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HomeMy WebLinkAbout24737RESOLUTION NO. 24737 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL REVIEW APPLICATION FOR THE CONSTRUCTION OF THIRTY-TWO (32) HOTEL UNITS WITH A MAXIMUM HEIGHT NOT TO EXCEED TWO (2)- STORIES, ASSOCIATED PARKING LOTS, AND LANDSCAPING ON THE UNDEVELOPED 3.7-ACRE PORTION OF THE PROPERTY LOCATED AT 4200 EAST PALM CANYON DRIVE, ZONE PD (PDD 58)/R-3, SECTION 30 (CASE 3.2451 MAJ). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Brandon McCurley, on behalf of Parker Palm Springs II, LLC ("Applicant"), filed a Major Architectural Review (MAJ) application with the Department of Planning Services of the City of Palm Springs, seeking approval for the construction of thirty-two (32) hotel units and accessory uses with a maximum height not to exceed two (2)-stories, associated parking lots, and landscaping on the undeveloped 3.7-acre portion of the property pursuant to Palm Springs Zoning Code Sections 94.04.00 (Architectural Review). B. The proposed activity associated with the above application ("Project") is considered a "project" pursuant to the terms of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. ("CEQA"). C. Pursuant to Section 15332 of Tile 14, Chapter 3 of the California Code of Regulations (Class 32, "In -Fill Development Projects"), the proposed project is categorically exempt from the California Environmental Quality Act (CEQA) due to the following reasons: 1) The proposed hotel and accessory uses are consistent with the intent of the Tourist Resort Commercial (TRC) General Plan land use designation; 2) The zone designation of the project area is Planned Development District 58 (PDD 58) which permits hotel and accessory uses and the project area is less than five (5) acres; 3) The current zone designation of the parcel, proposed to be included in PDD 58, is R- 3 (Multiple -Family Residential and Hotel Zone) in which Resort Hotels and accessory uses are permitted by right; 4) The project site is surrounded by existing developments in an urban setting, and the site has no value as habitat for endangered, rare, or threatened species; 5) A majority of the project parcel is developed, and the project site can be adequately served by all required utilities and public services; 6) The project will not alter the use of the property, and it will not create any significant impact on air and water quality; and 7) The Parker Hall Trip Generation Assessment concludes that the anticipated traffic impact does not meet the threshold of significant impact, and the Parker Palm Springs Noise Assessment study states that potential operation noise associated with the project will conform to the noise level regulations stipulated in the City of Palm Springs Noise Ordinance (Palm Springs Municipal Code Chapter 11.74). Resolution No. 24737 Page 2 D. On January 8, 2020, the Planning Commission reviewed Case 3.2451 MAJ and voted 4-0-0 for the item to be continued for further review after determining that obtaining additional input from the residents of the Canyon Sands, Seven Lakes, and Oasis Report communities and incorporating their feedback into the project design would be appropriate. E. On January 21, 2020, the applicant held a community outreach meeting, which involved the representatives from the Canyon Sands, Seven Lakes, and Oasis Resort communities and revised the original development plans according to the comments and concerns presented by the community representatives. F. On February 12, 2020, the Planning Commission reviewed Case 3.2451 MAJ and voted 6-0-1 (Absent) to recommend approval of the project to the City Council subject to conditions of approval. G. Notice of public hearing of the City Council of the City of Palm Springs to consider the Project, Case 3.2451 MAJ, was given in accordance with applicable law for the meeting of March 19, 2020. H. On March 19, 2020, a public hearing on the application for the project was held by the City Council in accordance with applicable law. I. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report and all written and oral testimony presented. J. Pursuant to Section 94.04.00 (Architectural Review) of the Palm Springs Zoning Code, the City Council specifically finds as follows: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas,- i.e., sidewalks as distinct from parking lot areas. The proposed ten (10) buildings and five (5) accessory structures will be situated along the perimeter of the project area, creating an open space at the center. A network of meandering paths will connect the individual buildings, and a service road will be provided along East Seven Lakes Drive. Detached buildings will help create a sense of intimacy and avoid bulky building massing which is not sympathetic to the adjacent development. A mix of single -story and two-story buildings will be placed along the longest side (north side) of the project area to avoid a monotonous development pattern. The project site is developed with mature ficus hedges, and the visibility of the new development from public view will be limited. Resolution No. 24737 Page 3 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted. The project area is adjacent to single -story condominium complexes on the west, north, and east sides, as well as the existing hotel buildings on the south side. The proposed development includes buildings that are similar to the condominium units in massing and scale (e.g. Garden Villas). The project also includes buildings that incorporate Art Deco styles, which clearly will be different from the architectural styles of the surrounding buildings. Although the proposed development includes two-story buildings and diverse architectural styles, the mature ficus hedge along the property line will conceal the visibility of a large portion of the new structures. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment. The proposed project conforms to the applicable development standards, with the exception of the minimum parking lot driveway width requirement. A condition of approval will be imposed for the driveway width to meet the applicable code requirement (Attachment #2, PLN 8). The location of one (1) attendant booth in the required setback on East Seven Lakes Drive is allowed subject to Planning Commission review and approval (Palm Springs Zoning Code Section 93.01.00.F.9). The projection of minor architectural features above the maximum allowable building height such as the elevator tower and spires is also allowed subject to review by the Director of Planning Services per Palm Springs Zoning Code Section 93.03.00(A)(1). 4. Building design, materials and colors to be sympathetic with desert surroundings. The proposed architectural design is inspired by multiple sources, including the notable Ship of the Desert. The proposed materials and colors are desert -neutral and commonly observed in Palm Springs and its vicinity. 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously. Each building is designed in a distinctive architectural style with materials that are specific for the building. The materials, colors, and compositions of the individual elements are properly scaled and located for the functions the buildings are intended to serve. 6. Consistency of composition and treatment. Resolution No. 24737 Page 4 Being constructed in multiple phases over the years, the Parker Palm Springs property has been developed with multiple detached buildings in diverse architectural styles. While the project proposes multiple architectural styles and materials, it aligns with the unique character and identity of Parker Palm Springs. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials. The project proposes a complex plant palette, which consists of materials that are appropriate for the local climate. Currently, the project area is mostly a large open turf area, and the project does not result in the removal of any specimen or landmark trees. With proper irrigation and maintenance, the project will further enhance the aesthetics of the property 8. Signs and graphics, as understood in architectural design including materials and colors. Any future signage will be reviewed via a Sign Permit application. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: That the City Council hereby approves Case No. 3.2451 MAJ, a Major Architectural Review (MAJ) application, for the construction of thirty-two (32) hotel units with a maximum height not to exceed two (2)-stories, associated parking lots, and landscaping on the undeveloped 3.7-acre portion of the property located at 4200 East Palm Canyon Drive, subject to the conditions set forth in the attached Exhibit A. ADOPTED THIS 19TH DAY OF MARCH 2O20. David H. Ready, City ager ATTEST: A-Pfhony J. M jia MM City Clerk Resolution No. 24737 Page 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24737 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 19, 2020, by the following vote: AYES: Councilmembers Middleton, Woods, Mayor Pro Tern Holstege, and Mayor Kors NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of rt'1 % U-p A(RtKony J. M 14MMC City Clerk Resolution No. 24737 Page 6 RESOLUTION NO. 24737 EXHIBIT A Case 5.927 PDD 58 Amendment & Case 3.2451 MAJ Parker Palm Springs 4200 East Palm Canyon Drive March 19, 2020 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 Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Cases 5.927 PDD 58 Amendment and 3.2451 MAJ, except as modified the conditions below. ADM 2. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 3. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 4. Indemnification. The owner, lessee, applicant and successors and assigns (collectively "applicant") 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 Cases 5.927 PDD 58 Amendment and 3.2451 MAJ. 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 Resolution No. 24737 Page 7 City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 5. Termination of Proceedings. If the owner of owners of the property in the Planned Development District have not commenced construction within twelve (12) months from the date of the approved final development plan as approved by the Planning Commission, the Planned Development District shall be subject to revocation/repeal by the Planning Commission after holding a noticed public hearing. The Planning Commission may extend the twelve (12) month period required for commencing construction in accordance with the application procedures and criteria listed in Section 94.12.00. ADM 6. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05. Permits will not be issued until the appeal period has concluded. ADM 7. Effectiveness of Resolution. Approval of Case 3.2451 MAJ is contingent upon approval of Case 5.927 PDD 58 AMENDMENT. PLANNING DEPARTMENT CONDITIONS PLN 1. Compliance with City Noise Ordinance. All activities that take place on the premises shall fully comply with the provisions of Chapter 11.74 (Noise Ordinance) of the Palm Springs Municipal Code. Such activities shall not exceed the maximum allowable noise level stated below: PLN 2 PLN 3. Ordinance Time of Day Ordinance dBA Limits 7:00 AM to 6:00 PM 60 6:00 PM to 10:00 PM 55 10:00 PM to 7:00 AM 50 Off -Street Parking. Off-street parking shall be provided in accordance with a Specific Parking Plan. Outside Storage Prohibited. No outside storage of any kind shall be permitted. Resolution No. 24737 Page 8 PLN 4. Exterior Alterations. Any exterior alterations to the property shall be subject to Minor Architectural Review (MAA) in accordance with Palm Springs Zoning Code Section 94.04.00 ("Architectural Review"). PLN 5. Nonconforming Off -Street Parking. Pursuant to Palm Springs Zoning Code Section 93.06.00(B)(3)(a), the hotel use shall not be expanded or intensified without providing the code -required off-street parking spaces or an amendment to the Specific Parking Plan. PLN 6. Loading. No loading shall be allowed on the adjacent streets. PLN 7. Architectural Design. The final architectural design of Building J, K, L, and M shall be compatible with other existing and proposed buildings. PLN 8. Parking Lot Design. The off-street parking lot configurations for the west and east parking lots shall fully conform to the applicable zoning and Fire Department regulations and standards. PLN 9. Sign Application Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Palm Springs Zoning Code Section 93.20.00. PLN 10. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of hillsides is permitted. PLN 11. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00 and Chapter 11.06) of the Palm Springs Municipal Code and all other relevant water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the City's Water Efficient Landscape Ordinances. PLN 12. Screen Roof -mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93,03.00 of the Zoning Ordinance. Resolution No. 24737 Page 9 PLN 13. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 14. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 15. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems PLN 16. Pedestrian Gates. The pedestrian gates along the Linden Way frontage shall remain locked and operable by key card only. PLN 17. Food Service. Food service at Parker Hall shall be limited to hotel guests/event guests only, and shall not be offered or available to the general public. PLN 18. Amplified Sound. No amplified sound shall be permissible in the outdoor areas of the Parker Hall property. PLN 19. Driveway and Parking Lot Design. Turning radii of driveways and parking lot aisle widths shall conform to minimum code requirements, and shall be reviewed and approved by the Department of Engineering Services and the Fire Department. PLN 20. Landscaping. Landscaping in the public right-of-way along the frontage of the property shall conform to the landscape plan as reviewed and approved by the Architectural Advisory Committee. PLN 21. Trucks and Service Vehicles. Commercial trucks used to service the hotel property shall be prohibited from parking along the Cherokee Way, Seven Lakes Drive, and Linden Way frontages. PLN 22. Development Standards. The following development standards shall apply to PDD 58: Development Standards PDD 58 Minimum Setbacks: • Front (Cherokee Way) 73.7 Feet • Front (Linden Way) 42.6 Feet • Front (Seven Lakes) 25 Feet • Front(Existing Development) 275 Feet Maximum Building Height Two 2 -Stories, 30 Feet Maximum Lot Coverage 19.8% Minimum Open Space 61 % Resolution No. 24737 Page 10 PLN 23. Emergency Vehicle Access. The use of the required emergency Fire Department access shall be limited to emergency vehicle access only. The driveway shall be gated, and it shall be designed to block any glare created by the vehicles parked in the east parking lot. BUILDING DEPARTMENT CONDITIONS The Following Standard Building & Safety Conditions of Approval Are Applicable to This Project: General Conditions BLDG 1. Shall comply with the latest adopted edition of the following codes as applicable: A. California Building Code B. California Electrical Code C. California Mechanical Code D. California Plumbing Code E. California Energy Code F. California Fire Code G. California Green Building Standards Code BLDG 2. Automatic fire suppression systems shall be installed in all new construction per Article VI of Chapter 8.04 of the Code of the City of Palm Springs. Design and type of system shall be based upon the requirements of the Building and Fire Codes and the requirements of the Palm Springs Fire Department. BLDG 3. The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if dusts and/or pollutants will be discharged into the atmosphere. BLDG 4. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code. BLDG 5. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case by case basis for extenuating circumstances. BLDG 6. All lot lines, easement lines, etc. shall be located and/or relocated in such a manner as to not cause any existing structure to become non -conforming with Resolution No. 24737 Page 11 the requirements of the latest adopted edition of the Building Code, or any other applicable law, ordinance, or code. BLDG 7. The Tract or Parcel map (if applicable) shall record prior to the issuance of any building permits. BLDG 8. All signs shall be Underwriters Laboratories approved, or equal. BLDG 9. Permits are required prior to the removal and/or demolition of structures. BLDG 10.In addition to approval from Building & Safety, approval is required from the County of Riverside, Department of Public Health for public swimming pools and spas and for occupancies involving foods and beverages. BLDG 11.All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties. PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS BLDG 12.The following items (as applicable) shall be completed and/or submitted to Building & Safety prior to the issuance of building permits for this project: A. Precise grading plans shall be approved B. Rough grading completed C. Compaction certification D. Pad elevation certification E. Rough grade inspection signed off by a City Engineering/Public Works Inspector BLDG 13. The existing parcels shall be combined into a single parcel, or a lot line adjustment shall be done so that the proposed structure(s) does not cross any lot line and complies with all requirements of the California Building Code, prior to any building permits being issued. Specific Comments (NOTE: THESE COMMENTS ARE NOT CONDITIONS): 1. Prior to plan check submittal, please verify setbacks from building to building and to property lines. Verify requirements for openings and fire -resistive exterior walls. 2. Prior to plan check submittal, verify the site and buildings or structures comply with State and Federal disabled access requirements. 3. Please be aware that a Construction Waste Management Plan (CWMP) will be required at time of plan check submittal. 4. For more information related to Building & Safety, please visit our web page at Resolution No. 24737 Page 12 http://www.palmspringsca.gov/government/departments/building. DEPARTMENT OF ENGINEERING SERVICES CONDITIONS The Engineering Services Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. ENG 3. The Engineering Services Department recommends deferral of off -site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits CHEROKEE WAY ENG 4. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located 205 feet from the centerline of Seven Lakes Drive. Resolution No. 24737 Page 13 ENG 5. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 6. Construct a Type B curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of Cherokee Way and Seven Lakes Drive in accordance with City of Palm Springs Standard Drawing No. 213. ENG 7. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 8. All broken or off grade street improvements along the project frontage shall be repaired or replaced. SEVEN LAKES DRIVE ENG 9. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 10. All broken or off grade street improvements along the project frontage shall be repaired or replaced. LINDEN WAY ENG 11. Construct three (3) 24 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approaches shall be located (in order) 132 feet, 272 feet and 335 feet from the centerline of Seven Lakes Drive. ENG 12. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 13. Construct a Type B curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of Linden Way and Seven Lakes Drive in accordance with City of Palm Springs Standard Drawing No. 213. ENG 14. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 15. All broken or off grade street improvements along the project frontage shall be repaired or replaced. EAST PALM CANYON DRIVE Resolution No. 24737 Page 14 ENG 16. Construct a 14-feet wide raised, landscaped median island as specified by the City Engineer from Cherokee Way to Linden Way. Provide left turn pockets as required and allowed by the City Engineer. The median nose width shall be constructed 4 feet wide and shall have stamped concrete. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. "Deferred'. ENG 17. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Parks and Recreation. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the median landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. "Deferred' ENG 18. All median landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any landscaping that fails during the one year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. "Deferred' ENG 19. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed curb (both sides) of the median island in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross -sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. "Deferred' ENG 20. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ON -SITE ENG 21. The minimum pavement section for all on -site pavement (drive aisles, parking spaces) shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California Resolution No. 24737 Page 15 registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 22. On -site drive aisles or parking lots shall be constructed with curbs, gutters, and cross -gutters, as necessary to accept and convey street surface drainage of the on -site streets to the on -site drainage system, in accordance with applicable City standards. SANITARY SEWER ENG 23. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING ENG 24. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the Resolution No. 24737 Page 16 associated Hydrology Study/Report; a copy of the project -specific Final Water Quality Management Plan. ENG 25. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI-THPO(a_aguacaliente. net to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENG 26. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 27. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on -site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022, Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 28. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 29. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post -construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project -specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post -Construction Management Plan. A copy of the up-to- date SWPPP shall be kept at the project site and be available for review upon request. Resolution No. 24737 Page 17 ENG 30. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 31. A Geotechnical/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 Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan. (if required) ENG 32. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided even though there may not be a grading plan for the project. Prior to issuance of Building Permits. ENG 33. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan (if required), to the Engineering Services Department for review and approval. ENG 34. In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-782-3271). WATER QUALITY MANAGEMENT PLAN ENG 35. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre -treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility Resolution No. 24737 Page 18 to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre -treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on -site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 36. A Final Project -Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 37. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County -Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project -Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project -Specific WQMP include: requiring the implementation of the Final Project -Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project -Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. ENG 38. Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project - Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project -Specific WQMP are available for the future owners (where applicable). DRAINAGE Resolution No. 24737 Page 19 ENG 39. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on -site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On -site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on -site retention. ENG 40. The project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. The acreage drainage fee at the present time is $8138.43 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 41. 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. ENG 42. The record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 43. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 44. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting Resolution No. 24737 Page 20 of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 45. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as -built" information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 46. 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 u_' ENG 47. The existing parcels identified by Assessor's Parcel Number 681-150-002 and 009 shall be merged, or otherwise, a Lot Line Adjustment shall be perfected to relocate the property line common to the two parcels to comply with applicable planning and building codes related to the setback of any structures to the property line. An application for a Parcel Merger (or Lot Line Adjustment) shall be submitted to the Engineering Services Department for review and approval. A copy of a current title report and copies of record documents shall be submitted with the application. The application shall be submitted to and approved by the City Engineer prior to issuance of a building permit. TRAFFIC ENG 48. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property. ENG 49. Construction signing, lighting and barricading shall be provided during all phases of construction 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 Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. Resolution No. 24737 Page 21 ENG 50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. ENG 51. The implementation of traffic calming measures may be considered by the Department of Engineering Services upon verifying that such measures are necessary. The Department of Engineering Services shall take the following actions for traffic calming improvements within the vicinity of the hotel property: a. The City shall investigate the installation of speed monitoring signs on Seven Lakes Drive; b. The City shall investigate the installation of stop signs at adjacent intersections if warrants are met; C. The City shall investigate the implementation of a preferential on - street parking program for residents; and d. The City shall study the possibility of a left -turn only exit from the western -most driveway of the Parker Hall property. ENG 52. The applicant shall be required to fund the cost of providing angled parking along the Cherokee Way frontage of the property, subject to a determination by the City Engineer that angled parking is feasible. FIRE DEPARTMENT CONDITIONS FIRE 1. These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. FIRE 2. Fire Department Conditions were based on the 2016 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "O" Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for fire sprinkler system plans, underground water improvement plans, & fire alarm plans must be submitted prior to a building permit being released. FIRE 3. Conditions of Approval — "Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. FIRE 4. Plans and Permits (CFC 105.1): Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of Resolution No. 24737 Page 22 drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM — 6:00 PM, Monday — Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FIRE 5. Access During Construction (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs. FIRE 6. Required access (CFC 504.11 Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. FIRE 7. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where Resolution No. 24737 Page 23 immediate access is necessary for life-saving or fire -fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official. FIRE 8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. FIRE 9. NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required. 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 13, 2016 Editions, as modified by local ordinance. FIRE 10. Fire Alarm System Required: An automatic or manual fire alarm system is required. Only a C-10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance. FIRE 11. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. FIRE 12. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus. FIRE 13. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering " NO PARKING FIRE LANE", or by approved signage, or by both red curb with lettering and signage. FIRE 14. Secondary Access: Shall be provided for all developments with 30 or more dwelling units. Resolution No. 24737 Page 24 FIRE 15. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. FIRE 16. Private Fire Hydrants: Additional private hydrants will be required. FIRE 17. Security Gates: A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar Strobeswitch TM, or approved equal, and an approved Knox key switch when required by the fire code official. Secured non - automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of % inch) when required by the fire code official. END OF CONDITIONS