HomeMy WebLinkAbout11/7/2007 - STAFF REPORTS - 1.B. "p ALMS',
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-0`'F01z`4 CITY COUNCIL STAFF REPORT
DATE: November 7, 2007 PUBLIC HEARING
SUBJECT: VIA ESCUFLA LAND PARTNERS, LLC. — AN APPEAL OF THE
DECISION BY THE PLANNING COMMISSION TO DENY A
MODIFICATION OF THE FINAL DEVELOPMENT PLANS FOR
PLANNED DEVELOPMENT DISTRICT 310 TO ALLOW INSTALLATION
OF AN ENTRY GATE AND TURN-AROUND AT 217 VIA ESCUELA.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
Via Escuela Land Partners, LLC requested an amendment to the final development
plans for Planned Development District 310 to allow installation of an entry gate and
turn-around; the requests were denied by the Planning Commission. The applicant is
requesting that the City Council overturn the Planning Commission's decision.
RECOMMENDATION
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 AN APPEAL BY VIA
ESCUELA LAND PARTNERS, LLC, AND OVERTURNING THE DECISION OF
THE PLANNING COMMISSION TO DENY A MODIFICATION OF THE FINAL
DEVELOPMENT PLANS TO PLANNED DEVELOPMENT DISTRICT 310 TO
ALLOW INSTALLATION OF AN ENTRY GATE AND TURN-AROUND FOR THE
CONDOMINIUM DEVELOPMENT LOCATED AT 217 VIA ESCUELA, ZONE PD-
310, SECTIONS 3."
PRIOR ACTIONS
On September 12, 2007, the project was reviewed by the Planning Commission that
voted to continue the item (by a vote of 6-0-1; Hutcheson abstain). The Planning
Commission requested additional review by the Fire Department. Minutes of the
Commission's meeting regarding this hearing are attached.
le ITEM NO._3�
City Council Staff Report Page 2 of 3
November 7,2007
5.1035 AMND PD310
On September 26, 2007, the Planning Commission voted to deny the request by a vote
of 4-0-3; Caffery/Hochanadel/Hutcheson abstained).
On September 28, 2007, the applicant filed an appeal of the Planning Commission's
decision. The appeal letter is attached to this staff report.
STAFF ANALYSIS
The applicant has revised the turn-around portion of the entry gate proposal to address
concerns cited by the Engineering and Fire Departments and the Planning Commission.
To address the Engineering Departments concerns, the applicant proposes to install a
24 foot wide guest entryway which will allow side-by-side stacking of vehicles utilizing
call boxes to gain access to the complex. The Engineering Department has met with
the applicant and confirmed that this addresses their concern.
The applicant met with the Fire Department to address concerns related to fire engines
extending into the public right-of-way while waiting for the gate to open. To remedy this
concern, the applicant proposes to install 2 optical preemption devices at the entry gate.
These devices detect a specific signal located in emergency vehicle strobe lights and
upon detection automatically open the gate. The detection devices would be installed in
addition to standard Knox key override switches.
The applicant has also proposed to install a battery back-up system to keep the gate
operational during power failure. These features would reduce the time that emergency
response vehicles would have to wait at the entry gate and thereby would reduce the
time that vehicles are obstructing the right-of-way. The Fire Department has noted that
this new feature would also permit entry to private emergency response vehicles, such
as AMR Ambulance, that provide services to the City. Currently, these service providers
are not permitted to have access to gated communities without permission from a
resident or other authorized individual. To address this concern, a condition of approval
has been included requiring the project HOA to permit access to private emergency
service providers through inclusion of an article in its CC&R's. The proposal also
includes "no parking" red striping near the proposed turn-around to increase visibility.
The Planning Commission has not reviewed the revised proposal. However, Staff finds
that the revised proposal adequately addresses the concerns of the Planning
Commission and other departments_ Therefore, Staff can now support the applicant's
proposal. Details regarding concerns with previous proposals are found in the attached
Planning Commission Staff Report and Minutes.
FISCAL IMPACT
None-
2
City Council Staff Report Page 3 of 3
November 7,2007
5.103a AMND PD310
aig . Ew g, AICP Thomas Wilsorf, Assistant City Manager
Dire Plannin e ices
David H. Ready, City Manger
Attachments:
1. Draft Resolution
2. Site Plan
3. Letter of Appeal, Via Escuela Land Partners, LLC, dated September 28, 2007
4. Planning Commission Minutes, dated September 26, 2007 (excerpt)
5. Planning Commission Staff Report, September 26, 2007
6. Planning Commission Minutes, September 12, 2007 (excerpt)
3
RESOLUTION NO
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING AN APPEAL
BY VIA ESCUELA LAND PARTNERS, LLC AND
OVERTURNING THE DECISION OF THE PLANNING
COMMISSION TO DENY AN AMENDMENT TO THE FINAL
DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT
DISTRICT 310 TO ALLOW INSTALLATION OF AN ENTRY
GATE AND TURN-AROUND AT 217 VIA ESCUELA, ZONE
PD310, SECTIONS 3.
WHEREAS, Via Escuela Land Partners, LLC. ("Applicant') has filed an application with
the City pursuant to Section 94.03.00(G) of the Palm Springs Zoning Code to amend
Planned Development District 310; and
WHEREAS, on July 13, 2005, the Planning Commission recommend approval of Case
No. 5.1038 PD-310 for Planned Development District 310 (PD-310) and Tentative Tract
Map 33542 (TTM 33542) to the City Council; and
WHEREAS, on September 7, 2005, the City Council approved Case No. 5.1038 PD-
310 for Planned Development District 310 (PD-310) and Tentative Tract Map 33542
(TTM 33542) to the City Council; and
WHEREAS, on April 26, 2006, the Planning Commission approved Case No. 5.1038
PD-310 for Final Development Plans for Planned Development District 310; and
WHEREAS, on September 26, 2007, a public meeting was held by the Planning
Commission in accordance with applicable law and after consideration of a staff report
denied the applicants request to amend Planned Development District 310; and
WHEREAS, on September 28, 2007, the applicant filed an appeal of the Planning
Commissions decision of September 26, 2007 to the City Council; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing 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:
SECTION 1. Pursuant to the California Environmental Quality Act (CEQA), the project
is Categorically Exempt from CEQA as a Section 15301 minor alteration
to an existing facility.
SECTION 2. The City Council finds that the amendment to the Final Development
4
Resolution No.
Page 2
Plans for Planned Development District 310 (PD-310) to allow installation
of an entry gate and turn-around does not affect the intent of PD-310.
Installation of the entry gate and turn-around will not affect the project's
ability to provide housing to the City that is harmonious and desirable for
the community. The project will continue to be consistent with the
General Plan by providing multiple-family housing in a mixed-use area
that will continue to be serviced by fully improved streets. The project will
provide increased safety to residents while providing adequate access to
emergency responders.
SECTION 3. Based upon the foregoing, the City Council hereby overturns the decision
of the Planning Commission and approves Case No_ 5.1038 AMND
PD310 to amend the final development plan for Planned Development
District 310 to allow installation of an entry gate and turn-around, subject
to the attached Conditions of Approval.
ADOPTED this 7th day of November, 2007.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
5
Resolution No.
Page 3
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
by the following vote-
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
6
CONDITIONS OF APPROVAL
CASE TTM33542
CASE 5.1038 PD310
VIA ESCUELA LAND PARTNERS, LLC
217 VIA ESCUELA
NOVEMBER 7, 2007
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.
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 TTM33542 — Tentative Tract Map and Case
5.1038— Planned Development District 310. 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.
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5.1038 PD310
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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
property 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 112% for
commercial projects or 1/4% for residential projects 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 and Zoning 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 fee shall be
collected by the Planning Services Department.
6. The Project will bring additional residents to the community. The City's
existing public safety and recreation services, including police protection,
criminal justice, fire protection and suppression, ambulance, paramedic,
and other safety services and recreation, library, cultural services are near
capacity. Accordingly, the City may determine to form a Community
Services District under the authority of Government C. Section 53311 et
seq, or other appropriate statutory or municipal authority. Developer
agrees to support the formation of such assessment district and shall
waive any right to protest, provided that the amount of such assessment
shall be established through appropriate study and shall not exceed $500
annually with a consumer price index escalator. The district shall be
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City Council
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5 1038 PD310
P2ge 3 of 16
formed prior to sale of any lots or a covenant agreement shall be recorded
against each parcel, permitting incorporation of the parcel in the district.
CC&R's
7. The applicant prior to issuance of building permits shall submit 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 approval of a final map. The CC&R's
shall be enforceable by the City, shall not be amended without City
approval, shall require maintenance of all properly in a good condition and
in accordance with all ordinances.
7a. The applicant shall include an article in the CC&R's permitting entry of
officially contracted, private emergency response providers officially when
responding to emergencies without need for permission from residents or
other authorized personnel.'
S. The applicant shall submit to the City of Palm Springs, a deposit in the
amount of $2,000, for the review of the CC&R's by the City Attorney. A
$250 filing fee shall also be paid to the City Planning Department for
administrative review purposes.
Cultural Resources
9. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's
Standards and Guidelines, shall be employed to survey the area for the
presence of cultural resources identifiable on the ground surface_
10. The project area has the possibility of buried resources_ A Native
American Monitor shall be present during all ground-disturbing activities.
a) Experience has shown that there is always a possibility of buried
cultural resources in a project area. Given that, a Native American
Monitor(s) shall be present during all ground disturbing activities
including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of
Cahuilla Indian Cultural Office for additional information on the use
and availability of Cultural Resource Monitors. Should buried
cultural deposits be encountered, the Monitor shall contact the
Director of Planning Services and after the consultation the Director
shall have the authority to halt destructive construction and shall
Added per City Council Resolution No. XXXXX,NovenxUer 7,2007
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City Council
November 7,2007
5,1038 PD310
Page 4 of 16
notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua
Caliente Cultural Resource Coordinator for approval.
b) Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations,
record search results and site records/updates shall be forwarded
to the Tribal Planning, Building, and Engineering Department and
one copy to the City Planning and Zoning Department prior to final
inspection.
Final Design
12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services,
Department of Public Works, and Department of Parks and Recreation,
prior to issuance of a building permit. Landscape plans shall be approved
by the Riverside County Agricultural Commissioners 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.
13_ 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 & Zoning prior to the issuance of
building permits. Manufacturer's cut 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
14. The Planned Development District approval shall be valid for a period of
two (2) years. Extensions of time may be granted by the Planning
Commission upon demonstration of good cause.
15. If the use of the subject property is ever changed, the City reserves the
right to modify or revoke this Tentative Tract Map and/or Planned
Development District application.
18_ 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 and Zoning for
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5.1038 PD310
Page 5 of 16
review and approval prior to the issuance of a building permit- Refer to
Chapter 8.60 of the Municipal Code for specific requirements.
17. 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.
18. 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-
19. 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.
20. All materials on the flat portions of the roof shall be earth tone in color.
21, All awnings shall be maintained and periodically cleaned.
22. All roof mounted mechanical equipment shall be screened from all
possible vantage points both existing and future per Section 9303.00 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.
22a. The optical preemption device installed near the entry gate shall be
architecturally compatible with the project perimeter wall and entry gate.
Elevations showing the entry gate, perimeter wall and optical preemption
device shall be submitted to the Planning Department for review and
approvaL2
23- 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.
24. Perimeter walls shall be designed, installed and maintained in compliance
with the corner cutback requirements as required in Section 9302.00.D.
25. 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.
2 Added per City Council Resolution No. XXXX,Novcmbcr 7, 2007
City Council
November 7,2007
5.1038 PD310
Page 6 of 16
26, The street address numbering/lettering shall not exceed eight inches in
height.
27. 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.
28. Submit plans meeting City standard for approval on the proposed trash
and recyclable materials enclosure prior to issuance of a building permit.
29. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
30. No sirens, outside paging or any type of signalization will be permitted,
except approved alarm systems.
31. No outside storage of any kind shall be permitted except as approved as a
part of the proposed plan.
32, Vehicles associated with the operation of the proposed development
Including company vehicles or employees vehicles shall not be permitted
to park off the proposed building site unless a parking management plan
has been approved.
33. 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. Electrical
transformers must be located toward the interior of the project maintaining
a sufficient distance from the frontage(s) of the project. Said
transformer(s) must be adequately and decoratively screened.
34. The applicant shall provide all tenants with Conditions of Approval of this
project.
35. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap
parking spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway
at the right side of the parking space and shall be designated as "van
accessible
36. Handicapped accessibility shall be indicated on the site plan to include the
location of handicapped parking spaces, the main entrance to the
proposed structure and the path of travel to the main entrance.
Consideration shall be given to potential difficulties with the handicapped
accessibility to the building due to the future grading plans for the
property.
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City Council
November 7,2007
5.1038 PD310
Page 7 of 10
37. Curbs shall be installed at a minimum of five (5) feet from face of walls,
fences, buildings, or other structures. Areas that are not part of the
maneuvering area shall have curbs placed at a minimum of two (2) feet
from the face of walls, fences or buildings adjoining driveways.
38. Parking lot light fixtures shall align with stall striping and shall be located
two to three feet from curb face_
39. Islands of not less than 9 feet in width with a minimum of 6 feet of planter
shall be provided every 10 parking spaces. Additional islands may be
necessary to comply with shading requirements.
40. Shading requirements for parking lot areas as set forth in Section 9306.00
of the zoning Ordinance shall be met. Details to be provided with final
landscape plan.
41, Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin
or elongated "U" design. Individual wheel stops shall be prohibited; a
continuous 6" barrier curb shall provide wheel stops.
42. Concrete walks with a minimum width of two (2) feet shall be installed
adjacent to end parking spaces or end spaces shall be increased to
eleven (11) feet wide.
43. Tree wells shall be provided within the parking lot and shall have a
planting area of six feet in diameter/width.
44. The development standards for the multiple-family residences are as
follows:
Multiple Family Residential —R-3
Required _ Proposed
Lot Area 20,000 s uare feet 68,424 square feet
Lot Width 140 feet 197 to 335 feet
Lot Depth 175 feet 232 to 291 feet
Density 34 units 1 unit/2,000 square feet 12 units
Building Wei ht 24 feet 23.5 feet
Front Yard 25 feet 30 feet, except 10
(Major Thoroughfare) architectural columns at
28.5 feet
Side Yard 24 feet along south eroperty line 10 feet`
20 feet along Via Escuela 16.5 feet"
Rear Yard 24 feet along west property line. 10.5 feet at building heig]ht
of 12 fleet
24 feet at building height
23.5 feet
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City Council
November 7,2007
5.1038 PD310
Page 8 of 16
Building Distance ^15 feet 10.5 to 13.5 feet*
Parking Requirements 24 covered 1 24 covered
3 quest parking 4211 guestparking�Eq
POLICE DEPARTMENT
45. Developer shall comply with Section II of Chapter 8.04 of the Palm
Springs Municipal Code.
BUILDING DEPARTMENT
46. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
47. Shall comply with all Fire Department codes and regulations
47a. Plot Plan: Prior to completion of the project, a 8.5'5(11"plot plan and an
electronic CAD version shall be provided to the fire department. This shall
clearly show all access points, fire hydrants, knox box locations, fire
department connections, unit identifiers, main electrical panel locations,
sprinkler riser and fire alarm locations. Large projects may require more
than one page.'
47b. Premises Identification: Approved numbers or addresses shall be
provided for all new and existing buildings in such a position as to be plainly
visible and legible from the street or road fronting the property. (901.4.4
CFC) Show location of address on plan elevation view, Show requirement
and dimensions of numbers in plan notes_ Numbers shall be a minimum 4
inches, and of contrasting color to the background. 5
47c. Access Gates: FirelPolice/Ambulance access gates shall be at least 14'in
width when in the open positron and equipped with a Knox (emergency
access) key switch. A Knox key operated switch shall be installed at every
automatic gate. Show location of switch on plan. Show requirement in plan
notes,e
47d. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require
an unobstructed vertical clearance of not less than 13 feet 6 inches. This
will include clearance from vegetation and trees. (902.2.2.1 CFC)7
a Modified per City Council Resolution No, XXXX,November 7,2007
4 Added per City Council Resolution No,XXXXX,November 7,2007
s Added per City Council Resolution No. XXXXX,November 7,2007
Added per City Council Resolution No. XXXXX,November 7,2007
7 Added per City Council Resolution No, XXXXX,November 7, 2007
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5.1038 PD310
Page 9 of 16
47e. Optical Preemption Device: the applicant shall install an optical
preemption device or devices as reviewed and approved by the Fire
Department to permit automatic entry through the entry gate of applicable
emergency response vehicles to project site.8
ENGINEERING DEPARTMENT
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance
with City standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
STREETS
48. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
49. Applicant shall obtain State permits and approval of plans for all work
done on State Highway 111. A copy of Caltrans requirements shall be
submitted to the City Engineer prior to the issuance of any grading or
building permits.
50. NORTH PALM CANYON DRIVE
51. Prior to issuance of occupancy permits, the applicant shall install a bus
shelter along the project's North Palm Canyon right-of-way at a location to
be determined by the City Engineer and in compliance with State and
Federal accessibility requirements. The design of the shelter shall
complement the project architecture and shall be reviewed by the Director
of Planning Services prior to installation. No turn-out shall be required.
52. Remove the existing curb returns at the northwest and southwest corners
of the intersection of North Palm Canyon Drive and Via Escuela and
construct new curb returns with spandrels in accordance with City of Palm
Springs Standard Drawing No. 206.
53, Construct a 6 feet wide cross-gutter across the west side of the
intersection of North Palm Canyon Drive at Via Escuela in accordance
with City of Palm Springs Standard Drawing No. 200.
54. Check the operation of the irrigation and electrical lighting system for the
existing palm trees located along the frontage of the property in
8 Added per City Council Resolution No. XXXXX,November 7,2007
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5.1038 PD310
Page 10 of 16
consultation with the Parks and Recreation Department, and make
necessary repairs as directed by the Director of Parks and Recreation.
55. All broken or off grade street improvements shall be repaired or replaced.
VIA ESCUELA
56. Construct a 24 feet wide driveway approach in accordance with City of
Palm Springs Standard Drawing No. 201. The centerline of the driveway
approach shall be located approximately 88 feet west of the east property
line as shown on the approved site plan.
g7 The r-�ti�i iRSuffilsien+ spaee is previAee.r sBFs:fe—tt'; fi-
arGuRd-fvehieles-Unable t .,ter the-p et 9
58. Construct an 8 feet wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No.
210.
59. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE
60. All on-site private driveways, drive aisles, parking areas and other
common access areas shall be constructed in accordance with the
approved site plan. All drive aisles shall have a 24 feet minimum width.
61. Construct curbs, curb and gutter, and cross-gutters as necessary to
accept and convey on-site stormwater runoff to on-site detention basins
and/or parkways, in accordance with applicable City Standards.
62, Construct a minimum pavement section of 2'/z inches asphalt concrete
pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, through the
full width of the travel way (a minimum of 24 feet wide excluding the gutter
at the centerline). 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.
63. Parking shall be prohibited along the private street except for designated
parking areas.
Deleted per City Council Resolution no.XXXXX,November 7,2007
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5.1038 PD310
Page 11 of 16
SANITARY SEWER
64. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
65. An on-site private sewer system shall collect sewage from the
development and connect to the public sewer system in North Palm
Canyon Drive. Sewer plans shall be submitted to the Engineering Division
for review and approval. Private on-site sewer mains shall conform to City
sewer design standards. A profile view of the on-site private sewer mains
are not necessary provided sufficient invert information is indicated on the
plan view, including elevations with conflicting utility lines. Connection of
the on-site private sewer system to the public sewer main shall be
connected as a lateral and not to an existing manhole or with a new
manhole. Plans for sewers other than the private mains, (i.e_ building
sewers and laterals from the buildings to the on-site private sewer mains),
are subject to review and approval by the Building Division.
66. All on-site sewer systems shall be privately maintained by a Home
Owners Association (HOA). Provisions for maintenance of the on-site
sewer system acceptable to the City Engineer shall be included in the
Covenants, Conditions and Restrictions (CC&R's) required for this project.
67. A minimum 10 feet wide easement for sewer purposes shall be reserved
on the final map for the benefit of the Home Owners Association across
the southeast corner of the property, within the area designated for Unit 7,
as necessary to facilitate construction of the on-site sewer system and
connection to the public sewer main in North Palm Canyon Drive.
GRADING
68. Submit a Precise Grading Plan prepared by a California registered Civil
Engineer or qualified Architect 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 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)
17
City Council
November 7,2007
5.1038 PD310
Page 12 of 16
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 Elio
Torrealba at AQMD at (909) 396-3752, or at etorrealba@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.
The first submittal of the 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 Site Plan; a
copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report.
69. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or
gutters.
70. A National Pollutant Discharge Elimination System (NPDES) stormwater
permit, issued from the California Regional Water Quality Control Board
(Phone No. 760-346-7491) is required for the proposed development. A
copy of the executed permit shall be provided to the City Engineer prior to
approval of a Grading Plan.
71. In accordance with City of Palm Springs Municipal Code, Section 8.50.025
(c), the developer shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre for mitigation measures for
erosion/blowsand relating to this property and development.
72. A soils report prepared by a California registered Geotechnical Engineer
shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the soils report shall be
submitted to the Building Department and to the Engineering Division prior
to approval of the Grading Plan.
73. 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_ The
18
City Council
November 7,2007
5.10$8 PD310
Page 13 of 16
California Department of Food and Agriculture office is located at 73-710
Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
74. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City
Engineer. For all stormwater runoff falling on the site, on-site retention or
other facilities approved by the City Engineer shall be required to contain
the increased stormwater runoff generated by the development of the
property. Provide a hydrology study to determine the volume of increased
stormwater runoff due to development of the site, and to determine
required stormwater runoff mitigation measures for the proposed
development. Final retention basin sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the
final hydrology study. No more than 40-50% of the street frontage
parkway/setback areas should be designed as retention basins. On-site
open space, in conjunction with dry wells and other subsurface drainage
solutions should be considered as alternatives to using landscaped
parkways for on-site retention.
75. 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 adjacent to North Palm Canyon Drive and Via
Escuela, and in only a stormwater runoff condition, pass runoff directly to
the streets through parkway or under sidewalk drains.
76. 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.
77. Easements for drainage purposes shall be reserved on the final map for
the benefit of the Home Owners Association across the southeast corner
of the property, within the area designated for Unit 7, as necessary to
facilitate construction of the on-site drainage system with overflow to North
Palm Canyon Drive.
GENERAL
78. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall
19
City Council
November 7,2007
5 1038 PD310
Page 14 of 16
be backfilled and repaired in accordance with City of Palm Springs
Standard Drawing No. 115.
79. All proposed utility lines shall be installed underground.
80. All existing utilities shall be shown on the grading plans. The existing and
proposed service laterals shall be shown from the main line to the property
line.
81. 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 certificate of occupancy. Any modifications or
changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction_
82. 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 Orders 95 and 128 of the
California Public Utilities Commission, and service requirements published
by the utilities. A detailed plan approved by the owner(s) of the affected
utilities depicting all above ground facilities in the area of the project to be
undergrounded, shall be submitted to the Engineering Division prior to
approval of any grading plan.
The existing overhead utilities across the west property line meet the
requirement to be installed underground. The developer is advised to
investigate the nature of these utilities, the availability of undergrounding
these utilities with respect to adjacent and off-site properties, and to
present its case for a waiver of the Municipal Code requirement, if
appropriate, to the Planning Commission and/or City Council as part of its
review and approval of this project.
If utility undergrounding is deferred in accordance with specific direction by
the Planning Commission and/or City Council, the record property owner
shall enter into a covenant agreeing to underground all of the existing
overhead utilities required by the Municipal Code in the future upon
request of the City of Palm Springs City Engineer at such time as deemed
necessary. The covenant shall be executed and notarized by the property
owner and submitted to the City Engineer prior to issuance of a grading
permit_ A current title report; or a copy of a current tax bill and a copy of a
vesting grant deed shall be provided to verify current property ownership_
20
City Council
November 7,2007
5.1038 PD310
Page 15 of 16
A covenant preparation fee of $135 shall be paid by the developer prior to
issuance of any grading or building permits.
83, Contact Whitewater Mutual Water Company to determine impacts to any
existing water lines and other facilities that may be located within the
property. Make appropriate arrangements to protect in place or relocate
any existing Whitewater Mutual Water Company facilities that are
impacted by the development. A letter of approval for relocated or
adjusted facilities from Whitewater Mutual Water Company shall be
submitted to the Engineering Division prior to issuance of a grading
permit.
84. Nothing shall be constructed or planted in the corner cut-off area of any
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.
85. 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 per City of Palm Springs Standard Drawing No_ 904_
MAP
86. 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 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.
87. Easements for sewer and drainage purposes shall be reserved on the final
map for the benefit of the Home Owners Association, as required by these
conditions.
TRAFFIC
88. All damaged, destroyed, or modified pavement legends and striping
associated with the proposed development shall be replaced as required
by the City Engineer prior to issuance of a Certificate of Occupancy.
89. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting
the development onto Via Escuela in accordance with City of Palm
Springs Standard Drawing Nos. 620-625.
21
City Council
Novernber7 2007
5.1038 PD310
Page 16 of 10
90. 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 1996, or subsequent additions in force at the time of
construction.
91. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
92. A fair share contribution for the installation of a future traffic signal at the
intersection of North Palm Canyon Drive and Via Escuela shall be made to
the City. The amount has determined by the City Engineer from data
provided in a traffic study prepared by George Dunn Engineering, revised
December 11, 2003, and using estimated peak hour traffic volumes
generated by the proposed development. The fair share contribution is
$572. Payment shall be made prior to approval of a final map_
22
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VIA ESCUELA LAND PARTNERS, LLC s-r—
September 26, 2007
Mr. Chris Brown
Planning Associate of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92264
RE: Proposed Entry Gate for TTM# 33542 located at the Tangerine
project at Via Escuela and Palm Canyon, Palm Springs, CA.
Dear Mr. Brown,
This letter is to request the ability to appeal the denial made by the
Planning Commission to install a pocket entry gate for TTM #33542
along the Via Escuela street frontage on September 26, 2007 case
#5.1038.
We thank you for considering and implementing our request. Should
you have any questions regarding these changes, please does not
hesitate to call us at 760-777-1444.
Respectfully submitted,
Mark A. Du Pont
Managing Officer
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24
City of Palm Springs
Planning Commission Minutes
of September 26, 2007
MISCELLANEOUS:
3. Case 5.1038 AMN❑ PD 310 (Tangerine) — A request by Via Escuela Land
Partners, LLC., for a use and standards amendment to Planned Development
District 310 to permit installation of a controlled entry gate and turn-around
located at 217 Via Escuela, Zone PD 310 (C-1), Section 3, APN: 504-310-036.
(Project Planner: Chris Brown, Contract Planner)
Commissioner Hutcheson stated his abstention on Item 3 and`would'not be participating
in the discussion and vote. He left the Council Chamber,at 1:44 p.m. Vice Chair
Hochanadel noted his abstention and would not be participating>in the discussion and
vote. He left the Council Chamber at 1 A4 p.m.
Chris Brown, Contract Planner, provided background information as outlined in the staff
report dated September 26, 2007.
-Skip Goodell, architect, stated the guest entrance has'been widened to 18 feet and the
landscaping has been enhanced. Mr. Goodell requeste'd,approval of the entry gate for
the safety of the homeowners.
-Mark Dupont, applicant, provided further-:details and emphasized the widening of the
entry gate.
-Charles Sachs, Palm Springs, voiced,.concer.,6' with-a.,•potential road hazard at the
nearby intersection due to-traffic slowing down'at the entry•gate.
Commissioner Caff yry entereflhe Council Chamber at 1:54 p.m.
Scott Ventura, Fire Division ,Chief-provided..'further details and indicated that a fire
engine would ':'be -11 feet- in the' right-of-way with the proposed entry gate and
recommended S24-hour man,,gated entrance or no gates.
Commissioner Scott noted,that he;:'is opposed to this request based on engineering
and fire safety concerns.
M/S/C (Scott/Ringlein, 4-0, 3 abstained Caffery, Hutcheson and Hochanadel) To deny
the applicant's request.
Commissioner Hutcheson and Vice Chair Hochanadel re-entered the Council Chamber
at 2:00 p.m.
PUBLIC HEARINGS-
4- Case 3.3033 and 3-3034 MAJ AMND — A request by Mario Berardi to change
previously approved Conditions of Approval to defer obligations to perform utility
undergrounding for a project comprised of two warehouse buildings located at
245 and 265 Radio Road, Zone M-1, Section 34, APNs: 669-444-002 and 003.
(Project Planner: Bryan Fernandez, Assistant Planner)-
3 25
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Rai PLANNING COMMISSION STAFF REPORT
Date: September 26, 2007
Application I.D.: Case 5.1038 AMND PD310
Application Type: Planned Development District Amendment
Location: 217 Via Escuela, "Tangerine"
Applicant: Via Escuela Land Partners, LLC.
APN: 604-310-036
Zoning: PD-310 (C-1/R-3)
General Plan Designation: H43121 High Density Residential 43 (21)
From: Christopher Brown, Contract Planner
DESCRIPTION
The applicant is requesting that the City amend the approved Final Development Plans of
Planned Development District 310 (Case No. 5.1038 PD-310). (Attachment 3) The
request includes:
• Installation of an entry gate with turn-around
Removal of one (1) guest parking space
• Removal of Engineering Condition of Approval No. 57
The entry gate would be installed at the project's only ingress/egress at Via Escuela.
(Attachments 4 and 5) The applicant requests that a guest parking space be removed to
allow for installation of 18 foot guest ingress with callbox. (Attachment 6) Resident ingress
and egress would continue through the approved 24 foot entryway.
RECOMMENDATION
That the Planning Commission deny the applicant's request to amend the Final
Development Plans of Planned Development District 310 to allow installation of an entry
21
Planning Commission Staff Report September 26,2007
Amendment to Final PD 3M Case No.5:..38 Page 2 of 4
gate and turn-around, removal of one (1) guest parking space and removal of Engineering
Condition of Approval No. 57.
PRIOR ACTIONS
Preliminary development plans for PD-310 were approved by City Council on
September 7, 2006 (Resolution No. 21387)_ Final development plans for PD-310 were
approved by the Planning Commission on April 26, 2006 (Resolution No. 5081)_ PD-310,
commonly know as "Tangerine", covers approximately 1.57 acres at the southwest corner
of Via Escuela and North Palm Canyon Drive and consists of 12 townhouses, landscaping
and guest parking.
The Architectural Advisory Committee (AAC) reviewed the project on August 20, 2007.
The AAC recommended denial of the requested amendment by a vote of 6-0. The
Committee cited previous safety concerns expressed about a gate at the project location
and the inability for larger vehicles to fit through the guest ingress.
The proposal was reviewed by the Development Review Committee (DRC) on August 14,
2007 and August 28, 2007. Engineering noted that there is not sufficient space near the
approved driveway to permit for the safe installation of a turn-around. Safety concerns
included vehicle stacking and visitors who need to back into traffic if they utilize the wrong
ingress.
The Planning Commission heard this item at its regular meeting of September 26, 2007,
The Commission requested that the item be continued to allow the Engineering and Fire
Departments an opportunity to review the revised plans that were submitted at the hearing.
The Planning, Engineering and Fire Departments reviewed the revised plan on September
17, 2007. In the revised plans, the applicant has extended the width of the guest to 18
feet. Additionally, the applicant has included signage to direct resident and guest traffic.
Engineering and Fire continue to express safety concerns_
ANALYSIS
Section 94.03.00(G) of the Palm Springs Zoning Code (PSZC) allows the Planning
Commission to modify the Final Development Plans of Planned Developments. The
Commission may approve minor architectural or site changes that do not affect the intent
of the PD. To summarize, the intent of PD-310 is to provide housing designed with high-
quality architecture, open space and distinctive landscape elements that is consistent with
the General Plan.
The proposal does affect the intent of PD-310. The intent of PD-310 is to be consistent
with the General Plan. However, the proposal is inconsistent with Policy 7,2,9 of the
General Plan which states:
27
Planning Commission Staff Report September 26,2007
Amendment l0 Final PD 310 Case No.5 �,.z;8 Page 3 of 4
Gated entries must provide adequate storage distance and turn-around
maneuvering area so as not to interfere with the safe and efficient operation
of the streets.
The proposal only includes enough storage for one vehicle. Additional vehicles that queue
at the guest ingress would obstruct the public right-of-way at the sidewalk and the street
(Via Escuela). Additionally, guests who enter at the residents' ingress would be required
to back out and into the street in order to re-enter through the guest ingress_ These
situations create potentially unsafe conditions on Via Escuela. In response to this
concern, the applicant is proposing to install signage at each entryway, indicating
residents and guest entry. Although this may reduce the number of users who utilize the
incorrect entrance, it does not address the issue of stacking.
The Fire Department has commented that fire engines will obstruct the public right-of-way
when responding to emergency calls. A fire engine will extend 11 feet into the public right-
of-way while opening the gate and a ladder engine will extend 21 feet into the public right-
of way.
Per the Palm Springs Zoning Code (PSZC), the project was required to provide three (3)
guest parking spaces prior to approval of PD-310. PD-310 requires the provision of twelve
(12) guest parking spaces. Removal of one (1) guest parking space would not affect the
intent of PD-310 as adequate guest parking would continue to be provided and the project
would continue to provide architectural significant housing that is consistent with the
General Plan. However, Staff cannot support removal of the guest parking space in
conjunction with the installation of the entry gate and turn-around.
Engineering Condition of Approval No. 57 states.-
The entry shall not be gated. insufficient space is provided for safe turn-
around of vehicles unable to enter the project.
This condition was imposed because the project does not provide a turn-around at the
approved entryway. The applicant has proposed a turn-around, however it has been
determined that there is not enough room for a turn-around to be safely installed, as noted
above. Therefore, removal of Engineering Condition of Approval No. 57 would not be
consistent with the intent of PD-310.
ENVIRONMENTAL ASSESSMENT
Pursuant to Section 15301 of the California Environmental Act (CEQA), the project is
Categorically Exempt from CEQA as a Class 1 minor alteration to an existing facility.
NOTIFICATION
Review of minor changes to a Final Development Plan does not require public notice per
Section 94.03.00(G) of the PSZC.
28
Planning Commission Staff eporl September 26,2007
Amendment to Final PO 0 Case No 5. ...i8 Page 4 of 4
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Contract Planner DirecfMbf Pla nrIServices
ATTACHMENTS
1. Draft Resolution
2. Vicinity Map
3. Approved Site Plan
4. Proposed Site Plan
5. Proposed Elevations
6. 'Proposed Turn-around Detail
29
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30
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA, DENYING
MINOR ARCHITECTURAL AMENDMENTS TO THE FINAL
DEVELOPMENT PLANS OF PLANNED DEVELOPMENT
DISTRICT 310 TO PERMIT INSTALLATION OF AN ENTRY
GATE AND TURN-AROUND, REMOVAL OF A GUEST
PARKING SPACE AND REMOVAL OF ENGINEERING
CONDITION OF APPROVAL NO. 57; LOCATED AT 217
VIA ESCUELA, ZONE PD-310, SECTION 3.
WHEREAS, Via Escuela land Partners, LLC. ("Applicant") has filed an application with
the City pursuant to Section 94.03.00(G) of the Palm Springs Zoning Code to amend
Planned Development District 310; and
WHEREAS, on July 13, 2005, the Planning Commission recommend approval of Case
No. 5.1038 PD-310 for Planned Development District 310 (PD-310) and Tentative Tract
Map 33542 (TTM 33542) to the City Council; and
WHEREAS, on September 7, 2005, the City Council approved Case No. 5.1038 PD-
310 for Planned Development District 310 (PD-310) and Tentative Tract Map 33542
(TTM 33542) to the City Council; and
WHEREAS, on April 26, 2006, the Planning Commission approved Case No. 5.1038
PD-310 for Final Development Plans for Planned Development District 310; and
WHEREAS, on September 26, 2007, a public meeting was held by the Planning
Commission in accordance with applicable law; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the projects, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the requirements of Section 94.03.00(G), the Planning
Commission finds that the amendment to the Final Development Plans for
Planned Development District 310 (PD-310) to permit installation of an
entry gate and turn-around, removal of one guest parking space and
removal of Engineering Condition of Approval No. 57 affects the intent of
PD-290.
The installation of the entry gate and turn-around that includes removal of
one guest parking space and removal of Engineering Condition No. 57 is
not consistent with General Plan Policy 7.2.9, which states "Gated entries
must provide adequate storage distance and turn-around maneuvering
area so as not to interfere with the safe and efficient operation of the
31
Planning Commission Resolution September 26, 2007
Case 5.1038 AMND P0310 Page 2 of 2
streets"_ Installation of the entry gate and turn-around will interfere with
the safe and efficient operation of Via Escuela_
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission finds that the amendment to the Final Development Plans for Planned
Development District 310 as approved by the Planning Commission on April 26, 2006
via Resolution No. 5081 does affect the intent of PD-310 and is hereby denied.
ADOPTED this 26th day of September, 2007.
AYES:
NOES:
ASSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Craig E. Ewing, AICP
Director of Planning Services
32
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---
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Entry Gate plan Ai,i.2
w
to
f
VIA ESCUELA
CANOPY TREE
10.0. 24'0' � r c o nsvxuns c
r— PALM TREE �— CANOPY TREE ,
j GUEST SIGN RESIDENCE SIGN112
7
' TAN GERI>`!Ej
I + I
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4 4'sides Ik ' + o N k i
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and
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o pener
Guest Parking
29
. meth u'-�_ --15'ale 14.6"wide gate
a 3
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curb geaund P�anter -
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- - _ newille Court
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',
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-- - 2 Gar Cara
Entry Gate Plan =� a
Scheme 3 r...-- .d LG-1
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W
61
VIA ESCUELA
CANOPY TREE
24' B
PALM TREE r— CANOPY TREE
'
GUEST SIGN RESIDENCE SIGN r-trrzz' 2'-trz'■r � r 7T�NC—E7FZINF�N oIN4'SidE !k a '
lectfOm[
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rye. G�Ts[Parking
axle
MI I
meth 4'-4"-�•. gate 14..6"wide ga Le 3 3 3 I
x
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- - - 'i'nngcrinc Court �i;,. •' --_ - - --
— Ii.2090 �rt xr u.rnw`
-_ — -- Model AJ
FFEs9taa' F odel:E -
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t
r
Entry Gate Ran FEW
Scheme 3 LG-1
VIA ESCUELA
- CANOPY TREE - -"f•
� 18,41 f 190, { 24.0• t�s nss,cimrn ,�
GUEST SIGN RESIDENCE SIGN ! Pn urREr CANOPY TREE
-'- TAN C;FKIf F
o F 4's+deN 1k �N - � IN ..� 1• _ -; _ _ —'�_ .. •t <<..
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40
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n '[`-'r'' 3'9'wide [e - -- —
- Ltd is$44T3 i cetrh'around'01an[eri w
4 :YIYY L1f[R4\
4..0. r zs•-O h• Lot 1212090
2 Car Garage �
Fre 591 33 yodel E +
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_-1 '� -
; -- 2 Car Garage
FFE SGO 31 ,
pip
�i ,
'... - Entry Gate Plan airy .F,w,
Scheme 3 L G.1
w
0 g
P
City of Palm Springs
Planning Commission Minutes
of September 12,2007
MISCELLANEOUS:
3. Case 5.1038 AMND PD 310 (Tangerine) - A request by Via Escuela
Land Partners, LLC. for a use and standards amendment to Planned
Development District 310 (PD 310) to pen-nit Installation of a
controlled entry gate and turn-around located at 217 Via Escuela,
Zone PD 310 (C-1), Section 3, APN: 504-310-036. (Project
Planner: Chris Brown, Contract Planner)
Commissioner Hutcheson noted his abstention and would not be participating in the
discussion and vote. He left the Council Chamber at 1:53 p.m.
Christopher Brown, Contract Planner, provided background information as outlined in
the staff report dated September 12, 2007. Mr. Brown noted engineering safety
concerns regarding the guest and resident entries.
Commissioner Ringlein requested engineering staff address the turnaround area for
delivery trucks. Marcus Fuller, Assistant Director of Public Works,
responded staffs concern is the tight space for the turn-around area.
Bob Teaford, applicant, stated he has verified with U.P.S. and the delivery trucks will
drive straight-through.
Elena Francio, TKD Landscape Architects, provided details on revisions made to the
entrance and the landscape.
The Commission discussed the entrance and traffic backing up onto Via Escuela.
Marcus Fuller noted the reduced driveway width would require approval from the fire
department. The Commission discussed a continuance pending review by the fire
department.
M/S/C (Caffery/Cohen, 6-0, 1 abstained/ Hutcheson) To continue, and resend to
Engineering and Fire department for further review.
Commissioner Hutcheson re-entered the Council Chamber at 2.07 p.m.
3 39
VIA ESCUEL4 LAND PARTNERS, LLC
September 26, 2007
Mr. Chris Brown
Planning Associate of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92264
RE. Proposed Entry Gate for TTM# 33542 located at the Tangerine
project at Via Escuela and Palm Canyon, Palm Springs, CA.
Dear Mr. Brown,
This letter is to request the ability to appeal the denial made by the
Planning Commission to install a pocket entry gate for TTM #33542
along the Via Escuela street frontage on September 26, 2007 case
#5.1038.
We thank you for considering and implementing our request. Should
you have any questions regarding these changes, please does not
hesitate to call us at 760-777-1444.
Respectfully submitted,
Mark A. Du Pont
n
Managing Officer o
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50-955 WASHINGTON ST.H2O4 La QUiNTA,CA 92253 P.760-777-1444 F:760-777-7611
40
CSTY Cr PALM
RrCt1T at: CF. •10C 01; 1
FpvGM: UiA u5:IELA LAK, 7�A
fOAA'f'S i+r+i='. 1CiC11i07
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DESCp!PTTUt+ AMOONT
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CUST In. AFFEAL TTiM 7542
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41
VIA ESCUELA LAND PARTNERS, LLC
CITY 0 PCL`➢SpRj?gC;
October 5, 2007 2007OCT I5 AM 10- 00
J10'IES THOr➢r"Soi.
Mr. Blake Goetz, CEM 'A-� /0467 CITY CtERX
Fire Chief of Palm Springs
300 N. El Cielo Road
Palm Springs, CA 92262
RE: Proposed Entry Gate for the Tangerine project located at Via Escuela and
Palm Canyon, Palm Springs, CA.
Dear Mr. Blake,
This letter is a follow up to our meeting on October 2, 2007 to further discuss an
installation of a pocket entry gate for Tangerine along Via Escuela.
Via Escuela Land Partners, LLC owners of the Tangerine project, suggest to
provide the fallowing Fire Department Options for Slide Gate Entry Systems:
I) Install two Knox boxes with key switches at entry gate wall and guest keypad.
II) Install 2-Strobe switch receivers set on one 10' pole.
Notes: A) Because of the length issue we will have both Strobe switch
receivers will be set up to match strobe lights for the Fire/Police
department vehicles entering Via Escuela from Palm Canyon and also
set for vehicles traveling east bound on Via Escuela towards Palm
Canyon.
B) One Strobe will angle to the west side of Via Escuela and the other
Strobe will face the eastside of Via Escuela. The Strobe signal will
send out a pyramid shape reading. The Strobes on the pole will
have the ability to go out 600' in length each, depending on the
intensity of emergency vehicle emitter. The field of view for each
Strobe at this point is 40 degrees by 60 degrees horizontal read.
Note: this is per the manufacturer Tovar's specifications. See
Attached literature,
50.855 WAS14INGTON ST.#2041a QT INTA,CA 92253 P:760-777-1444 F:760-777.7611
42
VIA ESCUELA LAND PARTNERS, LLC
C) This will allow the horizontal gates to start opening by the time
Emergency vehicle enter from Via Escuela. The slide gate system will
open at one foot per second for all entries and thus within nine
seconds the gate would have opened eighteen feet. Thus, allowing full
access for all emergency type vehicles immediately.
D) Via Escuela Land Partners, LLC are aware of only draw back to
this; specifically the private ambulance company called AMR. AMR also
operates with the same strobe set up and has the ability to open
gates. Nevertheless of that, Via Escuela Land Partners, LLC will insert
language into the recorded CC&Rs to mandate AMR to comply with the
City of Palm Springs entering policy. Currently, The City of Palm
Springs code is to not allow AMR to enter into any Homeowners
Association Property using Fire/Police Dept. strike access. By inserting
such language into the recorded CC&R's and the Purchase and Sale
Agreements should resolve any conflicts that still require AMR to call
any resident prior to entering past the entry/call gate.
ZIT) Power Outages:
Notes: A) Both slide gate systems will have DC2000 backup units to be
installed. This will allow the Fire and Police Department to enter
premises during a normal power outage.
B) When a normal power outage occurs; the battery backup units will
open gates and hold the "Open" position until normal power is fully
restored. When power resumes, gate operators go back to the
open/close function.
B) The normal battery life in the Desert is about 2-3 years. The
replacement is easy, similar to replacement a vehicle battery.
We thank you for considering and implementing our request. Should you have
any questions regarding these changes, please does not hesitate to call us at
760-777-1444 or760-900-8889.
ARespe Ily sub
0
Manager
50.855 WASHINGTON ST,#704 La QUINTA,CA 92253 P:760-777.1444 F:760-777-7611
43
MODEL 1790-1014--SYS STROBE SWITCH
ACCESS GATE AND DOOR OPERATOR
EMERGENCY VEHICLE OPTICAL CONTROL DEVICE
TOMAH
M INSTRUCTION SHEET
SAFETY NOTICES Mount the Shake Switch Ina location that will allow it t0 be aimed to Wow the
WARNING access roadway loading to the gate or door b be consmgep as shown In the
following oxamples:
Failem 10 follow all solely Precafkons and nstructiorts may result in Property
damage,sadow iQury,or death to you or others. "
SAFETY MESSAGE TO INSTALLERS,USERS, ` ,1 Host Roadway
AND MAINTENANCE PERSONNEL . ``hk
tr is important w 1ulow all Instmdwns shipped with this Pnwuct.This device Is
to be installed by a trained installar who is thaNaghly familiar with the .�`�k�Strobe Switch
national electrical code and local codes as wall. Area Coverage
The selection of the mounting location for the device. its controls and the p�g�Gate
nwNrt7 of the wiring is to be acoomplrshod under the direction of the facilitBS Strobe
onginwor,In ad0on,listed bolow am some other irrportannt safety instructions Switch
and prec wtions;you should follow: Example A shows the most common Strobe SWtch khstallad0n A single dotactor
• Road and undorstand all instructions bab re instal irg or operating thfs used to cover the d 6i don an amehgerwy whhkca is likely 10 apacriornent
proach from.
a
OO NOT comet tide device b the system when the tower is turned am
Ater installation,ensure that all waves and thread jo:ris am property B h ' j Host Roadway
Mbar�lion,last the system regularly b sour@ that it Is oporating
• A7urhstalation and tasting is cotrgleto,proddffnr copy dthis fnstruotim 5
Sfheat w all operating personnel.
PRODUCT DESCRIPTION ys Gate CarfDar
The-TOMAS Strube Switch Is an optical unvico which deleds the spacial
strobe Not signal that fire department emorgeri y vahides use to ommil Post
traffic rights an their way to an emergerwy.Most Ore department;use a 10 or In Llnwgite R there Is a cerhter post available far mounting(gran used vAM
14 Hz Optical signal and Ow 1790-1014-:SYS is pmgrammod b respond to a telspfpna or odheruliiry).The un t Is id mounted in iris case.
ether of these slardard fne"ncio&However,soma mur:cpaftiW may use
. ocher frequencies. Please verily the lregnenCy that your local emergency
service vehicle usosprlorto instating the unit.The Strobe Switch Is sealodand C
non-a4uslsbM.There are no replacemerrt Parts. F
INSTALLATION . .,
Ater un cift the equpm n4 examine itfar damage that may have oavnad jam''/(Jr ��•�'�•�s" ���`' •
in transit. It the equipment has been damaged, do not attempt to install or
Openala It Fie a claim hnmodiatety with the railer slating Ina ehdeet of fw
damage. Carefully check all enWkper, shipping lobes, 60 4tga befM
COOK& g ar destroying fiend.
Example C on"how mlliple t antic dnacuo"am catered by using two Strube
The 17W-1014-M consists of the blloMug components! Switch units Connected in paraNd and wtsd to a ski*power media.
1 eA.Modo11790-10144+7 Detector
1 ea.Mode117MA Flower Module The unit should bo mounted 6 to 10 fear abae the foodwayto got the best blew
1 emMOM 17110-14 Tosler of an approaching ornergenry vehioW. Position fine VA 80 it dOeSnt look
2 MOIR(i1N0 drecoy kilo the sun.Direct slmlipm rn t will not daagq the umll,but may Prwyert the Strobe Switch from whV an approaching halide.
The Modal 1790-1014--DET Detector Is dasignod for mounting on a 112'NP7
Pupa.It may be nstaled on gate posts.building wags or any place where pipe In all rmtancos, k9ep n mind that Strobe Fruiters and Strobe S idw are
mounting k rWred.N largarpips is used.a u>ror�tppfied reducer Is required. dnedidlal;they must be able to we each other without obstruction in order b
ensure proper operatdt
Mounting Hardware and hhsg]latlon datats are left b the Installer.
S. ELECTRICAL CONNECTIONS
60, Conned the flack and fused red Wads to a 24 VAC 5010 60 Nz power adore,
The Strobe Switch draws 5 Wafts urku mtnh and lea a SPOT relay COfaad
40. output rated 5 An" ressNwe at 120 VAC, which Is affable for Use in the
ow"dmuits Of most gate or door opener.
a W recon handed that the Strobe Swdo h normally open relay contact be
ucemciod rTiredy across the existing fire departnhent key switch canted 10
give N the same priority as Inc key Switch.Care Should be wren to ensure flat
Strobe Switch M Strobe Switch carrot be detested by radio opener m aensfng switch
Field of Yfew c halms
44
9 the confirmation LED in the Strobe Switch turns on when the tester is
operated, but the Strobe Switch fails to operate the gale or door being
INSTALLATION controlled,chock the wiring to file controller for integdty.
PICTORIAL VIEW
INSTALLATION IS NOW COMPLETE
STROBE,SWITCH SPECIFICATIONS
Termine(Ilm Range: 600 foot line of tight with TOMAS
�ace Wre Fumtshed By FAST-FLASH Emitter but depends an rie
Connections Gttkxnx
control(1� Intensity of the emergency chicle emitter
10l Field Of View: 40 degree vertical by 60 degree horizontaL
BCK
Signal Acquisitiat Time: 0.9 seconds
Ertonsi n Tubo To 24 V/C
Fumisheday Function Indicator. The unit has it red LED that ieutnhidet
i d.Customer whenever a proper optical signal Is recetfa
Furmlawd By The LED is visible through the vrewport and
can be seen kx 25 feet or mom.This feature
Cuammer POW can he used with the hand held taster t0
Poorer verily operation.
anhW
Module Froquenc„ 14A0 Hz to 14.10 Hz and
9.60 Hz to 9.70 Hz
Foaquency Detector: Sharp cutoff.crystal looked.digital bandpess
The Model 1790-0014-DET is mounted on a VV conduit fit", with the fitter.
terminal bnc SCMvViOg Comedy into fire Detadou:The lead wires Are fed W the terminal bolt Power Raquiremusris 24 VAC 60 to 60 Hz,9 Walls maxurKan
Installation cable is run from the 17WM Power Module, located in the gale Power Module Output Relay: SPOT rated 5 Amps resistive as 120 VAC
opener control ba4 dvaugh the extension tube and kdo the bofiorn of the °. 2 3/4' olio. X 3 3!B' taN with silo mounted
bar.Wire rail connectors are used to splice the Detector and Power
Module wims It,the cable wires. vlowporL
The terminal bat is screwed We the extension tune,and the terminal bar Dover Might: OA Ins.
is secured snugly onto the tonrinal box,taking care to seal the box with the Construction; The Strobe Switch endosure is black glass
rubber grommot provdad. minforoed texan, fully gasketed,seated and
Connections to the 1790M Power Module am made within the gam control bon suitable for outdoor oparat on. All electrical
W par the following,using customer:upp!W cable(Sae Detedow and Power circuery is potted in polyurethane for stability.
Module label for more Inkxmation): ST0017E SWITCH WARRANTY
Rad fused#1e AWG To 24 VAC TOMAR Rockonlo,IOC.warran ate product desated herein fora period tat
Black Ste To 24 VAC 2 years under normal use and se vice from the date of manufacture as marled
Orange M AWG To Orange wire firm Detector on the product, that the product will be free of dofects In matanaf and
Blue 4W AWG To Blue wia from Dewor warkmamslip.This warranty does not cover a7mary wear and tear, abuse,
Yallow#20 AWG To YONOw wire from Detector rnlsluse,overloading altered products, or damage caused by the ptm*aeer
connecting the unk to wrong voltage or polarity or lightning damage.
Yellow#IS Output Relay Cannlen
Red 1Re Output Relay Nomoity Closed THERE IS NO WARRANTY OF MERCHANTABILITY. THERE ARE NO
Blue*18 Output Relay Normally Open WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION HEREIN_
THERE ARE NO WARRANTIES EXPRESSED OR IMPLIED OR ANY
STROBE SWITCH OPERATION AFFIRMATION OF FACT OR REPRESENTATION EXCEPT AS SET FORTH
HEREIN_
Once the Strobe Switch is mounted,aimed and 24 VAC power is applied,It is
hilly Opatational.There are no adjustments of any land required.The only TOMAR Elechorics, Inc.'s sole msponsbflty and Kabllity, and pumhasere
maintenance required is to keep the sigh[tube dear of debris and the glass exduslw remedy shad be limited to the repair or replacement at TOMAR's
window dear. Option. of a part or parts to so conforming to the wamvnty.All products
requiring warranty service shall be rotumod to TOMAS within 2 years of
TESTING manufacture. shipping prepaid. TOMAR will return repalmd or replaced
The Shaba Swiloh may be tested for proper operation by using a portable products to the purchaser via prepaid ground transportation.In no event shell
TOMAR Strobe Swilet tester.The tester has a range of abed 1 toot and must TOMAS be liable for damages of any nature, including Incidentalw
be aimed directly Into the sight tube ofthe Strobe Switch.The Strobe Switch consequential damages, Including but not 9milod to arty damages reselling
has a Signal Confirmation light which Is visible In rho sigh tube and willIran noncorukxmitt defect in material or workmanship,
Illumine when a proper optical signal Is nw aivad by the&babe Sw#rin.
TROUBLE SHOOTING
If fine Strobe Switch falls 10 operate when tasted with a TOMAH Model 1760--14
Strobe Switch Teeter.check to make acre that the 9 Volt battery In the lasler It
good and that the LED on the taston balks on and off when the bution Is
pressed.
Check the faster on a known good Strobe Switch to verily its Operation. TOMAR Electronics Inc.
2100 West db9233
Gilbert,Arizona 85233
0 47 20 333133
ISOM REV FAX 49 •
800 686-6627
033199 E-mailsalesotomarcom TOMAR
twvw.tomarcom