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HomeMy WebLinkAboutPC Resolution _4675- Case 5.0805RESOLUTION NO. 4675 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL OF CASE NO. 5.0805 (PLANNED DEVELOPMENT DISTRICT NO. 255) TO CBM GROUP, SUBJECT TO THE CONDITIONS STATED, FOR A PLANNED DEVELOPMENT DISTRICT FOR THE DEVELOPMENT OF A 60 UNIT VERY LOW AND LOW INCOME RESIDENTIAL APARTMENT PROJECT (GARDEN SPRINGS APARTMENTS) ON A 3.63 ACRE PARCEL LOCATED AT THE SOUTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE, R-2 ZONE SECTION 2, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, Mr. Jim Copeland of CBM Group (the "Applicant") has filed an application with the City pursuant to Section 9402.00 and 9403.00 of the Zoning Ordinance, Case No. 5.0805 (Preliminary Planned Development District No. 255) for the development of a 60 unit very low and low income residential apartment project on a 3.63 acre parcel located at the southeast corner of Indian Canyon Drive and San Rafael Drive, Section 2; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Case No. 5.0805 (Planned Development District No. 255) was given in accordance with applicable law; and WHEREAS, on December 8, 1999, a public hearing on the application for Case No. 5.0805 (Planned Development District No. 255) was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Planned Development District, (Case No. 5.0805/PD 255), is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the PIanning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the staff report, all environmental data including the initial study, the proposed Mitigated Negative Declaration and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows: The final Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The Planning Commission has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed project, which includes mitigation measures for Land Use and Planning with respect to transition of land use, Air Quality with respect to short term construction activities, Police Protection, Public Controversy and Traffic and Circulation including the payment of Transportation Uniform Mitigation Fund (TUMF) fees upon issuance of building permits and that, on the basis of the initial study and continents received during the public review process, there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of this Project. The Planning Commission further finds that the Mitigated Negative Declaration reflects its independent judgment. Section 2: Pursuant to Section 9403.00 of the Zoning Ordinance, the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. That the use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance. The proposed Planned Development District will allow for a 60 unit very low and low income apartment project on the subject property, including a density bonus in conformance with Section 65915 of the California Government Code, is permitted pursuant to a Planned Development District. 0 b. That the proposed Planned Development District is consistent with the applicable general and specific plans. The subject property is designated as "M15" (Medium Residential) on the City's General Plan Land Use Map and "R-2" (Limited Multiple Family Residential Zone) pursuant to the Zoning Map. The objective of the M15 General Plan Designation is to allow or conditionally permit a broad range of residential uses of a density not to exceed 15 dwelling units per acre. The proposed use fits within the broad range of uses typically allowed within the Medium Density Residential General Plan category. However, the proposed project also includes a request for a density bonus in compliance with Section 65915 of the California Government Code. Section 65915(b) provides that a developer shall be granted a density bonus and at least one of the concessions or incentives identified in subsection 65915(h) if the developer agrees to construct at least 20% of the total units of a housing development for lower income households, as defined in Section 50079.5 of the Health and Safety Code or at least 10% for very low income households, as defined in Section 50105 of the Health and Safety Code. The application contemplates a total of 60 units on the property, on a site that would be normally allowed to have a maximum of 53 units by right of zone. The project falls within the density bonus criteria specified under Section 65915 (66 units could be developed on this site under Section 65913.5 of the California Government Code), as long as the units are guaranteed to remain affordable for very low or low income households. To guarantee the affordability of these units, the project will be under the low income housing tax credit program established pursuant to Internal Revenue Code Section 42. The applicant's agreement requires that one-half of all units constructed be rent restricted for households earning 45% or less than the area median income, while the other half of the units will be rent restricted for households earning 50% or less of the area median income. This affordability requirement will remain in effect for a period of 55 years. With this guarantee for affordable housing in place, the project as designed (including the proposed density bonus) does not conflict with the existing General Plan designation and the development and uses anticipated within this project support its goals and policies. the proposed use on the larger scale is in consonance with the spirit and intent of the plan, providing needed supportive retail uses to tourists and residents of the area. Thus, the proposed project should not be a significant impact to the surrounding neighborhood. C. That the said 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 zones in which the proposed use is to be located. The proposed Preliminary Planned Development District application for a 60 unit very low and low income apartment project will provide additional housing opportunities for very low and low income residents and larger families that fall within the very low and low income categories, based on Riverside County income criteria. The proposed project includes the development of 60 family ( 2, 3, and 4 bedroom) apartment units specifically for households that qualify as very low and low income, as defined in the California Health and Safety Code. The affordability of these units has been guaranteed for 55 years per an agreement under the low income tax credit housing program, between the applicant and the Federal Government. The applicant's agreement requires that one-half of all units constructed be rent restricted for households earning 45% or less than the area (Riverside County) median income, while the other half of the units will be rent restricted for households earning 50% or less of the area median income. To ascertain the need for additional affordable housing within the City, staff has reviewed the City of Palm Springs Consolidated Plan for fiscal years 1995-1999 (valid through June 30, 2000) and a draft Market Analysis for Affordable Housing, prepared by David Rosen and Associates, dated October 29, 1999. One of the primary conclusions of the draft Market Analysis for Affordable Housing most applicable to the proposed project was that, despite the relatively affordable housing stock in the City, there is an inadequate supply of affordable housing in Palm Springs for very low income residents and large families. The study states that multi -family rental housing is the primary source of affordable housing in most communities and that very few apartment units in Palm Springs are appropriately sized for larger families. According to the study, approximately 11.8% of all renters in Palm Springs, or approximately 720 households, live in overcrowded conditions (defined as one or more person per room). For families that exceed 5 or more people in the low or very low income brackets, over 68 percent of these families live in overcrowded conditions. The draft Market Analysis for Affordable Housing also included a limited rental housing vacancy survey conducted in September, 1999, to ascertain average rental rates and vacancy rates for rental housing stock throughout the community. Of the 1,094 units covered in the survey, only 26 units were reported available for rent, for a vacancy rate of 2.4%. The consultant indicates that a rental vacancy rate of less than 5 percent indicates generally a tight market. Currently, a total of approximately 1,159 very low and low income units exist within the City, 895 of which are designated "family" units. Based on the findings and conclusions of the Market Study for Affordable Housing, a total of 1,609 residential units will be needed to fulfill the needs of the region between the years 2001 and 2005, based on figures from the Coachella Valley Association of Governments (CVAG). A total of 678 of these 1,609 units will be needed for very low or low income households, which are defined as households that less that 80 percent of the area (Riverside County) median income, as recommended by SCAG. To support the above figures, the City of Palm Springs Consolidated Plan in conjunction with the City's Housing Element in the General Plan lists as one of the five year strategy summary goals to preserve affordable housing for City residents with special needs, particularly large families with children, the elderly and the physically and developmentally disabled, thereby acknowledging the need for the type of housing proposed under this application. To address the density transition issue between the R-2 zoned property and the R-1 (single family residential) to the east, dense landscaping will be required along the existing shared property line wall, the two-story residential buildings will be plotted at a minimum of 85 feet and an average of 120 feet from the shared property line, parking lot lighting will be provided via low emission light sources attached to carports physically screened from view of the rear yards of contiguous residences and the common open space amenity areas will be centralized with respect to the residential units, physically separated and screened from adjacent single family residential areas. Based on the above facts, the project should have a positive impact on the community relative to providing needed very low and low income rental housing stock for families. The project will not cause the City to cumulatively exceed official regional or local population projections, induce substantial growth in an area either directly or indirectly or displace existing housing. d. The design or improvements of the proposed planned development are consistent with the General Plan. The subject site is zoned R-2 (Limited Multiple Family Residential) and designated "M15" (Medium Density Residential) pursuant to the General Plan Land Use Map. The project will be compatible with the General Plan and with existing land uses to the south and future uses of vacant land to the west (across Indian Canyon Drive), which is intended to be developed with medium density residential housing, and the vacant land to the north, which could be developed with a wide variety of commercial, residential of light manufacturing uses. San Rafael Drive will serve as a buffer between any future higher intensity land uses of this parcel. Furthermore, the project has been designed to be sensitive to and not conflict with the existing single family residences directly to the east of the site by incorporating elements such as, but not limited to, incorporating a combination of dense landscaping and block walls along shared property lines, orienting buildings such that potential concerns such as noise, privacy and light and glare will be minimized, at a minimum of 85 feet and an average of 120 feet from the shared property line, providing parking lot lighting via low emission light sources attached to carports physically screened from view of the rear yards of contiguous residences and centralizing the common open space amenity areas. e. The site is physically suitable for the type of development contemplated by the planned development. The project has been designed to comply with all performance and development standards of the "R-2" Zone of the Zoning Ordinance, with the exception of the proposed density bonus, which is in compliance with Section 65915 of the California Government Code, provided that assurances are required for the project to remain affordable. The site is essentially flat in topography and is void of any significant vegetation or structures, and can be directly accessed by San Rafael Drive and Simms Road. Thus, the site is physically suitable for the type of development contemplated by the proposed Planned Development. f. The site is physically suitable for the proposed density of development contemplated by the proposed planned development. The project has been designed to comply with the density standards of the "R-2" Zone of the Zoning Ordinance provided that assurances are required for the project to remain affordable, pursuant to Section 65915 of the California Government Code. The project site is separated from existing land uses to the north, west, and south by streets. Nevertheless, the proposed planned development will be consistent with existing land uses and designations to the south and west, and east, and will be compatible with future land uses to the north, as San Rafael Drive will serve as a sufficient buffer from future land uses. Numerous mitigations, including building orientation and locations, amenity centralization and shared property line treatments are provided in the project design to address potential land use conflicts between the lower density residential development to the east. The site is essentially flat in topography and is void of any significant vegetation or structures, and will be accessed by via San Rafael Drive and Simms Road. Thus, the project should be compatible with surrounding neighborhood. r g. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed Planned Development is bordered on three sides by roadways, one of which is a major thoroughfare, one of which is a secondary thoroughfare and one of which is a local residential street. To address future cumulative traffic issues in the immediate area, the perimeter streets will be required to be dedicated and developed to their full ultimate half - street widths, consistent with the goals, policies and objectives of the City's General Plan. The payment of Transportation Uniform Mitigation Fund (TUMF) fees will be required upon issuance of building permits. A bus bay turnout and bus shelter will be required along the Indian Canyon Drive frontage in accordance with the design criteria of Sun Line Mass Transit. A continuation of the City bikeway system will be required along the Indian Canyon Drive frontage, consistent with the City's bikeways plan. The above items will enhance alternative transportation options for residents of the project and existing residents of the immediate area and help to reduce automobile trips in the immediate area. With all the above items incorporated into the recommended Conditions of Approval for the project (Exhibit A), the vehicular circulation system will not be negatively impacted by trips generated from this project. h. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for public street improvements, landscape and wall treatments along the project perimeter and appropriate on -site lighting. i. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of-way to the City and the off -site improvements as related to the Planned Development District. The conditions requiring off -site improvements which are required by City ordinances are related to the proper function of the project in the proposed location. Residents and visitors will utilize San Rafael Drive and Simms Road to access the site. Indian Canyon Drive will not have direct vehicular access to maintain traffic flow along this major thoroughfare. Conditions of approval require full street improvements along all three street frontages, including the construction of a bus bay turnout along the Indian Canyon Drive frontage, the installation of a street lighting, the installation of other improvements such as curbs, gutters and sidewalks. All of the required off -site improvements will provide direct and immediate safety benefits to the residents, visitors and owners of the proposed project and the requirements will provide for an aesthetically pleasing site for its users to enjoy. The required improvements are in rights -of -way immediately adjacent to the site, which must be utilized by ` those accessing the subject site. Transportation Uniform Mitigation Fund (TUMF) fees will be required to be paid upon issuance of building permits for the project to mitigate additional traffic generated by the project. Without the proposed project, which will provide for 60 new residential dwelling units within the community, these improvements would not be warranted since the site is currently vacant and not currently impacting any City rights -of -way. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby recommends approval of Case No. 5.0805 (Planned Development District No. 255) subject to those conditions set forth in the in Exhibit A on file in the Department of Planning & Building, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 8th day of December, 1999. AYES: Mills, Fontana, Raya, Jurasky, Caffery, Klatchko NOES: ABSENT: Matthews ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairman, Pla' nning Commission c� Art, KkVt(L V` Y.AIVA1*u WtIr. „sae a_Fptz�s.�,1. Date..-R/gly! RESOLUTION NO. 4675 iJ"QVED BY CITY C[t K11 EXHIBIT A Caw ,seal** a PLANNED DEVELOPMENT DISTRICT 5. t• #4�MBlICT TO ALL �(Q).0 GARDEN SPRINGS APARTMENTS BY CBM SEC OF INDIAN CANYON DRIVE AND SAN RAFAEL DRIVE DECEMBER 8,1999 CONDITIONS OF APPROVAL Before final, acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ENGINEERING: 0 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. INDIAN CANYON DRIVE NORTH 2. Dedicate an additional right-of-way to provide a property line - corner cut -back at the NORTHWEST AND SOUTHWEST comers of the subject property in accordance with City of Palm Springs Standard Drawing No. 105 and for the bus turnout. 3. Construct an 8 inch curb and gutter, 38 feet EAST of centerline along the entire frontage, with a 35 foot radius curb return at the NORTHWEST AND SOUTHWEST corners of the subject property per City of Palm Springs Standard Drawing No. 200. 4. Construct the SOUTH half of an 8 foot cross gutter and spandrel at the intersection of INDIAN CANYON DRIVE NORTH and SAN RAFAEL ROAD with a flow line parallel to the centerline of INDIAN CANYON DRIVE NORTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 5. Construct the NORTH half of an 6 foot cross gutter and spandrel at the intersection of INDIAN CANYON DRIVE NORTH and SIMMS ROAD with a flow line parallel to the centerline of INDIAN CANYON DRIVE NORTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct a 10 foot wide combination sidewalk and bicycle path along the entire INDIAN CANYON DRIVE NORTH frontage. The construction shall be adjacent to the curb with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. 7. Construct a curb ramp meeting current California State Accessibility standards at the NORTHWEST AND SOUTHWEST corners of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 8. Construct a 160-foot long by 12-foot wide bus turn out on the INDIAN CANYON DRIVE NORTH frontage between SAN RAFAEL ROAD AND SIMMS ROAD. The configuration shall be approved by the City Engineer in conjunction with SunLine Transit. Contact SunLine Transit for details regarding bus stop f tmiturelshelter requirements. 9. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95 % relative compaction, OR equal, from edge of proposed gutter to clean saw cut edge of existing pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. It the cross fall is less that 1.5 %, the developer shall construct a variable thickness overlay providing the same structural section as above to the centerline of street. 9A. The developer shall pay his proportionate share of the construction of a 14-foot wide landscaped, raised median island as specified by the City Engineer from San Rafael Road to Simms Road. Provide a left turn pocket on the south side of the Indian Canyon Drive North at San Rafael intersection. Provide a left turn pocket on the north side of the Indian Canyon Drive North at Simms Road intersection. The nose width shall be 4 feet wide and shall have stone cobbles to the point where the desertscape can begin. The length of the turn pockets shall be determined per Caltrans Highway Design Manual Sec. 405 and be approved by the City Engineer. SAN RAFAEL ROAD 10. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 26 feet. 11. All broken or off grade CURB, GUTTER, AC PAVEMENT, AND SIDEWALK shall be repaired or replaced. SIMMS ROAD 12. Construct a 6 inch curb and gutter, 20 feet NORTH of centerline along the entire frontage, with a 35 foot radius curb return at the SOUTHWEST comer of the subject property per City of Palm Springs Standard Drawing No. 200. 13. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 26 feet. 14. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 15. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95 % relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 16. Connect all sanitary facilities to the City sewer system located in Indian Canyon Drive North. Lateral shall not be connected at manhole. GRADING 17. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 18. Submit a Grading Plan prepared by a Registered Professional to the Engineering Division for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Division. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: u A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. 19. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 20. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosionlblowsand relating to his property and development. 21. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 22. Contact the Building Department to get PM 10 requirements prior to request for grading permit. DRAINAGE 23. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. 24. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities according to the approved Master Plan of Flood Control and Drainage. Validated costs incurred by the developer for design and construction of storm and/or drainage improvements adjacent to such development as shown in said Master Plan shall be credited toward the drainage fee otherwise due or in the event such cost exceeds the fee otherwise due, the City will enter into a reimbursement agreement with developer to reimburse him for such excess costs from drainage fees collected from other development. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. This condition shall be complied with, to the satisfaction of the City Engineer, prior to filing any final map or issuance of the building permit. 25. The minimum pavement section for all on -site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95 % relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 26. The on -site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. 27. Any utility cuts in the existing off -site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 28. All existing and proposed utility lines that are less than 35 kV on/or adjacent to the Indian Canyon North frontage of this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Division along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 28A. The owner shall enter into a covenant agreeing to underground all existing overhead utilities on/or adjacent to the east property line that are less than 35 kV in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be consummated and submitted to the Engineering Department prior to issuance of a grading permit. 29. All rp oposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 30. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as -built and returned to the City of Palm Springs Engineering Division prior to issuance of the certificate of occupancy. 31. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 32. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 33. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. TRAFFIC 34. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above -ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right- of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the INDIAN CANYON DRIVE NORTH, SAN RAFAEL ROAD and SIMMS ROAD frontages of the subject property. 35. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the INDIAN CANYON DRIVE NORTH frontages prior to issuance of a Certificate of Occupancy. 36. The developer shall install a 16,000 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the NORTHEAST comer of INDIAN CANYON DRIVE NORTH and SIMMS ROAD with the mast arm over INDIAN CANYON DRIVE NORTH. The pole and luminaire shall be furnished by the developer. 37. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. 38. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL MULTI -FAMILY ITE Code B land use. PLANNING: The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. Ia. 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 5.0805-PD-255. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Approval is granted for the conceptual approval of a 60-unit very low and low income residential apartment project which includes a density bonus for the project pursuant to the provisions of Section 65915 of the California Government Code. For this density bonus to become valid, evidence shall be provided to the Department of Planning and Building that the project will be under the low income housing tax credit program established pursuant to Internal Revenue Code Section 42 and that the applicant's agreement requires that one-half of all units constructed shall be rent restricted for households earning 45% or less than the area median income, while the other half of the units will be rent restricted for households earning 50% or less of the area median income. This affordability requirement shall remain in effect for a minimum period of 55 years. No future conversion to condominiums shall be contemplated for the life of this project. 3. Pursuant to Fish and Game Code Section 711.4 a filing fee of $78.00 is required. This project has a de muumus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the farm of a money order or cashier's check payable to Riverside County. 4. 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 negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 5. The appeal period for this application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 6. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 7. Final landscaping, irrigation, exterior lighting, carport, gated entrance, amenity package and wall/fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building pen -nit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 8. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 9. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 10. 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. 11. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 12. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Patin Springs Engineering specifications. 13. 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 and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $ 2,000.00 for the review of the CC&R's by the City Attorney. 14. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 15. All materials on the flat portions of the roof shall be earth tone in color. 16. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 17. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 18. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 19. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 20. The street address numbering/lettering shall not exceed eight inches in height. 21. The project shall be operated in compliance with Section 11.74 of the Palm Springs Municipal Code, which deals with Noise. 0 22. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 23. An exterior lighting plan in accordance with the lighting ordinance in effect at the time shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. if lights are proposed to be mounted on buildings, down -lights shall be utilized. 24. Illumination levels in the parking area shall be an average of approximately one -foot candle with a ratio of average light to minimum light of four to one (4:1). 25. If proposed, parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 26. Parking lot lighting shall be primarily from carport structures mounted above parking spaces and shielded from direct view, as to minimize impacts on adjacent properties, to the satisfaction of the Director of Planning and Building 0 27. Submit plans meeting City standard for approval of the proposed trash and recyclable materials enclosures prior to issuance of a building permit. 28. 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 feeing 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 Building and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 29. Details of pool and tot lot fencing (material and color) and equipment area shall be submitted with final landscape plan. 30. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 31. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 32. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements in Section 9306.00 of the Zoning Ordinance. 33. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 34. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 35. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 36. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 37. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 38. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 39. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 40. Minimum landscape and parking setbacks for the Planned Development District are established as follows (as measured from ultimate property line): Indian Canyon Drive - 25 feet. San Rafael Drive - 30 feet. Simms Road - 20 feet. East property line -10 feet. 0 40a. Minimum buildingsetbacks for the project are established as follows as measured from p J ( ultimate property line): Indian Canyon Drive - 25 feet. San Rafael Drive - 30 feet. Simms Road - 20 feet. West property line - 80 feet (120 feet - average). 41. All parking areas shall be adequately screened pursuant to Section 9306.00 of the Zoning Ordinance, including the use of decorative screen walls in the streetscape areas between on -site parking areas and the public streets. As such, four foot high walls and/or berms are required. Should berming be used adjacent to retention basins for on -site drainage, the berming shall fit aesthetically and shall not include extreme slopes for either the berms or the retention basins. If walls are utilized, the design, height, texture and color of the walls shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. 42. The design of the on -site retention basins shall be as unobtrusive as possible and shall incorporate more of a natural, free -flowing shape. Retention basins shall not be permitted along Indian Canyon Drive, San Rafael Drive or Simms Road. Retention basins, landscape berming and masonry screening walls (if proposed) shall be shown on the grading plan in order to ensure all proposed elements fit aesthetically in the proposed locations and that the appropriate spacial relationships are maintained. The shape of the retention basins shall be reviewed and approved by the Planning Commission as part of the final Planned Development plans. 43. The final design of the vehicular access points, which include access gates, special pavement, call boxes, turnaround areas, etc. shall be reviewed as part of the final development plans by the Planning Commission. 44. A heavy landscape screen should be provided along the east property line to screen parking areas from the adjacent single family residences to the east, to the satisfaction of the Director of Planning and Building. 45. The project side of the existing wall along the east property fine shall be stuccoed and painted to match other new decorative perimeter walls around the project, to the satisfaction of the Director of Planning and Building. 46. Additional trees and shrub massing should be provided against the building, to the satisfaction of the Director of Planning and Building. 47. The maximum height of the two-story buildings shall not exceed 24 feet, as measured from finished grade, as depicted on the conceptual building elevations. In addition, the final grading plan building pad elevations shall not exceed that shown on the conceptual grading plan. 48. The project shall be designed and operated as to comply with Section 9202.04 of the Zoning Ordinance, which relates to Performance Standards for the R 2 Zone. 49. A bus shelter shall be constructed along the Indian Canyon Drive frontage in conjunction with the bus bay turnout on Indian Canyon Drive. The design of the bus shelter shall be integrated architecturally with the architecture of the buildings, to the satisfaction of the Director of Planning and Building. Contact SunLine Transit for details regarding bus stop furniture/shelter requirements. 50. Gated and secured pedestrian connections from the public sidewalk along Indian Canyon Drive into the project shall be provided to the satisfaction of the Director of Planning and Building. 51. A lightweight flat concrete the material shall be used in lieu of the proposed composition shingle material. A material sample of the roof tile shall be submitted for review and approval of the Director of Planning and Building prior to the issuance of building permits. 52. A continuous landscape hedge shall be provided along the east property line, to the f satisfaction of the Director of PIanning and Building. �,,,j POLICE DEPARTMENT: 52. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 53. The location of the trash enclosures are acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 54. Prior to any construction on -site, all appropriate permits must be secured. FIRE DEPARTMENT: 55. Construction shall be in accordance with the 1998 California Fire Code, 1998 Uniform Building Code, 1998 Uniform Mechanical Code, City of Palm Springs Ordinance 1523, Desert Water Agency requirements, NFPA Standards 13R, 24, 25, 26, 71, 72, 72E, 72G 96 and UL-300. Occupancy groupage shall be determined by the Building Official. 56. Exterior doors and openings shall be in accordance with the 1998 Uniform Fire Code, or 1� � the 1998 Building Code and shall be maintained readily accessible for emergency access by the Fire Department. Contact Building Official. 57. Fire department access roads shall be provided in accordance with the 1998 Uniform Fire Code and 1998 Uniform Building Code. 58. Fire department access roads shall be maintained in accordance with the 1998 Uniform Fire Code. 59. Fire Apparatus Roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. 60. Required marking of fire apparatus roads, address and fire protection equipment per 1998 Uniform Fire Code. 61. Fire Department Access Roads shall be all weather driving and support a minimum weight of 46,700 lbs. Turning radius shall not be less than 43 feet on center. 62. Construction site fencing required per City of Palm Springs Ordinance 1523 or if the Fire Marshal deems necessary. A construction site guard is required for combustible construction over 10,000 square feet or if the Fire Marshal deems necessary. 63. A construction site guard shall remain intact until buildings are stuccoed and secured with doors and windows. The guard must be on duty at the construction site during all normal non- working hours or as the Fire Marshall deems necessary. 64. Construction site fire apparatus access gate(s) are required and shall be a minimum of 14 feet in width. Fire department access gates shall be equipped with a KNOX locking device. Contact the Fire Department for KNOX application forms. 65. Provide a garden hose or hoses on construction site equipped with an adjustable spray nozzle capable of reaching all combustible construction. 66. Premises identification shall be in accordance with the 1998 Uniform Fire Code and the 1998 Uniform Building Code. 67. Complex fire apparatus access gate(s) are required and shall be a minimum of 14 feet in width. Fire department access gates shall be equipped with a KNOX locking device. Contact the Fire Department for KNOX application forms. 68. A KNOX Lock Box shall be required per the 1998 Uniform Fire Code. The location shall be determined by the field inspector. 69. Water supplies and fire hydrants shall be in accordance with the 1998 Uniform Fire Code, NFPA 24, 25, 26, and Desert Water Agency specifications. 70. An operational fire hydrant(s) capable of providing required GPM shall be installed within 250 feet of all new combustible construction. 71. A fire hydrant is required within 30 to 40 feet of Fire Department connection. 72. All underground pipe shall be installed in accordance with Pamphlet NFPA 24. 73. All underground pipe and thrust blocks to be inspected by this office before backfilling. 74. Hydrostatic testing per this office. Call at least 24 hours in advance for all inspection requests. 75. Portable Fire Extinguishers shall be installed in accordance with 1998 Uniform Fire Code. Provide one 2-A: 10-B:C fire extinguisher for every 75 feet of floor or grade travel distance. Machine room fire extinguishers shall have a minimum rating of 10-B:C. Cooking line fire extinguishers shall have a minimum rating of 2A:1:B:C:K per NFPA 10 and 96. 76. An automatic fire sprinkler system equipped with 24 hour monitoring shall be required in accordance with 1998 Uniform Fire Code and 1998 Uniform Building Code. 77. The installation of an Automatic Fire Sprinkler System shall only be done by a state licensed C- 16 Fire Sprinkler contractor in accordance with 1998 Uniform Fire Code, 1998 Uniform Building Code and NFPA Pamphlets 13R 24, 25 and 26. The contractor shall submit plans directly to the Fire Department as soon as possible. 78. Submittal to include manufacturers data/cut sheets and listings with expiration dates plus hydraulic calculations. Sprinkler heads shall be UL listed and California State Fire Marshal approved. Monitoring and alarms shall be in accordance with the 1998 Uniform Fire Code and NFPA Pamphlets 71, 72, 72E and 72G. 79. A fire alarm system shall be required. Installation and maintenance shall be in accordance with the 1998 Uniform Fire Code and NFPA Pamphlets 71, 72, 72E and 72G. 80. Flame retardant treatment and standards shall be in accordance with the 1998 Uniform Fire Code. Submit certificates and listings directly to the Fire Department as soon as possible. IN