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HomeMy WebLinkAboutPC - RES NO 6927RESOLUTION NO. 6927 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL FOR A PROPOSED AMENDMENT TO THE FINAL DEVELOPMENT PLANS OF A PREVIOUSLY APPROVED FINAL PDD TO INCLUDE ADDITION OF TWENTY-FOUR RESIDENTIAL UNITS; ELIMINATING EVENT CENTER AT THE SOURHEASET SECTION OF THE SITE; RECONFIGURATION OF TWELVE CONDOMINIUM UNITS ON THE NORTHWEST SECTION OF THE SITE AND AMENDING THE RESIDENTIAL TOWER BY ADDING ONE MORE UNIT TO INCREASE THE NUMBER OF CONDO UNITS FROM 40 UNITS TO 65 UNITS; AND MAKE MINOR MODIFICATIONS TO THE FINAL LANDSCAPE PLANS OF THE DREAM HOTEL LOCATED AT 450 NORTH CALLE ALVARADO ROAD, ZONE PDD 333, SECTION 14 THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS: A. Selene Palm Springs, LLC, (the "Applicant') has filed an application with the City to amend the previously approved Planned Development District 333 and Tentative Parcel Map 35236 pursuant to the provisions of Section 94.02.00 (B) of the Palm Springs Zoning Code. B. The City Council of the City of Palm Springs last approved Planned Development District 333 (PDD 333), on June 19, 2019, for a 156-room hotel and a 40-unit condominium complex ("Amended Project'). C. The project applicant timely submitted a request for an extension of the Initial Project and applied for amendments to the PDD 333 and Tentative Parcel Map 35236 (TPM 35236) (collectively the "Amended Project'). D. On September 14, 2022, a public hearing on the Amended Project was held by the Planning Commission in accordance with applicable law and voted to continue the hearing to a date certain of September 28, 2022. E. On September 28, 2022, a public hearing on the Amended Project was held by the Planning Commission in accordance with applicable law. F. The Amended Project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Subsequent Mitigated Negative Declaration has been prepared for the Amended Project and was distributed for public review and comments in accordance with CEQA. G. A Subsequent Mitigated Negative Declaration was prepared pursuant to CEQA guidelines and was adopted by the City Council on June 7, 2017. H. The Planning Commission has carefully reviewed and considered all of the Planning Commission Resolution No. 6927 September 28, 2022 5.1132-PD 333 AMND Page 2 evidence presented in connection with the meeting on the Amended Project, including but not limited to the staff report, the Mitigated Negative Declaration and the final Addendum, and all written and oral testimony presented. I. Pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of the proposed project on the housing needs of the region and has balanced these needs against the public service needs of residents and available fiscal and environmental resources. J. The Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the Amended Project, including but not limited to the staff report and all written and oral testimony presented. K. Pursuant to Section 94.03.00(E) of the Palm Springs Zoning Code, the Planning Commission finds as follows: a. The uses, density and intensity of the proposed preliminary development plan are in conformance to the general plan land use designation for the site; The proposed amendment to Planned Development District 333 is consistent with the High -Density Residential designation of the General Plan and the Section 14 Specific Plan designation of High Residential as amended, which represents the General Plan and Zoning for the property on which the project is located. The hotel, residential and restaurant uses are all in conformance to the general plan and Specific Plan land use designation of the site. The site is 7.8 acres in size allowing a maximum of up to 336 units. The addition of 24 condo units to the southeast section of the site, and the addition of one more unit to the residential tower, for a total of 29 tower unit, brings the overall residential units at the development to 65. The total number of hotel rooms remains at 156. According to the Land Use Element of the General Plan, typical development in the High -Density Residential designation would include duplexes, townhomes, and apartments. Hotels and motels are also permitted up to 43 rooms per net acre (up to 86 rooms per net acre permitted on Indian Land) as long as they are consistent with the design and character of the surrounding neighborhoods and do not create significant design, parking, or traffic impacts to the surrounding residential neighborhood. The Dream Hotel and its residential components met all the above stated requirements of the general plan. b. The uses permitted under the proposed development plan are in conformance to the requirements listed in Section 94.03.00(D)(1), and are not detrimental to adjacent properties or residents; The amended project consists of a hotel, residential and restaurant uses; the uses are consistent with the originally approved project at the site. As planned, designed, and conditioned, is consistent with the Section 14 Specific Plan and the City of Palm Springs Planning Commission Resolution No. 6927 September 28, 2022 5.1132-PD 333 AMND Page 3 vision of the area for the future. The density and the overall size and scope of the project are still in keeping with the planned development district; furthermore, the 7.8- acre site is physically suitable and appropriate for the amended project with the 24-unit condominium project. Given the close proximity of the site to the Convention Center and the downtown area, the addition of residential uses will not be detrimental to adjacent properties or residents. The location provides sufficient access points for all uses proposed. c. The preliminary development plan is in conformance to the property development standards listed in Section 94.03.00(D)(2); The proposed amended project is not seeking any relief or deviations from the previously approved development and design standards of Planned Development District 333. The proposed amendments are relative to site reconfiguration and the elimination of the event center/farmhouse to be replaced with condominium buildings. The proposed residential buildings are in compliance with all the development standards of PDD 333 in terms of density, setbacks, and height limitations. The project site is located within the boundaries of the Section 14 Master Plan; per Section 6.2. of Section 14 Specific Plan, "the maximum height of high-rise buildings shall be 100 feet not including all appurtenances on the buildings, as measured from any point of natural elevation of the ground at the building line, before grading, to the maximum projection on top of the building above the same point". The maximum height of the hotel is 56 feet; the maximum height of the condominium building to the northwest is 52 feet and the maximum height of the condominium building to the southeast is 44 feet. The project is also in compliance with parking requirements as listed in Section 93.06.00 of the Zoning Ordinance. d. The site is adequate in size and shape to accommodate the density and/or intensity of the proposed development; The project site is 7.8 acres and large enough to accommodate the hotel development and the residential uses. The Amended Planned Development District made modifications to the development while maintaining the original intent and purposed envisioned for the site. All development standards such as setbacks, sidewalks, walls, and fences are consistent with the development standards established by PDD 333 and more specifically, the Section 14 Specific Plan. e. The site for the proposed preliminary development plan has adequate access to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use, and the design for the site enhances or continues the city's existing grid in accordance with the Circulation Plan of the City of Palm Springs General Plan; The project proposes primary vehicular access to existing public streets from North Calle Alvarado. There is another entry on the easterly portion of the development from Planning Commission Resolution No. 6927 September 28, 2022 5.1132-1313 333 AMND Page 4 Avenida Caballero for service vehicles only and an additional Fire access on East Amado Road, therefore the development will relate to existing streets and highways such as North Indian Canyon Drive which is a major thoroughfare. The site is also within a walking to distance to the downtown and uptown areas of the City. Also, traffic and circulation within and around the development were analyzed in the previously adopted Mitigated Negative Declaration and incorporated into the current document. The addition of 25 residential units to the project site is consistent with density standards anticipated in Section 14 and will not result in significant traffic impacts. f. The public benefit provided by the development is mitigates any waivers or exceptions requested as part of the preliminary development plan; and This project was originally approved in 2007 prior to the adoption of public benefit policy, moreover, the applicant is not requesting for any new relief or deviations from the Code or the previously established development standards with this amendment. According to the application, the amended project will include the addition of twenty-four (24) condominium units to the southeast section of the site, reconfiguration of the previously approved twelve (12) unit condominium building at the northwest portion of the site and amending the residential tower condo units to have one more unit. These changes will not affect the established development standards of the project; therefore, the applicant will not be required to provide public benefit to the amended project. g. That the conditions to be imposed and shown on the approved preliminary development plan are necessary to protect the public health, safety and general welfare. The City Council previously approved conditions for the development; these conditions from different departments of the City which include Planning, Building, Fire and Public Works will remain valid and in effect for the project since the circumstances surrounding the development have not changed significantly. Also, revised conditions from the original entitlement and Mitigation Measures from the adopted Mitigated Negative Declaration will continue to apply to the amended project. Therefore, it has been determined that all the conditions imposed on the development are deemed necessary to protect the public health, safety, and general welfare. REQUIRED FINDINGS — Tentative Tract Map Amendment: Additional findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The previously approved tentative tract map was for a two -parcel condominium map Planning Commission Resolution No. 6927 September 28, 2022 5.1132-PD 333 AMND Page 5 and three lettered lots for the 7.8-acre parcel. The applicant is now proposing to modify the condominium map that will make a 3-parcel map with three lettered lots (Lots A, B, & C) for street purposes only. The amended map will contain the hotel building in Lot 1; the north villas residential/condominium building will be in Lot 2; and the south villas condominium buildings will Lot 3. In terms of required lot sizes and availability of public infrastructure, the map is consistent with the City's General Plan and the Section 14 Specific Plan respectively. b. The design and improvements of the proposed Vesting Tentative Tract Map are consistent with the zone in which the property is located. The design of the map is consistent with the allowable uses under the Planned Development District for this property and is consistent with the development standards of the Section 14 Specific Plan. The required public improvements include sanitary sewer, water, gas, and electricity and are consistent with Chapter 4 of the Section 14 Specific Plan. C. The site is physically suited for this type of development. As a flat in -fill property, the 7.8-acre site is physically suited for the amended project. Construction activities at the site commenced in 2018, however, construction work have been stalled for over three years due to issues not relating to the physical suitability of the site. The on -going construction of the hotel building and residences on the site is appropriate at this location, as planned by Section 14 Specific Plan and the 2007 adopted General Plan. The project site is surrounded by existing residential development, the convention center and City streets. d. The site is physically suited for the proposed density of development. The site can accommodate the 156-room hotel and the 65-unit residential uses as proposed which are within density limits of the General Plan and the Section 14 Specific Plan The approximately 7.8-acre site is physically suited for the size, scope and density of the hotel and residential uses. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Amended Tentative Tract Map and associated Planned Development District have been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration has been adopted by the City Council. Mitigation measures have been included which will reduce potential impacts to less than significant levels. The site was previously disturbed and developed as a parking lot for many years and does not include any natural habitat. The project will therefore not damage or injure fish, wildlife, or their habitats. Planning Commission Resolution No. 6927 September 28, 2022 5.1132-131) 333 AMND Page 6 f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The subdivision is designed to meet or exceed City standards, and will include utility improvements such as sanitary sewer, water, gas, and electricity. The development of the hotel and residential uses will be required to meet or exceed City building codes. The project will not cause public health problems. g. 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 known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through the property. Any utility easements can be accommodated within the project design. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the Planning Commission recommends approval of the amended project and amended Tentative Parcel Map 35236 to the City Council, for the Dream Hotel located at the northwest corner of Avenida Caballeros and Amado Road subject to the Conditions of Approval attached hereto as Exhibit A. ADOPTED this 28th day of September, 2022. AYES: AYLAIAN, MILLER, MORUZZI NOES: HIRSCHBEIN, WEREMIUK ABSENT: ERVIN, ROBERTS ABSTAIN: NONE ATTEST: Christopher Hadwin Director of Planning Services CITY OF PALM SPRINGS, CALIFORNIA Resolution No. 6927 EXHIBIT A Case No. 5.1132 — PD 333 AMND & Tentative Parcel Map 35236 Selene Palm Springs, LLC Northwest corner of Avenida Caballeros and Amado Road (The Dream Hotel Palm Springs) CONDITIONS OF APPROVAL September 28, 2022 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 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. Proiect Description. This approval is for the project described per Case 5.1132-PDD 333 & TTM 35236; except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped June 30, 2022, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Department 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 5.1132-PDD 333 & TTM 35236. The City of Palm Planning Commission Resolution No. 6927 September 28, 2022 Case Nos. 5.1132-PD 333 AMND /TTM 35236 , Page 2 + Springs will .promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent, but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse 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. Time Limit on Approval. Approval of. the Amended Project 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 8. 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 9. 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 Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the artwork and protect the public rights of access and viewing. 2 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / T7M 35236 September 28, 2022 Page 3 ADM 10. Tribal Fees Required. As the property is Indian reservation land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council, including any applicable habitat conservation plan fees shall be paid prior to consideration of this project by the Planning Commission. ADM 11. 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 12. CC&R's. Prior to recordation of a Final 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 restrictions. 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 13. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,640, for the review of the CC&R's by the City Attorney. A $1,165 filing fee shall also be paid to the City Planning Department for administrative review purposes. ENVIRONMENTAL ASSESSMENT CONDITIONS: ENV 1. All the Mitigation Measures contained in the adopted Mitigated Negative Declaration (MND) shall be part of the conditions of approval. ENV 2. Coachella Vallev 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. 3 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 4 ENV 3. 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. ENV 4. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the MND will be included in the plans prior to issuance of building permits. ENV 5. 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. ENV 6. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground -disturbing activities. a). A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. a Planning Commission Resolution No. 6927 September 28, 2022 Case Nos. 5.1132-PD 333 AMND / TTM 35236 Page 5 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 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. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. PLN 4. 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 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 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. 5 Planning Commission Resolution No. 6927 September 28, 2022 Case Nos. 5.1132-PD 333 AMND / TTM 35236 Page 6 PLN 8. Provide 'smart controllers' for all irrigation systems. PLN 9. Encourage employees to ride bicycles and utilize public transit in order to reduce parking demand. The hotel should communicate the benefits of bicycle riding and public transit to employees. This is a cost effective, eco friendly option that reduces parking demand. PLN 10. Information about transit, "Palm Springs Buzz" trolley, Uber/Lyft and taxi services should be readily available to guests staying at the resort. This information should also be easily found on the hotel website. This will encourage guests to utilize alternate modes of transportation. PLN 11. Parking for the hotel shall be valet -only. Such a requirement shall be recorded concurrent with the recordation of the Final Map on lots 1 and 2 as depicted on Tentative Tract Map 35236. PLN 12. Parking for condominium guests shall meet Zoning Ordinance requirements. The parking, if gated, shall include an intercom system to the units, and adequate turn -around area for guests unable to contact the resident they are seeking. PLN 13. Avenida Caballeros shall have minimum 8' sidewalks with shade trees on private property pursuant to Fig. 5-7 in Section 14 Specific Plan. (Added by PC on 6.12.13) PLN 14. Amado Road shall have a minimum 5' sidewalk, 4' parkway and shade trees spacing out 30' or less per Section Specific Plan. (Added by PC on 6.12.13) PLN 15. On Amado Road and Avenida Caballeros, the planting materials along the street frontages shall be pursuant to Tables 5-5 and 5-6 of Section 14 Specific Plan. (Added by PC on 6.12.13) PLN 16. Streetscape furniture shall be provided along Avenida Caballeros subject to the approval of Director of Public Works pursuant to Section 14 Specific Plan. (Added by PC on 6.12.13) PLN 17. Crosswalks at Avenida Caballeros and Calle Alvarado shall meet paving requirements of Section 14 Specific Plan. (Added by PC on 6.12.13) PLN 18. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown, and all disturbed areas shall be fully restored or landscaped. PLN 19. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of 0 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 7 Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. PLN 20. The street address numbering/lettering shall not exceed eight inches in height. PLN 21. The applicant shall be required to provide adequate height of rear wall / fencing to contain fugitive dust during construction. (Added by PC on 5.24.17) PLN 22. The applicant shall coordinate with City staff to investigate installing a mid block pedestrian crossing subject to City approval to be funded by the applicant. (Added by PC on 5.24.17) PLN 23. Prior to the issuance of building permit, a Planning Commission subcommittee of three members shall review minor revisions to the following: 1. The building fagade at the intersection of Amado Road and Calle Alvarado. 2. Lobby path from the intersection of Amado Road and Calle Alvarado. 3. East wall of farm building facing Avenida Caballeros. 4. Design of the landscaping and block wall at the common property line with the Center Court Condominiums. (Added by PC on 5.24.17) PLN 24. A revised final landscape plan to address the entrance along the northwest corner of Calle Alvarado and East Amado Road; southwest corner of Amado Road and Calle Alvarado and at the southwest corner of Avenida Caballeros and Amado Road shall be brought back to the Planning Commission for a final approval. (Added by PC on 6.26.19) PLN 25. The farmhouse / event center to be changed to the original approved plans with standing seam roof with additional articulations on the east elevation. (Added by PC on 6.26.19) PLN 26. A final landscape plan to include additional plantings to serve as a buffer for adequate privacy at the Plateau shall be brought back to. the Planning Commission for a final approval. (Added by PC on 6.26.19) PLN 27. The proposed restrooms at the northerly side of the main pool area to be . relocated to the condominium tower building. (Added by PC on 6.26.19) PLN 28. 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. Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 8 PLN 29. 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 30. Landscape Buffer. The applicant shall be required to install additional landscaping along the entire buffer area between the South Villas condos and the Center Court Condominium development. (Added by PC on 9/28/22) ENGINEERING DEPARTMENT: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. ENG 2. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. ENG 3. 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 4. Master planned roadways (Avenida Caballeros, Amado Road, and Calle Alvarado) shall be improved to the Final Section 14 Master Development Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein, or to alternative design standards proposed by the applicant and approved by the City. AVENIDA CABALLEROS ENG 5. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. ENG 6. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 380 feet from the centerline of Amado Road. ENG 7. Construct a 30 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 210 feet from the centerline of Amado Road. a Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 9 ENG 8. Avenida Caballeros street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a landscaped private setback of variable width and an 8 feet wide pedestrian sidewalk with double palm trees planted approximately 60 feet apart. The specific street improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. ENG 9. All broken or off grade street improvements along the project frontage shall be repaired or replaced. FTITITA VITOT63 Fare Me ENG 10. Dedicate additional right-of-way of 15 feet to provide the ultimate half street right-of- way width of 40 feet along the entire frontage, together with a property line - corner cut -back at the northwest corner of the intersection of Amado Road and Avenida Caballeros, and at the northeast corner of the intersection of Amado Road and Calle Alvarado, in accordance with City of Palm Springs Standard Drawing No. 105. ENG 11. Construct a 5 feet wide sidewalk and 4 feet wide landscaped parkway behind the curb along the entire frontage and concentric with the "Drop Off' turn outs to be consistent with the Section 14 Master Plan related to Amado Road in accordance with City of Palm Springs Standard Drawing No. 210. ENG 12. Dedicate additional right-of-way concentric with the back of the proposed vehicle "Drop ofl" turnouts, with the back of right-of-way located at the back of sidewalk. ENG 13. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. ENG 14. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed turn out to clean sawcut edge of pavement. 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 15. Construct the proposed vehicle turn -out bay in accordance with applicable City standards. The vehicle turn -out bay shall be a minimum of 12 feet wide where there is no parallel parking allowed and a minimum of 20 feet wide when there is one traffic lane with parallel parking on the north side of the turn -out. The vehicle turn -out bay shall be constructed with new curb, gutter, and sidewalk to match existing improvements, in accordance with applicable City standards. iJ Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 10 ENG 16. Amado Road street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a 4 feet wide landscaped parkway that includes shade trees in an informal pattern at a spacing of 30 feet or less and a 4 feet wide pedestrian sidewalk. The specific street improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. ENG 17. All broken or off grade street improvements along the project frontage shall be repaired or replaced. CALLE ALVARADO ENG 18, Remove the existing driveway approaches as necessary and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. ENG 19. Remove the existing street improvements as necessary to construct a minimum 24 feet wide driveway approach located approximately 695 feet north of the centerline of Amado Road, respectively. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205. ENG 20. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approaches in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveways, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on -site to construct a path of travel meeting ADA guidelines. ENG 21. Construct a 5 feet wide sidewalk behind the curb along the entire frontage (where not already existing) in accordance with City of Palm Springs Standard Drawing No. 210. ENG 22. Calle Alvarado street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November2004), which includes a 5 feet wide landscaped parkway and a 5 feet wide pedestrian sidewalk. The specific street improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. ENG 23. All broken or off grade street improvements along the project frontage shall be repaired or replaced. 10 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 ON -SITE September 28, 2022 Page 11 ENG 24. The on -site private street shall have a minimum travel way width of 24 feet and shall be constructed with standard 6-inch curb and gutter, a wedge curb, or other approved curbs along both sides of the street, as necessary to accept and convey on -site stormwater runoff to the on -site drainage system, in accordance with applicable City standards. Note that one-way sections of the roadway (including ramps) shall be a minimum of 16 feet wide. ENG 25. The on -site private street shall have a minimum centerline radius of 50 feet. ENG 26. The minimum pavement section for all on -site pavements shall be 2'/z 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 27. Parking shall be restricted along the two-way drive aisle as necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along .the drive aisle as necessary to enforce parking restrictions. A Homeowners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. ENG 28. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. SANITARY SEWER ENG 29. All sanitary facilities shall be connected to the public sewer system via the on -site private sewer system. Existing sewer service laterals to the property may be used for new sanitary facilities. New laterals shall not be connected at manholes. ENG 30. All on -site sewer systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on -site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. ENG 31. The project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $696.00 per acre. The fee shall be paid prior to, or concurrently with issuance of building permits. 11 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 Ceiammi1L[el September 28, 2022 Page 12 ENG 32. Submit a Precise Grading & Paving Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading & Paving 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 Division 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 Division 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:/Avww.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 Division 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 Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study/Report; and a copy of the project -specific Final Water Quality Management Plan. ENG 33. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist (a copy of the written approval must be provided to the City). The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI- THPO(&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. 12 Planning Commission Resolution No. 6927 Case Nos. 5.1132-1313 333 AMND / TTM 35236 September 28, 2022 Page 13 ENG 34. 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 35. 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 36. 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 37. Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP. ENG 38. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. ENG 39. 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 40. This project requires the 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 41. 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. 13 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 14 ENG 42. 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 Division with the first submittal of a grading plan. ENG 43. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 44. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan, to the Engineering Division prior to construction of any building foundation. ENG 45. 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. 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 46. 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&Rs) required for the development. 14 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 15 ENG 47. 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 48. 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 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 Homeowners 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 the issuance of any grading or building permits. ENG 49. Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non- structural BMP's included in the approved Final Project -Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project -Specific WQMP are available for the future owners (where applicable) ENG 50. 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. 15 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 16 ENG 51. Submit storm drain improvement plans for all on -site storm drainage system facilities for review and approval by the City Engineer. ENG 52. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on -site private street and underground parking garages into the on -site underground retention system, as described in the Preliminary Drainage Study for Tentative Tract Map No. 35236, prepared by Fomotor Engineering, dated December 2006. The hydrology study for Tentative Tract Map 35236 shall be amended to include catch basin sizing, storm drainpipe sizing, and underground retention system sizing calculations and other specifications for construction of required on -site storm drainage improvements. (Study to be updated to reflect changes to project) ENG 53. All on -site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on -site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&Rs) required for this project. ENG 54. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 55. 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. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. ENG 56. All proposed utility lines shall be installed underground. ENG 57. All existing utilities shall be shown on the improvement plans for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 16 Planning Commission Resolution No. 6927 Case Nos. 6.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 17 ENG 58. Upon approval of any improvement plan 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. 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 59. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as -built" information and returned to the Engineering Division prior to issuance of a 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 60. 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 61. 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 62. 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 63. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division 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 Division 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 64. A copy of draft Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&Rs shall be approved by the City Attorney prior to approval of the Final Map, or in the absence of a Final Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. 17 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TrM 35236 September 28, 2022 Page 18 ENG 65. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights -of - way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC ENG 66. As determined by the Westin Hotel and Residences Traffic Impact Study prepared by Endo Engineering (as revised March 5, 2007) and a revised focused traffic study by KOA Corporation (March 3, 2017) have determined that the following mitigation measures will be required: a) Install a 24-inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at all project egress points, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. b) A clear unobstructed sight distance shall be provided at all project access points; a clear sight triangle inside the property measuring 8 feet by 8 feet shall be provided at each access driveway, with screening fences or landscaping restricted to maintain the require sight distance. ENG 67. Submit traffic striping plans for Amado Road, prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. ENG 68. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel 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 Avenida Caballeros, Amado Road, and Calle Alvarado frontages of the subject property. ENG 69. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development shall 18 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 19 be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 70. Construction signing, lighting, and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting, and barricading shall be in accordance with Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. ENG 71. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. WASTE DISPOSAL: 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. POLICE DEPARTMENT: 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. Prior to any construction on -site, all appropriate permits must be secured. FIRE DEPARTMENT: 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. Initial fire department conditions have been determined on the resubmitted plans received and dated February 1, 2017. Additional requirements may be required at that time based on revisions to plans. FID 2 Fire Department Conditions were based on the 2013 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "O" Development Requirements and latest adopted NFPA Standards. Thee (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. . FID 3 Conditions of Approval — "Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. 19 Planning Commission Resolution No. 6927 September 28, 2022 Case Nos. 5.1132-PD 333 AMND / TTM 35236 Page 20 FID 4 Plans and Permits (CFC 105.1): FID 5 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. 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. 20 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 21 FID 7 Aerial Fire Access Roads (CFC Appendix D105.1): Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. • Aerial Fire Access Road Width (CFC Appendix D105.2): Fire apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of any building or portion of building more than 30 feet in height. • Aerial Access Proximity to Building (CFC Appendix D105.3): At least one of the required access routes for buildings or facility exceeding 30 feet in height above the lowest level of fire department vehicle access shall be located within a minimum of 15 feet and a maximum of 30 feet from the building and shall be positioned parallel to one entire side of the building. Project Note: Site plan does not show aerial apparatus access roads FID 8 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. FID 9 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be prohibited unless approved by the fire code official. FID 10 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 immediate access is necessary for lifesaving 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. • 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 21 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 22 rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. FID 11 Required Water Supply (CFC 507.1): An approved water supply capable of supplying the required fire flow for fire protection shallbe provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. FID 12 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. FID 13 Location of Fire Department Connections: The connection inlets must face the street and be located on the street side of the building. The face of the inlets shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). A sign with this information shall be placed on or near the FDC. The sign shall be constructed of metal. The sign face, lettering, and attachment shall be made of weather and vandal resistant materials. Sign background will be bright red. Letters will be bright white. Sign format will be substantially as follows: FDC SERVES 354 N PALM CANYON [Designate Buildings Served] FID 14 Fire Hydrant & FDC Location (CFC 912.2): A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. FID 15 Fire Department Connections (CFC 912.2.1 & 912.3): Fire Department connections shall be visible and accessible, have two 2.5-inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. FID 16 Location of Class I standpipe hose connections (CFC 905.4): Class I standpipe hose connections shall be provided in all of the following 22 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 locations: September 28, 2022 Page 23 1. In every required stairway, a hose connection shall be provided for each floor level above or below grade. Hose connections shall be located at an intermediate floor level landing between floors, unless otherwise approved by the fire code official. See Section 909.20.3.2 for additional provisions in smoke -proof enclosures. 2. On each side of the wall adjacent to the exit opening of a horizontal exit. Exception: Where floor areas adjacent to a horizontal exit are reachable from exit stairway hose connections by a nozzle attached to 100 feet of hose,. as measured along the path of travel, a hose connection shall not be required at the horizontal exit. 3. In every exit passageway, at the entrance from the exit passageway to other areas of a building. Exception: Where floor areas adjacent to an exit passageway are reachable from exit stairway hose connections by a 30-foot hose stream from a nozzle attached to 100 feet of hose, a hose connection shall not be required at the entrance from the exit passageway to other areas of the building. MI NE 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), a hose connection shall be located to serve the roof or at the highest landing of a stairway with stair access to the roof provided in accordance with Section 1009.16. 6. Where the most remote portion of a non-sprinklered floor or story is more than 150 feet from a hose connection or the most remote portion of a sprinklered floor or story is more than 150 feet from a hose connection, the fire code official is authorized to require that additional hose connections be provided in approved locations. The distances from a hose connection shall be measured along the path of travel. FID 17 NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2013 Edition, as modified by local ordinance. FID 18 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. 23 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 24 FID 19 Floor Control Valves (CFC 903.3.8 & Ordinance 1781: Item 42): Floor control valves and water flow detection assemblies shall be installed at each floor in buildings three or more stories in height. Valve locations will be determined and approved by the fire code official. FID 20 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 21 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. FID 22 Fire Alarm System: Fire alarm system is required, and installation shall comply with the requirements of NFPA 72, 2013 Edition. FID 23 Central Station Protective Signaling Service (CFC 903.4.1): A UL listed, and certified Protective Signaling Service (Central Station Service) is required. Provide the Fire Department with proof of listing and current certificate. The Fire Department shall be notified immediately of change in service. FID 24 HVAC Duct Smoke Detection/Shut Down with a Fire Sprinkler Supervision & Alarm System or Fire Alarm System (CFC 907.4.1, CMC 609.0 & NFPA 72): All HVAC systems supplying greater than 2,000 CFM shall require a duct detector and HVAC shut down when smoke is detected. HVAC shut down shall be on an individual basis, not global. These systems shall supervise the Duct Detectors and activate the notification appliances. An accessory module shall be installed for each unit, including alarm LED, pilot LED and key -operated test/reset switch. FID 25 Smoke Alarm or Detector Locations - R-1 Occupancy (CFC 907.2.11.1): Single or multiple -station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 24 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND / TTM 35236 September 28, 2022 Page 25 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. FID 26 Groups R-1 and R-2.1 Accessibility Requirements (CFC 907.6.2.3.3): Group R-1 and R-2.1 dwelling units or sleeping units in accordance with Table 907.6.2.3.3 shall be provided with a visible alarm notification appliance, activated by both the in -room smoke alarm and the building fire alarm system. Also comply with Section 1111 B.4.5, Table 11 B-3, and Table 11 B-4 of the California Building Code. FID 27 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. Portable Fire Extinguishers for Food Processing Equipment (CFC 906.1 & 4): In addition to the fixed system, a fire extinguisher listed and labeled for Class K fires shall be installed within 30 feet of commercial food heat processing equipment, as measured along an unobstructed path of travel. The preferred location is near the exit from the cooking equipment area. , FID 28 Emergency responder radio coverage in new buildings (CFC 510.1): All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. FID 29 Elevator Stretcher Requirement (CBC 3002.4): Elevators shall be designed to accommodate medical emergency service. The elevator(s) so designed shall accommodate the loading and transport of an ambulance gurney or stretcher 24 inches by 84 inches in the horizontal position. The elevator entrance shall have a clear opening of not less than 42 inches wide or less than 78 inches high. The elevator car shall be provided with a minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches, and a minimum distance from wall to return panel not less than 51 inches with a 42-inch side slide door. 25 Planning Commission Resolution No. 6927 September 28, 2022 Case Nos. 5.1132-101) 333 AMND/ TTM 35236 Page 26 "i FID 30 Elevator Emergency Operation (CFC 607.1): Existing elevators with a travel distance of 25 feet or more shall comply with the requirements in Chapter 46. New elevators shall be provided with Phase I emergency recall operation and Phase II emergency in -car operation in accordance with California Code of Regulations, Title 8, Division 1, Chapter 4, Subchapter 6, Elevator Safety Orders and NFPA 72. • Elevator Keys (CFC 607.4): Keys for the elevator car doors and fire-fighter service keys shall be kept in an approved location for immediate use by the fire department. • Elevator System Shunt Trip (CFC 607.5): Where elevator hoist ways or elevator machine rooms containing elevator control equipment are protected with automatic sprinklers, a means installed in accordance with NFPA 72, Section 21.4, Elevator Shutdown, shall be provided to automatically disconnect the main line power supply to the affected elevator prior to the application of water. This means shall not be self -resetting. The activation of sprinklers outside the hoist way or machine room shall not disconnect the main line power supply. Fire Sprinklers at Bottom of Elevator Pit (NFPA 13: 8.15.5.1): Sidewall spray sprinklers shall be installed at the bottom of each elevator hoist way not more than 2 ft above the floor of the pit. • Elevator Hoist ways and Machine Rooms (NFPA 13: 8.15.5.3): Automatic fire sprinklers shall be required in elevator machine rooms, elevator machinery spaces, control spaces, or hoist ways of traction elevators. Fire Sprinklers at the Top of Elevator Hoist ways (NFPA 13: 8.15.5.6): The sprinkler required at the top of the elevator hoist way by 8.15.5.5 shall not be required where the hoist way for passenger elevators is noncombustible or limited combustible and the car enclosure materials meet the requirements of ASME A17.1, Safety Code for Elevators.and Escalators. • Elevator Recall for Fire Fighters' Service with Automatic Fire Detection (NFPA 72: 21.3.3): Unless otherwise required by, the authority having jurisdiction, only the elevator lobby, elevator hoist way, and elevator machine room smoke detectors, or other automatic fire detection as permitted by 21.3.9, shall be used to 26 Planning Commission Resolution No. 6927 September 28, 2022 Case Nos. 5.1132-PD 333 AMND / TrM 35236 Page 27 recall elevators for fire fighters' service. • Exception: A water -flow switch shall be permitted to initiate elevator recall upon activation of a sprinkler installed at the bottom of the elevator hoist way (the elevator pit), provided the water -flow switch and pit sprinkler are installed on a separately valved sprinkler line dedicated solely for protecting the elevator pit, and the water -flow switch is provided without time -delay capability. • Elevator Recall with Fire Sprinkler in Elevator Pit (NFPA 72: 21.3.7): When sprinklers are installed in elevator pits, automatic fire detection shall be installed to initiate elevator recall in accordance with 2.27.3.2.1(c) of ANSI/ASME A.17.1/CSA 644, Safety Code for Elevators and Escalators, and the following shall apply: • Where sprinklers are located above the lowest level of recall, the fire detection device shall be located at the top of the hoist way. • (2) Where sprinklers are located in the bottom of the hoist way (the pit), fire detection device(s) shall be installed in the pit in accordance with Chapter 17. • (3) Outputs to the elevator controller(s) shall comply with 21.3.14. • Elevator Systems Automatic Detection (NFPA 72: 21.3.9): If ambient conditions prohibit installation of automatic smoke detection, other automatic fire detection shall be permitted. • Detector Annunciation at the Building Fire Alarm Control Unit (NFPA 72: 21.3.10): When actuated, any detector that has initiated fire fighters' recall shall also be annunciated at the building fire alarm control unit, or other fire alarm control unit as described in 21.3.2, and at required remote annunciators. FID 31 "Exit Analysis Plans". required (CFC 104.7.2): Prepared, stamped and signed by a state licensed architect in 1/d' = 1' scale. The floor plans shall address the following for all assembly occupancies including swimming pool enclosures: • Provide net occupant load calculations for interior (restaurant & bar) and outdoor patios. The occupant load determination shall 27 Planning Commission Resolution No. 6927 Case Nos. 5.1132-PD 333 AMND ! TTM 35236 September 28, 2022 Page 28 be made by the Fire Marshal • Seating/table diagram with compliant aisle widths • Minimum required egress width to accommodate occupant load • Exit access travel distance • Egress paths to public way • Means of egress illumination locations • Illuminated EXIT sign locations • Compliant exit doors/gates and door/gate hardware (panic hardware) • Note any elevation changes in the exit discharge • Locations of fire extinguishers (minimum rating 2A-1013C). FID 32 Interior Finish, Decorative Materials and Furnishings (CFC 801.1): Scope. The provisions of this chapter shall govern interior finish, interior trim, furniture, furnishings, decorative materials, and decorative vegetation in buildings. Existing buildings shall comply with Sections 803 through 808. New buildings shall comply with Sections 804 through 808, and Section 803 of the California Building Code. • Report submittal to be prepared by a registered design professional acceptable to the fire code official FID 33 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 END OF CONDITIONS 28