HomeMy WebLinkAbout25084RESOLUTION NO. 25084
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DENYING THE APPEAL
BY 12 @ LAS PALMAS LLC AND UPHOLDING THE
DECISION OF PLANNING COMMISSION TO APPROVE
MAJOR DEVELOPMENT PERMIT, CONDITIONAL USE
PERMIT AND TENTATIVE TRACT MAP APPLICATIONS
FOR THE CONSTRUCTION OF A NON -GATED, 12-UNIT
MULTIPLE -FAMILY RESIDENTIAL DEVELOPMENT
CONSISTING OF FOR -SALE CONDOMINIUMS ON A 0.95-
ACRE SITE LOCATED AT 1424 CAMINO NORTE, CASE
NOS. 3.4289 MAJ/DP. 5.1554 CUP & TTM 38416.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. 12 @ Las Palmas LLC ("Applicant" and "Appellant") filed an appeal, pursuant to
Chapter 2.05 of the Municipal Code, of the Planning Commission's December 14, 2022
decision to conditionally approve a Major Development Permit (Case 3.4289 MAJ/DP),
Conditional Use Permit (Case 5.1554 CUP) and Tentative Tract Map (Case TTM
38416) for the construction of a residential development consisting of twelve for -sale
' condominiums on a 0.95-acre site located between Camino Norte and North Palm
Canyon Drive, west of the intersection of North Palm Canyon Drive and Camino Monte
Vista, addressed at 1424 Camino Norte, Zones C-1 and R-2 ("Project").
B. On December 14, 2022, the Planning Commission of the City of Palm Springs,
California, held a public hearing that was noticed to consider the Project applications,
Case Nos. 3.4389 MAJ/DP, 5.1554 CUP & TTM 38416, in accordance with applicable
law, accepted public comments on the item, considered all evidence presented and
unanimously approved Project application, subject to conditions. Included in these
conditions, among others, was Condition of Approval No. PLN 13:
PLN 13. Entry Gate. The entry gate shall be removed the plans and
the development shall remain ungated.
C. On December 21, 2022, the Applicant filed an appeal of the Planning
Commission's decision seeking the removal of Condition of Approval No. PLN 13 in
accordance with Chapter 2.05 of the PSMC. In their appeal letter, the Appellant stated
the grounds for his appeal as follows:
(a) Severe impact of no pates on quest parking. There are 3
guest parking spots on the inside of the community. Unauthorized use of
just one spot would reduce that parking by one-third. The adjacent
' landowner to the south has already been impacted by unauthorized
parking (see letter from adjacent property owner).
City Council Resolution No. 25084
Page 2
(b) Severe impact of no pates on internal traffic. Since the
internal street is essentially no more than a 150-foot private driveway with
hammer -head tum-around and no secondary exit, any errant traffic from
the adjacent community will create driveway congestion.
(c) No negative impact on outside traffic. The internal street is,
essentially, a 150-foot private driveway. Gating will not cut off any
potential thru traffic, nor will it cause any additional on -street parking
affecting the neighborhood outside of the gates.
D. The proposed Project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and has been determined to be
Categorically Exempt as a Class 32 exemption (In -Fill Development Project) pursuant to
Section 15332 of the CEQA Guidelines. The following analysis supports this
determination:
(a) The project is consistent with the applicable general plan designation
and all applicable general plan policies as well as with applicable zoning
designation and regulations.
The General Plan Land Use map designates the site as Mixed Use/Multi-
Use (MU) on its westerly half and High Density Residential (HDR) on its easterly
half. The Land Use Element permits multi -family residential development in these '
designations with a density of up to 15 units per acre in the MU designation and
15 to 30 units per acre in the HDR designation. Thus, the 0.95-acre site permits a
density range of 9-23 units and the proposed project is 12 multi -family residential
condominiums. The project complies with the development standards as
analyzed in this report.
(b) The proposed development occurs within city limits on a project site of
no more than rive acres substantially surrounded by urban uses.
The project occurs within the City of Palm Springs limits on a 0.95-acre
site. The property is immediately surrounded by an office building and residential
development.
(c) The project site has no value as habitat for endangered, rare or
threatened species.
The site is located within the Coachella Valley Multiple Species Habitat
Conservation Plan (MSHCP), but not located within a defined conservation area.
Therefore, the site has no value as habitat for endangered, rare or threatened
species, and the project will be subject to the Local Development Mitigation Fee.
(d) Approval of the project would not result in any significant effects I
relating to traffic, noise, air quality, or water quality.
City Council Resolution No. 25004
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' There will be nominal increases to vehicles miles travelled (VMT) and
traffic as a result of the project. As a 12-unit residential condominium
development, the project generates less than 110 daily vehicle trips and will not
result in any significant impacts on VMT, according to the City's Traffic Impact
Analysis Guidelines. The traffic increases will not impact levels of service to the
surrounding roadway network, nor generate significant effects to air quality as a
result.
Like all development projects, the project will comply with the City's
limitation on construction hours, which will minimize hours of short-term noise
impacts. The long-term operational noise must also comply with the City's noise
ordinance. As a result of these measures, the project will not result in any
significant noise effects.
The development is required to connect to the sanitary sewer system,
resulting in the diversion of all waste water to the City's central treatment facility.
The project is also conditioned to submit a Water Quality Management Plan to
address the implementation of operational Best Management Practices (BMP's)
necessary to accommodate nuisance water and storm water runoff. These
standard requirements will ensure no significant effects to water quality.
' (e) The site can be adequately served by all required utilities and public
services.
The site is located in an area that is serviced by all required utilities,
including electricity, gas, water and sanitary sewer. Similar to other adjacent
developments, the project site will also be adequately provided with the
necessary public services, such as police, fire and trash pickup
E. Pursuant to Section 94.02.00(B)(6) of the Palm Springs Zoning Code, the
Planning Commission makes the following findings relative to the Conditional Use
Permit application, Case 5.1554 CUP:
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.
The site is designated Mixed Use/Multi-Use (westerly half) and High
Density Residential (easterly half) by the General Plan Land Use Map. The Land
Use Element permits multi -family residential development at a density of up to 15
units per acre in the Mixed Use/Multi-Use designation and 15 to 30 units per acre
in the Hight Density Residential designation. Thus, the 0.95-acre site permits a
density range of 9-23 units and the proposed project is 12 multi -family units.
I
Consequently, the proposal complies with the General Plan
City Council Resolution No. 25084
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b. That the use is necessary or desirable for the development of the '
community, is in harmony with the various elements or objectives of the general
plan, and is not detrimental to existing uses or to future uses specifically
permitted in the zone in which the proposed use is to be located.
The multi -family residential use will provide a continuation of the
residential character that exists to the north and west of the subject property and
provide additional multi -family housing on the infill site, which is desirable along
the commercial corridor and necessary for the development of the community.
The General Plan Land Use map designates the site as Mixed Use/Multi-
Use (MU) on its westerly half and High Density Residential (HDR) on its easterly
half. The Land Use Element permits multi -family residential development in these
designations with a density of up to 15 units per acre in the MU designation and
15 to 30 units per acre in the HDR designation. Thus, the 0.95-acre site permits a
density range of 9-23 units and the proposed project is 12 multi -family residential
condominiums. Consequently, the proposal complies with the General Plan.
The proposed development will involve uses that are consistent with
adjacent and nearby properties, comply with the C-1 and R-2 development
standards, and provide a buffer between the commercial corridor and single-
family neighborhood to the west. Therefore, the use is not anticipated to be I
detrimental to existing uses or future uses permitted in the existing C-1 and R-2
zones.
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 project consists of a 0.95-acre site developed and razed, leaving
remnants of building pads on portions of the site. The development will be
twelve (12) residential units within one- to three-story structures that are built in
accordance with the development standards of the C-1 and R-2 zones,
complying with setbacks, height limits, open space and other standards
necessary for improving the site. There will be 31 off-street parking spaces and
several on -street parking spaces available on adjacent streets. Therefore, the
project will be built to adjust such use to those existing and permitted uses of
land in the neighborhood.
d. That the site for the proposed use relates to the streets and
highways properly designed and improved to carry the type and quantity of
traffic to be generated by the proposed use.
The property is a through -lot with frontages on North Palm Canyon and ,
Camino Norte. North Palm Canyon Drive is improved with four vehicle lanes,
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' curb/gutters and sidewalks. Camino Norte is currently two lanes and will be
improved with curb/gutter and sidewalk. A 12-unit residential development on a
site planned for up to 23 units in the General Plan, will generate minimal traffic
impacts to streets in the area and the existing roadways in the surrounding are
anticipated to handle the traffic generated. Therefore, the site for the proposed
use will be adequately served by existing streets.
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.
Conditions of approval are proposed and attached to this staff report as
Exhibit "A". These conditions require connection to public utilities and sanitary
sewer; compliance with local and state laws, including the City's Noise
Ordinance; and regular maintenance and repair to the property to maintain a
quality appearance. These will ensure the protection of public health, safety and
general welfare.
F. Pursuant to Section 94.04.01(D) of the Palm Springs Zoning Code, the Planning
' Commission makes the following findings relative to the Major Development Permit
application, Case 3.4289 MAJ:
1. The proposed project is consistent with the General Plan and any
applicable specific plan;
The General Plan designates the easterly half of the site as HDR (High
Density Residential, allowing 15.1 to 30 units/acre) and the westerly half of the
site as MU (Mixed Use, allowing up to 15 units/acre). These designations both
permit multi -family residential development with a density. range of 9-23 units on
a 0.95-acre site. The proposed project involves a twelve (12) unit multi -family
residential condominium development, consistent with the General Plan.
2. The proposed uses are in conformance to the use permitted in the
zone district where the site is located, and are not detrimental to adjacent
properties or residents;
The subject property is split -zoned with C-1 on the easterly half and R-2
on the westerly half. Multiple -family residential uses are permitted with the
approval of a Conditional Use Permit within the C-1 zone per Zoning Code
Section 92.12.01(D)(18) and as by right uses within the R-2 zone per Zoning
Code Section 92.03.01(A)(2). The proposed residential use will be consistent
I
with other uses permitted on the adjacent property to the north and other similar
properties to the northwest. Therefore, the proposed use is in conformance with
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zoning code's permissible uses and will be consistent, not detrimental, with I
adjacent properties in the site's surrounding.
3. The proposed project is in conformance to the property
development standards for the zone district where the site is located;
The project complies with development standards outlined in the C-1
zone, Section 92.12.03, and the R-2 zone, Section 92.03.03, as applicable to the
property. The buildings are setback five (5) feet from Palm Canyon Drive and are
a maximum of thirty (30) feet high within the C-1 zoned area of the site. The
buildings on the westerly portion of site are setback ten (10) feet from the south
property line and twenty-five (25) feet from Camino Norte with heights of twenty-
four (24) feet in accordance with the R-2 zone standards.
4. The proposed height and massing of the project is consistent with
applicable standards and compatible with adjacent development;
The project massing varies with one- to three-story structures that are
generally consistent with the adjacent building heights and massing along Palm
Canyon Drive. The existing office building to the south of the site has a flat roof
and is roughly twenty-six (26) feet in height. The proposed affordable housing
project will involve a series of low slung angled roofs ranging from twenty-two '
(22) feet to thirty-four (34) feet in height. The proposed project includes one-story
buildings at fifteen (15) feet in height along the street edge and three-story
buildings behind at (30) feet in height, creating stepped massing along the
primary frontage. The rear buildings are proposed at two -stories and (24) feet in
height.
5. The proposed setbacks and placement of the building are
consistent with applicable standards and consistent with setbacks of adjacent
buildings;
The C-1 zone requires a setback of five (5) feet along Palm Canyon Drive
and the buildings along this street are proposed with a setback of five (5) feet
and include raised planters, which is consistent with the setback and design of
the existing property to the south and proposed development to the north of the
project site. The rear (westerly) buildings are proposed with a setback of twenty-
five (25) feet along Camino Norte, consistent with the planned residential
development to the north.
6. The site for the proposed project has adequate access to streets
and highways property designed and improved to carry the type and quantity of
traffic to be generated by the proposed uses, and the design for the site plan
enhances or continues the city's existing grid in accordance with the Circulation
Plan of the General Plan;
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' The property is a through -lot with frontages on North Palm Canyon and
Camino Norte. Designated as a Major Thoroughfare by the Circulation Plan,
North Palm Canyon Drive is improved with four vehicle lanes, curb/gutter and
sidewalk, consistent the grid network in the Circulation Plan. Camino Norte is
designated as a Local Street by the Circulation Plan and currently has two
vehicle lanes and will be improved with curb/gutter and sidewalk. A 12-unit
residential development on a site planned for up to 23 units in the General Plan,
will generate less traffic impacts to streets in the area than those anticipated and
the existing roadways in the surrounding are anticipated to handle the traffic
generated. Therefore, the site for the proposed use has adequate access to
streets that are properly designed and the site plan will utilize the existing grid in
accordance with the Circulation Plan.
7. On -site circulation conforms to minimum standards, and
accommodations are made for safe on -site pedestrian circulation;
The site will have vehicular access from Camino Norte via a twenty-four
(24) foot wide driveway, consistent with standards in Section 93.06.00 of the
Zoning Code. Pedestrian access is provided via pathways from Palm Canyon
Drive to the center of the site and to each individual unit with frontage along this
street. Thus, the project circulation complies with minimum standards and there
will be safe on -site pedestrian circulation.
' 8. Landscape areas and open space are in conformance to applicable
standards, and the design of stormwater management features are appropriately
integrated with other elements of the site design;
There will be private open spaces for each unit and landscape buffers
around the site. There are no open space requirements for the C-1 zoned area
and the project complies with the 50% minimum open space standard in the R-2
zoned portion of the site. The project is conditioned to prepare a water quality
management plan and implement best management practice measures in
accordance with applicable National Pollution Discharge Elimination System.
9. Public infrastructure, such as water, sewer, and similar utilities, is
adequate to serve the proposed project;
The project site has access to water, sewer, electricity and other utility
purveyors. Desert Water Agency provides water to the site. Sanitary sewer is
available in the adjacent right-of-way. The project is required to connect to said
infrastructure, as identified in the attached conditions.
10. Based on environmental review, the proposed project either has no
potentially significant environmental impacts, any potentially significant impacts
' have been reduced to less than significant levels because of mitigation measures
incorporated in the project, or a Statement of Overriding Considerations has
been adopted to address unmitigated significant environmental impacts;
City Council Resolution No. 25084
Page S
The proposed project is categorically exempt from further CEQA review
under Section 15332 of Title 14, Chapter 3 of the California Code of Regulations
(Class 32, In -Fill Development Projects), which involves no potentially significant
environmental impact.
The project is consistent with the General Plan, is less than five (5) acres
in size, has no known value as habitat for endangered, rare, or threatened
species, and would not result in any significant effects relating to traffic, noise, air
or water quality.
11. The proposed project has no unacceptable adverse effects on
public welfare, health or safety.
The proposed residential development will not contain any noxious or
intensive uses. There will be no activities conducted at the site which would
cause public nuisance such as noise or odor. Additionally, the residents will be
required to abide by rules and regulations in the zoning and municipal codes.
The development is located in an area surrounded by similar residential uses, as
well as commercial uses. There are no known unacceptable adverse effects on
public welfare, health or safety.
G. Pursuant to California Government Code Section 66474, the Planning '
Commission makes the following findings relative to the Tentative Tract Map, Case TTM
38416:
1. The proposed Tentative Tract Map or Tentative Parcel Map is
consistent with all applicable general and specific plans.
The project involves a one -lot subdivision to allow for -sale residential
condominiums on a 0.95-acre parcel. There will be a total of 12-units within the
development, which is a permissible density under General Plan designations of
the site (Mixed Use/Multi-Use on its westerly half and High Density Residential
on its easterly half). Therefore, the uses and proposed density are consistent
with the General Plan.
2. The design and improvements of the proposed Tentative Tract Map
or Tentative Parcel Map is consistent with the zone in which the property is
located.
The layout of the proposed development complies with development
standards in the C-1 and R-2 zones, as applicable to each area of the site.
Appropriate vehicle and pedestrian access is provided for the 12-unit residential
project. Sidewalk and curb/gutter improvements will be completed along Camino I
Norte.
City Council Resolution No. 25084
Page 9
' 3. The site is physically suited for this type of development.
The site slopes from the northwest corner to the southeast corner of the
property. Site elevations range from 556 feet to 550 feet above mean sea level,
a variation of six (6) feet over an east -west span of about 300 feet. This equates
to an average slope of 2%. There are no significant geological features on the
property. Grading will be required to adjust site typography, as typically required
for new developments. Thus, the site is physically suited for this type of
development and is proposed with adequate access to the network of public
streets.
4. The site is physically suited for the proposed density of
development.
The project proposes an overall site density of 12 dwelling units per acre,
which is consistent with the permissible density of the General Plan land use
designations applicable for this site. The 0.95-acre site abuts improved public
streets with existing utilities and with rights of way that are projected in the City's
2007 General Plan to operate at normal LOS, Consequently, the site is
physically suited for the proposed density of development.
5. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their habitats.
The property is an infill site located with an urban area of the city. There
are no known habitats for fish or other wildlife on the property or in the immediate
areas. Consequently, the design of the subdivision is not likely to cause
environmental damage or substantially and avoidably injure fish, wildlife or their
habitats.
6. The design of the subdivision or type of improvements is not likely
to cause serious public health problems.
As required by the project conditions, the design of the proposed
subdivision includes connections to all public utilities including water and sanitary
sewer systems. No serious public health problems are anticipated.
7. The design of the subdivision or type of improvements will not
conflict with easements, acquired by the public at large, for access through or
use of the property within the proposed subdivision.
There are no easement conflicts known with the design of the proposed
subdivision. Therefore, the design of the subdivision will not conflict with
easements for access through or use of the property.
' H. On January 26, 2023, the City Council of the City of Palm Springs, California,
held a public hearing that was noticed in accordance with applicable law, to consider the
City Council Resolution No. 25084
Page 10
appeal. At said hearing, the City Council considered the staff report and all written and I
oral testimony given in association with the hearing.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. That the findings and determinations reflected above are true and
correct, and are incorporated by this reference herein as the cause and foundation for
the action taken by and through this Resolution.
SECTION 2. That the Planning Commission made an accurate evaluation and
determination that findings necessary for restricted access to the Project cannot be
made under Section 93.05.00 of the Palm Springs Zoning Code.
SECTION 3. The City Council rejects the appeal and approves the Project
application (Case Nos. 3.4289 MAJ/DP, 5.1554 CUP & TTM 38416) with conditions as
outlined in attached Exhibit 'A" which includes the exclusion of restricted access gates
for the project.
ADOPTED THIS 26TH DAY OF JANUARY. 2023.
c9ae"_-Zn,.-- I
Teresa Gallavan
Interim City Manager
ATTEST:
A -� 4-�
Brenda Pr e, MMC, CERA
City Clerk
City Council Resolution No. 25084
Page 71
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM SPRINGS)
I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 25084 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 January 26, 2023, by the
following vote:
AYES: Councilmembers Middleton and deHarte
NOES: Councilmember Holstege, Mayor Pro Tern Bernstein, and Mayor Garner
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 31s' day of January 2023.
BREND PREE, MMC, CERA
CITY CLERK
City Council Resolution No. 25084
Page 12
EXHIBIT A '
Case Nos. 5.1554 CUP, 3.4289 MAJ/DP & TTM 38416
12 @ Las Palmas
January 26, 2023
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 Nos.
5.1554 CUP, 3.4289 MAJ/DP & TTM 38416; except as modified with the
conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped July 11, 2022
(Architectural and Civil) and May 2, 2022 (Tentative Map), including site
plans, architectural elevations, exterior materials and colors, landscaping, and
grading on file in the Planning Division except as modified by the 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. Tentative Map. This approval is for Tentative Tract Map 38416. This approval
is subject to all applicable regulations of the Subdivision Map Act, the Palm
Springs Municipal Code, and any other applicable City Codes, ordinances
and resolutions.
ADM 6. Indemnification. The owner/applicant shall defend, indemnify, and hold '
harmless the City of Palm Springs, its elected officials, agents, officers, and
employees ("Indemnitees") from any claim, action, or proceeding against the
City Council Resolution No. 25084
Page 13
City of Palm Springs or any Indemnitee(s), arising, in any way, out of the
activities authorized by Case Nos. 5.1554 CUP, 3.4289 MAJ/DP & TTM
38416. The City will promptly notify the applicant of any such claim, action, or
proceeding and the applicant will either undertake defense of the matter and
pay the City's associated legal costs or will advance funds to pay for defense
of the matter by the City Attorney. If the City 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 Indemnitees. 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 7. 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, walls, and fences 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 8. Time Limit on Approval. Approval of the Major Development Permit
(MAJ/DP) and Conditional Use Permit (CUP) shall be valid for a period of two
(2) years from the effective date of the approval. Extensions of time may be
granted by the Planning Commission upon demonstration of good cause.
ADM 9. 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.
ADM 10. Time Extensions. Extensions of time for the Tentative Tract Map may be
approved pursuant to Municipal Code Section 9.63.110. Extensions of time
for the Major Development Permit (MAJ/DP) and Conditional Use Permit
(CUP) may be granted by the Planning Commission pursuant to Zoning Code
Section 94.12.00. Such extensions shall be required in writing and submitted
to Planning Services prior to the expiration of the approval.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in -lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
City Council Resolution No. 25084
Page 14
share contribution, less any credit given by the City, as may be reasonably '
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community -wide system
and shown on the City's master plan).
ADM 12. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and the Public Arts Commission, and
the property owner shall enter into a recorded agreement to maintain the art
work and protect the public rights of access and viewing. '
ADM 13. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 14. CC&R's. The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning for approval in a format to be approved by the City
Attorney. These CC&R's may be enforceable by the City, shall not be
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances.
ADM 15. CC&R's. Prior to recordation of a final Tract Map or issuance of building
permits, the applicant shall submit a draft declaration of covenants, conditions
and restrictions ("CC&R's") to the Director of Planning for approval in a format
to be approved by the City Attorney. The draft CC&R package shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space I
restrictions.
City Council Resolution No. 25084
Page 15
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor -in -interest.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may be enforceable by the City, shall not be amended without
City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances,
ADM 16. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of specified in the current fee schedule, for
the review of the CC&R's by the City Attorney. A filing fee as outlined in the
fee schedule shall also be paid to the City Planning Department for
administrative review purposes.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
' issuance of certificate of occupancy.
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
PLANNING DEPARTMENT CONDITIONS
PLN 1. 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 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
City Council Resolution No. 25084
Page 16
Municipal Code and all other 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 State's
Water Efficient Landscape Ordinances.
PLN 3. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for "Cool Roofs". Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of
64 and a three-year aged solar reflectance of 0.55 or greater. Only matte
(non-specular) roofing is allowed in colors such as beige or tan.
PLN 4. Maintenance of Awnings & Proiections. All awnings shall be maintained and
periodically cleaned.
PLN 5. Screen Roof -mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be I
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 7. 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 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 10. No off -site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 11. Pad Elevations. Final building pad elevations shall not vary more than 12
inches above or below the pad elevation established by the approved
preliminary grading plan and / or tentative map. Any deviations from this ,
provision shall require approval by the Planning Commission.
City Council Resolution No. 25084
Page 17
' PLN 12. ARC Review. Prior to issuance of building permits, the Applicant shall submit
plans for Architectural Review Committee (ARC) review as required by
Section 94.04.00 of the Zoning Code and include any changes imposed by
the Planning Commission. On December 14, 2022, the Planning Commission
directed that the following be reviewed by the ARC:
a. Applicant to provide clear detail of block design on single -story units facing
Palm Canyon and ARC to verify consistency with the renderings.
b. Landscape plan and tree selection for planters along Palm Canyon, noting
concern of limited vertical space with proposed building.
PLN 13. Entry Gate. The entry gate shall be removed the plans and the development
shall remain ungated.
PLN 14. Onsite Improvements on Westerly Frontage. The proposed wall on the
westerly edge of the site shall be setback five feet and desert landscape shall
be installed between said wall and the sidewalk.
PLN 15. EV Charging Station. Pursuant to Section 93.06.00 of the PSZC (Off -Street
Parking) establishes the number of EV charging stations for new or renovated
commercial development, and for new multi -family residential development.
PLN 16, 11/14/22 Planning Commission Meeting. In accordance with the Planning
Commission's decision on December 14, 2022, the applicant shall complete
the following:
a. Stop Sign at Project Exit. Install a stop sign at the vehicular egress to the
satisfaction of the City Engineer.
b. Household Waste Generated by Accessory Dwelling Units. The CC&Rs
prepared for this subdivision shall require that condominium owners with
detached accessory dwelling units be responsible for receiving and proper
disposal of any household waste generated from any occupant(s) or
tenant(s) of their corresponding detached accessory dwelling unit. The
CC&RS shall also require that, in the event of the condominium owner
leases the primary condominium unit, the lessee of the primary unit shall
be responsible for receiving and proper disposal of any household waste
generated from any occupant(s) or sub-tenant(s) of the corresponding
detached accessory dwelling unit, if permitted. Household waste includes
trash, green waste, recycling and organic refuse
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
City Council Resolution No. 25084
Page 18
BUILDING DEPARTMENT CONDITIONS '
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT 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.
GENERAL
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.
NORTH PALM CANYON DRIVE
ENG 3. Construct sidewalk from back of curb to property line along the entire
frontage in accordance with City of Palm Springs Standard Drawing No,
210.
ENG 4. Remove the existing driveway approaches and replace with curb, gutter
and sidewalk to match existing improvements in accordance with City of
Palm Springs Standard Drawing No. 200 and 210.
ENG 5. Contact the Director of Facilities to determine if the existing palm trees,
irrigation, and street lights along the North Palm Canyon Drive frontage
will have to be replaced and/or upgraded in conjunction with this project.
ENG 6. Remove and replace existing asphalt concrete pavement where required,
in accordance with applicable City standards.
ENG 7. All broken or off grade street improvements along the project frontage I
shall be repaired or replaced.
City Council Resolution No. 25084
Page 19
I
CAMINO NORTE
ENG 8. Construct a 6 inch curb and gutter, 18 feet east of centerline along the
entire frontage of APN 505-182-005 AND 505-182-004 to match existing
improvements in accordance with City of Palm Springs Standard Drawing
No. 200.
ENG 9. Construct a driveway approaches (main entrance 26' feet wide) in
accordance with City of Palm Springs Standard Drawing No. 201.
ENG 10. Dedicate an easement 2 feet wide along the back of the driveway
approach and or utility structures for sidewalk purposes. 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 right-of-way Plan
check fee shall be Paid by the aPPlicant in effect at the time that the
dedication is submitted
ENG 11. Construct a 5 feet wide sidewalk behind the curb along the entire frontage
of APN 505-182-005 AND 505-182-004 to match existing improvements in
accordance with City of Palm Springs Standard Drawing No. 210.
' ENG 12. Construct pavement with a minimum pavement section of 3 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 gutter to clean sawcut edge of pavement along the
entire frontage of APN 505-182-005 AND 505-182-004 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.
ENG 13. Remove and replace existing asphalt concrete pavement where required,
in accordance with applicable City standards.
ENG 14. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
ON -SITE
' ENG 15. For on -site bay parking in residential and commercial zones, paving
material shall be decorative paving, colored and/or patterned to relate to
the overall design in accordance with Zoning Code 93.06.00.C.15.e.
City Council Resolution No. 25084
Page 20
ENG 16. The minimum pavement section for all on -site pavement (drive aisles, '
parking spaces ) shall be 3 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 registered Geotechnical Engineer using "R" values from the
project site and submitted to the City Engineer for approval.
ENG 17. All on -site drive aisles shall be two-way with a minimum 26 feet wide
travelway (as measured from face of curb) where no on -street parking is
proposed.
ENG 18. 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 19. All sanitary facilities shall be connected to the public sewer system (via the
proposed on -site private sewer system). New laterals shall not be I
connected at manholes.
ENG 20. Pay a sewer assessment fee of $424.92 in accordance with the terms of
the Sewer Construction Refund Agreement between the City of Palm
Springs and Ted Pelton, Sewer Agreement No. 1418. The fee shall be
paid prior to issuance of a building permit.
GRADING
ENG 21. 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
City Council Resolution No. 25084
Page 21
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
associated Hydrology Study/Report; a copy of the project -specific Final
Water Quality Management Plan.
ENG 22. 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-
THPOaaguacaliente.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 23. 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 24. 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 25. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed
City Council Resolution No. 25084
Page 22
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 26. 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 27. 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. '
ENG 28. 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 at the time of issuance of grading
permit for mitigation measures for erosion/blowsand relating to this
property and development.
ENG 29. 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.
ENG 30. The applicant shall provide Grading Certification for all building (or
structure) pads in conformance with the approved grading plan to the
Engineering Services Department for review and approval.
ENG 31. 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
City Council Resolution No. 25084
Page 23
' Counties" (Revised - RIFA Form CA-1) prior to approval of the Grading
Plan (if required). The California Department of Food and Agriculture
office is located at 6819 East Gage Avenue, Commerce, Ca 90040
(Phone(760)782-3271,(562)505-641 5),Sonia.Oran@cdfa.ca.gov.
WATER QUALITY MANAGEMENT PLAN
ENG 32. 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 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 33. 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 34. 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
I
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-
City Council Resolution No. 25084
Page 24
Specific WQMP; or equivalent. Alternative instruments must be approved
by the City Engineer prior to issuance of any grading or building permits.
'
DRAINAGE
ENG 35.
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 36.
The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $ 10,311.99 per acre in
accordance with Resolution No. 15189. Fees shall be paid prior to
issuance of a building permit.
GENERAL
ENG 37. 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 38. All proposed utility lines shall be installed underground.
ENG 39. 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 40. 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 2015 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.
City Council Resolution No. 25084
Page 25
' ENG 41. 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 42. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or 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.
ENG 43. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No.
904.
ENG 44. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF).
The LDMF shall be paid prior to issuance of Building Permit.
MAP
ENG 45. The developer shall apply for an annexation to the City of Palm Springs
Community Facilities District established for public safety services and
submit required applications, waivers, and consent forms to the
annexation prior to approval of a final map. Payment of an annexation fee
($7,500) and shall be made at the time of the application. The annexation
shall be completed by action of the city council in a public hearing, prior to
processing a final map for approval.
ENG 46. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Services
Department for review and approval. A Title Report prepared for
subdivision guarantee for the subject property, the traverse closures for
the existing parcel and all lots created therefrom, and copies of record
documents shall be submitted with the Final Map to the Engineering
Services Department as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
ENG 47. In accordance with Government Code Section 66499, the Tentative Tract
Map is subject to construction of all required public improvements. Prior to
' approval of a Tract Map, all required public improvements shall be
secured by a construction agreement and bonds in accordance with
Government Code Section 66499.
City Council Resolution No. 25084
Page 26
ENG 48. Acceptance of public improvements required of this development shall be '
completed by resolution of the City Council to release the faithful
performance bond and acceptance of replacement maintenance bond to
be held for one year. An inspection will be performed nine months after
said acceptance as part of the notice of completion process, a notice of
completion will be filed certifying the improvements are complete.
TRAFFIC
ENG 49. 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 50. 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), I
dated November 7, 2014, or subsequent editions in force at the time of
construction.
ENG 51. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
FID 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.
FID 2. Fire Department Conditions were based on the 2019 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD
Appendix "T" 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.
FID 3. Conditions of Approval — "Conditions of Approval" received from the Palm I
Springs Planning Department must be submitted with each plan set. Failure
to submit will result in a delay of plan approval.
City Council Resolution No. 25084
Page 27
' FID 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 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.
FID 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.
FID 6. Required access (CFC 504.1): 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.
' FID 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
City Council Resolution No. 25084
Page 28
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.
FID 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.
FID 9. NFPA 13D 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.
FID 10. 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, ,
or hammer head as approved by the City's Engineering Department.
FID 11. 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.
FID 12. 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.
FID 13. Private Fire Hydrants: Additional private hydrants may be required.
FID 14. Security Gates: A Knox key operated switch shall be installed at every
automatic gate. Secured automated vehicle gates or entries, if approved for
installation, shall utilize a combination of a Tomar StrobeswitchTM, or
approved equal, and an approved Knox key switch when required by the fire
code official. Secured non -automated vehicle gates or entries, if approved for
installation, 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 ,