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HomeMy WebLinkAbout2/20/2002 - STAFF REPORTS (8) DATE: February 20, 2002 TO: City Council FROM: Director of Planning & Building APPEAL OF PLANNING COMMISSION APPROVAL OF CASE NO. 3.2103, AN APPLICATION FOR ARCH ITECTU RAIL APPROVAL BY MR.JAMES SMAGALA, FORTHE DEVELOPMENT OF A 206 UNIT APARTMENT PROJECT (THE GLORIETTE APARTMENTS), WITH AN 1,800 SQUARE FOOT COMMUNITY FACILITY, ON A 8.89 ACRE PARCEL, LOCATED AT THE NORTHEAST CORNER OF HERMOSA DRIVE AND AMADO ROAD, R-4 ZONE SECTION 14. SUMMARY: At it's meeting of February 6, 2002, the City Council voted to uphold the Planning Commission's decision; and to approve Architectural Approval Case No. 3.2103, a 206 unit apartment project including amenities, at the northeast corner of Hermosa Drive and Amado Road. Mr. James Smagala is the applicant. At that meeting, the City Council directed staff to prepare a resolution for consideration at the February 20, 2002 meeting. The Council also directed staff to revise the conditions of approval to: • Restudy the proposed color palate and refer final building colors to the Planning Commission for approval; • Revise the landscape plan for greater compatibility with the Greenhouse East; and • Establish a framework for regular quarterly meetings with representatives of neighboring HOAs ao Director Planning and Building City Manager " y,-, ATTACHMENTS: 1. Resolution/Conditions 44 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION; AND APPROVING CASE NO. 3.2103, AN APPLICATION FOR ARCHITECTURAL APPROVAL BY MR. JAMES SMAGALA, FOR THE DEVELOPMENT OF A 206 UNIT APARTMENT PROJECT(THE GLORIETTE APARTMENTS),WITH AN 1,800 SQUARE FOOT COMMUNITY FACILITY, ON A 8.89 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF HERMOSA DRIVE AND AMADO ROAD, R-4 ZONE SECTION 14. ------------- WHEREAS, Mr. James Smagala ("Applicant') has filed an application with the City pursuant to Sections 92.05.00 and 94.04.00 of the Zoning Ordinance for the development of a 206-unit apartment project on a 8.89 acre parcel located at the northeast corner of Hermosa Drive and Amado Road, R-4 zone, Section 14; and WHEREAS, a community meeting was conducted to provide forearly public participation and input; and WHEREAS, Pursuant to Section 21092.6 of the Public Resources Code, the California Environmental Quality Act(CEQA), and Section 15063 of the California Environmental Quality Act Guidelines, a detailed Initial Study and draft Mitigated Negative Declaration was prepared; and WHEREAS, on December 12, 2001, a public meeting on the Architectural Approval Application, (Case No. 3.2013) was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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; and WHEREAS, on December 12, 2001, the Planning Commission voted to approve Architectural Approval application, Case No. 3.2013; and WHEREAS, an,appeal of the decision of the Planning Commission was filed in a timely manner; and WHEREAS, on February 6, 2002, a public hearing on the appeal of the Planning Commission approval of Case No. 3.2013 was held by the City Council in accordance with applicable law; and WHEREAS, all parties that had provided written correspondence regarding the project were provided with written notice of the meeting; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the appeal of the Planning Commission approval of the Architectural Approval application, including, but not limited to, the staff report and all written and oral testimony. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, with the incorporation of proposed mitigation measures,potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. Section 2: Pursuant to Zoning Ordinance Section 92.05.00, "R-4" Large-Scale Hotel and Multiple-Family Residential Zone, the City Council finds that with the incorporation of those conditions set forth in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which an architectural approval is authorized by the City's Zoning Ordinance. Pursuant to the Zoning Ordinance, multi-family dwellings are permitted in the "R-4" Zone through the Architectural Approval process, such approval is subject to Planning Commission findings that the proposed use is compatible with its surroundings and that the proposed use, including the proposed development and density are allowed by right within the zone. b. The proposed project is consistent with the General Plan. The subject property is designated as H-43/30 (High Density Residential) on the City's General Plan Land Use Map and R-4 (Large Scale Hotel and Multiple-Family Residential Zone) pursuant to the Zoning Map. The objective of the H-43130 General Plan Designation (providing for the development of a threshold of 21 and a maximum of 30 dwelling units per acre) is to allow for multi-family apartments and similar permanent housing. The proposed development of 206 apartment units on a 8.89 acre site (23.17 units per acre)fits within the range of uses allowed within the High Density Residential General Plan category. The proposed project is be compatible with the General Plan and existing land uses to the north, south and west well as future uses of vacant land to the east, which could be developed with a variety of high density residential uses pursuant to the City's General Plan and Zoning Ordinance. Furthermore, the project has been designed to be sensitive to and not conflict with the existing uses in the vicinity by incorporating elements such as, but not limited to, augmented building setbacks, landscaping, berms and block walls along shared property lines. c. The use applied for is necessary or desirable for the development of the community, is in harmony with 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 proposed development of 206 apartment units is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. d. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls 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. With the approval of an Administrative Minor Modifications for a 10% reduction in the number of required parking spaces, from 357 to 321 parking spaces, the site for the proposed 206 unit apartment project, on a 8.89 acre parcel is adequate in shape and size to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. e. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed development of 206 apartment units is bordered on two sides by roadways. Amado Road is designated by the General Plan Circulation Element as a Secondary Thoroughfare. Hermosa Drive is designated by the General Plan Circulation Element a Collector. Street improvements to construct both streets to their ultimate widths, based upon General Plan specifications, will be required through the proposed conditions of approval. The payment of Transportation Uniform Mitigation Fund (TUMF) fees will be required upon issuance of building permits. With all of the above items incorporated into the recommended Conditions of Approval for the project (Exhibit A), the vehicular circulation system will not be negatively impacted by trips generated from this project. f. The site is physically suitable for the type of development contemplated by the proposed 206- unit apartment project. The project has been designed to comply with all performance and development standards of the R-4 Zone of the Zoning Ordinance, with the exception of the Administrative Minor Modifications for a 10% reduction in the number of required parking spaces. The site is relatively flat with native vegetation scattered across the property and no overhead utilities, and will be accessed via Hermosa Drive and Amado Road. Thus, the project should be compatible with the surrounding neighborhood. g. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety, including, but not limited to, the requirements for public street improvements, landscape and wall treatments along the project perimeter. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby upholds the decision of the Planning Commission;and approves Case No. 3.2103,subject to those conditions set forth in Exhibit A on file in the Department of Planning and Building, which are to be satisfied prior to issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this day of 2002. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS By: City Clerk City Manager REVIEWED AND APPROVED AS TO FORM (/ �� y RESOLUTION NO. EXHIBIT A Case No. 3.2103, The Gloriette Apartments Northeast Corner of Amado Road and Hermosa Drive Mr. James Smagala February 20, 2002 CONDITIONS OF APPROVAL 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. 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. 1a. 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 oremployees 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 3.2103. 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 orwill 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 matterfollowing an adverse judgement orfailure to appeal,shall not cause a waiver of the indemnification rights herein. 2. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 3. The mitigation measures of the environmental assessment shall apply. 4. 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. 5. The appeal period for an Architectural Approval application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 6. Final landscaping, irrigation,exterior lighting,and fencing plans shall be reviewed and approved by the Planning Commission, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. 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 Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 8. The landscape shall provide street trees in informal patterns with a spacing of 30' or less along Amado Road (Section 14 Master Plan). 9. The applicant shall submit a revised preliminary landscape plan. The plan shall provide for 50% parking lot shading, adequate screening and buffering of the north property line, landscape planters or tree wells located every 10 parking spaces and adequate spacing of the proposed street trees in conformance with the Draft Section 14 Master Plan. The required parking lot tree planters may utilize diagonal in conjunction with compact parking spaces. Approximately six additional parking lot trees will be required to comply with this requirement. Details to be provided with final landscape plan. Credit shall be granted for covered parking. The revised landscape plan shall be submitted for review and approval by the Director of Planning and Building.The spacing and varieties of street trees will be reviewed in conjunction with Tribal Planning staff. 10. The applicant shall submit a revised wall and fencing plan which encloses the project perimeter. Walls and fencing shall be contiguous, in order to limit the number of access points. Additional information is required regarding the type of materials and appearance of the gates, access points and other entry features. Pedestrian access shall be limited. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. to /�/lO 11. Parking areas are not required to be gated. However, if the need for gated parking should arise in the future, the applicant may be required to secure the apartment complex and parking area. Gates and a secure entry system with key card may be required.This may also include a requirementfor improvements to the main driveway entry design to allow for vehicles to turn around, as well as the installation of a key card access gate with key pad and telephone, for guests to use to phone residents to announce their arrival. Other means of limiting access may also be required. Security improvements shall be to the satisfaction of the Director of Planning and Building. Upon notification by the Chief of Police of Director of Planning and Building, the project owner shall install entry gates at each of the driveways within six month of written request. 12. Revise the site plan to meet the minimum 24' (single loaded) or 26' (double loaded) driveway requirements. 13. Outdoor storage, including storage of items on the balconies, shall be prohibited. 14. The applicant shall propose an expanded amenities package for review and approval by the Planning Commission. Details of the community courtyards, including amenities, pergolas, picnic benches, barbecues and trash receptacles and other equipment shall be submitted with final landscape plan. 15. 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. 16. 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. 17. 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. 18. 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 Engineering specifications. 19. Vehicle maintenance and/or repairshall be prohibited on the property.This prohibition shall be enforced by the apartment management.Vehicle parking shall be monitored on a regular basis by the apartment management. Unauthorized or inoperable vehicles shall be removed from the property in accordance with all applicable State and City codes. 20. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval bythe Planning Commission prior to issuance of building permits. 21. All materials on the flat portions of the roof shall be earth tone in color. 4-7 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. 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. 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. 25. The street address numbering/lettering shall not exceed eight inches in height. 26. 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 for all parking and driveway areas shall be submitted. 27. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 28. Submit plans meeting City standard forapproval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 29. 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 0.25%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. 30. Details of the pool and spa area, including fencing(material and color)and equipment area shall be submitted with final landscape plan. 31. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 32. No outside storage of any kind shall be permitted. 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. An Administrative Minor Modification shall be applied for a reduction in the amount of required parking, prior to issuance of a building permit. 35. 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. 36. 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. 37. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 38. 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 (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one(1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 39. 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. 40. Compact and handicapped spaces shall be appropriately marked per Section 9306.00.C.10. 41. 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. 42. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Planning Commission. 43. The apartment management shall meet prior to issuance of building permits and thereafter quarterly with two representatives of each ofthe neighboring home owners associations (HOA) to review tenant rules and on-site conditions, t0� 44. To the extent possible, the applicant shall redesign the parking area to increase the number of compact parking spaces in order to increase the number of parking spaces. Final design to be approved per Condition #34. 45. The landscape plan shall be revised for compatibility with the Greenhouse East,to the satisfaction of the Director of Planning and Building. 46. The applicant shall submit a restudy of the color palate for review and approval by the Planning Commission. 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. Site Plan: Provide this office with two copies of an 8.5" x 11" site plan. Approved locations for the fire department connection and fire hydrants will be marked on the site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 2. Automatic Fire Sprinklers:An approved,automatic Fire SprinklerSystem with 24 hour monitoring is required. 3. Fire Alarm System:A Fire alarm system is required. Installation shall comply with the requirements of NFPA 72. 4. Road Design: Fire apparatus access road shall be designed and constructed as all weather capable and able to support a fire truck weighting 67,000 lbs., per the 98 CFC, Art.9, Sec. 902.2.2.2. 5. Vertical Fire Apparatus Clearance: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 14'6". 6. Further Comments as conditions warrant. ENGINEERING The Engineering Division recommends that if this application is approved,such approval shall also be subject to the following conditions in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the approval of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s)shall be approved by the City Engineer prior to issuance of any grading or building permits. (See Street Improvement Plans, 14-4-4- 201 thru 203 on file in the City Engineering Division). Minimum submittal shall include the following, IF applicable: 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 by these conditions. AMADO ROAD 3. Dedicate a property line-corner cut-back at the northeast corner of Hermosa Drive and Amado Road in accordance with City of Palm Springs Standard Drawing No. 105. 4. Construct a minimum 24footwide driveway approach located approximately 350 feet and 535 feet east of the centerline of Hermosa Drive in accordance with City of Palm Springs Standard Drawing No. 201. If the easterly driveway approach will be gated,the entry shall comply with the criteria stated in Condition No. 33. All driveways to provide a minimum of one egress and one ingress lane. 5. Construct a 6 inch curb and gutter 32 feet NORTH of centerline along the entire frontage with a 35 foot radius curb return at the southwest corner of the subject property per City of Palm Springs Standard Drawing No. 200. The existing curb return shall be removed. 6. Install an 'end of sidewalk' sign at the easterly end of the proposed sidewalk. 7. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard, Drawing No. 210. 8. Portions of the existing cross-gutters shall be removed and replaced to fit new curb return. 9. Construct a curb ramp meeting current California State Accessibility standards at the southwest corner of the subject property per City of Palm Springs Std. Dwg. Nos.212 and 212A. 10. 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 centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 325. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. HERMOSA DRIVE 11. Construct a 6 inch curb and gutter, 20 feet EAST of centerline along the entire frontage, with a 35 foot radius curb return at the southwest corner of the subject property per City of Palm Springs Standard Drawing No. 200. 12. Construct a minimum 24 foot wide driveway approach located approximately 35 feet south of the northerly property line of the project in accordance with City of Palm Springs Standard Drawing No. 201. The driveway shall provide a minimum of one egress and one ingress lane. If the northerly driveway approach will be gated, the entry shall comply with the criteria stated in Condition No. 33. 13. Construct a minimum 32 footwide driveway approach located approximately 320 feet north of the centerline of Amado Road in accordance with City of Palm Springs Standard Drawing No. 205. If gated, this entry shall be designed in accordance with gated entry requirements (see Condition No. 33). Construct Type `C' curb ramps in accordance with City of Palm Springs Standard Dwg. No. 214 on each side of the driveway approach. The driveway shall provide a minimum of one egress and one ingress lane. 14. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 15. 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 centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. CALLE ROLPH 16. Developer shall construct its portion of an offset cul-de-sac including adjacent 5 foot wide sidewalk, as shown on the approved street improvement plans (refer to Street Improvement Dwg. 14-4-4-203). Developer shall revise the approved drawing or provide a new street improvement plan for review approval by the City Engineer. SANITARY SEWER 6 1S/1 17. If the developer is required to use the existing sewer main in Amado Road, the developer shall extend the existing 8 inch sewer main across the Amado Road frontage to a point perpendicular with the on-site lateral. (See existing sewer main plan 3A-1-84).The existing plan shall be revised to show the westerly extension of the sewer main. The sewer improvement plans shall be prepared by a Registered Civil Engineer and submitted to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal 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 by these conditions. C. Sewer Study/Report, IF required by these conditions. 18. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 19. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of said lines. 20. The project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $ 696.00 per acre. The fee shall be paid prior to issuance of the building permit. GRADING 21. A copy of a Title Report prepared/updated within the past three (3) months shall be submitted to the City Engineer with the first submittal of the Grading Plan. 22. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department.A PM 10(dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan.The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. 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 Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 23. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans,calculations and other information subjectto approval by the City Engineer prior to the issuance of the grading permit. 24, In accordance with City of Palm Springs Ordinances,Sections 8.04.230 and 8.04.240, the developershall 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. 25. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 26. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 27. 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 import or 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 28. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q(stormwater runoff)exceeds the capacity of the approved drainage carriers. 29. The project is subject to flood control and drainage implementation fees. The drainage fee per acre at the present time is $ 9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. G �,y 30. The 100-year peak flow storm water runoff tributary to the project's northeast corner within North Calle Rolph shall be collected and conveyed within the project and incorporated into hydrology calculations required for this site. ON-SITE 31. All centerline radii shall be a minimum of 50 feet. 32. A hammerhead turn around or other approved turning area shall be provided at the ends of all parking areas. 33. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut of 60 feet B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 14 feet clear width in each direction. 34. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal.The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 35. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 93.06.00. GENERAL 36. Any utility cuts in the existing pavement made by this development shall receive trench replacement pavement to match existing pavement plus 1 additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 37. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 38. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 39. 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 Standard Drawing No. 203. 40. 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 Engineering specifications. TRAFFIC 41. 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 Hermosa Drive and Amado Road and Calle Rolph frontages of the subject property. 42. The developer shall replace all damaged or destroyed pavement legends and striping and provide any new striping that is required by the City Engineer on the AMADO ROAD, HERMOSA ROAD, AND CALLE ROLPH frontages prior to issuance of a Certificate of Occupancy. 43. Separate striping plans for Amado Road and Hermosa Drive shall be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 44. Developer shall pay the fair share cost of a future traffic signal at the Avenida Caballeros /Amado Road intersection, in the amount of$10,040.00. The fair share proportion of 12.55 % was calculated and supported by the traffic impact analysis prepared by Endo Engineering. 45. Provide adequate signing to prohibit on-street parking on Hermosa Drive and Amado Road adjacent to the development. 46. The developer shall install a 9,500 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the northeast corner of the Hermosa Drive and Amado Road intersection with the mast arm over Hermosa Drive.The pole and luminaire shall be furnished by the developer. 47. 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 MAI NTENANCE WORK ZONES"dated 1996,or subsequent additions in force at the time of construction. 48. This property is subject to the Transportation Uniform Mitigation Fee based on the Residential Multi-Family ITE Code B land use. rer OLI e OF ,,3 AIR, « - Greenhouse Homeowners Association Dear Greenhouse Homeowner: This is to update you on the results of the December 12'h Palm Springs Planning Commission meeting on the proposed Gloriette Apartment Complex on Amado Road. The proposal is to build 206 apartments in the empty lot adjacent to Greenhouse East, our neighbors. This high density complex, as proposed, is not compatible with its existing neighbors! Despite the protests of the 100 — 150 people who attended the meetings, the Planning Commission voted to allow the apartments to be built. Also, although the Commission was impressed by the hundreds of letters it had received from those opposed to the project, it was their position that building apartments at this location complies with the zoning regulations for the site. This allows the Planning Commission to consider only complaints on the architectural aspects of the project. ("Don't build apartments in my backyard" is not an architectural objection.) Because of the Commission's actions, it is pretty certain that the Gloriette Apartments will be built despite anything we can do. Our best hope is to try to get the City Council to make the project more appealing and less objectionable. - - We are asking you to repeat the protests to the City Council in the hope that the roar of outraged voters will cause the Council to make some changes. Remember that the law is 99.9% in favor of the Gloriette apartments and the Planning Commission's decision. Because of this, the City Council is unlikely to kill the project. However, the Council may be willing to make some concessions to make the Gloriette project more acceptable to us. Please help us to protect your interests with the final results of the Gloriette Apartments. Sign the enclosed letter and mail it in the enclosed stamped envelope. Thank you for your consideration of this issue. Board of Directors Greenhouse Homeowners Association lc LI Greenhouse Homeowner's Association We are appealing for the City Council to make the following changes to the Gloriette project: 1. All buildings in the Gloriette Complex should be not more than two stories high. This will lower the density, provide more parking spaces and preserve the surrounding neighbors' sight lines. Two of the surrounding condo complexes consist of one-story buildings, and one complex has two story buildings. There are no three-story buildings within sight. 2. Extend Calle Rolph (presently a dead end street) through to Amado. This will provide more on-street parking for the renters and will solve the drainage problem that exists at the end of Calle Rolph. The renters will park their extra cars somewhere. The only question is whether it will be in front of their own complex or ours. 3. Widen Hermosa from Greenhouse East south to Amado and allow parking on the Gloriette side of Hermosa. This will provide more on-street parking for renters. The approved Gloriette complex does not seem to include the widening of Hermosa, and would allow no parking on either side of the narrow section by Gloriette. Tenants would have to park their extra cars elsewhere- such as in front of our units. 4. Select new building colors that will blend with the surrounding properties. The proposed colors are a bit garish, and do not blend in with earth tones used by most of the surrounding buildings. (see over) G S. Install a four way stop at Hermosa and Amado intersection to protect adult and child pedestrians 'from the fast moving traffic. The City's Gloriette traffic study predicts that the Gloriette project will bring an extra 1,400 cars through Hermosa each day. That traffic will be concentrated during rush hours. The Hermosa/Amado intersection is a disaster waiting to happen for those impatiently waiting to turn left onto Amado. How will children get across Amado? 6. Create more adult and child recreational areas in the Gloriette project. The Goriette project will have only one tiny 800 square foot pool and no play area-.—The Gloriette developer has stated that the children in the apartments could play at Ruth Hardy Park. This park is almost one mile away and across another intersection without stop signs. 7. Relocate the Gloriette main entrance to Amado Road, which can better handle the traffic flow. At present, the main Gloriette entrance will be on the narrow section of Hermosa - a low traffic road. Amado is a major road more able to absorb the 1,400 additional cars that the City estimates will enter and leave the apartment complex each day. S. Require that the apartment complex employ an on-site manager to assure maintenance and behavioral standards. It is very difficult for an off-site manager to maintain order and to keep the patios from looking like storage cubicles. He (or she) is only there during daytime houses - when tenants are at work. No one will be around to handle noise complaints at night because the manager will be gone for the day. An on-site manager is more likely to maintain standards because he (or she) will have to live with ` the mess and chaos. /I/6 C�k S Cam. l/P vr�r � Signa ure Address Print Name Date r � J�,�y' 1 9 2002 !/`7't"tz?/��/ � lr�f>J fir,/" c-'-..�l2+vE,J7b'.�sfc-.•=.1r'� rr /7'•s vcE c l A�?r ©©� f® 19 20M . j - ��� r RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, UPHOLDING THE DECISION OF THE PLANNING COMMISSION; AND APPROVING CASE NO. 3.2103, AN APPLICATION FOR ARCHITECTURAL APPROVAL BY MR. JAMES SMAGALA, FOR THE DEVELOPMENT OF A 206 UNIT APARTMENT PROJECT(THE GLORI ETTE APARTMENTS),WITH AN 1,800 SQUARE FOOT COMMUNITY FACILITY, ON A 8.89 ACRE PARCEL LOCATED AT THE NORTHEAST CORNER OF HERMOSA DRIVE AND AMADO ROAD, R-4 ZONE SECTION 14. ------------- WHEREAS, Mr. James Smagala ("Applicant') has filed an application with the City pursuant to Sections 92,05.00 and 94.04.00 of the Zoning Ordinance for the development of a 206-unit apartment project on a 8.89 acre parcel located at the northeast corner of Hermosa Drive and Amado Road, R-4 zone, Section 14; and WHEREAS,a community meeting was conducted to provide forearly public participation and input; and WHEREAS, Pursuant to Section 21092.6 of the Public Resources Code, the California Environmental Quality Act(CEQA), and Section 15063 of the California Environmental Quality Act Guidelines, a detailed Initial Study and draft Mitigated Negative Declaration was prepared; and WHEREAS, on December 12, 2001, a public meeting on the Architectural Approval Application, (Case No. 3.2013) was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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; and WHEREAS, on December 12, 2001, the Planning Commission voted to approve Architectural Approval application, Case No. 3.2013; and WHEREAS, an appeal of the decision of the Planning Commission was filed in a timely manner; and WHEREAS, on February 6, 2002, a public hearing on the appeal of the Planning Commission approval of Case No. 3.2013 was held by the City Council in accordance with applicable law, and WHEREAS, all parties that had provided written correspondence regarding the project were provided with written notice of the meeting; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the appeal of the Planning Commission approval of the Architectural Approval application, including, but not limited to, the staff report and all written and oral testimony. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that, with the incorporation of proposed mitigation measures,potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. Section 2: Pursuant to Zoning Ordinance Section 92.05.00, "R-4" Large-Scale Hotel and Multiple-Family Residential Zone, the City Council finds that with the incorporation of those conditions set forth in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which an architectural approval is authorized by the City's Zoning Ordinance. Pursuant to the Zoning Ordinance, multi-family dwellings are permitted in the 'R-4" Zone through the Architectural Approval process, such approval is subject to Planning Commission findings that the proposed use is compatible with its surroundings and that the proposed use, including the proposed development and density are allowed by right within the zone. b. The proposed project is consistent with the General Plan. The subject property is designated as H-43/30 (High Density Residential) on the City's General Plan Land Use Map and R-4 (Large Scale Hotel and Multiple-Family Residential Zone) pursuant to the Zoning Map. The objective of the H-43/30 General Plan Designation (providing forthe development of a threshold of 21 and a maximum of 30 dwelling units per acre) is to allow for multi-family apartments and similar permanent housing. The proposed development of 206 apartment units on a 8.89 acre site (23.17 units per acre)fits within the range of uses allowed within the High Density Residential General Plan category. The proposed project is be compatible with the General Plan and existing land uses to the north, south and west well as future uses of vacant land to the east, which could be developed with a variety of high density residential uses pursuant to the City's General Plan and Zoning Ordinance. Furthermore, the project has been designed to be sensitive to and not conflict with the existing uses in the vicinity by incorporating elements such as, but not limited to, augmented building setbacks, landscaping, berms and block walls along shared property lines. c. The use applied for is necessary or desirable for the development of the community, is in harmony with 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 proposed development of 206 apartment units is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. / /� d. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls 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. With the approval of an Administrative Minor Modifications for a 10% reduction in the number of required parking spaces, from 357 to 321 parking spaces, the site for the proposed 206 unit apartment project, on a 8.89 acre parcel is adequate in shape and size to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. e. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed development of 206 apartment units is bordered on two sides by roadways. Amado Road is designated by the General Plan Circulation Element as a Secondary Thoroughfare. Hermosa Drive is designated by the General Plan Circulation Element a Collector. Street improvements to construct both streets to their ultimate widths, based upon General Plan specifications, will be required through the proposed conditions of approval. The payment of Transportation Uniform Mitigation Fund (TUMF) fees will be required upon issuance of building permits. With all of the above items incorporated into the recommended Conditions of Approval for the project (Exhibit A), the vehicular circulation system will not be negatively impacted by trips generated from this project. f. The site is physically suitable for the type of development contemplated by the proposed 206- unit apartment project. The project has been designed to comply with all performance and development standards of the R-4 Zone of the Zoning Ordinance, with the exception of the Administrative Minor Modifications for a 10% reduction in the number of required parking spaces. The site is relatively flat with native vegetation scattered across the property and no overhead utilities, and will be accessed via Hermosa Drive and Amado Road. Thus, the project should be compatible with the surrounding neighborhood. g. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety, including, but not limited to, the requirements for public street improvements, landscape and wall treatments along the project perimeter.