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HomeMy WebLinkAboutPCResolution _4797- Case 5.0909RESOLUTION NO.4797 OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0909, AN APPLICATION BY BRAD KORZEN FOR A CONDITIONAL USE PERMIT FOR INCIDENTAL COMMERCIAL USES LOCATED WITHIN HOTELS CONTAINING LESS THAN 100 GUEST ROOMS, AND OPERATED PRIMARILY FOR THE CONVENIENCE OF THE HOTEL GUESTS, INCLUDING THE OPERATION OFA RESTAURANT, BAR, SPA AND MEETING ROOMS, AT THE ESTRELLA INN, LOCATED AT 415 S. BELARDO ROAD, R-3 ZONE, SECTION 15. WHEREAS, Brad Korzen, (the "Applicant") filed an application with the City pursuant to section 9402.00 of the Zoning Ordinance for a Conditional Use Permit to allow incidental commercial uses ,within a hotel containing less than 100 guest rooms, and operated primarily for the use of hotels guests, including restaurant, bar, spa and meeting rooms ast 415 S. Belardo Road, Zone R-3, Sectionl5; and WHEREAS, the uses are intended primarily for the convenience of hotel guests; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Conditional Use Permit 5.0909 was issued in accordance with applicable law; and WHEREAS, on July 24, 2002, a public hearing on the application for Conditional Use Permit 5.0909 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning 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 written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA). Section 2: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds that: a. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's zoning ordinance. Pursuant to the Zoning Ordinance, incidental commercial uses, including restaurants, bars, spas and meeting rooms, located in hotels with less than 100 rooms and operated primarily for the convenience of the hotel guests are permitted in the R-3 zone with a conditional use permit. Mol b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The applicant's objective is to provide additional guest facilities and services on -site in order meets the needs of a higher end clientele. The new multi -purpose facility could be utilized for meetings, receptions and conferences. The proposed spa, restaurant and bar would help to transform the facility from a limited service property into a full service mini -resort. The proposed uses are necessary and desirable for the development of the community and are consistent with General Plan Objective 3.8 and General Plan Policy 3.8.1. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the vicinity. The Planning Commission has determined that the existing parking is a legal and non- conforming use. The applicant has demonstrated their ability to balance parking on site. The applicant has submitted an on -site parking program that indicates that, based upon the determination that the existing parking is a legal and non -conforming use, adequate parking is available on -site. The existing and proposed buildings meets all current setback requirements. d. 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 new construction would not increase the total square footage by 10%, therefore the applicant will not be required to dedicate additional right of way along Belardo or Cahuilla Roads. The number of vehicles will not significantly increase due to the proposed expansion of the existing use. Therefore, the granting of this Conditional Use Permit with the conditions of approval will not adversely affect the General Plan. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The proposed use is a minor expansion within an existing hotel property located within the R-3 (Multi -Family Residential and Hotel Zone) zoning district which allows for incidental commercial uses at hotels with less than 100 rooms by Conditional Use Permit. NO Ee NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.00909, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 24th day of July, 2002. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Chairman of the Planning Commission Secretary of the Planning Commission N C M- w N xs.s-�To-. nrs 0 O PH40YEf' 31 GI11 t�i?l;F s;ii . • s— EXHIBIT A CASE 5.0909 ESTRELLA INN CONDITIONS OF APPROVAL July 24, 2002 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. PLANNING DEPARTMENT: 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. 1 a. 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 5.00909-CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein- 2. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws, any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment-, as determined by the Chief of Police or the Director of Planning and Building, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 9402.001 of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. NPI w r 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, 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. 4. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. No sirens, outside paging, music speaker system or any type of signalization will be permitted except approved alarm systems. 6. 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. 7. 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. 8. 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. 9. 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. 10. All materials on the flat portions of the roof shall be earth tone in color. 11. 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. 12. No exterior downspouts shall be permitted on anyfacade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting for all new improvements, 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. A photometric study shall be required for all parking areas, driveways and entries. INK N N K 14. Parking lot light fixtures in new parking areas shall align with stall striping and shall be located two to three feet from curb face. 15. 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 112% for commercial projects or 114% 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 bythe 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. 16. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 17. 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. 18. Parking islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 new parking spaces. Additional islands may be necessary to comply with shading requirements in #19 below. 19. Shading requirements for new parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 20. Parking stalls for new parking 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. 21. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to new end parking spaces or end spaces shall be increased to eleven (11) feet wide. 22. Tree wells shall be provided within the new parking lot and shall have a planting area of six feet in diameter/width, 23. Standard parking spaces for new 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". NO K 24. 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. 25. Compact and handicapped spaces shall be appropriately marked per Section 9306.000 10. 26. Curbs shall be installed at a minimum of five (5) feet from face of wails, 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. 27. In the event that parking problems occur as a result of this project, the applicant shall be required to provide an expanded parking management program which address parking both on - site and off -site. 28. Any additional signage permitted shall be limited to on -site convenience signs primarily for the benefit of hotel guests. 29. The applicant shall submit revised architectural elevations for the meeting room facility for review and approval by the Planning Commission. 30. The applicant shall submit a parking management plan and revised site plans for the Cahuilla Road street frontage, including upgraded bay parking and enhanced decorative landscaping with planter islands and shade trees for review and approval by the Planning Commission. 31. The applicant shall adhere to the noise ordinance. ENGINEERING DEPARTMENT: Attached FIRE DEPARTMENT: Pending N N July 22, 2002 Eng. File No. E-3006 Date: July 22, 2002 To: Development Committee Chairman From: Senior Civil Engineer RD E C E 0 W E KL202 0 PLANNING DIVISION APPLICATION FOR APPROVAL OF AN ADDITION LOCATED AT 359 CAHUILLA ROAD SOUTH, (APN 513-202-005, SECTION 15, T 4 S, R 4 E, S.B.B.M., CASE NO.5.0909, ENG. FILE NO.3006 The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. 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. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall Include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and Improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. CAHUILLA ROAD SOUTH 3. Construct a 6 inch curb and gutter, 20 feet EAST of centerline where required per City of Palm Springs Standard Drawing No. 200 and 206. 101 Ee m July 22, 2002 Eng. File No. E-3006 4. Construct a modified driveway approach where bay parking stalls are proposed per City of Palm Springs Standard Drawing No. 201 (see Note 5 and Section A -A for depressed top of curb on Std. Dwg. No. 201). 5. Construct minimum 27 foot wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 where existing point of access is located. 6. Construct minimum 12 foot wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 where existing point of access is located. 7. Construct an 8 foot wide sidewalk behind the curb where not already existing in accordance with City of Palm Springs Standard Drawing No. 210. 8. 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 where required in accordance with City of Palm Springs Standard Drawing No. 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. BELARDO ROAD SOUTH 9. Construct an 8 foot wide sidewalk behind the curb where not already existing (remove the existing asphalt sidewalk and replace) along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 10. Remove the depressed curb and gutter located 20 feet WEST of centerline and replace with 6 Inch curb and gutter located 20 feet WEST of centerline along the parallel parking spaces, per City of Palm Springs Standard Drawing No. 200. 11. 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 clean sawcut edge of pavement along the parallel parking spaces In accordance with City of Palm Springs Standard Drawing -No. 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 12. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. W �i N July 22, 2002 Eng. File No. E-3006 GRADING 13. 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. 14. Submit cut and fill quantities to City Engineer to determine if a Grading Plan is required. If required, the Grading Plan shall be prepared by a Registered Professional and submitted to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal Includes the following: A. Copy of Planning Department comments regarding the grading plan. 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. 15. In accordance with City of Palm Springs Municipal Code, Section 8.50.05(c), the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosiordblowsand relating to his property and development. The bond amount will be based on the square footage of the disturbed area. 16. The area In which this project Is situated is indicative of desert soil conditions found in many areas of Palm Springs. The Engineering Department does not require a soils report. This does not mean that subterranean conditions unknown at this time may not affect construction done on this site. 17. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 18. In cooperation with the Riverside County Agdc:ultural 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 3 Ee N U July 22, 2002 Eng. File No. E-3006 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 19. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. ON -SITE 20. The minimum pavement section for all on -site streetslparking areas shall be 2- 112 inch asphalt concrete pavement over flinch 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. 21. The on -site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 22. 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. 23. All proposed utility lines onfor adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 24. 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-bullt and returned to the City of Palm Springs Engineering Department prior to Issuance of the certificate of occupancy. 25. Nothing shall be constructed or planted in the comer cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 26. All proposed trees within the public right-of-way and within 10 feet of the public 4 N N K July 22, 2002 Eng. File No. E-3006 sidewalk and/or curb shall have City approved deep root barriers Installed per City of Palm Springs Engineering specifications. MAP 27. 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 Lot Line Adjustment. 28. The existing property (APNs 513-202-005 and 513-212-004, also described as Lots 4, 5, 6, and the south 50 feet of Lot 3 in Block 17 of The Townsite of Palm Springs, records of San Diego County, recorded in Book 9, Page 432 of Maps) shall be combined. The developer shall submit a lot line adjustment prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Department. The Lot Line Adjustment shall be approved prior to issuance of grading or building permits. TRAFFIC 29. 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 CAHUILLA ROAD SOUTH frontage of the subject property. 30. 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. Ee m Al July 22, 2002 Eng. File No, E-3006 Submitted: a"4 V" /7v� Engineering Associate Approved: Marcus L. Fuller, Senior Civil Engineer ` Off -Site Improvements Approved For Deferral By Covenant MLF:MVH:mvh Date: Z3 0 2 N POIA 1*:1:11:311lia1 CASE 5.0909 ESTREL A WN 415 BELARDO ROAD REVISED CONDITIONS OF APPROVAL June 25, 2003 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. PLANNING DEPARTMENT: 1. 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. 1 a. 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 5.00909-CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. Non-compliance with any of the conditions of this approval, or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Planning and Building, may result in commencement of proceedings to revoke the Conditional Use Permit pursuant to Section 9402.001 of the Zoning Ordinance. In addition, violations of City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. Ew NO EO 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, 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. 4. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. No sirens, outside paging, music speaker system or any type of signalization will be permitted except approved alarm systems. 6. 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. 7. 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. 8. 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. 9_ 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. 10. All materials on the flat portions of the roof shall be earth tone in color. 11. 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. 12. 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. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting for all new improvements, 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. A photometric study shall be required for all parking areas, driveways and entries. 0 0 MI N 14. Parking lot light fixtures in new parking areas shall align with stall striping and shall be located two to three feet from curb face. 15. 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 112% for commercial projects or 114% 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. 16. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 17. 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. 18. Parking islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 new parking spaces. Additional islands may be necessary to comply with shading requirements in #19 below. 19. Shading requirements for new parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 20. Parking stalls for new parking 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. 21. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to new end parking spaces or end spaces shall be increased to eleven (11) feet wide. 22. Tree wells shall be provided within the new parking lot and shall have a planting area of six feet in diameter/width. 23. Standard parking spaces for new 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". Eo U 24. 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. 25. Compact and handicapped spaces shall be appropriately marked per Section 9306.000 10. 26. 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 wails, fences or buildings adjoining driveways. 27. In the event that parking problems occur as a result of this project, the applicant shall be required to provide an expanded parking management program which address parking both on - site and off -site. 28. Any additional signage permitted shall be limited to on -site convenience signs primarily for the benefit of hotel guests. 29. The applicant shall submit revised architectural elevations for the meeting room facility for review and approval by the Planning Commission. 30. The applicant shall submit a parking management plan and revised site plans for the Cahuilla Road street frontage, including upgraded bay parking and enhanced decorative landscaping with planter islands and shade trees for review and approval by the Planning Commission. 31. Outdoor amplified music shall be prohibited. The applicant shall adhere to the noise ordinance (Municipal Code Section 11.74). 32. The applicant shall prepare engineered street improvement and parking lot plans and land scape plans for review by the Planning Commission within 60 days (by April 28, 2003). 33. The applicant shall provide security equal to the cost of constructing all remaining on site and offsite improvements, including landscaping, trash enclosure, parking areas, and Belardo Road and Cahuilla Street improvements. The bond shall be provided prior to issuance of the certificate of occupancy for the restaurant and bar. 34. The landscape plan provided by the applicant shall include low landscape lighting. 35. The sample event contract provided by the Estrella Inn, shall specifically include a provision stating that "no amplified out door music is permitted." 36. A trash enclosure shall be provided for the restaurant and bar by the applicant within 60 days Ee Es NJ ENGINEERING DEPARTMENT: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 37. 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. 38. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. SOUTH CAHUILLA ROAD 39. Construct a depressed curb and gutter, 20 feet east of centerline where required in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 40. Construct a driveway approach where new bay parking stalls are proposed in accordance with City of Palm Springs Standard Drawing No. 201. 41. Remove the existing driveway approaches and construct 24 feet wide driveway approaches at the locations shown on the approved site plan in accordance with City of Palm Springs Standard Drawing No. 201. 42. Construct a 5 feet wide sidewalk behind the curb in accordance with City of Palm Springs Standard Drawing No. 210. The sidewalk may be constructed with colored concrete; submit color sample to the City Engineer and Director of Planning & Zoning for approval prior to construction. 43. 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 from edge of proposed gutter to clean sawcut edge of pavement in accordance with City of Palm Springs Standard Drawing No. 315. If an alternative pavement section is proposed, the pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SOUTH BELARDO ROAD 44. Construct an 5 feet wide sidewalk behind the curb where not already existing (remove the existing asphalt sidewalk and replace) along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. N 101 N K 45. Remove the depressed curb and gutter located 20 feet west of centerline and replace with 6 inch curb and gutter located 20 feet west of centerline along the parallel parking spaces, in accordance with City of Palm Springs Standard Drawing No. 200. 46. 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 from edge of proposed gutter to clean sawcut edge of pavement in accordance with City of Palm Springs Standard Drawing No. 315. If an alternative pavement section is proposed, the pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. ON -SITE 47. 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. If an alternative pavement section is proposed, 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. GENERAL 48. 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. 49. All proposed utility lines on/or adjacent to this project shall be installed underground prior to issuance of a Certificate of Occupancy. 50. 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 Department prior to issuance of the certificate of occupancy. 51. Nothing shall be constructed or planted in the comer cut-off area of any driveway which does or wili exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. 52. 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. MAP 53. 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 Lot Line Adjustment. EO Loll K 54. The existing property (APNs 513-202-005 and 513-212-004, also described as Lots 4, 5, 6, and the south 50 feet of Lot 3 in Block 17 of The Townsite of Palm Springs, records of San Diego County, recorded in Book 9, Page 432 of Maps) shall be combined. The developer shall submit a lot line adjustment prepared byeither a Registered Civil Engineer or Licensed Land Surveyor to the Engineering Department. The Lot Line Adjustment shall be approved prior to issuance of grading or building permits. TRAFFIC 55. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above -ground facilities for handicap accessibility. Minimum clearance shall be provided through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of above ground facilities. 56. 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. FIRE DEPARTMENT 57. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 58. Location of Knox boxes: A Knox box shall be installed at every locked gate. Show location of boxes on plan elevation views. Show requirement in plan notes. 59. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required in all new public assembly areas (rooms containing 50 or more persons) and new buildings exceeding 3000 square feet in size. 60. Fire Extinguisher Requirements: 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. (1002.1 CFC) 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 near an exit door. 61. Fire Alarm System: Fire Alarm System required. installation shall comply with the requirements of NFPA 72. 62. Trash Container Protection: Trash container space is within 5 feet of the building wail. Provide information on the type and size of trash container to be stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then the enclosure must be protected by an approved automatic fire sprinkler. (1103.2.2 CFC) Eo C w