HomeMy WebLinkAbout24634RESOLUTION NO. 24634
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A GENERAL
PLAN AMENDMENT TO CHANGE THE LAND USE
DESIGNATION FROM ESTATE RESIDENTIAL (ER) TO
MEDIUM DENSITY RESIDENTAL (MDR) FOR A PORTION
OF THE PROPERTY; ADOPTION OF A NEGATIVE
DECLARATION PER CEQA; AND A CONDITIONAL USE
PERMIT TO ALLOW THE SITE TO OPERATE AS A SIX (6)
UNIT HOTEL WITH KITCHENS, LOCATED AT 137 SOUTH
TAHQUITZ DRIVE, ZONE R-3, APN 513-580-082.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Johnston Family Trust, (DBA: Colony 29) ("Applicant") has filed an application with
the City pursuant to the Sate of California Government Code Sections 65350-65362
for a General Plan Amendment to change the land use designation from Estate
Residential to Medium Density Residential; Section 94.02.00 of the Palm Springs
Zoning Code (PSZC) for a Conditional Use Permit to allow six (6) hotel units to contain
kitchens at Colony 29 located at 137 South Tahquitz Drive, zone R-3, Section 15.
B. On April 24, 2018 and May 8, 2019, the Planning Commission held a public hearing
on the application to consider Cases 5.1426 GPA and CUP in accordance with
applicable law, and after carefully review and consideration of all evidence presented
in connection with the hearing on the matter, including but limited to the staff report,
and all written and oral testimony presented and voted 5-0-2 to recommend approval
to the City Council.
C. A notice of public hearing of the City Council of the City of Palm Springs to consider
Case 5.1426 GPA & CUP was given in accordance with applicable law.
D. On June 19, 2019, the City Council held a public hearing to consider Case 5.1426
GPA & CUP in accordance with applicable law.
E. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the meetings on the proposed project, including but not
limited to the staff report, and all written and oral testimony presented and finds that
the proposed project complies with the requirements of Section 94.02.00 of the Palm
Springs Zoning Code (Conditional Use Permit) and Section 65350-65362 of the State
of California Government Code.
F. Pursuant to State of California Governmental Code Sections 65350 — 65362, the
City Council finds as follows: although there are no specific findings for a General Plan
Amendment, the City Council has evaluated the requested GPA based upon the
following:
Resolution No. 24634
Page 2
• Compatibility of the proposed use with adjacent land uses
• Development patterns of the neighborhood.
• Potential adverse impacts to existing or future development in the vicinity.
Findings of Compatibility of the proposed land use designation with existing adjacent
land uses.
The project site located in the Historic Tennis Club neighborhood which is a diverse
mix of single-family residence, apartments, small hotels, and condominium units. The
immediate area adjacent to the Colony 29 site is surrounded by a variety of existing
land uses that are generally harmonious with the proposed hotel. The General Plan
Amendment would place a consistent land use designation for the property under one
ownership and operate as a hotel and not a vacation rental/event house. Small hotels
of six (6) units or larger are currently located in the immediate vicinity and the
amendment would be compatible with adjacent uses.
Findings of consistency with development patterns in the neighborhood.
The requested change in land use from ER to MDR is consistent with development
patterns, goals and policies of the General Plan for the City's vision of a vibrant
neighborhood that is pedestrian -oriented with a mix of commercial and residential
uses. The MDR land use designation is consistent with abutting properties to the
south of the subject lot. Of significance is the site's proximity to the Central Business
District (CBD) which is within a short walking distance. Residents of the hotel will have
access to restaurants, shopping, entertainment, and grocery items within the village
center. The small hotel use is consistent with development patterns in the immediate
vicinity.
Potential adverse impacts to existing or future development in the area.
The General Plan Amendment proposes a change for a portion of the Colony 29 site
from Estate Residential (ER) to Medium Density Residential (MDR) to allow a hotel
use. The property has been operating as a vacation rental/event house for several
years and the proposed amendment will not alter the current operation. To evaluate
the potential impacts of the General Plan Amendment, an Initial Study was conducted
that reviewed traffic, noise, air quality, and land use. This study determined that the
proposed amendment along with the existing operation would result in no impacts or
less than significant impacts on the surrounding area. A Negative Declaration under
the California Environmental Quality Act (CEQA) has been prepared and the proposed
amendment will not create potential adverse impacts to existing or future development
in the area.
G. Pursuant to Section 94.02.00 of the Palm Springs Zoning Code for review of a
Conditional Use Permit the following findings can be made:
a. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this Zoning
Code.
Resolution No. 24634
Page 4
e. That the conditions to be imposed and shown on the approved site
plan are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards.
The proposal is to allow the existing six (6) hotel units to contain kitchens.
Conditions of Approval have been included in the attached Exhibit A to ensure that
the use operates in a manner which protects the public health, safety and general
welfare and protect the historic resource. These conditions include compliance
with the City's Zoning Ordinance and other necessary requirements.
H. Pursuant to Section 15063 of the California Environmental Quality Act (CEQA)
Guidelines, an Environmental Initial Study was prepared and circulated to interested
parties for a 20-day review period. The CEQA Initial Study determined that there will
be no significant impacts on the environment with the approval of the General Plan
Amendment and the adoption of a Negative Declaration will satisfy the CEQA
analysis.
ADOPTED THIS 19T" DAY OF JUNE, 2019.
David H. Ready, Es
City Manager
ATT
moony J. N�ejid,
City Clerk I
Resolution No. 24634
Page 3
Section 92.03.01(C)(7) of the Palm Springs Zoning Code (PSZC) allows hotels
with more than ten (10%) percent of the guest rooms containing kitchen facilities
within the R-2 zone with the approval of a CUP. The Colony 29 site as proposed
is a six (6) unit boutique hotel comprised of a large main house and associated
cottages all units with kitchens. The approval of the CUP will allow the hotel use to
comply with the PSZC and not require kitchens to be removed from the structures
b. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements of 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 approval of the CUP to allow six (6) units with kitchens will permit the business
to operate as a boutique hotel. The presence of kitchens in the rooms will provide
casual cooking facilities for visitors. The existing structures built in the 1920's are
in the R-2 zone and conform to all applicable development standards. Other
properties located within the Historic Tennis Club neighborhood are comprised of
multi -family residences and small hotels. The purpose of the Conditional Use
Permit is to allow kitchens in the units which will not be detrimental to existing uses
or future uses specifically permitted in the R-2 zone.
C. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping, and other features required in order to adjust such use to those
existing or permitted future uses of land in the neighborhood.
The Colony 29 site is an existing vacation rental/event house that provides a
private and exclusive setting for guests of wedding and special gatherings. There
are no physical changes proposed for the site which currently meets the
development standards of the R-2 zone. The existing foot print of the structures
will not be altered and the density of the site will be consistent with the Medium
Density Residential land use designation. The project as presented will meet this
finding, therefore, the site is adequate in size and shape to accommodate the
proposed use.
d. That the site for the proposed use relates to streets and highways
properly designed and improved to carry the type and quantity of traffic to
be generated by the proposed use.
The project site is located at the terminus of South Tahquitz Drive and is gated to
provide privacy for guests and visitors. The site has nine (9) off -site parking spaces
plus an overflow area used for event production which can be used by hotel guests
meeting the requirement of the PSZC. Ancillary activities associated with a hotel
such as weddings and gatherings will be accommodated through guests arriving
via ride share and taxis with no on -site parking. A Negative Declaration was
prepared meeting the requirements of CEQA which stated that no significant
impact to the environment will result from the hotel and permitted ancillary activities
and the finding has been met.
Resolution No. 24634
Page 5
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS)
I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24634 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 the 19th day of June, 2019, by
the following vote:
AYES:
Councilmembers Holstege, Middleton, Roberts, and Mayor Moon
NOES:
None
ABSENT:
Mayor Pro Tem Kors
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 -3 2U r !�j
Arfthony J
City Clerk
Resolution No. 24634
Page 6
RESOLUTION NO. 24634
EXHIBIT A
Case 5.1426 GPA & CUP
Colony 29
137 South Tahquitz Drive
June 19, 2019
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 Case 5.1426
GPA & CUP; for a General Plan Amendment and Conditional Use Permit.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped March 13, 2019, including
site plans, architectural elevations, exterior materials and colors, landscaping,
and grading on file in the Planning Division except as modified by the approved
Mitigation Measures and conditions below.
ADM 3. 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 4. 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 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City
of Palm Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or employees
to attach, set aside, void or annul, an approval of the City of Palm Springs, its
legislative body, advisory agencies, or administrative officers concerning Case
5.1426 GPA & CUP. The City of Palm Springs will promptly notify the applicant
of any such claim, action, or proceeding against the City of Palm Springs and
Resolution No. 24634
Page 7
the applicant will either undertake defense of the matter and pay the City's
associated legal costs or will advance funds to pay for defense of the matter by
the City Attorney. If the City of Palm Springs fails to promptly notify the
applicant of any such claim, action or proceeding or fails to cooperate fully in
the defense, the applicant shall not, thereafter, be responsible to defend,
indemnify, or hold harmless the City of Palm Springs. Notwithstanding the
foregoing, the City retains the right to settle or abandon the matter without the
applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an
adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including and
without limitation all structures, sidewalks, bikeways, parking areas, landscape,
irrigation, lighting, signs, walls, and fences between the curb and property line,
including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the property
owner's sole expense. This condition shall be included in the recorded
covenant agreement for the property if required by the City.
ADM 7. 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
2.05.00. Permits will not be issued until the appeal period has concluded.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) not required. The site is a
previously improved and developed site and is therefore exempt from payment
of the CVMSHCP LDMF.
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the action
with the County Recorder shall be submitted by the applicant to the City in the
form of a money order or a cashier's check payable to the Riverside County
Clerk prior to the final City action on the project (either Planning Commission
or City Council determination). This fee shall be submitted by the City to the
County Clerk with the Notice of Determination. Action on this application shall
not be final until such fee is paid. The project may be eligible for exemption or
refund of this fee by the California Department of Fish & Game. Applicants
may apply for a refund by the CFG at www.dfq.ca.gov for more information.
Resolution No. 24634
Page 8
ENV 3. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any construction
related excavation, an Archaeologist qualified according to the Secretary of the
Interior's Standards and Guidelines, shall be employed to survey the area for
the presence of cultural resources identifiable on the ground surface.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Unit Count. Colony 29 is permitted to operate a six (6) unit hotel with kitchens
in each unit. There shall be no increase in number of units unless an
amendment to the CUP is approved.
PLN 2. Events. This CUP acknowledges that special events which are a normal activity
of a hotel such as weddings, meetings, and social gatherings is permitted within
the parameters of these Conditions of Approval.
PLN 3. Hours of Operation. Special events which occur outdoors shall be limited
between the hours of 9:00 AM and 10:00 PM, seven (7) days a week. Any
deviation from these hours shall require an amendment to the CUP. These
hours also pertain to event set-up and tear down.
PLN 4. Event Breakdown: Event breakdown (or teardown) shall be limited to Monday
through Friday between the hours of 8:00 am and 5:00 pm.
PLN 5. Parkin-g. A total of nine (9) parking spaces shall be identified for the exclusive
use by hotel guests. Additional spaces shall be made available in an overflow
area identified on the site plan. There shall be no event parking for guests not
staying at the hotel. All special event guests shall arrive via ride share, taxis,
or shuttles. Parking for event staff and production vehicles shall be permitted
and located in designated area on the east end of the property.
PLN 6. Street Parking. There shall be no event -related street parking permitted in the
immediate Historic Tennis Club Neighborhood.
PLN 7. Planning Commission Review: The Planning Commission shall review the
Conditional Use Permit at a public hearing in twelve (12) months from the
effective date of the General Plan Amendment approval.
PLN 8. Noise Attenuation Measures.
a. The applicant shall be required to install a noise monitoring system (RION
NL-42 or similar) capable of monitoring sound levels at the property lines
adjacent to the event space. The noise monitoring system shall be in
place one (1) hour prior to each event and shall remain in place for a
minimum of one (1) hour after the event has concluded. The noise
monitoring station shall provide the following minimum specifications:
Resolution No. 24634
Page 9
• The system shall be capable of monitoring noise once each second
throughout the event;
• The system shall be capable of logging data to internal or external
memory for reporting purposes;
• The sound level meter shall satisfy the American National Standards
Institute (ANSI) standard specifications for sound level meters ANSI
S1.4-2014/IEC 61672-1:2013;
• The sound level meter shall be calibrated at the manufacturer's
recommended regular interval;
• In the event of a noise complaint, the Project Applicant shall provide
noise level measurement data to the City of Palm Springs for the
event during which the complaint was made. The data shall be
provided to the City by the Applicant immediately for review at the
City's discretion.
b. In addition to the permanent noise -monitoring solution described above, a
sound level limiter shall be installed as a part of the music/sound system to
actively enforce the noise level limits when the music/sound system is in
use. The sound level limiter must demonstrate the ability to limit the Project
operational noise levels at the source result in satisfactory noise levels
below the limits in the City's noise ordinance. The limiters associated with
the sound system shall be preset and the DJ or operator of the sound
system shall not have the ability to override or bypass such limiters.
C. Subwoofers are not to be included in the outdoor amplified music/sound
system.
d. The speakers for the sound system shall be oriented inward and downward
on the site so as to minimize sound impacts on adjacent properties.
PLN 9. Any change that reduces the hours of operation for any of the uses permitted
herein may be made without further amendment to the use permit(s) granted
herein, however any change that expands the hours of operation beyond those
listed here would require an amendment to the conditions and be approved by
the Planning Commission.
PLN 10. Outside Storage Prohibited. No outside storage of any kind shall be permitted
except as approved as a part of the proposed plan.
PLN 11. Inspections. The Palm Springs Police Department (PSPD) may conduct site
inspections at any time during an event. The operator shall work closely with
Resolution No. 24634
Page 10
PSPD to amicably resolve any noise, lighting, or other nuisance complaint
received during an event.
PLN 12. Bicycle Parking. The project shall be required to provide secure bicycle parking
facilities on site for use by hotel, event guests and employees. Location and
design shall be approved by the Director of Planning.
Condition imposed by the Planning Commission:
PLN 13. Sound wall to be in place during events that require amplification of voice or
music.
Condition revised by City Council:
PLN 14. Noise Level Limits. There shall not be any exemptions from the PSMC Chapter
11.74 ("Noise Ordinance"). Measurement of noise shall be consistent with
decibel levels as stated in Chapter 11.74.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
General Conditions
BLDG 1. Shall comply with the latest adopted edition of the following codes as
applicable:
A. California Building Code
B. California Residential Code
C. California Electrical Code
D. California Mechanical Code
E. California Plumbing Code
F. California Energy Code
G. California Fire Code
H. 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
Resolution No. 24634
Page 11
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. Any temporary building, trailer, commercial coach, etc. installed and/or used in
connection with a construction project shall comply with City Code.
BLDG 4. 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 5. 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
the requirements of the latest adopted edition of the Building Code, or any other
applicable law, ordinance, or code.
BLDG 6. The Tract or Parcel map shall record prior to the issuance of any permits.
BLDG 7. All signs shall be Underwriters Laboratories approved, or equal.
BLDG 8. Permits are required prior to the removal and/or demolition of structures.
BLDG 9. 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 10. The conversion of the existing single family dwelling(s) into a commercial or
multi -family use changes the occupancy group classification, and therefore, the
existing buildings must be made to comply with the requirements of all
applicable codes for the new occupancy classification. Complete plans,
calculations and other specifications shall be submitted to Building & Safety for
review, approval and subsequent permit issuance. The plans, calculations and
other specifications shall be prepared by an Architect or Registered
Civil/Structural Engineer licensed by the State of California who is qualified to
perform said work.
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 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.
Resolution No. 24634
Page 12
Specific Comments (NOTE: THESE COMMENTS ARE NOT CONDITIONS!):
1. Please be aware that a Construction Waste Management Plan (CWMP) will be
required at time of plan check submittal.
2. For more information related to Building & Safety, please visit our web page at
http://www.palmspringsca.gov/government/departments/building.
Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
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.
TAHQUITZ DRIVE
ENG 2. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
ON -SITE
ENG 3. The on -site layout of drive aisles and parking spaces is subject to further
review and approval by the City Engineer. Adjustment of proposed
street alignments, and deletion or relocation of proposed parking spaces
may be required during review and approval of construction plans for
on -site improvements, as required by the City Engineer. Approval of the
preliminary site plan does not constitute approval of the on -site layout of
streets and parking spaces as proposed.
ENG 4. The minimum pavement section for all on -site pavement for drive aisles
and 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
Resolution No. 24634
Page 13
designed by a California registered Geotechnical Engineer using "R"
values from the project site and submitted to the City Engineer for
approval.
ENG 5. On -site drive aisles and parking lot 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.
ENG 6. SANITARY SEWER
ENG 7. All sanitary facilities shall be connected to the public sewer system.
The existing sewer service to the property shall be used for new
sanitary facilities. New laterals shall not be connected at manholes.
GRADING
ENG 8. Submit a Precise Grading and Paving 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.
Resolution No. 24634
Page 14
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
associated Hydrology Study/Report; a copy of the project -specific Final
Water Quality Management Plan.
ENG 9. 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
orthe Tribal Archaeologist at ACBCI-THPO@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 10. 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 11. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall be
adequately anchored into the ground to resist wind loading.
ENG 12. 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 13. 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
Resolution No. 24634
Page 15
or more) at the time of issuance of grading permit for mitigation measures
for erosion/blowsand relating to this property and development.
ENG 14. 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) or prior to
issuance of any permit.
ENG 15. Subject to the Planning Commission's waiver of standard parking lot design
as required by Section 93.06.00 of the Zoning Code, if waived, the parking
lot shall be constructed to satisfy the Coachella Valley PM-10 State
Implementation Plan regulations. All parking areas and travelways shall be
treated with a permanent soil stabilizer after completion of grading, and a
minimum of 2 inches of clean, washed gravel placed and thickness
compacted onto the stabilized subgrade.
ENG 16. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant
Project, applicants for grading permits involving a grading plan and involving
the export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an
approved "Notification of Intent To Move Soil From or Within Quarantined
Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1)
prior to approval of the Grading Plan (if required). The California
Department of Food and Agriculture office is located at 73-710 Fred Waring
Drive, Palm Desert (Phone: 760-776-8208).
WATER QUALITY MANAGEMENT PLAN
ENG 17. 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 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
Resolution No. 24634
Page 16
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 18. 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 19. 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.
DRAINAGE
ENG 20. All stormwater runoff across the property shall be accepted and conveyed
in a manner acceptable to the City Engineer and released to an approved
drainage system. Stormwater runoff may not be released directly to the
adjacent streets without first intercepting and treating with approved Best
Management Practices (BMPs).
ENG 21. 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
Resolution No. 24634
Page 17
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 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.
GENERAL
ENG 22. 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 23. All proposed utility lines shall be installed underground.
ENG 24. The record property owner shall enter into a covenant agreeing to
underground all 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 25. 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 26. 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 of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII
drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Resolution No. 24634
Page 18
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 27. 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.
MAP
ENG 28. The existing parcels identified as APN # 513-580-001, 513-580-002,
513-580-049, 513-580-050, 513-580-051, 513-580-070, 513-580-081,
513-580-082, shall be merged. An application for a parcel merger 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 for the parcel merger. The
application shall be submitted to and approved by the City Engineer prior
to issuance of building permit.
TRAFFIC
ENG 29. This property is subject to the Transportation Uniform Mitigation Fee
which shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
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. Initial Fire Department conditions have been
determined from the plans stamped received September 19, 2017. Additional
requirements may be required at that time based on revisions to site plans.
Fire Department Conditions are 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 private fire service mains, fire
alarm, or fire sprinkler systems must be submitted at time of the building plan
submittal. No deferred submittals accepted.
Resolution No. 24634
Page 19
PLANS AND PERMITS
Complete plans for private fire service mains or fire sprinkler systems should
be submitted for approval well in advance of installation. Plan reviews can
take up to 20 working days. Submit a minimum of three (3) sets of 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. Inspection fees are charged at the fully burdened hourly rate of the
fire inspector. 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.
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 Apparatus Access Roads (CFC 503.1.1): Approved fire apparatus
access roads shall be provided for every facility, building or portion of a building
hereafter constructed or moved into or within the jurisdiction. The fire apparatus
access road shall comply with the requirements of this section and shall extend
to within 150 feet of all portions of the facility and all portions of the exterior
walls of the first story of the building as measured by an approved route around
the exterior of the building or facility.
Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet except for approved security gates
Resolution No. 24634
Page 20
in accordance with Section 503.6 and an unobstructed vertical clearance of
not less than 13 feet 6 inches.
Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW)
and shall be surfaced to provide all-weather driving capabilities.
Turning radius (CFC 503.2.4): Fire access road turns and corners shall be
designed with a minimum inner radius of 25 feet and an outer radius of 43
feet. Radius must be concentric.
Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be
prohibited unless approved by the fire code official.
Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire code official. Where
security gates are installed, they shall have an approved means of emergency
operation. Secured automated vehicle gates or entries shall utilize a
combination of a Tomar StrobeswitchT"', or approved equal, and an approved
Knox key electric switch. Electric gate operators, where provided, shall be
listed in accordance with UL 325. Gates intended for automatic operation shall
be designed, constructed and installed to comply with the requirements of
ASTM F 2200 and an approved Knox key electric switch. Approved security
gates shall be a minimum of 14 feet in unobstructed drive width on each side
with gate in open position.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without
the use of special knowledge or any equipment. If a two -gate system is used,
the override switch must open both gates.
If there is no sensing device that will automatically open the gates for exiting,
a fire department approved Knox electrical override switch shall be placed on
each side of the gate in an approved location.
A final field inspection by the fire code official or an authorized representative
is required before electronically controlled gates may become operative. Prior
to final inspection, electronic gates shall remain in a locked -open position.
Key Box Required (CFC 506.1): Where access to or within a structure or an
area is restricted because of secured openings or where 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.
Resolution No. 24634
Page 21
Required Water Supply (CFC 507.1): An approved water supply capable of
supplying the required fire flow for fire protection shall be provided to
premises upon which facilities, buildings or portions of buildings are hereafter
constructed or moved into or within the jurisdiction.
Water Plan (CFC 501.3 & 901.2): A water plan for on -site and off -site is
required and shall include underground private fire main for fire sprinkler
riser(s), public fire hydrant(s), public water mains, Double Check Detector
Assembly, Fire Department Connection and associated valves.
Operational Fire Hydrant(s) (CFC 507.1, 507.5 & C105.1): An approved
water supply capable of supplying the required fire flow for fire protection shall
be provided.
Maximum distance from any point on street frontage to a public hydrant — 250
feet
Operational fire hydrant(s) shall be installed within 250 feet of all combustible
construction and shall be serviceable prior to and during construction
FID 13 NFPA 13R 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 13R, 2013 Edition, as modified by local ordinance.
Shall comply with Palm Springs Fire Code Appendix 0
Project Note: Buildings inaccessible for fire apparatus due to road grade
shall have additional alternate means of protection required such as: Design
increase for fire sprinkler systems, standpipes, fire hydrants and fire
department connections.
FID 14 Identification (CFC 509.1): Fire protection equipment shall be identified in an
approved manner. Rooms containing controls for air-conditioning systems,
sprinkler risers and valves, roof access, electrical rooms, or other fire detection,
suppression or control elements shall be identified for the use of the fire
department. Approved signs required to identify fire protection equipment and
equipment location, shall be constructed of durable materials, permanently
installed and readily visible.
FID 15 Fire Sprinkler Supervision and Alarms System (CFC 903.4/4.1): All valves
controlling the water supply for automatic sprinkler systems, pumps, tanks,
water levels and temperatures, critical air pressures and water -flow switches
on all fire sprinkler systems shall be electrically supervised by a listed Fire
Alarm Control Unit (FACU). The listed FACU alarm, supervisory and trouble
signals shall be distinctly different and shall be monitored at a UL listed
central station service. The fire sprinkler supervision and alarms system shall
comply with the requirements of NFPA 72, 2013 Edition. All control valves
shall be locked in the open position.
Resolution No. 24634
Page 22
FID 16 Residential Smoke and Carbon Monoxide Alarms Installation (CFC
907.2.11.2/3/4; CRC R314 & R315; and California Health & Safety Code
17926): Provide and install Residential Smoke and Carbon Monoxide Alarms.
Alarms shall receive their primary power from the building wiring and shall be
equipped with a battery backup. In new construction, alterations, repairs and
additions, smoke and carbon monoxide alarms shall be interconnected. The
operation of any smoke alarm will cause all smoke alarms within the dwelling
to sound. The operation of any carbon monoxide alarm will cause all carbon
monoxide alarms within the dwelling to sound.
Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C
portable fire extinguisher for every 75 feet of floor or grade travel distance for
normal hazards. Show proposed extinguisher locations on the plans.
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet
above floor level. Preferred location is in the path of exit travel or near an exit
door.
FID 17 Hazardous Materials (CFC 5004.1): Storage of hazardous materials in
amounts exceeding the maximum allowable quantity per control area as set
forth in Section 5003.1 shall be in accordance with Sections 5001, 5003 and
5004. Storage of hazardous materials in amounts not exceeding the
maximum allowable quantity per control area as set forth in Section 5003.1
shall be in accordance with Sections 5001 and 5003. Retail and wholesale
storage and display of nonflammable solid and nonflammable and
noncombustible liquid hazardous materials in Group M occupancies and
Group S storage shall be in accordance with Section 5003.11.
Pool Chemicals — dedicated, compliant storage cabinets, rooms, or areas
required
Liquid Petroleum Gas (LPG) — dedicated, compliant storage cabinets,
rooms, or areas required
Project Note: Common area swimming pools shall have compliant Haz-Mat
storage room if chemicals are stored on site.
END OF CONDITIONS