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HomeMy WebLinkAbout2/6/2008 - STAFF REPORTS - 1.C. TJ r O-CITY `LZ COUNCIL STAFF REPORT M DATE: February 6, 2008 PUBLIC HEARING SUBJECT. OLIVERA TOWNHOMES LLC — CASE NO. 5.1159 PLANNED DEVELOPMENT DISTRICT 340 AND TENTATIVE TRACT MAP NO. 0 34729 CONSISITING OF A FIVE UNIT DETACHED CONDOMINIUM PROJECT AND A CONDOMINIUM MAP ON 0.53 ACRES LOCATED AT m THE SOUTHWEST CORNER OF VIA OLIVERA AND ZANJERO WAY. C FROM: David H. Ready, City Manager m r BY: Department of Planning Services O SUMMARY The City Council will consider a proposed 5-unit condominium project on a 0.53 acre M parcel. The project has been determined exempt under the California Environmental Z Quality Act as Infill Development. The project includes a Planned Development District to establish design standards for the construction of the project, and a Tentative Tract Map for condominium purposes. RECOMMENDATION: O 1. Open the public hearing and receive public testimony. _ 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE � CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1159, INCLUDING PLANNED DEVELOPMENT DISTRICT 340, AND X TENTATIVE TRACT MAP 34729, FOR OLVERA TOWNHOMES, LLC, A _ PROPOSED 5 UNIT CONDOMINIUM AT THE SOUTHWEST CORNER OF VIA OLIVERA AND ZANJERO ROAD." 0 PRIOR ACTIONS: The Architectural Advisory Committee (AAC) reviewed this project at its meetings of August 6, September 24 and October 22, 2007. On October 22, the AAC determined that the massing and site plan could be forwarded to the Planning Commission with 1a' ITEM NO. City Council Staff Report February 6,2008 Case.5.1159 PD340,TTM 34729 Page 2 of 3 recommendation for approval, conditional on the final architecture being returned to the AAC at Final Planned Development District review. r The Planning Commission considered the proposed project at its meetings of December a 12, 2007, and recommended approval of the project to the City Council. z STAFF ANALYSIS: z The applicant proposes five detached condominiums on a 28,168 square foot lot M (23,039 square feet net, after the dedication of Zanjero Road). The condominiums will be 2,413 square feet, all of the same model. The units will be two stories, or 23 feet in height. Each unit will have a two car garage "tucked under" the second floor of each unit. The Tentative Tract Map will subdivide the lot for condominium purposes, resulting in a single lot which will be maintained by a Homeowners' Association. m Access to each unit will be taken from Via Olivera. No access is proposed on Zanjero C Road, although it will be required to be improved to its ultimate half width. M The Planning Commission approved the Major Architectural Review for the architecture r of the buildings, with conditions, as recommended by the Architectural Advisory Committee. Q Planned Development District 'fa Table 1, below, describes the development standards applicable to the designations, 9 and the standards which the proposed project will implement. m z Table 1 Comparison of Existing Zoning and Proposed PD-340 Standards Type of Standard Underlying R-2 Proposed PD-340 GP Density 15 d.u./acre 5 units, 7.7 units per acre ZO Density 15 d.u./acre, or 8 units 7.7 d.u./acre, or 5 units Coverage 30% 29% net lot area Front Setbacks 25 Feet 23 feet Side Setbacks 10 feet 15 feet (q 20 feet corner side 15 feet corner side Rear Setbacks 15 feet 23 feet Bldg Separations 15 feet 10 feet ,Zl Common Open 50% 59% Space n Height 24 feet 23 feet Parking 10 spaces, 5 to be covered 10 spaces, 10 covered As shown in Table 1 above, the Planned Development District is required in this case to address variations in front and street side setbacks, as well as building separations. 000002 City Council Staff Report February 6,2008 Case'5,1159 P0340,TTM 34729 Page 3 of 3 The site is irregular in shape, being narrower at its northern boundary line than at its southern boundary line. The project could have proposed attached units, which would t— have enabled the street side setback to be satisfied. However, this would create a large a building mass on a relatively small lot. The applicant has chosen to detach the units, which will result in less building mass, and more open space for each unit. Z If the units were pushed to the south, the private open space (rear yard) for each unit Z would be reduced. It appears that the preservation of private open space is an Ill acceptable trade-off for the front yard setback reduction. O The building separation requirement in the R-2 zone is 15 feet, and the applicant proposes ten. As a condominium project, rather than a single family home project, a more densely, more closely spaced building layout can be expected. O Tentative Tract Map m The proposed Tentative Tract Map divides the site into one lot for condominium purposes. The design of the Tract Map is consistent with the design of the site for the E project. Staff has reviewed the proposed Tract Map in light of the required findings and m prepared recommended conditions contained in the attached draft resolution. r Environmental Review Pursuant to the California Environmental Quality Act, the project was reviewed by staff, and determined to be exempt under Section 15332, Infill Development. A Notice of Exemption is proposed for the project. FISCAL IMPACT: m No fiscal impact. Z ai L)Wing, Al Thomas Wilson, ssistant City Manager Dir c of Plan Services O David H. Ready, City Ma Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 0 3. Planning Commission Minutes dated 12/12/07 4. Planning Commission Staff report of December 12, 2007 (Without Attachments) 5. Copy of Site & Elevations Plans 6. Copy of Tentative Tract Map 000003 s°q Department of Planning Services w+F Vicinity Map 5 _ Pt , Oi _ � YIELLC-RD I { 1140 LNERA 10 Legend YVCCl1ELA 400 Foot Radius ® Pro)ectSits uSurrounding Parcels CITY OF PALM SPRINGS CASE NO: 5.1159 PD 340 DESCRIPTION: An application by Olivera TTM 34729 Townhomes, LLC, to construct five 2,350 square foot, detached two-story condominiums and a APPLICANT: Olivera Townhomes, LLC Tentative Tract Map 34729 for a condominium lot on aproximately 23,000-square foot parcel located at 199 Via Olivera (the southwest corner of Via Olivera and Zanjero Road), zoned R-2. 0Q600i RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1159, INCLUDING PLANNED DEVELOPMENT DISTRICT 340, AND TENTATIVE TRACT MAP 34729, FOR OLVERA TOWNHOMES, LLC, A PROPOSED 5 UNIT CONDOMINIUM PROJECT AT THE SOUTHWEST CORNER OF VIA OLIVERA AND ZANJERO ROAD WHEREAS, Olivera Townhomes, LLC (the "Applicant") has filed an application with the City for Planned Development District 340 under the provisions of Section 94.02.00(B) of the Palm Springs Zoning Code; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1159, consisting of Planned Development District 340, and Tentative Tract Map 34729, and project architectural approval was given in accordance with applicable law; and WHEREAS, on December 12, 2007, a public hearing on the application was held by the Planning Commission in accordance with applicable law, and WHEREAS, the proposed project is considered exempt under Section 15332, pursuant to the terms of the California Environmental Quality Act ("CEQA"); and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented, and has approved the major architectural review, and recommended that the City Council approve Case Number 5.1169 consisting of Planned Development District 340, and Tentative Tract Map 34729; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1159, consisting of Planned Development District 340 and Tentative Tract Map 34729, was given in accordance with applicable law; and WHEREAS, on February 6, 2008, a public hearing on the application was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: . aoaaa� Resolution No. Page 2 Section 1. The project is exempt from the California Environmental Quality Act (CEQA). The City Council independently reviewed and considered the information contained in the record prior to its review of this Project and a Notice of Exemption reflects the City Council's independent judgment and analysis. Section 2. Pursuant to Section 94.03.00 of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02,00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the General Plan, which encourages a mix of land uses in the Mixed Use/Multi-Use designation, including multifamily residential. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The site is physically suitable for the proposed project, insofar as it is vacant and relatively flat, and provides sufficient access points for all units proposed. c. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The Planned Development District modifies setback requirements in a manner which is conducive with the urban development sought for the area in the future. The site is located in an area where a mix of uses, ranging from single family to hotel, are located, and will blend with this mixed use area. Section 3: Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The Tentative Tract Map will facilitate the sale of condominium units within the project. The project is consistent with both the General Plan and no Specific Plan governs the site. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. 000006 Resolution No. Page 3 The design of the Tentative Tract Map is consistent with the allowable uses in the R-2 zone, and the project design meets the requirements of the zone, as conditioned. c. The site is physically suited for this type of development. The site is flat and vacant. The construction of the proposed project on the site is appropriate at this location. d. The site is physically suited for the proposed density of development. The site can accommodate the condominiums proposed. The overall density of the project is within the density limits for the R-2 zone. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map has been reviewed under the California Environmental Quality Act, and determined to be exempt as infill development. The site is significantly impacted by surrounding development, trails and dumping. f, The design of the subdivision or type of improvements is not likely to cause serious public health problems. The subdivision is designed to meet or exceed City standards. All structures on the site will be required to meet or exceed City building codes. The project will not cause public health problems. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. Section 4: The City Council directs staff to file the associated Notice of Exemption. Section 5: The City Council approves Case Number 5.1159, Planned Development District 340 and Tentative Tract Map 34729, subject to the Conditions of Approval attached hereto as Exhibit A, and as shown on the Tentative Tract Map 34729 and Development Plans attached to the City Council Staff Report dated February 6, 2008 and included herein by reference. 000007 Resolution No. Page 4 ADOPTED THIS 6" day of February, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk oa000$ Resolution No. Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on February 6, 2008, by the following vote: AYES.- NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California 000009 EXHIBIT A Case No. 5.1159 — PD 340 &Tentative Tract Map 34729 Olivera Townhomes LLC Southwest corner of Via Olivera and Zanjero Road CONDITIONS OF APPROVAL February 6, 2008 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1159 and, PD 340 and Tentative Tract Map 34729. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 000010 Conditions of Approval Case No 5.1159 Page 2 February 6, 2008 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the properly owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. 6. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 00001i Conditions of Approval Case No. 5.1159 Page 3 February 6, 2008 7. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Final Design 8. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 9. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's out sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. General Conditions/Code Requirements 10. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 11. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 12. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 13. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 14. All materials on the flat portions of the roofs shall be earth tone in color. 0000�2 Conditions of Approval Case No. 5.1159 Page 4 February 6, 2008 15, All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 16. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 17. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 18. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 19, The street address numbering/lettering shall not exceed eight inches in height. 20. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 21. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. 22. The architecture for the proposed project shall be returned to the AAC for review and approval as part of the Final Planned Development Permit review. Engineering Division STREETS 23. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 24. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. aaaa�� Conditions of Approval Case No. 5.1159 Page 5 February 6, 2008 VIA OLIVERA 25. Dedicate a full half-street right-of-way of 25 feet along the entire frontage, together with a property line - corner cut back at the northeast corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 26. Dedicate an easement 3 feet wide along the entire frontage, and an easement 4 feet wide along the back of the driveway approaches, for sidewalk purposes. 27. Construct a 6 inch curb and gutter, 20 feet south of centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the southwest corner of the intersection of Via Olivera and Zanjero Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 28. Construct the west half of a 6 feet wide cross gutter and spandrel at the southwest corner of the intersection of Via Olivera and Zanjero Road with a flow line parallel with and located 20 feet south of the centerline of Via Olivera in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 29. Construct driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 30. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 31. Construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of Via Olivera and Zanjero Road in accordance with City of Palm Springs Standard Drawing No. 212. 32. Construct pavement with a minimum pavement section of 2/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire Via Olivera frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 305. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ZANJERO ROAD 33. Construct a 6 inch curb and gutter, 20 feet west of centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the southwest corner of the intersection of Zanjero Road and Via Olivera in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 0000IL Conditions of Approval Case No. 5.1159 Page 6 February 6, 2008 34. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 35. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire Zanjero Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ON-SITE 36. For on-site bay parking in residential and commercial zones, paving material shall be decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06.00.C.15.e. 37. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. SANITARY SEWER 38. All sanitary facilities shall be connected to the public sewer system. One or more of the four existing sewer service laterals shall be used for new sanitary facilities if possible. Existing sewer laterals located on the property shall be removed if unused, and new sewer laterals shall be installed in accordance with City of Palm Springs Standard Drawing No. 405. A maximum of five sewer laterals shall be allowed for this property. New laterals shall not be connected at manholes. All on- site sewer facilities shall be privately maintained. GRADING 39. Submit a Precise Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella 0000] 5 Conditions of Approval Case No. 5.1159 Page 7 February 6, 2008 Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. a. The first submittal of the Precise Grading Plan shall include the following information. a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map or Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 40. Coordinate with Whitewater Mutual Water Company to determine relocation requirements for the existing water lines and other facilities located within the property if any. The applicant shall be required to make appropriate arrangements to protect in place or relocate the existing Whitewater Mutual Water Company facilities that are affected by the development. A letter of approval from Whitewater Mutual Water Company for relocated or adjusted water lines and other facilities shown on the Precise Grading Plan shall be submitted to the Engineering Division prior to approval of the Precise Grading Plan. 41. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-699-6907), or the Tribal Archaeologist, Patty Tuck (760-699-6907), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 42. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 43. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading aado�6 Conditions of Approval Case No. 5.1159 Page 8 February 6, 2008 plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 44. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 45. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. No on-site grade slopes shall be less than 0.5%. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). 46. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to Via Olivera or Zanjero Road. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 47. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 0000117 Conditions of Approval Case No. 5.1159 Page 9 February 6, 2008 48. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No, 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 49. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 50. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-669-6907), or the Tribal Archaeologist, Patty Tuck (760-669-6907) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 51. All proposed utility lines shall be installed underground. 52. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General 000018 Conditions of Approval Case No. 5,1159 Page 10 February 6, 2008 Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utility pole located adjacent to the northeast corner of the subject property meets the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 53. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 54. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 55. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 56. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section . 93,02.00, D. 57. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. MAP 58. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the 0000i9 Conditions of Approval Case No. 5.1159 Page 11 February 6, 2008 traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 59. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final (Parcel) Map, or in the absence of a Final (Parcel) Map, shall be submitted and approved by the City Attorney prior to issuance of a Certificate of Occupancy. 60. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number, and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 61. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. 62. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work zones" dated 2006, or subsequent additions in force at the time of construction. 63. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 64. Trash cans shall be screened from view and kept within fifty (50) feet of the street. 000020 Conditions of Approval Case No 5.1159 Page 12 February 6, 2008 Police Department 65. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code, Building Department 66. Prior to any construction on-site, all appropriate permits must be secured. 67. Insufficient information: There is insufficient information to completely provide all fire department conditions. These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. 68. Premises Identification: Approved numbers for the address shall be provided for all new and existing buildings, prior to issuance of a Certificate of Occupancy by the Building Official. Address numbering must be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 69. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 70. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323- 8186 for a KNOX application form. (902.4 CFC) 71. Location of Knox boxes: A Knox box shall be installed at every locked gate. Show location of boxes on plan elevation views. Show requirement in plan notes. 72. Fire Hydrant(s): Operational fire hydrant(s) shall be available to this project. To be considered available, the closest hydrant must be within 250 feet of all points on the street fronting the project. (903.4.2 CFC) Appendix III-B 73. Fire Flow: Based on preliminary plan submitted the fire flow for this development is estimated to be 1,000 GPM. 74. Fire Extinguisher Requirements: Provide one 2-A: 10 6: C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 000021. Conditions of Approval Case No. 5.1159 Page 13 February 6, 2008 75. Fire Apparatus Access Roads/Driveways: Fire department access roads/driveways shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. (902.2.1 CFC) END OF CONDITIONS 000022 City of Palm Springs Planning Commission Minutes of December 12, 2007 10. Case 5.1159 P❑ 340 / TTM 34729 - An application by Olivera Townhomes, LLC, to construct five 2,413 square feet, detached two-story condominiums and a Tentative Tract Map 34729 for a condominium lot on an approximate 28,168 square foot lot located on the southwest comer of Via Olivera and Zanjero Road, Zone R-2, Section 3, APN: 504-270-004. (Project Planner: Edward O. Robertson, Principal Planner) Nicole Criste, Contract Planner, provided background information as outlined in the staff report dated December 12, 2007, Chair Marantz opened the Public Hearing: -Kent Salveson, developer, stated this project has been to the Architectural Advisory Committee about four or five times and many revisions have been made. Mr_ Salveson provided further details on the overhangs and balconies; and addressed the bathroom windows and the storage area for trash receptacles. There being no further comments the Public Hearing was closed. Commissioner Scott noted it is unusual to approve a project contingent upon further review by the Architectural Advisory Committee. Staff responded that as a planned development district the code requires the final development plans to return to the Architectural Advisory Committee. M/S/C (Ringlein/Cohen, 6-0) To recommend approval to the City Council, subject to Conditions of Approval. 11. COMMISSION WORK PROGRAM: Work Program Priorities and Subcommittee Assignments Mr. Ewing reported that the City Council will meet in January to discuss the Housing Element and a public hearing will come before the Commission in late Spring. Mr. Ewing provided details on the upcoming amendment to the Zoning Ordinance. 12. COMMISSION/STAFF REPORTS AND REQUESTS: Mr. Ewing bid farewell to Fred L.owndes, Associate Planner, who will be relocating to the East Coast. 7 000023 azZ ePlanninq r Commission Staff Report "' 0 Date: December 12, 2007 Case No.: 5.1159, PD 340; TTM 34729 0 Application Type: Planned Development District, Tentative Tract Map M and Major Architectural Review C Location: Southwest corner of Via Olivera and Zanjero Road M r Applicant: Olivera Townhomes LLC Q General Plan and Zone: Mixed Use/Multi-Use and R-2 APNs: 504-270-004 E m From: Craig Ewing, AICP, Director of Planning Services Z Project Planner: Nicole Sauviat Criste, Consulting Planner ^-I Edward O_ Robertson, Principal Planner PROJECT DESCRIPTION 0 The applicant requests approval of a Planned Development and Major Architectural Application to allow the construction of five detached condominium units on an cn approximately 28,168 square foot lot. A Tentative Tract Map for condominium purposes, resulting in a single lot, is also proposed. RECOMMENDATION '- 0 1. Approve the proposed application by Olivera Townhomes, LLC to develop the proposed 5-unit condominium project by: • Approving Planned Development District 340, subject to the attached conditions; 000024 Planning Commission Staff Report December 12,2007 Case:5.1159—PD 340 and,TTM 34729 Page 2 of 9 • Recommending to City Council conditional approval of Planned Development District 340 and Tentative Tract Map 34729 for condominium purposes; and I— • Approving the architectural and landscaping plans for Case 5.11,99. n Z PRIOR ACTIONS Z The Architectural Advisory Committee (AAC) reviewed this project at its meetings of m August 6, September 24 and October 22, 2007. On October 22, the AAC determined 0 that the massing and site plan could be forwarded to the Planning Commission with a recommendation for approval, conditional on the final architecture being returned to the AAC at Final Planned Development District review. BACKGROUND AND SETTING m The project site is currently vacant, and generally flat. Via Olivera, along the northern C property line, is paved. Zanjero Road, along the eastern property line, is not improved, but has been used as a dirt road for a considerable amount of time. M Properties to the north are a mix of vacant parcels and single-family homes. Properties r to the west are vacant. The land to the east is developed as a nursing home. Lands to a the south are developed as hotel use. .0 The project site was approved in 2005 for an apartment complex development. An extension of time has been filed for that approval, although no action has been taken, m pending completion of this application. If this PD and Tentative Tract Map are approved, they will supercede the previous approval. Z ANALYSIS Project Description The applicant proposes five detached condominiums on an approximately 28,168 O square foot lot (23,039 square feet net, after the dedication of Zanjero Road)_ The -- condominiums will be approximately 2,413 square feet each, all of the same model. The N units will be two stories and twenty three feet (23') in height. Each unit will have a two car garage "tucked under" the second floor of each unit. The Tentative Tract Map will subdivide the lot for condominium purposes, resulting in a _ single lot which will be maintained by the Homeowners' Association. 0 Access to each unit will be taken from Via Olivera. No access is proposed on Zanjero --I Road, although it will be required to be improved to its ultimate half width. 000025 Planning Commission Staff Report December 12,2007 Case:5.1159-PD 340 and,TTM 34729 Page 3 of 9 Planned Development District Ir The Planned Development District is required in this case to seek relief in front, street side setbacks, and building separations requirements. Z The subject site is irregular in shape and narrower at its northern boundary line than at Z its southern boundary line. The project could have proposed attached units, which would have enabled the street side setback requirement to be met. However, this would M also have resulted in a significant massing of the building structure, creating a large 0 building mass on a relatively small lot. The applicant has chosen to detach the units, which will result in less building mass and a great amount of open space for each unit. As proposed, the front yard setback falls short of the zoning standard by two feet. If the units were pushed to the south, the private open space (rear yard) for each unit would 0 be further reduced. Staff believes that the preservation of private open space is an M acceptable trade-off for the front yard setback reduction. C The building separation requirement in the R-2 zone is 15 feet; the applicant proposes m ten. As a condominium project, rather than a single family home project, a denser, more r closely spaced building layout can be expected. The individual side yards will be screened from the street by connecting walls between units, so the space will be 0 private. The applicant changed the elevations on the 'left" side of each unit to assure that there would be no windows (other than a second floor bathroom window) on that side, so that individual privacy would be maintained. The architecture of the buildings is clean and without significant overhang, so the buildings will not encroach into the separation area. Staff believes that the variation can therefore be supported. M Z Table 1 Comparison of Existing Zoning and Pro osed PD-340 Standards Type of Standard Underlying R-2 Proposed PD-340 GP Density 15 d.u_/acre 5 units, 7.7 units per acre 0 ZO Density 15 d.u./acre, or 8 units 7.7 d.u./acre, or 5 units Coverage 30% 29% net lot area Front Setbacks 25 Feet 23 feet (/) Side Setbacks 10 feet 15 feet _ 20 feet (corner side) 15 feet (corner side) Rear Setbacks 15 feet 23 feet X Bldg Separations 15 feet 10 feet — Common Open 50% 59% 0 Space Height 24 feet 23 feet T Parking 10 spaces,_5 to be covered 10 spaces, 10 covered 000026 Planning Commission Staff Report December 12,2007 Case.5.1159—PD 340 and,TTM 34720 Page 4 of 9 General Plan and Zoning (� The General Plan and Zoning designations for the project site and for surrounding D properties are depicted in Table 2 below. The zoning for the site would allow up to 8 Z units on the lot, and five are proposed, therefore the project is consistent with the Z General Plan and Zoning designations assigned to the property. m Table 2 v Project and Surrounding General Plan and Zoning Designations Location General Plan Designation Zoning Designation Project Site Mixed Use/Multi-Use; varies _ R-2; 15 units per acre p West Mixed Use/Multi-Use; varies R-2; 15 units per acre South Mixed Use/Multi-Use; varies R-2; 15 units per acre M East Medium Density Residential; 6.1- R-2; 15 units per acre 15/acre North Medium Density Residential; 6.1- R-2; 15 units per acre m 15/acre r- Site Plan and Project Design 0 The parcel's configuration dictates specific site plan layout for this project_ The units will be aligned along Via Olivera, consistent with the AAC's recommendation. Each unit will ic have a driveway on Via Olivera, accessing the unit's garage. All the units except Unit 1 M will be oriented in the same manner (front door on the west side of the unit). Unit 1 will Z have its front door on the east side of the unit. Architecture The applicant proposes contemporary architecture for the project. Although all buildings will be identical, each of the buildings is proposed to have a varying color scheme, each tied by a sage green color. Large, multi-paned windows and doors are proposed for the front and rear elevations, as well as one side of each unit. Stucco finish is accented by brushed aluminum on the bands located above windows and doors. (f7 --I The AAC expressed concerns with the project architecture, particularly as it related to the bands around the building, which are proposed as sun shade devices. Two concerns were expressed: first, that the bands were not functional on the eastern and western exposures of the structures and second that they did not "wrap around" the 0 building consistently. The AAC felt that the details can be worked out during the Final PD review. 000027 Planning Commission Staff Report December 12 2007 Case:5.1159—PO 340 and,TTM 34729 Page 5 of 9 Landscaping r The project proposes front yard landscaping to include paving stone walkways, and a n palette of drought tolerant plantings, including bougainvillea, mesquite trees and nandina. The final landscaping plan will be reviewed as part of the Final PD process for Z the project. The rear yard landscaping will be undertaken by each condo-owner. Z Public Utilities and Services M Public utilities and services are available to the site. The applicant is required to dedicate a full half-street right-of-way of 25 feet along the entire frontage at the northeast corner of Via Olivera. Additional public street improvements are also required of the applicant along Zanjero Road. Engineering conditions of approval Nos. 9 — 14 indicates the required street improvements to be completed by this project. 0 M Tentative Tract Map C The proposed Tentative Tract Map subdivides the site into one lot for condominium m_ purposes. The design of the Tentative Tract Map is consistent with the design of the site r for the project. Staff has reviewed the proposed Map in light of the required findings and prepared recommended conditions contained in the attached draft resolution. 0 REQUIRED FINDINGS Findings can be made in support of establishing the proposed Planned Development MDistrict as follows: Z a, The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the General Plan, which encourages a mix of land uses in the Mixed Use/Multi-Use designation, including 0 multi-family residential. — b. The subject property is suitable for the uses permitted in the proposed planned W development district, in terms of access, size of parcel, relationship to similar or --I related uses, and other relevant considerations. X The site is physically suitable for the proposed project, insofar as it is vacant and relatively flat, and provides sufficient access points for all units proposed. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. 800028 Planning commission staff Report December 12,2007 Case:5.1159—PD 340 and.TTM 34729 Page 6 of 9 The Planned Development District modifies setback requirements in a manner which is conducive with the urban development sought for the area in the future. The site is located in an area where mixes of uses, ranging from single family to r hotel, are located, and will blend with this mixed use area. a Additional findings are required for the proposed Tentative Map pursuant to Section Z 66474 of the Subdivision Map Act. These findings and a discussion of the project as it Z relates to these findings follow: m a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The Tentative Tract Map will Facilitate the sale of condominium units within the project. The project is consistent with both the General Plan and no Specific Plan governs the site. O b. The design and improvements of the proposed Tentative Tract Map are Im consistent with the zone in which the property is located. C M- The design of the Tentative Tract Map is consistent with the allowable uses in the r , R-2 zone, and the project design meets the requirements of the zone, as conditioned. 0 C. The site is physically suited for this type of development. The site is flat and vacant- The construction of the proposed project on the site is appropriate at this location. m d. The site is physically suited for the proposed density of development. The site can accommodate the condominiums proposed. The overall density of the project is within the density limits for the R-2 zone. e- The design of the subdivision is not likely to cause environmental damage or 0 substantially and avoidably injure fish, wildlife, or their habitats. — The Tentative Tract Map has been reviewed under the California Environmental CA Quality Act, and determined to be exempt as infill development. The site is significantly impacted by surrounding development, trails and dumping. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The subdivision is designed to meet or exceed City standards. All structures on the site will be required to meet or exceed City building codes. The project will not cause public health problems. 000029 Planning Commission Staff Report December 12,2007 Case:5.1159-PD 340 and,TTM 34729 Page 7 of 9 g. The design of the subdivision or type of improvements will not conflict with TJ easements, acquired by the public at large, for access through or use of the r property within the proposed subdivision. There are no known public easements or access across the subject property, Z therefore the design of the subdivision will not conflict with easements for access Z through or use of the property. Any utility easements can be accommodated within the project design. Ill Pursuant to the Palm Springs Zoning Ordinance, Section 94.04.04(D), Architectural guidelines have been met for the proposed project, as follows: 9. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; 0 i.e., sidewalks as distinct from parking lot areas. m The proposed project site plan creates interior open space areas by using C buildings as screens. The project has included clear access points for both M- pedestrians and vehicles. r 2. Harmonious relationship with existing and proposed adjoining developments and Q in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted. The proposed architecture will be compatible with surrounding structures, which m display a variety of styles in this portion of the City. The contemporary style and Z varied color palette will add interest to the project- 3- Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment; v The mass of the buildings, building height and setbacks generally conform to the — R-2 standards, as amendment by PD 340. The equipment for each unit will be Cn located within each yard, and will be screened- 4- Building design, materials and colors to be sympathetic with desert surroundings; � The color palette for the proposed project blends using neutral desert tones with a range of earth toned color, compatible with the desert environment. 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously; 000030 Planning Commission Staff Report December 12,2007 Case.5.1159—PD 340 and,TTM 34729 Pagc 8 of 9 The design of the buildings is well coordinated, blending well together to create a .� harmonious design. r 6. Consistency of composition and treatment,- a The project's design themes are highlighted on different portions of the project, to Z create a uniform and consistent style. Z 7. Location and type of planting, with regard for desert climate conditions. rn Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; The plant palette has been reviewed for consistency with the desert environment. The review of the plant palette at final design will assure that plant materials are compatible with the desert environment. 0 8. Signs and graphics, as understood in architectural design including materials and rn colors; C m No signage is proposed for the project. r 9. The planning architectural advisory committee may develop specific written 0 guidelines to supplement the design criteria and carry out the purposes of this chapter. The proposed project has been reviewed and recommended for approval by the Architectural Advisory Committee with a requirement to finalize architectural rn design with the Final PD. Z ENVIRONMENTAL ASSESSMENT The Planning Department has reviewed this project under the provisions of the California Environmental Quality Act (CEQA), and determined that the project is exempt under CEQA, Section 15332, Infill Development. NOTIFICATION N A public hearing notice was advertised and was mailed to all property owners within 500 feet of the subject property/adjacent property owners. As of the writing of this report, staff has not received any Comment. Mward O. beftson pal Planner Di or of Pla in Services . . p0003h Planning Commission Staff RePOrt December 12 2007 Case.5.1159—PD 340 and TTM 34729 Page 0 of 9 ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution & Conditions of Approval r 3. Reduced copy of site plan 4. Reduced Elevations, roof and landscaping plans z z ITl v v m C m r m z v n 000►032 1 4 1 it -a� r.Ki1P�Cn� I f:ar. IcSYdFY . i;.:1---�_ f ^i✓rh hJil r.1S/ry�F. ���'—� � ''•/ •�_ 1 } � it '-_''�, � i �;\ � 'x �..:+.s.—n .m i�1r ''�l �'� � '� l • ,1 �� � ice,pay _:���`�.� � ':--��H.n:�•c=°�A�' _ _PFEw o-s '�y l —s'+crvr* rrr X..s:.;c weu�i ra?. ly 14'_''^"-�rv,•:s..a�ara w'q• •-'���j.sP s.ssw.,xa.p�--I � s i�':n p ' sesrq'r�.,,— J L=- su'r:✓asn.�,usY s'rsnsr,. n� i •nEq �; :�rj..-�x w{s-ce�e:ye' FRoNr �sJ CuJGPc �b:ci.l O pw4A=lq gXit�r=T 1{s .Lh 3 W ��ss f P,ORT 1F:ATIF4 -_ i� L f ELEVAMII_ FRONT LLEVATION - - I If. 3 LEE F LLLVAI ION r Ul — � I i�f •I I I i --'i _IIuII_ I � I. I PfAR ELEVAT ON RIG]Ii El FIATIDIV a Evc.rloN. REAR ELEVATION`-- - - --- - -- _"�` -19� R,6HT LLLVATION - -- - - -----_-- -- - - - _Ji A_3 4 Q w Y� I . �I NOTE --i ROOF MATERIALS =: I � i :e_c=_ it -- - Zinc VCM INC CAL6— � F - I •, j s17I i Q •p9�`.r�, it �w nr�inia �] ROOF PLAN - - — - - — - — %2t NOTFS �r1 TENTATIVE TRACT MAR NO, 34729 TENTATI NE TRACT iMp NO.34729 FOR COND MINIUM�RURRDSES r71'vEK Nrxµ bli _ _ _ 4 .'.- „�� .r' _ 'i I l ;M "r��t';' ..,. `•; .,, .-'il\ � d�r�.T-ma - -,. ,,... .,.. I �J i _., � �._^I•,'r _-I_ '-; i � I _�..� ?s Yl �\",ice,i '�`, it " I —;i - .,. _ i Ja I__ :�•. 15 V.S . I%;. `,�.:.�..-�...� r -, .� Una 5 0 f• Uini1 U"2 `JnA S ; .1i• s�','� r yy ; _-- '. ILI 'c\� �/�� � ',Y 'S,' i}� T� "�. , I -• `rnlrn�...-.�. I ...�,I ' � i � i __ �1 7i•7/I� `II},5 'i= 19 ,lll I ��.-;ri_Ea� rr Y� p�3-Q��i3���.-C��.n _ _i• ..r.n.... �w I 3�j`�r�r R `tFAil4Fd r:5 I i2 :L91�5R2`f _, Vf IllrE:iC� {'•'.-v. � ' "• PhTYSLJ WIIL,CM'.] FtP Y.'S=gET � � � 0 0 w cn CITY OF PALM SPRINGS PUBLIC HEARING NOTIFICATION 0 CITY CLERK'S DEPARTMENT James Thompson, City Clerk City Council Meeting Date: February 6, 2008 Subject: Olivera Townhomes — 199 Via Olivera — Case 5.1159 AFFIDAVIT OF MAILING I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was mailed to each and every person on the attached list on or before January 25, 2008, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (46 notices) I declare` 1under penalty of perjury that the foregoing is true and correct. Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF PUBLICATION I, Kathie Hart, CMC, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun on January 26, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. k4me Kathie Hart, CMC Chief Deputy City Clerk AFFIDAVIT OF POSTING I, Dolores Strickstein, Secretary, of the City of Palm Springs, California, do hereby certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E. Tahquitz Canyon Drive, on the exterior legal notice posting board and in the Office of the City Clerk on or before January 24, 2008. 1 declare under penalty of perjury that the foregoing is true and correct. Dolores Strickstein, Secretary 000037 NEIGHBORHOOD COALITION REPS MR PETE MORUZZI Case 5.1159 PD 340 &TTM 34729 PALM SPRINGS MODERN COMMITTEE OLIVERATOWNHOMES MODCOM AND PO BOX4738 PHN for CC Meeting 02.06.08 HISTORIC SITE REP I I 1 PALM SPRINGS CA 92263-4738 CITY OF PALM SPRINGS PLANNING SERVICES DEPARTMENT CASE 5.1159 PD 340 VERIFICATION NOTICE 1 1 1 ATTN SECRETARY MRS. JOANNE BRUGGEMANS PO BOX 2743 506 W. SANTA CATALINA ROAD PALM SPRINGS, CA 92263.2743 PALM SPRINGS, CA 92262 MS MARGARET PARK MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS 1 I 1 1 1 I INDIANS INDIANS 777 E.TAHQQUITZ CANYON WAY,#301 777 E.TAHQQUITZ CANYON WAY,#301 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR KENT SALVESON MR DOUG SCHULTZ OLIVERA TOWNHOMES, LLC 570 E. LA CADENA DRIVE SPONSORS 33-234 CAMPUS LANE RIVERSIDE, CA 92501 - - - - - - CATHEDRAL CITY, CA 92234 MR JOE SONEJI DUDEK&ASSOCIATES 75-150 SHERYL AVENUE PALM DESERT, CA 92211 L-, VC .Q� �--r //s7 P,o 3,�a 04,vct-,c %ea�tiklr-o� e �. P� CiD 504-260-004 504-260-005 504-270-002 Phoenix Row I Phoenix Row I Phoenix. Row Ti 25 Bay St 25 Bay St 25 Bay St Tilton, Nil 03276 Northfield, NH 03276 Northfield, NH 03276 504-260-021 504-250-014 504-250-015 Catherine Meyler. Thomas J Dubbs Thomas J Dubbs 3423 Hen Lomond P1 11684 Ventura Blvd JIG 11664 Ventura Blvd 416 Los Angeles, CA 90027 Studio City, CA 91604 Studio City, CA 91604 504-230-012 504-250-001 504-270-00J Richard & Patricia Leon Joseph & Leticia Mattingly Alan & Angel. Schneider. 6706 Harrington Ct 5887 All.eghany of PO Box 556 Chino, CA 91710 San Diego, CA 92139 Cathedral City, CA 92235 504-260-U22 504-250-009 504-260-019 Livebythepark San Jacinto Ltc Ladd E & Patricia Cameron Dol Mar Properties Vi Llc 61736 Onaga Trl 1,276 N Palm Canyon Dr 2 2395 N Indian Canyon Dr Joshua Tree, CA 92252 Palm Springs, CA 92262 Palm Springs, CA 92262 504-270-009 504-260-026 504-260-027 Desert Moon Inn Llc Whitewater Mutual Water Co Whitewater Mutual Water Cc 2150 N Palm Canyon Dr PO Box 2821 PO Box 2921 Palm Springs, CA 92262 Palm Springs, CA 92263 Palm Springs, CA 92263 504-270-014 bO4-260-024 504-250-0] 0 Whitewater. Mutual Water Co City Of Palm Springs Mark Sofonio PO Box 2821 PO Box 2743 1516 S Manzanita Ave Palm Springs, CA 92263 Palm Springs, CA 92263 Palm Springs, CP_ 92264 504-250-093 b04-270-001 504-270-015 Mark Sofonio Lawrence L & Hendrika Scfcnic Rat Inv L1c 1516 S Manzanita Ave 1516 S Mdnzanita Avo 1.968 S Mesa Dr Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 5D4-250-011 504-270-016 504-250-ODJ Olivera Vista Donald R Ward Del Mar Prop I 25 Ambassador Cir 133 The Masters Cir 1300 Bristol St N 200 Ranri,o Mirage, CA 92270 Costa Mesa, CA 92627 Newport Beach, CA 92660 504-250-022 504-260-002 504-260-003 Del Mar Prop I Del Mar Prop I Del Mar Prop T 1300 Bristol St N 200 1300 Bristol SL N 200 1300 Bristol St N 20O Newport Beach, CA 92660 I Newport Beach, CA 92660 Newport Beach, CA 92G60 504-260-020 504-260-02B 504-260-032 Del Mdr Prop I Del Mar Prop I Del Mar Prop I 1300 N Hrastol. St 200 1300 Bristol St N 200 1300 Bristol SL N 200 Newport Beach, CA 92660 Newport Beach, CA 92660 Newport Beach, CA 92660 504-260-033 504-260-034 504-270-018 Del Mar Prop I Del Mar Prop I California Nursing & Rehab Cc 1300 Bristol St N 200 1300 Bristol St N 200 495 Las Palmas Dr Newport Beach, CA 92660 Newport Beach, CA 92660 Santa Barbara, CA 93110 504-270-003 504-270-005 504-270-006 North First Street Prop North First Street Prop North First Street Prop 1122 willow St 200 1122 Willow SL 200 1122 Willow St 200 San Jose, CA 95125 San Jose, CA 95125 San Jose, CA 95125 504-270-007 504-270-008 I "* 36 Printed *** North First Street Prop North First- Street Prop 1122 Willow St 200 1122 Willow at 200 San Jose, CA 95125 San Josc, CA 95125 PROOF OF PUBLICATION This is spice for Comfy Clerks Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA Coo aty of Riverside -.._ No,0252 NOTICE CITY COUNCILAPING CITY OF PALM SPRINGS 5.1159 PLANNED 1 DEVELOPMENT DISTRICT 340 M TENT fTI E CT TRA AAP 34720 OLIVVERA TOWNHOMES I am a citizen of the United States and a resident of the Countyaforesaid;I am over the age of eighteen NOTICE of elmSpin pHEREBY GIVEN that ill Cory Council' g g Win, Clay of Palmmting o?p February 6 will ralU no 1�— ears,and not a a to Or interested in the COURq at Its meeting of t 6 00ry a 2In TCo Pry y p Ccuric'il mcnting be Ina at 600 m. In the Councl above�ntitled matter.I am the principal clerk of a chamber at City MIX 1200 E.Ta quiz Canyon way, printer of the,DESERT SUN PUBLISHING I palm Springs. COMPANY a newspaper o£general circulation The purpose of this hearing Is to consider an epplica- g , non by 011vera TownhomYs, LLC to constrUat five printed and published in the city of Palm Springs, 2350 square fort detachpped fwe•ehmJ condominiums And e Tentative Tract 29 000 qu9[o teat pamominium County of Riverside,and which newspaper has been lot on an approximate Imai- ed at 19g Via OlNoia (the ondR2't corner of Via adjudged a newspaper of general circulation by the Dllvera and Zanjero Road),] e Superior Court of the County of Riverside,State of _-_ " ----- -- - -- California under the date of March 24, 1988.Case "t- Number 191236;that the notice,of which the -- - annexed is a printed copy(set in type not smaller li . than non pariel,has been published in each regular and entire issue of said newspaper and not in any I 1 supplement thereof on the following dates,to wit: u . January 266,2008 -1—J I All in the year 2008 I certify(or declare)under penalty of perjury that the foregoing is true and correct. ENVIRONMENTAL DETERMINATION: Staff re- viewed the ppre un act der Ilho Celltarnla Environmental quality Act(C�QA)and determined that the ppreIIIgel is Dated at Palm Springs,California this----28",--day onpmunt) oofythe exempt Under Environmenttal 32(Qudlitye Act (MA). or---- Januar ��- ----- ---,2008 REVIEW OF PROJECT INFORMATION . The� staff report and other supppurling documents regarding / ils pro11act tiro also eve table for public review at City •lall behveen the hours Of 9:00 am and 500 Pm. Monday through Fridayy Please contact the Qfhce of 1 tho Cny Qlnrk ar(760)323.8204 If you would like to ----'�� schedule an appointment to review Illose documents '...... p COMMENT ON THIS APPLICATION Rospoll5e Si�ature j to this notice may_be made verbally at the Public Hear• Imr,andlor in wnhnp Wore the hearing Written COm- •�; t / mall o may he made to the City Council by Tartar flat mall or hand delivery)to. James Thompson City Clerk 3200 E.Tehquitz&Iyon Way Palm Spnnge,CA 92262 LLZ Cn Any challenge Of the proposed project in court may be W I+ Iinved to raising only those Issues raised at the public yi Q� V Q hearinq described in this notice, Or In written cOrro- y U apondonc0 delivered to the City Clerk at,or prior,to the publm hearing (COvemment Coda Section 0CL C44 +—r 65008N11-1) W = tf An opportunity will be given at said hearing for all Inter- G ,`-"U estsd persons to he heard Questions regaMln7 fnl V_ .L case may be directed to Edward O.Rohertson,Plan• r m ring Services Department at(lag)323.8245, 0 y— N SI necead,t a lm Pon Setswile,rhablar r llama ale C= Ciudad lot ono(760)r323.8245,de hablar can Nadine James Thompson,Cify,Clerk Published:1126/08 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS 5.1159 PLANNED DEVELOPMENT DISTRICT 340 & TENTATIVE TRACT MAP 34729 199 VIA OLIVERA OLIVERA TOWNHOMES NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of February 6, 2008. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by Olivera Townhomes, LLC, to construct five 2,350 square feet, detached two-story condominiums and a Tentative Tract Map 34729 for a condominium lot on an approximate 23,000-square feet parcel located at 199 Via Olivera (the southwest corner of Via Olivera and Zanjero Road), zoned R-2. ENVIRONMENTAL, DETERMINATION: Staff reviewed the project under the California Environmental Quality Act (CEQA) and determined that the project is categorically exempt under Section 15332 (Infill Development) of the California Environmental Quality Act (CEQA). REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this project are also available for public review at City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the Office of the City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public hearing. (Government Code Section 65009[b][21). An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Edward O. Robertson, Planning Services department at (760) 323-8245. Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. es Thompson, 0ty Clerk Department of Planning Services f � E a Vicinity Map o .e 5 .P� �neuc rm i I • VlA 0 LNERfl Y i C I I - — Legend ',;ESCOEV. I Q 400 Foot Fadius Proi ect Site jII Surrpunding Parcels j CITY OF PALM SPRINGS CASE NO: 5.1159 PD 340 DESCRIPTION: To consider an application by TTM 34729 Olivera Townhomes, LLC, to construct five 2,350 square feet, detached two-story condominiums APPLICANT: Olivera Townhomes, LLC and a Tentative Tract Map 34729 for a condominium lot on an approximate 23,000 square foot parcel located at 199 Via Olivera (the southwest corner of Via Olivera and Zanjero Road, zoned R-2.