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HomeMy WebLinkAbout7/30/2003 - STAFF REPORTS (5) DATE: July 30, 2003 TO: City Council FROM: Director of Planning and Zoning CASE 5.0958, PD - 78 (AMENDED) APPLICATION BY WORLD DEVELOPMENT TO CONSTRUCT 43 CONDOMINIUM UNITS TO COMPLETE THE CANYON HEIGHTS DEVELOPMENT LOCATED AT 2901 SOUTH PALM CANYON DRIVE WEST OF THE INTERSECTION OF MURRAY CANYON DRIVE AND SOUTH PALM CANYON DRIVE. ZONE PD - 78, SECTION 34. RECOMMENDATION The Planning Commission recommends that the City Council approve the amendment to PD - 78 for the construction of 43 condominium units and associated on and off-site improvements for the property located at 2901 South Palm Canyon Drive, Zone PD - 78, Section 34. The applicant is World Development. SUMMARY The Planning Commission at its July 9, 2003, meeting by a 5-1-1 vote, recommends approval of the project, subject to the conditions of approval (Exhibit A). One property owner who had received the notice of public hearing spoke at the meeting and expressed concern regarding the fencing of the project creating a lack of access to the Leiken Trail from the Canyon Heights home owner's condominiums. The Commission requested the addition of a condition of approval that would a include a pedestrian access gate for Canyon Heights home owners (see Condition of Approval #8 -c.) The Commission also requested the addition of a condition of approval to include a Design Review Committee recommendation lowering the height of the pool facilities structure roof to create the least obtrusive profile as possible (see Condition of Approval #6). One Planning Commission member voted no due to proposed building height caused by increasing plate heights from eight (8) feet to nine (9) feet. BACKGROUND World Development has submitted an application to construct 43 condominium units including associated on and off-site improvements for the property located at 2901 South Palm Canyon Drive, Zone PD - 78, Section 34. The project site is located on Lot 3 of a three lot subdivision, Tract Map No. 10527. The Tract Map does not need to be changed. Lot 3 is currently vacant and consists of 11.33 acres. Lots 1 and 2 of Tract Map No. 10527 have been previously developed as Phase 1 of the Canyon Heights development. That project was entitled in 1977 under PD - 78 to construct ninety (93) multi-family units. Fifty units were constructed. The current development plan proposes to build out this and the final phase with the construction of the additional forty-three (43) units. In order to accommodate modifications to the original design, the placement of the building pads for construction varies from the original approval. Consequently, an amendment to Planned Development District 78 is necessary. January 19, 1994, the Canyon Park Resort and Spa Resort Specific Plan No. 1 Amendment entitled the Canyon Heights (Planning Area 16) to 93 multi-family units. The Canyon South Specific Plan (Amendment to Canyon Park Specific Plan, #1) approved July 16, 2003, Planning lv� Area #3 provides for ninety-three (93) units on the subject property. This current development proposal is consistent with the findings of the Canyon South Specific Plan, completing the build out of Planning Area 3. The zoning for PD - 78 is Specific Plan #1. The density proposed for Lot 3 is 4 units per acre. Due to topography of the site that includes major rock outcropping and steep undevelopable hillside, only approximately 6.78 acres can be developed. The original PD - 78 was approved November 2, 1977, for a large scale Planned Development District allowing for the construction of a 347 unit residential condominium project. PD - 78 was based upon an original entitlement from PD - 39 approving a 120 acre site in 1972. Phase one of the PD - 78 project consisted of grading the site for 93 multi-family units and providing the utility and street infrastructure to support Phase 1. This development proposes to build out, with a minimum of additional grading, the previously approved ninety-three units only. The balance of PD -78 has not been acted upon and is no longer part of this request. It is under separate ownership. ANALYSIS As indicated previously, densities are based on prior approval of PD - 78. The following table illustrates the site area and percent to total project area devoted to building, paving and open space/recreation area: Area/Sq. Ft. % of Total Project Area Site Area 492,228 100 % Building Coverage 135,396 27.5 % Paving (streets & drives) 34,353 6.9 % Open space, landscaping and recreation area 322,479 65.6 % Adjacent zone designation and uses are as follows: City Zoning Use North 0-20 (Open land - Vacant land minimum 20 acres) South W-R-1-A (Wash - Vacant land single-family residential) East R-3 (north) Condominiums north of Murray Canyon Road and Golf (Multiple-family Course south of Murray Canyon Road residential and hotel) and R-2 (south) limited multiple-family residential) West W-R-1-A (Wash - Vacant land single-family residential) and O - 20 (Open land - minimum 20 acres) The project consists of four models. The units are configured as five single units, sixteen two- unit complexes and two three-unit complexes. The following chart indicates number of units, number of bedroom and baths per unit, square footage, and height. Model Type Number of Units Bedrm/Bath#'s Square Footage Height #A- Manzanita 12 2 bdr/2 bath 2,146 sq. ft. 19, #B - Paloma 11 3 bdr/ 3 bath 2,234 sq. ft. 20' #C -Acacia 10 3 bdr/3 bath 2,343 sq. ft. 16' 2" #D - Mariposa 10 3 bdr/3 bath 2,657 sq. ft. 27' One model, #D - Mariposa, is a two story unit. Model #D is represented in five two-unit complexes comprising 5,314 square feet each. The largest single building is a tri-plex consisting of two model #C's and one model #B representing 6,920 square feet. It is also a single story complex. The applicant has indicated that the units will be sold at approximately $390,000 - $470,000 each. The project is currently gated with one entry on South Palm Canyon Road. The massing and scale of the buildings has been varied throughout the site design in order to achieve a variety of heights and the least significant impact on existing view corridors as possible. The Canyon Heights Homeowners Association has expressed full support of the project in written documentation. Amenities to the proposed development include a picnic and barbeque area at the southwest corner of the project and a pool/spa and restroom facility on the western edge of the development. The development team has taken steps to insure that the pool will not intrude on a rock outcropping on the site but instead wrap around the outcropping integrating into the desert scape. At the July 7, 2003, Design Review Committee meeting the Committee recommended that the pool facilities building roof line be low profile, having the least visual impact on the surrounding topography as possible. (See Condition of Approval#6.) The City of Palm Springs Design Review Committee reviewed the site plan, architectural elevations and landscape plan at the April 21, 2203, meeting. The Committee unconditionally approved the architectural elevations. The Committee requested that the perimeter fence be constructed of wrought iron and the height to be six feet. The Committee's recommendations have been included as a Condition of Approval, Exhibit A. (See Condition of Approval # 8.) Planning Commission has reviewed the fencing proposal. Due to the steep slopes adjacent to the north and north/northwest of the proposed construction area, Planning Commission recommends that fencing should not be constructed along that perimeter. If the proximity of Bighorn sheep become an issue for the safety of the sheep and the residents of the proposed &A3 project, Planning Commission includes a condition of approval to replace the six (6) foot wrought iron fence with an eight (8) foot sheep fence and continue the fence along the north/northwest and north building perimeter. (See Conditions of Approval#8 and #13b.) Planning staff recommends that all the undeveloped hillside be maintained as permanent open space and that no improvements of any type shall be permitted on the undeveloped hillsides for the life of this project. The previously approved Planned Development District 78 included site plans calling for sensitive development of the project taking into account the hillsides and natural outcroppings of rock on the site. The proposed project complies with the prior approval in that regard. Planning staff has included a condition of approval requesting the codes, covenants and restrictions of this project include a provision that maintains and protects the hillside habitat and open space. (See Condition of Approval 13c.) The developer intends to develop the project in two phases. The first phase will consist of eighteen (18) units and the pool area on the northern third of Lot 3. The second phase will proceed with the development of the remaining twenty-five (25) units. Access to the subject property will be from the existing gated entry on South Palm Canyon Drive. The existing interior street alignment shall be maintained as built. The modification to the original PD 78 approval consists of vacation of the previously approved cul-de-sac private streets, lettered lots "D", "E", "F" and "G", radiating from the interior circular drive and creating new straight aligned streets to access the new units proposed. The placement of the new streets will adjoin the existing circular interior street of the Canyon Heights project at the same locations as previously approved. The City of Palm Springs Engineering staff has drafted Conditions of Approval to address the proposed private street changes to Tract Map 10527 and the easements associated with the prior lettered lots. (See Engineering Conditions of Approval numbers 7, 8 and 9.) Engineering staff is also conditioning the proposed project to include street improvements on South Palm Canyon Drive from the end of the existing curb return at Canyon Heights Drive (the entrance to the project) to the centerline of Murray Canyon Drive. Covered parking is provided on site with a two-car garage for every unit. Thirty guest parking spaces are provided. The following parking table indicates requirements by City of Palm Springs Zoning Ordinance in comparison with the proposed parking. Number of Condo Number of Guest Total Number of Number of Spaces Spaces Required Spaces Required Spaces Required Provided 88 22 110 116 Upon review, the City of Palm Springs Police, Fire and Building Departments have also included comments or conditions of approval for the project. ENVIRONMENTAL ASSESSMENT AND NOTIFICATION The project has previously been reviewed for compliance with the California Environmental Quality Act (CEQA). The original project's Environmental Impact Report was previously assessed and approved by the City of Palm Springs City Council. This project is the completion of Phase 1 of that project. This project is deemed to be consistent with the previously approved Canyon Park Resort and Spa Resort Specific Plan No. 1 Amendment and the Canyon South Specific Plan (Amendment to Canyon Park Specific Plan, #1) being currently reviewed by the City of Palm Springs. It is consistent with the Specific Plan's Environmental Impact Report, Environmental Assessment and Addendum Environmental Impact Report. No further CEQA documental is required. All property owners within a 400 foot radius of the project have been notified. Staff has received one inquiry and a very positive response to the proposed development. Staff has on file a letter from the Canyon Heights Home Owners Association expressing full support for the project. f r4l" Director o, lanning and Zoning City Manager ATTACHMENTS 1. Vicinity Map 2. Planning Commission Minutes from July 9, 2003 3. Resolution 4. Exhibit A/Conditions of Approval NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS PD - 78 Amendment 2901 South Palm Canyon Drive NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 30,2003.The City Council meeting begins at 7:OOp.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider PD-78(Amended), an application for amendment to PD -78 by World Development to construct 43 condominium units on 11.33 acres including on and off- site improvements to complete Phase 1 of the Canyon Heights development located at 2901 South Palm Canyon Drive. Phase 1 of the Canyon Heights development was entitled in 1977 to construct ninety-three (93) multi-family units. Fifty were constructed. The project will consist of five single units, sixteen two- unit complexes and two three-unit complexes incorporating a choice of four models. The current plan proposes to build out this and the final phase with the construction of the additional entitled forty-three(43)units. Dwelling units will be 2,146 square feet to 2,657 square feet. One of the four models will have a two-story component of twenty-seven (27) feet. In order to accommodate modifications to the original design,the placement of the building pads for construction varies from the original approval. Consequently, an amendment to Planned Development District 78 is necessary. An Environmental Assessment has been previously approved by City Council in the approval of PD- 78. Additionally, the Final Environmental Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan#1 that includes the Canyon Heights development project area, that was certified and adopted on July 19, 1994, is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. If any group challenges the action in court, issues raised may be limited to only those issues raised at.the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Kathy Marx, Associate Planner at (760) 323-8245. PATRICIA A. SANDERS Publish: The Desert Sun City Clerk 7-19-03 � Vl�II�II TY MAP LOT 3 Murray canyon Drive L ' a c 0 U E �s 0- 0 m CITY OF PALM SPRINGS CASE NO. 5.0958 Amend PD - 78 DESCRIP1I0N Application for the APPLICANT construction of 43 condo units to WORLD DEVELOPMENT complete Phase 1 of Canyon Heights AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) I,the undersigned,say: I am and was at all times herein mentioned,a citizen of the United States and employed in the County of Riverside, over the age of eighteen years, and not a parry to the within action or proceeding; that my business address is 3200 E. Tahquitz Canyon Drive, Palm Springs, California; that on the 24th day of June, 2003, 1 served the within NOTICE OF PUBLIC HEARING for PLANNING COMMISSION CASE NO. 5.0958-PD-78 to consider a major architectural approval application and an amendment to Planned Development 78 and Tract Map 10527 by World Development to construct 43 condominium units to complete Phase 1 of the Canyon Heights development at 2901 South Palm Canyon Drive west of the intersection of Murray Canyon Drive and South Palm Canyon Drive. An amendment to Planned Development District 78 and Tract Map 10527 is proposed due to the change in the configuration of the allowable number of units originally approved in PD 78. Phase 1 of the Canyon Heights development was entitled in 1977 to construct 90 multi-family units. First units were constructed. The current plan proposes to build out this and the final phase with the construction of the additional 43 units. The placement of the pads for construction varies from the original approval. This Notice was served on persons contained in Exhibit "A" attached hereto in said action or proceeding by depositing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in a mailbox, sub-post office, substation or mail chute, or other like facility, regularly maintained by the Government of the United States in the City of Palm Springs, California, addressed to the list of persons or firms indicated on the report received June 24, 2003 from and certified by the City's Planning Technician, and attached hereto as Exhibit"A". I hereby declare under penalty of perjury that the foregoing is true and correct. Low r�Moffett � Dated at Palm Springs, California, this 24'h June, 2003. NOTICE OF PLANNING COMMISSION MEETING CITY OF PALM SPRINGS Case No. 5.0958 - PD- 78 and TM 10527 2901 South Palm Cnayon Drive NOTICE IS HEREBY GIVEN that the Planning Commission of the Cityof Palm Springs, California, will hold a public hearing at its meeting of July 9, 2003. The Planning Commission meeting begins at 1:30 p.m.(public hearings start at 2:00 p.m.) in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider Case 5.0958, a major architectural approval application, and an amendment to Planned Development 78 and Tract Map 10527, by World Development to construct 43 condominium units to complete Phase 1 of the Canyon Heights development located at 2901 South Palm Canyon Drive west of the intersection of Murray Canyon Drive and South Palm Canyon Drive. An amendment to Planned Development District 78 and Tract Map 10527 is proposed due to the change in the configuration of the allowable number of units originally approved in PD 78. Phase 1 of the Canyon Heights development was entitled in 1977 to construct ninety (90) multi-family units. Fifty units were constructed. The current plan proposes to build out this and the final phase with the construction of the additional forty-three (43) units. The placement of the pads for construction varies from the original approval. An Environmental Assessment has been previously prepared during the original entitlement process. A draft Mitigated Negative Declaration of Environmental Impact was determined for the subject proposal. Members of the public may view this document in the Department of Planning and Zoning, City Hall, 3200 E.Tahquitz Canyon Way, Palm Springs,and submit written comments at or prior to, the Planning Commission hearing. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Kathy Marx, Associate Planner, (760) 323-8245. PLANNING COMMISSION A x/ - DOUGLAS R. EVANS Director of Planning and Zoning Public Hearing Notices Notification Information for Planning Commission Hearing on July 9, 2003 Case No. 5.0958-PD-78 Applicant Name: World Development 44-600 Village Court Palm Desert, CA 92260 Project Location & 2901 South Palm Canyon Drive Planned development amendment to build 43 condo units Description: Zone PD 78, Section 34. Assigned Planner: Kathy Marx, Associate Planner Labels Prepared by: Yoav Shernock, Planning Technician Certification to City Clerk Date: June 25, 2003 Property Owners / Groups / Date Notices Number of Notices Organizations Mailed Mailed Applicant/Sponsors June 24, 2003 1 Property Owners: Land Owner(master lessor) June 24, 2003 58 Master Lessor(sub-lessor) Sub-lessee (unit owner) Indian Land Owners N/A Neighborhood Coalition 9 Homeowners Association N/A ONIPP N/A Agua Caliente Band of June 24, 2003 1 Cahuilla Indians Rep City Rep for Verification June 24, 2003 1 TOTAL NUMBER MAILED: 70 513 541 029 513 541030 513 541031 Natbeck Inv&Neil Goodhue Natbeck Inv&Carl Marusak Natbeck Inv&Kenneth Mitch 300 Hillside Ave 201 S Mission Dr 925 17th St#4 Piedmont,CA 94611 San Gabriel, CA 91776 Santa Monica, CA 90403 513 541 032 513 541033 513 541034 Natbeck Inv&Stephan Plager Nat Beck Inv&Kenneth Mitch Natbeck Inv&Robert Debnam 235 4th Ave 219 Canyon Cir N 1334 NE Mayfield Santa Cruz, CA 95062 Palm Springs, CA 92264 Portland,OR 97229 513 541 035 513 541036 513 541037 Manuel Mares Shirley Engleman Natbeck Inv&Thomas Mark Trelak 231 Canyon Cir N 233 Canyon Cir N 235 Canyon Cir N Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 513 541 038 513 541039 513 541040 M J Playan Albert&Marion Carpenter Natbeck Inv&Lee Brandenburg 2870 N Andalucia Ct 239 Canyon Cir N#81 1122 Willow St#200 Palm Springs, CA 92264 Palm Springs, CA 92264 San Jose, CA 95125 513 541 041 513 541042 513 541 043 Frank Bustillos Yale&Ethie Rutzick Natbeck Inv&Shirley Dec Kubly 1970 Fell St 1649 Beechwood Ave 1112 7th Ave San Francisco,CA 94117 Saint Paul,MN 55116 Monroe, WI 53566 513 541 044 513 541045 513 541046 Gene Schreiber Natbeck Inv&Carolyn Nevotti Natbeck Inv&Hannah Sobel 8491 Fountain Ave#Jl 234 Canyon Cir S 230 Canyon Cir S West Hollywood, CA 90069 Palm Springs, CA 92264 Palm Springs, CA 92264 513 542 001 513 542 002 513 542 003 Sherry Ann Scherotter Natbeck Inv Suzanne Reynolds PO Box 2224 PO Box 1906 2917 Cervantes Ct Palm Springs, CA 92263 Palm Springs, CA 92263 Palm Springs, CA 92264 513 542 004 513 542 005 513 542 006 Natbeck Inv&Brian Catalde Inv King Jennifer J&Jennifer Inte King Natbeck Inv&Phillip Rose 901 E Tahquitz Canyon Way#100 12711 Ventura Blvd#480 2910 Cervantes Ct Palm Springs, CA 92262 Studio City, CA 91604 Palm Springs, CA 92264 513 542 007 513 570 001 513 570 006 Natbeck Inv&Bank Of America Natl Mra Funding Corp Cerciello Aldo&Manuela 333 S Beaudry Ave#21ST 1444 S Alpine Dr 5075 Shoreham P1#150 Los Angeles, CA 90017 West Covina,CA 91791 San Diego, CA 92122 513570011 513 570 016 Sou Palm Cyn Hoa Ridge Philip Bloom&John Derocco 155 N Blue Canyon Rd 11400 W Olympic Blvd#9TH Palm Springs, CA 92264 Los Angeles, CA 90064 c 513 460 001 513 540 003 513 541001 Jerry Ganz&Canyon Dev Wdi Land Holdings Llc Natbeck Inv&Canyon Heights Assoc 175 E Delaware PI#9109 44600 Village Ct 1158 State St#M4 Chicago,IL 60611 Palm Desert, CA 92260 San Diego, CA 92101 513 541 002 513 541003 513 54 04 Natbeck Inv&Harold Miller Natbeck Inv&David Fringer Natbeck In old Miller 333 E Channel St#2ND 2884 N Andalucia Ct 333 E C St#2ND Stockton, CA 95202 Palm Springs, CA 92264 Stoc n, CA 95202 513 541 005 513 541 006 513 541007 Sather Karen Natbeck Inv&W Theodore Clark Natbeck Inv&Petka Pramatmov 3073 Ceylon Rd 9307 S Glendora Dr PO Box 3094 Costa Mesa, CA 92626 Spokane,WA 99223 Clifton,NJ 07012 513 541 008 513 541009 513 541 010 Maryann Ahlgren Natbeck Inv&David Witt Natbeck&Alvin Rudd 68733 Perez Rd#C-11 2852 N Andalucia Ct 2850 N Andalucia Ct Cathedral City,CA 92234 Palm Springs, CA 92264 Palm Springs, CA 92264 513 541 011 513 541 012 513 541013 Natbeck Inv&Betsy Hammes Benneth&Suzy Katz Natheck Inv&Tanya Grubich 2851 N Andalucia Ct 1150 Sacramento St 100 S Sunrise Way#487 Palm Springs, CA 92264 San Francisco, CA 94108 Palm Springs, CA 92262 513 541014 513 541 015 513 541016 Donn Fry&Diane Stielstra Natbeck Inv&Leota Leake Natbeck Inv&Michael Shulimson 2873 N Andalucia Ct 2885 N Andalucia Ct 33397 Mulholland Hwy Palm Springs, CA 92264 Palm Springs, CA 92264 Malibu, CA 90265 513 541017 513 541018 513 541 019 Natbeck Inv&Ferro Ti&Alloys In Natbeck Inc&Gordon Leake William&Donna Randle 17 Connaught Sq W22bj 212 Canyon Cir N 96 Stumplield Rd LONDON Palm Springs, CA 92264 Kensington,NH 03833 UNITED KINGDOM 513 541020 513 541 021 513 541022 Albert Yunker Jr. Violet Jurgich Natheck Inv&Mary Williamson 2882 N Greco Ct 200 Beach PI#404 271 Murray Dr Palm Springs,CA 92264 Edmonds, WA 98020 El Cajon, CA 92020 513 541023 513 541024 513 541025 Evelyn Alexandre Natbeck Inv&Albert Neal Simmons Natbeck Inv&Larry Mather 1850 Gough St#604 100 S Sunrise Way#429 2927 Canyon Cir S San Francisco,CA 94109 Palm Springs, CA 92262 Palm Springs, CA 92264 513 541026 513 541 027 513 5.41028 Donald Peterson Natbeck Inv&John Ivanoff Natbeck Inv&June Simmons 2952 Canyon Cir S 4024 12th St 500 W Crescent Dr Palm Springs, CA 92264 Riverside, CA 92501 Palm Springs, CA 92262 n_� Neighborhood Coalition List MR PETER DIXON MR BILL DAVIS AND Case 5.0958-PD-78 431 SOUTH MONTE VISTA DRIVE MS TRISHA DAVIS Applicant: World Development PALM SPRINGS CA 92262 227 SOUTH CAHUILLA P.C. Hearing for July9,m 2003 PALM SPRINGS CA 92262 MR FRANK TYSEN MR JOHN HURTER MR BOB WEITHORN C/O CASA CODY COUNTRY INN PO BOX 2824 261 SOUTH BELARDO ROAD 175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92263-2824 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR TIM HOHMEIER MR BOB SEALE MR PHIL TEDESCO 1387 CALLE DE MARIA 280 CAMINO SUR 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF AGUA CAUENTE BAND OF 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS =J-J =�-D-J =J CAHUILLA INDIANS PALM SPRINGS CA 92262 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 CITY OF PALM SPRINGS VERIFICATION NOTICE-J=J-J PLANNING &ZONING DEPT ATTN: SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 SPONSORS -o WORLD DEVELOPMENT 44-600 VILLAGE COURT PALM DESERT CA 92260 !♦LM s,^ O4 R N City of Palm Springs ^- Department of Planning &Zoning O�LIFO0.N�* MEMORANDUM Date: June 24, 2003 From: Yoav Shernock Planning Technician Subject: Mailing Labels for Notice of Public Hearing, July 9, 2003 Planning Commission Case No. 5.0958-PD-78 Canyon Heights/World Development This is to certify that the attached labels were created on June 24, 2003 using the most current information available. To the best of my knowledge, the labels are complete and accurate. Yoav ernock, Nanning Technician June 24, 2003 :Idm AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs, in conjunction with Case No. 5.0958 Amend PD-78,application for the construction of 43 condo units to complete Phase 1 of Canyon Heights, located at 2901 South Palm Canyon Drive, applicant,World Development,was mailed to each and every person on the attached list on the 181h day of July, 2003. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope,with postage prepaid,and depositing same in the U.S. Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 18th day of July, 2003. PATRICIA A. SANDERS City Clerk l ` `s.f�vb2r- NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS PD-78 Amendment 2901 South Palm Canyon Drive NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of July 30, 2003.The City Council meeting begins at 7:00p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider PD-78(Amended),an application for amendment to PD -78 by World Development to construct 43 condominium units on 11.33 acres including on and off- site improvements to complete Phase 1 of the Canyon Heights development located at 2901 South Palm Canyon Drive. Phase 1 of the Canyon Heights development was entitled in 1977 to construct ninety-three (93) multi-family units. Fifty were constructed. The project will consist of five single units, sixteen two- unit complexes and two three-unit complexes incorporating a choice of four models. The current plan proposes to build out this and the final phase with the construction of the additional entitled forty-three(43)units. Dwelling units will be 2,146 square feet to 2,657 square feet. One of the four models will have a two-story component of twenty-seven (27) feet. In order to accommodate modifications to the original design,the placement of the building pads for construction varies from the original approval. Consequently, an amendment to Planned Development District 78 is necessary. An Environmental Assessment has been previously approved by City Council in the approval of PD- 78. Additionally, the Final Environmental Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan#1 that includes the Canyon Heights development project area,that was certified and adopted on July 19, 1994, is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. If any group challenges the action in court, issues raised may be limited to only those issues raised at.the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Kathy Marx, Associate Planner at (760) 323-8245. PATRICIA A. SANDERS Publish: The Desert Sun City Clerk 7A 9-03 i t VICINITY MAP LOT 3 Murray CanYOn Drive •L n c 0 7+ V E 0. w 7 0 N CITY OF PALM SPRINGS 5,0958 Amend PD - 78 DEScRiPTION Application for the CASE O construction of 43 condo units to APPL_ Q NT complete Phase i of Canyon Heights WORLD DEVELOPMENT Neighborhood Coalition List i MR PETER DIXON MR BILL DAVIS AND Case 5.0958-PD-78 431 SOUTH MONTE VISTA DRIVE MS TRISHA DAVIS A Ilcant: World Develo meet PALM SPRINGS CA 92262 227 SOUTH CAHUILLA pp p PALM SPRINGS CA 92262 MR FRANK TYSEN MR JOHN HURTER MR BOB WEITHORN C/O CASA CODY COUNTRY INN PO BOX 2824 261 SOUTH BELARDO ROAD 175 SOUTH CAHUILLA ROAD PALM SPRINGS CA 92263-2824 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 MR TIM HOHMEIER MR BOB SEALE MR PHIL TEDESCO 1387 CALLE DE MARIA 280 CAMINO SUR 1303 WEST PRIMAVERA DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 'I I� MR MARSHALL ROATH MS MARGARET PARK MS SHERYL HAMLIN AGUA CALIENTE BAND OF AGUA CALIENTE BAND OF 565 WEST SANTA ROSA DRIVE CAHUILLA INDIANS =D=D-D-0--D -D CAHUILLA INDIANS PALM SPRINGS CA 92262 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 l CITY OF PALM SPRINGS VERIFICATION NOTICE =0-0=D PLANNING &ZONING DEPT ATTN: SENIOR SECRETARY PO BOX 2743 PALM SPRINGS CA 92263-2743 SPONSORS =D J �J -0 WORLD DEVELOPMENT 44-600 VILLAGE COURT PALM DESERT CA 92260 f f i I ' 513 541029 513 541030 513 541031 Natbeck Inv&Neil Goodhue Natbeck Inv&Carl Marnsak Natheck Inv&Kenneth Mitch 300 Hillside Ave 201 S Mission Dr 925 17th St#4 Piedmont, CA 94611 San Gabriel, CA 91776 Santa Monica,CA 90403 II I 513 541032 513 541033 513 541034 Natbeck Inv&Stephan Plager Nat Beck Inv&Kenneth Mirch Natbeck Inv&Robert Debnam 235 4th Ave 219 Canyon Cir N 1334 NE Mayfield Santa Cruz,CA 95062 Palm Springs, CA 92264 Portland,OR 97229 513 541035 513 541036 513 541037 Manuel Mares Shirley Engleman Natbeck Inv&Thomas Mark Trelak 231 Canyon Cir N 233 Canyon Cir N 235 Canyon Cir N Palm Springs,CA 92264 Palm Springs,CA 92264 Palm Springs, CA 92264 513 541038 513 541039 513 541040 M J Playan Albert&Marion Carpenter Natbeck Inv&Lee Brandenburg 2870 N Andalucia Ct 239 Canyon Cir N#81 1122 Willow St#200 Palm Springs, CA 92264 Palm Springs,CA 92264 San Jose, CA 95125 513 541041 513 541042 513 541043 Frank Bustillos Yale&Ethic Rutzick Natbeck Inv&Shirley Dec Kubly 1970 Fell St 1649 Beechwood Ave 1112 7th Ave San Francisco, CA 94117 Saint Paul,MN 55116 Monroe,WI 53566 f I 513 541044 513 541045 513 541046 Gene Schreiber Natbeck Inv&Carolyn Nevotti Natbeck Inv&Hannah Sobel 8491 Fountain Ave#Jl 234 Canyon Cir S 230 Canyon Cir S West Hollywood, CA 90069 Palm Springs,CA 92264 Palm Springs, CA 92264 513 542 001 513 542 002 513 542 003 Sherry Ann Scherotter Natbeck Inv Suzanne Reynolds PO Box 2224 PO Box 1906 2917 Cervantes Ct Palm Springs, CA 92263 Palm Springs, CA 92263 Palm Springs, CA 92264 513 542 004 513 542 005 513 542 006 Natbeck Inv&Brian Catalde Inv King Jennifer J&Jennifer Into King Natbeck Inv&Phillip Rose 801 E Talrquitz Canyon Way#100 12711 Ventura Blvd#480 2910 Cervantes Ct it Palm Springs, CA 92262 Studio City, CA 91604 Palm Springs,CA 92264 513 542 007 513 570 001 513 570 006 Natbeck Inv&Bank Of America.Natt Mra Funding Corp Cerciello Aldo&Manuela 333 S Beaudry Ave#21ST 1444 S Alpine Dr 5075 Shoreham PI#150 Los Angeles, CA 90017 West Covina, CA 91791 San Diego, CA 92122 513 570 011 513 570 016 Sou Palm Cyn Hoa Ridge Philip Bloom&John Derocco 155 N Blue Canyon Rd 11400 W Olympic Blvd#9TH Palm Springs, CA 92264 Los Angeles, CA 90064 513 460 001 513 540 003 513 541001 Jerry Ganz&Canyon Dev Wdi Land Holdings Llc Natbeck Inv&Canyon Heights Assoc 175 E Delaware PI#9109 44600 Village Ct 1158 State St 4M4 Chicago,IL 60611 Palm Desert, CA 92260 San Diego, CA 92101 513 541002 513 541003 513 54 04 Natbeck Inv&Harold Miller Natbeck Inv&David Fringer Natbeck In old Miller 333 E Channel St#2ND 2884 N Andalucia Ct 333 E C St#2ND Stockton CA 95202 Palm Springs, CA 92264 Stoc n, CA 9 02 513 541005 513 541006 513 541007 Sather Karen Natbeck Inv&W.Theodore Clark Natbeck Inv&Petka Pramatarov 3073 Ceylon Rd 9307 S Glendora Dr PO Box 3094 Costa Mesa, CA 92626 Spokane,WA 99223 Clifton,NJ 07012 513 541008 513 541009 513 541010 Maryann Ablgren Natbeck Inv&David,Witt Natbeck&Alvin Rudd 68733 Perez Rd#C-11 2852 N Andalucia Ct 2850 N Andalucia Ct Cathedral City, CA 92234 Palm Springs, CA 92264 1 Palm Springs, CA 92264 i 513 541011 513 541012 513 541 013 Natbeck Inv&Betsy Hammes Benneth&Suzy Katz Natbeck Inv&Tanya Grobich 2851 N Andalucia Ct 1150 Sacramento St 100 S Sunrise Way#487 Palm Springs, CA 92264 San Francisco, CA 94108 Palm Springs, CA 92262 513 541014 513 541015 513 541016 Donn Fry&Diane Stielstra Natbeck Inv&Leota Leake Natbeck Inv&Michael Shulimson 2873 N Andalucia Ct 2885 N Andalucia Ct 33397 Mulholland Hwy Palm Springs, CA 92264 Palm Springs, CA 92264 Malibu, CA 90265 513 541017 513 541018 513 541019 Natheck Inv&Ferro Ti&Alloys In Natheck Inc&Gordon Leake William&Donna Randle 17 Connaught Sq W22hj 212 Canyon Cir N 96 Stumpfield Rd LONDON Palm Springs, CA 92264 Kensington,NH 03833 UNITED KINGDOM i 513 541020 513 541021 513 541022 Albert Yunker Jr. Violet Jurgich - Natbeck Inv&Mary Williamson 2882 N Greco Ct 200 Beach PI#404 271 Murray Dr Palm Springs, CA 92264 Edmonds,WA 98020 El Cajon, CA 92020 513 541023 513 541024 513 541 025 Evelyne Alexandre Natbeck Inv&Albert Neal Simmons Natbeck Inv&Larry Mather 1850 Gough St#604 100 S Sunrise Way#429 2927 Canyon Cir S San Francisco,CA 94109 Palm Springs, CA 92262 Palm Springs, CA 92264 513 541026 513 541 027 513 5,41028 Donald Peterson Natheck Inv&John Ivanoff Natbeck Inv&June Simmons 2952 Canyon Cir S 4024 12th St 500 W Crescent Dr Palm Springs, CA 92264 Riverside,CA 92501 Palm Springs, CA 92262 PROOF OF PUBLICATION This Is space for COUII Clerk's Fihng stamp (2015.5.C.C.P) No.4969 NOTICE OF PLANNING ANNINGG COMMISSION - STATE OF CALIFORNIA County of Riverside CITY OF PALM SPRINGS - --- -- Caae No. S.OM- PO-78 and TM 10527 2901 South Palm Canyon Drive NOTICE IS HEREBY GIVEN that the Planning — commission of the City of Palm its Califor- nia,will hold a public hearing at ts meeting of Ju- ly 9,2003.The Planning Commission meeting be- gins at the pp.m..(public hearings start at 200 pp m.) In the Council ChamPalm Springs. ri Hall, 3200 E.Tahquitz Canyon Way, The ppurpose of the hearing is to consider Case 5.0958, a major architectural approval application, f am a citizen of the United States and a resident of and an amendment to Plannetl Development 78 and Tract Map 10527, by World Development to the County aforesaid,I and over the age of eighteen construct 43 condominlum units to complete Oars,and not a art to of interested in the Phase 1 of the Canyon Heights development Ic- y p y cated at 2901 South Palm Canyon Drive west of above-entitled matter.I am the clerk of a the intersection of Murray Canyon Drive and principal South Palm Canyon Drive. printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, VICINITY MAP printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of .�.. California under the date of March 24, 1988.Case Number 191236; that the notice,of which the annexed is a printed copy(set in type not smaller than non pariel,has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates,to wit: CITY OF PALM 6PRING$ a,eun in mixd N- PdL9Y9m vr P�CUGYIi rcrtYMnMIM June 27rh An amendment to Planned Development District - _ 76 and Tract Map 10527 is proposed due to the -- ----------- change of the configuration of the allowable num- ber of units original)y approved in PD 78.Phase 1 of the Canyon Heights development was entitled -----------—-------------_-------_-----—------------------ in 1977 to construct ninety(90) multrfamily units. Fifty units were constructed. The current plan All in the year 2003 proposes to build out this and the final phase 43) unts.oTheuction of lacementeof the o pads for con I certify(or declare)under penalty of perjury that the ( ) p p foregoing is true and correct. struction varies from the original approval. 27o" An Environmental Assessment has been previous- ly prepared during the original entitlement pro- Dated at Palm Springs,California this---------day cess. A draft Mitigated Negative Declaration of Environmental Impact was determined for the June subject proposal. Members of the public may of---------------------------------- 2003 view this document in the Department of Planning and Zoning, City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs,and submit written comments Yes oe geese a Commission hearing. If an ray challenges the action in court,issues at or prior to, the Planning group raised u be limited es only those snots raised -_ --- _ at the public heann described in this notice or in written car p t, or prior to the City Signature Council hearing An opportunity will be given at said hearing for all Interested persons to be heard.Questions regard- ing this case may 7bedirected to Kathy Marx,As- sociate Planner, ( ))3 PLANNING COMMISSION /s/Douglas R.EArs. Director of Planning and Zoning y+J� PROOF OF PUBLICATION This is space for County Clerk's Filing Stamp (2015.5.C.C.P) No,5214 NOTICE OF PUBLIC HEARING CITY COUNCIL STATE OF CALIFORNIA - CITY OF PALM SPRINGS County of Riverside PD -78 Amendment 290t South Palm Canyon Drive NOTICE IS HEREBY GIVEN that the City,Council of the GItY of Palm Spangs, Cahforma,will hold e public heanng at Its meetmg of JuIV 3Q 2003.The Cty Council meetmg begins at 7 00pp.m. In the Council Chambar atSpnngs.all, 3200 E. Tahquitz Canyon WaY. g The purpos sofa he earllicatron fors amen to dment to PD$ (Amended), p�pp on an tl off- mirnum units on 11.33 acres Incl dm9t 43 con o- srte improvements to complete Phase 1 of the I am a citizen of the United States and a resident of Canyon Hel q hts development located at 2901 the County aforesaid; I am over the age of eighteen South Palm Canyon Drive. years,and not a party to or interested in the VICINITY MAP , above-entitled matter.I am the principal clerk of a printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, printed and published in the city of Palm Springs, County of Riverside,and which newspaper has been on adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of California under the date of March 24, 1988.Case - Number 191236; that the notice,of which the annexed is a printed copy(set in type not smaller than non ariel,has been published in each regular °inernA`M sonless P p g no�xu,e h�m�- oesv�uewi.,, and entire issue of said newspaper and not in any - supplement thereof on the following dates,to wit: e 1 of the Canyon Heights development was -- fitted!n 1977 to construct ninety-three(93)mul- ti-family units. Filly were constructed.The project will consist of five single units, sateen two-unit complexes and two three-unit complexes incor- July 1911, poratmg a choice of four models. The current plan proposes to build out this and the final ----------------------------------------------—--------- phase with the construction of the additional enti- tled forty-three (43) units. Dwelling units will be 2,146 square feet to 2,657 square feet. One of _---------------------_---------------------------- the four models will have a two-story component of twenty-seven (27) feet. In order to accommo- All in the year 2003 date modifications to the original design, the placement of the building pads for construction I certify(or declare)under penalty of perjury that the vanes from the or' approval. consequently, foregoing is true and correct. is amendment meecess t to Planned Development district 21`r An Environmental Assessment has been previous- Dated at Palm Springs,California this---------day alp roved by City Council in the approval of July p�aof Report thatIwas e Final pprepared for thental Im- Canyon ! Park Resort and Spa S ecific Plan Ill that in- of ,2003 eludes the Canyon Heights development project area, that was certified and adoppted on July 19, n 1994, is in compliance with CEQA, the State /1 y CEQA Guidelines, and the CRy's CEQA Guide- '/��i1lyJ ".V�LL/t�/q- lines. If any group challenges the action in court, issues '----------------"""'O"""'--------- raisedthe may b hearin e limited to only those issues raised d in ice or in Signatureat wr tte Pcarrespondendce escratbeor priorstootthe City Council hearing. An apportumly will be given at said hearing for all nterestad persons to be heard Questions regard- ing this case may be directed to Kathy Man:,As- sociate Planner at (760)323-8245. PATRICIA A. SANDERS City Clerk a U, r'•. "::1'i:�^�Sr-..y .. Issup, 01" ,, ,^: �� Pa/�Spg1�e�✓i oa c t nds Atop. 9Z26,,4 %✓b. Ce °r i `026 �..._ I�''Yi, � 0 IgS �!o 7' f.. `'�. ha � �o day 3 'rA �p�fsr4? 4t, - C9 92� e- t o _Jn rod 513 541006 Ave Nafbeck Inv&W Theodore Clark Pd,_ CA 9006g 9307 S Glendora Dr Spokane,WA 99223 R' 4 - ----- "�� R. �-44 a -. M�R-.6 ,/V AZ 3Q oa VRN rCi �r�Rty jof3� c'�.ig3 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0958 - PD - 78 (AMENDED) FOR THE CONSTRUCTION OF 43 CONDOMINIUM UNITS LOCATED AT 2901 SOUTH PALM CANYON DRIVE,ZONE PD-78, SECTION 34. WHEREAS, World Development (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for approval of PD - 78 (Amended) to construct 43 condominium units located at 2901 South Palm Canyon Drive, Zone PD - 78, Section 34; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider PD - 78 (Amended) and related architectural approvals (Case 5.0958) was given in accordance with applicable law; and WHEREAS, on July 9, 2003, a public hearing on the application for the PD - 78 (Amended) and associated architectural approvals (Case 5.0958) was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider PD- 78 (Amended), was given in accordance with applicable law; and WHEREAS, on July 30, 2003, a public hearing on the application for PD-78 (Amended)was held by the City Council in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEAQ"), and WHEREAS, the Environmental Impact Report prepared for Planned Development District 78 , has been previously prepared for this project, distributed for review for public review and comment and approved by the Planning Commission and the City Council in compliance with the California Environmental Quality Act (CEQA); and WHEREAS, the City Council on July 16, 2003, approved an addendum to the Environmental Impact Report for the Canyon Park Resort and Spa Specific Plan and said Environmental Impact Report's addendum fully addressed environmental impacts of the entire specific plan and the subject property; and WHEREAS, the Planning Commission 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, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that the Environmental Impact Report previously approved by City Council in the approval of PD-78 adequately addresses the general environmental setting of the proposed Project and its significant environmental impacts. Additionally, the Final Environmental Impact (0 C Report that was prepared for the Canyon Park Resort and Spa Specific Plan project that was certified and adopted on July 19, 1994 is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. Further, the FEIR, MND, and current EIR Addendum for Case No. 5.5076-SP-1A (Canyon South Specific Plan#1A Revisions)adequately addresses the general environmental setting of the proposed project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effectfo the proposed project. Section 2: Pursuant to Section 94.03.00 of the Zoning Ordinance, the Planning Commission finds that the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance. A previously approved Planned Development District 78 allows the use of multi-family housing at the site. The use of the site is also consistent with the underlying zoning designation included in Specific Plan #1. b. The use is necessary or desirable for the developmentof the community, is in harmonywith the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The use of a condominium housing project is clearly defined in Canyon Park Resort and Spa Resort Specific Plan No. 1 Amendment, approved by City Council January 19, 1994, indicating Planning Area 16 (Canyon Heights) entitlement for multi-family units and the Canyon South Specific Plan approved by City Council July 16, 2003. C. The site is adequate in size and shape to accommodate said use, including yards, setbacks, wall or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The site is adequate in size and shape to accommodate the use of forty-three (43) multi- family housing units. Of the 11.3 acre site, 27.5% is devoted to buildings, 6.9% to paving and 65.6% is devoted to landscaping, open space and recreation area. The proposed project is in keeping with the intent of the previously approved PD - 78 in which the project statement proclaims, "Generous open spaces have been created around large rock outcroppings...It is the planner's intent that the open spaces be maintained in their natural state." Recreational facilities have been specifically designed to incorporate rock outcroppings and to use the natural environment as an asset to the site plan. Placement of units have been relocated in order to avoid further grading as much as possible and utilize the aspects of the natural terrain within the project's landscaping concept. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. V Access to the site is provided by an existing private street constructed in the first phase of the development. Engineering staff has provided conditions of approval to incorporate necessary improvements off-site but adjacent to the Canyon Heights project on South Palm Canyon Drive. Original conditions of approval associated with the first phase of construction have been reviewed by staff for consistency and conformity to the proposed project's site plan. Necessary changes have been addressed as Engineering Conditions of Approval in Exhibit A. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health, safety and welfare. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, that the City Council hereby approves the amendment to PD - 78 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED THIS 30th day of July, 2003. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: 663 EXHIBIT A PD - 78 (AMENDED) WORLD DEVELOPMENT 2901 SOUTH PALM CANYON DRIVE REVISED PRELIMINARY PLANNED DEVELOPMENT DISTRICT CONDITIONS OF APPROVAL July 30, 2003 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, 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. la. 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. 1 b. 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 5.0958-PD-78(Amended). 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, 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. 3. Architectural 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. 4. The appeal period for an amendment to a Planned Development District application is 15 calendar days form the date of project approval. Permits will not be issued until the appeal period has concluded. 5. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations,floor plans, roof plans, grading plans, landscape plans, irrigation plans,exterior lighting plans,sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two(2)years of the City Council approval of the preliminary planned development district. 6. The pool facilities building shall be designed with a roof line that is low profile and has the least visual impact on the surrounding topography. 7. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 8. Final landscape plans shall include the following design elements: a) All one gallon container sizes shall be increased to five gallon. b) The perimeter fence shall be 6' high and constructed of wrought iron. c) The perimeter fence shall include a pedestrian access gate located for ease of access to all Canyon Heights homeowners. d) Landscaping shall be included adjacent to the pool facilities building to soften the impact of the structure and blend with the environment. 9. Detail of perimeter fencing, entry gate and pedestrian access gate shall be submitted at the time of final landscape plan submittal. Perimeter fencing shall not include the north/northwest and northern developed site boundary. 10. 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. 11. 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. 12. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 13a. 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 and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be enforceable by the City, shall not be amended without City 4c approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 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$265 filing fee shall also be paid to the City Planning Department for administrative review purposes. 13b. The CC&R's shall include a provision requiring that the developer/homeowners construct a fence at least six (6) feet high around the entire perimeter of the developed site for the purpose of keeping Bighorn sheep out of the area and to prohibit residents from access to the hillside areas of Lot 3, if it is demonstrated to the City Council that Bighorn sheep are impacted by the development proposed. Should the six foot fence prove ineffective at excluding sheep,the developer/homeowner shall install an additional two(2)feet of fence for a total of eight (8)feet of fence. 13c. The CC&R's shall include a provision that states all undeveloped hillside areas shall be maintained for permanent open space and that no improvements of any type shall be permitted for the life of the project. 14. The applicant shall provide notarized supplement to the First Supplement to Agreement Between Canyon Heights Homeowners Association and Natbeck Investments to reflect the change in Proviso IV- Page 3, #1(f)to allow for the construction of previously approved unit #92. 15. Separate architectural approval and permits shall be required for all signs. 16. 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. 17. 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. 18. The street address numbering/lettering shall not exceed eight inches in height. 19. 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 & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot 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. A photometric study shall be required for all parking areas, driveways and entries. 20. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 6 e60 21. The applicant shall submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit or submit a letter from the municipal waste disposal service stating that individual household refuse pickup is acceptable. 22. 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 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 Building 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. 23. 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. 24. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 25. Parking stalls shall be delineated with a 4 to 6 inch double stripe or equivalent design - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuos 6" barrier curb shall provide wheel stops. 26. Five handicapped parking stalls shall be provided. One of the parking stalls shall be van accessible. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces and the path of travel to the entry ways. 27. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two handicap spaces can share a common walkway. One in every eight accessible spaces, but not less than one, shall be served by an 8 foot walkway on the right side and shall be designated "van accessible". 28. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00(C) (10). 29. 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. 30. The developer shall submit a letter from the waste disposal service verifying that trash cans are acceptable for project waste management prior to issuance of building permits or that existing site trash enclosure facilities are available for use by the proposed units. 6C7 31. 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. 32. Given that portions of the project area are within an alluvial formation,the possibility of buried resources is increased. A Native American Monitor shall be present during all ground- disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and,if necessary,prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Band of Cahuilla Indians. 33. One copy 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. 34. Applicant shall be required to pay all Agua Caliente Band of Cahuilla Indians planning fees associated with this development. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE 1. 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. 2. Project is beyond a 5-minute response time from closest fire station and therefore requires an automatic fire sprinkler system. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 1999 edition, as modified by local ordinance. 3. Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. 4. An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 5. Provide one 2-A:10-B: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 or near an exit door. &C, ENGINEERING Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division.The plan(s)shall be approved by the City Engineer prior to issuance of any grading or building permits. SOUTH PALM CANYON DRIVE 3. Construct a 6 inch curb and gutter, 32 feet west of centerline, from the end of the existing curb return at the entrance to the development (Canyon Heights Drive) to the centerline of Murray Canyon Drive, in accordance with City of Palm Springs Standard Drawing No. 200. 4. Construct an 8 feet wide sidewalk adjacent to curb, from the end of the existing sidewalk to the centerline of Murray Canyon Drive, in accordance with City of Palm Springs Standard Drawing No. 210. 5. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement from Canyon Heights Drive to the centerline of Murray Canyon Drive, in accordance with City of Palm Springs Standard Drawing No. 110 and 330. 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. 6. Coordinate design and construction of South Palm Canyon Drive improvements with adjacent proposed development on the property identified by Assessor's Parcel Number (APN) 512-180-001, to the satisfaction of the City Engineer. PRIVATE STREETS 7. The site plan proposes construction of condominium units within private street easements created on Tract Map 10527 as Lots"D", "E", "F", and"G". The developer shall quitclaim the private street easements, or otherwise unencumber the development from the restriction imposed by the existence of the private street easements indicated on Tract Map 10527. Evidence of quitclaim or other reversion of the private street easements, meeting the approval of the City Engineer,shall be provided prior to issuance of building permits. A grant of easement for private street purposes shall be made for the new private streets, as shown on the approved site plan. The private street easements shall be granted to the Canyon Heights Homeowners Association, as required by Codes, Covenants and Restrictions (CC&R's)for the development. Evidence of a recorded grant of easement for private street (0c purposes shall be provided to the City Engineer prior to issuance of a certificate of occupancy, or as required by the CC&R's for the development. 8. The site plan proposes construction of condominium units that encroach into easements for street right-of-way granted to the City of Palm Springs from the Bureau of Indian Affairs, as shown on Document No. 25666, recorded February 6, 1979. The developer shall apply for the vacation of these public easements, as necessary to facilitate construction of the proposed condominium units. Dedication to the City of Palm Springs of easements for public utility purposes, including sewers, shall be required to replace those vacated by the developer. Dedication shall be made concurrently with the public easement vacation processed by the City. 9. Construct on-site private streets, as shown on the approved site plan, subject to the approval of the Fire Marshall. All on-site private streets shall be constructed with a minimum pavement section of 2'/z inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction. Provisions for drainage of private streets, including curbs and gutters, shall be provided to the satisfaction of the City Engineer. 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. SANITARY SEWER 10. 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 Codes, Covenants, and Restrictions (CC&R's)required for this project. 11. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 12. Existing sewer plans for Tract Map 10527 are approved and on file(see Files 4E-1-1 through 4E-1-7 approved 4/26/79). These plans were marked "as-built" as of 1/18/82, indicating existence of sewer improvements. The developer shall remove, relocate and install new sewer improvements, consisting of 8 inch sewer mains and required laterals, as required to facilitate the proposed development. The sewer plans for Tract Map 10527 shall be revised to reflect current"as-built"or record conditions and submitted to the Engineering Department for review and approval. Otherwise, new sewer improvement plans prepared by a Registered Civil Engineer shall be submitted to the Engineering Department for review and approval. The new or revised sewer improvement plans shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal for new sewer improvement plans shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses,covenants, reimbursement agreements,etc. required bythese conditions. C /o 13. The project is subject to a sewer assessment fee of $146.19 per residential unit for construction of the 15"sewer main in Avenida Granada, Calle Palo Fierro and Laverne Way. The fee shall be paid prior to issuance of the building permit. GRADING 14. 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 submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division. A PM 10(dust control) Plan shall be submitted to and approved by the Building Department prior to approval of the Precise Grading plan. The Precise Grading Plan shall be approved by the City Engineer priorto issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of current Title Report E. Copy of Soils Report F. Copy of Hydrology Study/Report 15. Drainage swales shall be provided adjacent to all curbs and sidewalks, 3'wide and 6" deep, to keep nuisance water from entering the public streets, roadways, or gutters. 16. 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 the Grading Plan. 17. 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 acre for mitigation measures of erosion/blowsand relating to his property and development. 18. 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. 19. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) plan requirements. 20. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading & C11 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) or a verbal release from that office prior to the issuance of the City grading permit.The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert(Phone: 760-776- 8208). DRAINAGE 21. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system(if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage systems are unavailable or cannot contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage systems (if any exist), and to determine required stormwater runoff mitigation measures for the proposed development. Final detention/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. 22. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is$7,271 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 23. 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. 24. All proposed utility lines shall be installed underground. 25. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 26. 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. 27. 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. 28. 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. 1 & �� TRAFFIC 29. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the South Palm Canyon Drive and all private street frontages of the subject property. 30. Street name signs shall be required at each intersection, as required by the City Engineer, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 31. 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. 32. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. & C13