HomeMy WebLinkAboutPC Resolution _6166- Case 5.1042-PD311 Tentative Tract Map 33514RESOLUTION NO.6166
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING
A ONE-YEAR TIME EXTENSION FOR PLANNED
DEVELOPMENT DISTRICT 311 FROM OCTOBER 25,
2010 TO OCTOBER 24, 2011; A PREVIOUSLY
APPROVED MIXED -USE DEVELOPMENT CONSISTING
OF A 125-UNIT CONDOMINIUM COMPLEX AND
APPROXIMATELY 39,000 SQUARE FEET OF RETAIL
/COMMERCIAL SPACE ON AN APPROXIMATELY 2.67-
ACRE SITE LOCATED AT 450-490 SOUTH PALM
CANYON DRIVE, ZONE C-B-D, SECTION 15.
WHEREAS, South Palm Canyon, LLC ("Applicant") has bled an application with the City
pursuant to Section 94.04.00(H) and 94.04.00(1)(1) of the Palm Springs Zoning Code
and Chapter 9.63.110 of the Palm Springs Municipal Code for a one-year time
extension to commence construction for PD 311 located at 450-490 South Palm
Canyon Drive and Indian Canyon Drive; and
WHEREAS, on December 8, 2010, a public meeting on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Department has reviewed this project under the provisions of
the California Environmental Quality Act (CEQA), and has determined that a time
extension request is considered a "project" pursuant to the terms of the California
Environmental Quality Act (CEQA). A Final Environmental Impact Report (EIR) was
previously certified by the City Council on October 25, 2006 for the project. Pursuant to
Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the
preparation of a Subsequent EIR, Addendum to the EIR or further environmental
documentation is not necessary because the changed circumstances of the project will
not result in any new significant environmental effects or a substantial increase in the
severity of previously identified significant effects. The time extension request would not
result in any new environmental impacts beyond those already assessed in the certified
environmental impact report 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, and all written and oral testimony presented.
Planning Commission Resolution No. 6166 December 8, 2010
Case No. 5.1042-PD 311 Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves a one-year time extension for PD 311, from October 25,
2010 to October 24, 2011.
ADOPTED this 8th day of December 2010.
AYES: 7, Scott, Donenfeld, Klatchko, Hudson, Munger, Conrad and Chair Caffery
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
I Ing,
Director of Pla in Services
CITY OF PALM SPRINGS, CALIFORNIA
E0
EXHIBIT A
Case No. 5.1042 — PD-3111 TTM 33514
The South Palm Canyon i-I_C
450-490 South Palm Canyon Drive
("The South Palm Canyon Mixed -use Project")
REVISED CONDITIONS OF APPROVAL
October 25, 2010
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
Administrative
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.
2. 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 5.1042 PD-311 and
Tentative Tract Map 33514. 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 the indemnification herein, except, the City's decision
Case No. 5.1042-PD31 i Tentative Tract Map 33514 Page 2
to settle or abandon a matter following an adverse judgment or failure to appeal,
shall not cause a waiver of the indemnification rights herein.
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation sidewalks,
bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and
fences between the curb and property line, including sidewalk or bikeway
easement areas that extend onto private property, in a first class condition, free
from waste and debris, and in accordance with all applicable law, rules, ordinances
and regulations of all federal, state, and local bodies and agencies having
jurisdiction at the property owner's sole expense. This condition shall be included
in the recorded covenant agreement for the property if required by the City.
4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required.
This project has a de minimus 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 tonal until such fee is paid and the Certificate of
Fee Exemption is filed. Fee shall in the form of a money order or cashier's check
payable to Riverside County.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code 0
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total
building permit valuation as calculated pursuant to the valuation table in the
Uniform Building Code, the fee being 1/2% for commercial or industrial projects,
114% for new residential subdivisions, or 1/4% for new individual single-family
residential units constructed on a lot located in an existing subdivision 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 Services and the Public Arks
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.
6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland. The applicant shall
submit a property appraisal to the Planning Services Department for the purposes
of calculating the Park Fee. The Park Fee payment and/or parkland dedication
shall be completed prior to the issuance of building permits.
Case No. 5.1042 PD311 Tentative Tract Map :3514
Environmental Assessment
Page .3
7. Any mitigation measures of the Environmental Impact Report (EIR) shall apply to
the proposed project. The applicant shall submit a signed agreement that the
mitigation measures will be included in the Planning Commission consideration
of the environmental assessment. Mitigation measures are included in the EIR,
and hereby incorporated into these conditions by reference.
H. The developer shall reimburse the City for the City's costs incurred in monitoring
the developer's compliance with the conditions of approval and mitigation
monitoring program, including, but not limited to inspections and review of
developers operations and activities for compliance with all applicable dust and
noise operations, and cultural resource mitigation. This condition of approval is
supplemental and in addition to normal building permit and public improvement
permits that may be required pursuant to the Palm Springs Municipal Code.
CC&R's
9. The applicant prior to issuance of building permits shall submit -three (3) sets of a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning Services for approval in a form to be approved by the City
Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be
submitted with a list of the adopted conditions of approval and an indication of
where applicable conditions are addressed in the CC&Rs. The CC&R's shall be
enforceable by the City, shall not be amended without City approval, and shall
require maintenance of all property in a good condition and in accordance with all
ordinances.
10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2000, for the review of the CC&R's by the City Attorney. A fling fee, in
accordance with the fee schedule adopted by the City Council, shall also be paid
to the City Planning Services Department for administrative review purposes.
Final Design
11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, prior to issuance
of a building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Office prior to submittal. All landscaping located
within the public right of way or within community facilities districts must be
approved by the Public Works Director and the Director of Parks and Recreation.
12. The final development plans shall be submitted in accordance with Section
94.03.00 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
Case No. 5.1042-PO311 Tentative Tract Map 33514 Page 4
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 approval of the tentative tract map.
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 Services prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping 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.
No lighting of the hillside is permitted.
General Conditions/Code Requirements
14. 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 Services for review and approval
prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal
Code for specific requirements.
15. 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.
16. 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.
17. 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.
18. All materials on the flat portions of the roofs shall be earth tone in color.
19. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 93.03.00 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.
20. No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
Case No. 5.1042-PD311 Tentative Tract Map 33514 pag e� 5
21. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 93.02.00.D.
22. The design, height, texture and color of buildings), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
23. The street address numbering/lettering shall not exceed eight inches in height.
24. 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.
25. 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.
26. Modified architectural and landscaping designs shall be reviewed by the
Architectural Advisory Committee prior to City Council action on the project.
27. Assigned parking spaces shall be dedicated to each residential unit in the
parking garage. These requirements shall be included in the CC&R's for the
project.
28. Prior to issuance of building permits, the applicant shall provide or contribute a
public benefit to the City in a form or amount as determined by the City Council
as part of the Council's decision regarding the project.
Engineering Department
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. The General Plan Amendment of the Circulation Element (Case 5.1122) to
reclassify Ramon Road from a 100' wide major thoroughfare to a special street
section maintaining the existing variable right-of-way along the project frontage,
and to reclassify Indian Canyon Drive from a 100' wide major thoroughfare to a
modified 95' wide major thoroughfare along the project frontage, is required to
facilitate the proposed development application. In the absence of an approved
General Plan Amendment, dedication of ultimate right-of-way width along Ramon
Road and Indian Canyon Drive will be necessary.
PALM CANYON DRIVE
Case No. 5.1 Q42-PD311 'tentative Tract Map 33514
Page u
3. All existing street improvements, landscaping, and lighting improvements shall be
protected in place, except removals approved by the City Engineer. The applicant
shall be responsible for the repair, removal and replacement of existing
improvements damaged as a result of the construction of this project, as directed
by the City Engineer.
4. Remove the two existing driveway approaches and replace with new street
improvements (curb and gutter, and sidewalk) to match existing street
improvements, in accordance with applicable City standards.
5. Remove the existing street improvements as necessary to construct a 24 feet wide
driveway approach with the centerline located approximately 13 feet south of the
north property line in accordance with City of Palm Springs Standard Drawing No.
205. Any removal or relocation of existing landscaping, irrigation, electrical and
lighting improvements shall be coordinated with the City Engineer prior to removal
or relocation. Access shall be limited to left -turn ingress for commercial and
service vehicles only. Residential access shall be prohibited. Distinctive entry
treatments including signage, lighting, pavement markings, and/or other visual
cues shall be incorporated in the design at the commercial/service entry to impose
the required access restrictions.
6. Construct a Type A curb ramp meeting current California State Accessibility
standards on either side of the new driveway approach in accordance with City of
Palm Springs Standard Drawing No. 212. The applicant shall ensure that an
appropriate ath of travel meeting ADA guidelines, is provided across the
driveway, and shall ad'ust the location of the access rams if necessa to meet
ADA guidelines, subiect to the approval of the City Engineer. If necessa
additional pedestrian and sidewalk easements shall be provided on -site to
construct a path of travel meeting ADA guidelines.
7. Construct a decorative pedestrian crosswalk across Palm Canyon Drive at a
location to be determined pursuant to further evaluation. The applicant shall
provide additional information to the City Engineer to determine an appropriate
location. The decorative pedestrian crosswalk shall be constructed in a similar
fashion to other crosswalks located north of Baristo Road, including curb pop -outs,
decorative concrete pavers, and other improvements. The crosswalk shall be
signalized.
8. All broken or off grade street improvements shall be repaired or replaced.
INDIAN CANYON DRIVE a
9. All existing street improvements and landscaping shall be protected in place,
except as otherwise required by the City Engineer. The applicant shall be
responsible for the repair, removal and replacement of existing improvements
Case No. 5.1042-PD311 Tentative Tract Map 33514
Page 7
damaged as a result of the construction of this project, as directed by the City
Engineer.
10. Remove the two existing driveway approaches and replace with new street
improvements (curb and gutter, and sidewalk) to match existing street
improvements, in accordance with applicable City standards.
11. Remove the existing street improvements as necessary to construct a 26 wide
driveway approach for the retail entry with a centerline located approximately 190
feet north of the centerline of Ramon Road in accordance with City of Palm
Springs Standard Drawing No. 205. Any removal or relocation of existing
landscaping, irrigation, electrical and lighting improvements shall be coordinated
with the City Engineer prior to removal or relocation. Access shall be limited to
left-tum ingress and left -turn egress for retail parking only. Residential access
shall be prohibited. Distinctive entry treatments including signage, lighting,
pavement markings, and/or other visual cues shall be incorporated in the design at
the retail entry to impose the required access restrictions.
12. Remove the existing street improvements as necessary to construct a 39 feet wide
driveway approach with the centerline located approximately 24 feet south of the
north property line in accordance with City of Palm Springs Standard Drawing No.
205. The driveway approach shall divide with a 20 feet wide northerly
commercial/service exit lane and residential exit lane, and a 15 feet wide southerly
residential entry lane. The dividing median, if raised, shall include appropriate
clearance for a 5 feet wide pedestrian path of travel. Any removal or relocation of
existing landscaping, irrigation, electrical and lighting improvements shall be
coordinated with the City Engineer prior to removal or relocation. Access shall be
limited to left-tum egress for commercial and service vehicles only, and left -turn
ingress for residential parking access. Retail parking access shall be prohibited.
Distinctive entry treatments including signage, lighting, pavement markings, and/or
other visual cues shall be incorporated in the design at the commercial/service exit
and residential entry to impose the required access restrictions.
13. An application for an Encroachment Agreement shall be submitted to the
Engineering Department for construction of the dividing median within the northerly
driveway. The application for the Encroachment Agreement shall be approved
prior to issuance of a grading permit.
14. Construct a Type A curb ramp meeting current California State Accessibility
standards on either side of the northerly and southerly driveway approaches, in
accordance with City of Palm Springs Standard Drawing No. 212. The applicant
shall ensure that an appropriate path of travel, meeting ADA guidelines, is
provided across the driveway, and shall adiust the location of the access rams if
necessary. to meet ADA guidelines. subiect to the approval of the City Eng iq Weer. If
necessa additional pedestrian and sidewalk easements shall be Provided on -
site to construct a path of travel meeting ADA guidelines.
Case No. 5.1042-PD311 Tentative Tract Map 33514 Pale &
15. All broken or off grade street improvements shall be repaired or replaced.
RAMON ROAD
16. Dedicate an easement for sidewalk purposes extending to the back of the public
sidewalk along the entire frontage.
17. All existing street improvements and landscaping shall be protected in place,
except as otherwise required by the City Engineer. The applicant shall be
responsible for the repair, removal and replacement of existing improvements
damaged as a result of the construction of this project, as directed by the City
Engineer.
18. Remove the existing driveway approach and replace with new street
improvements (curb and gutter, and sidewalk) to match existing street
improvements, in accordance with applicable City standards.
19. All broken or off grade street improvements shall be repaired or replaced.
ON -SITE
20. All on -site two-way drive aisles shall be 26 feet wide.
21. A clearly designated pedestrian walkway of adequate width shall be provided to
centralize a location for pedestrians entering or leaving the retail areas and
accessing the retail parking. A pedestrian walkway shall be designated along the
west and south sides of the ground floor parking level. Traffic signage, lighting,
pavement markings, and/or other visual cues shall be incorporated in the design of
the ground floor parking level to support the use of the walkway by pedestrians
and alert vehicles of the potential for crossing pedestrians.
22. Curbed end islands within the ground floor parking level adjacent to spaces 13/27,
39, and 55/64 shall be widened to ensure adequate sight distance.
23. Cut -through traffic across the northerly commercial/service drive aisle shall be
prohibited. Traffic signage, lighting, pavement markings, speed bumps and/or
other visual cues shall be incorporated in the design of the ground floor parking
level to prohibit cut -through traffic.
24. The applicant shall verify that the geometrics proposed at the commercial/service
entry and exit can accommodate anticipated service and delivery vehicles. A site
plan with superimposed design vehicle turning path templates shall be provided to
the City Engineer to verify that access for service and delivery vehicles is
accommodated.
WJ
Case No. 5.1042-PD311 Tentative Tract Map 33514
SANITARY SEWER
Page 9
25. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
26. All on -site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on -site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions and
Restrictions (CC&R's) required for this project.
GRADING
27. Submit a Precise Grading and Paving Plan prepared by a California registered civil
engineer to the Engineering Division for review and approval. A Fugitive Dust
Control Plan shall be prepared by the applicant and/or its grading contractor and
submitted to the Engineering Division for review and approval. The applicant
and/or its grading contractor shall be required to comply with Chapter 8.50 of the
City of Palm Springs Municipal Code, and shall be required to utilize one or more
"Coachella Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its contractor's
Fugitive Dust Control Plan shall be prepared by staff that has completed the South
Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust
Control Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook,
shall be submitted to and approved by the Engineering Division prior to approval of
the Grading plan. The Precise Grading and Paving Plan shall be approved by the
City Engineer prior to issuance of grading permit.
a. The first submittal of the Precise Grading and Paving Plan shall include the
following information: a copy of final approved conformed copy of
Conditions of Approval; a copy of a final approved conformed copy of the
Tentative Tract Map or site plan; a copy of current Title Report; a copy of
Soils Report; and a copy of the Water Quality Management Plan.
b. Prior to approval of a Grading Plan, the applicant shall obtain written
approval to proceed with construction from the Aqua Caliente Band of
Cahuilla Indians Tribal Historic Preservation Officer or Tribal Archaeolociist.
The applicant shall contact the Tribal Historic Preservation Officer or the
Tribal Archaeologist at 760 699-6800 to determine their requirements if
any, associated with grading or other construction. The applicant is advised
Case No. 5.1442-PD311 Tentative Tract Map 3' 514
r t'ge 1 n
to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as
early as possible. If required, it is the resgonsibility of the applicant to
coordinate scheduling of Tribal monitors.
c. In accordance with an approved PM-10 Dust Control Planperimeter
fencing shall be installed. Fencing shall have screening that is tan in color:
green screening will not be allowed. Perimeter fencing shall be installed
after issuance of Grading Permit and immediate) rior to commencement
of grading ol2erations.
d. Perimeter fence screening shall be agpropriately maintained as re uired b
the City Engineer. Cuts vents made into the Derimeter fence screening
shall not be allowed. Perimeter fencing shall be ade uatelv anchored into
the a ground to resist wind loading.
e. Within 10 jays of ceasin all construction activit and when construction
activities are not scheduled to occur for at least 30 days, the disturbed
areas on -site shall be V rmanentk sy tabilized, in accordance with Palm
S rin s Munici al Code, Section 8.50.022. Followinq steibilization of all
disturbed areas., perimeter fencincl.shall be removed as re uired b the Cit
Engineer.
28. A National Pollutant DisGharge Elimination System_ . _ . ,
Notice of Intent to comply with the California General Construction Stormwater
Permit Water Quality Order 2009-0009-DWQ as modified September 2 20091 is
required for the proposed development via the California Regional Water Quality
Control Board Phone No. 760 346-7491 . A copy of the executed letter issuing a
Waste Discharge Identification (WDID) number shall be provided to the Cit
Engineer phor to issuance of a rading or building ermit.
28A. Pro'ects causing soil disturbance of one acre or more must comply with the
General Permit for Stormwater Discharges Associated with Construction Activity,
and shall Prepare and implement a stormwater pollution prevention plan (SWPPP).
The project applicant shall cause the approved final ro'ect-s ecific WQMP to be
incorporated by reference or attached to the ro'ect's SWPPP as the Post -
Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at
the project site and be available for review upon request.
29. In accordance with City of Palm Springs Municipal Code, Section 8 50.026 {�
8.50.022 (W, the applicant shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre for mitigation measures for
erosionlblowsand relating to this property and development.
Case No. 5.1042-PD311 Tentative Tract Map 33514 Page 11
30. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the
proposed development. A copy of the soils report shall be submitted to the
Engineering Division with the first submittal of a grading plan.
30A. The applicant shall provide all necessary eotechnical/soils inspections and testing
in accordance with the Geotechnical/Soils Report- prepared for the profect. All
backfill, compaction, and other earthwork shown on the approved grading plan
shall be. certified by a California registered geotechnical or civil engineer, certifying
that all grading was performed in accordance with the GeotechnicallSoils Report
Prepared for the project. Documentation of all compaction and other soils testis
are to be provided. No certificate of occupancy will be issued until the required
certification is provided to the City Engineer.
30B. The applicant_. shall provide pad elevation certifications for all building pads in
conformance with the approved_ grading plan to the Engineering Division prior to
construction of any building foundation.
WATER QUALITY MANAGEMENT PLAN
31. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent To
Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Rough Grading Plan.
The California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
31 A. A Final Project-S ecific Water Quality Management Plan WQMP shall be
submitted to and approved by the City Engineer prior to issuance of a -grading or
building_ permit. The WQMP shall address the implementation of operational Best
Management Practices (BMP's)necessary to accommodate nuisance water and
storm water runoff from within the underground parking garage and the on -site
on drive aisles. Direct release of nuisance water to the ad'acent property or
public streets is prohibited. Construction of operational BMP's shall be
incorporated into the Precise Grading and Paving Plan.
31 B. Prior to issuance of any gradingor building permits, the property owner shall
record a "Covenant and Agreement" with the County -Clerk Recorder or other
instrument on a standardized form to inform future prooerty owners of the
re uirement to iml2lement the approved Final Project -Specific WQMP. Other
alternative instruments for reguiring_implementation of the approved Final Project -
Specific WQMP include: requiring the implementation of the Final Project -Specific
WQMP in Home Owners Association and/or Property Owner Association
c";a se No. 5.1042-PD311 Tentative Tract Map 33514
31 C.
Page 12 0
Covenants, Conditions, and Restrictions (CC&R's): formation of Landscape,
Lighting and Maintenance Districts Assessment Districts or Community Service
Areas responsible for implementing the Final Project -Specific WQMP:_or
equivalent. Alternative instruments must be a roved by the City Engineer prior to
the issuance of any grading or building permits.
Prior to issuance of certificate of occupancy, the applicant shall:
a) Demonstrate that all structural BMP's have been constructed and installed in
conformance with approved plans and specifications:
b) Demonstrate that applicant is prepared to implement all non-structural BM P's
included in the al2proved Final Project -Specific WQMP conditions of
approval, orgrading/building ermit conditions: and
Demonstrate that an ade uate number of copies of the approved Final Project -Specific
WQMP are available for the future owners/occupants
DRAINAGE
32. This project f will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management 0
Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater
River Region from the Colorado River Basin Regional Water Quality Control Board
(RWQCB). The applicant is advised that installation of BMP's, including
mechanical or other means for pre -treating stormwater runoff, Aqay will be required
by regulations imposed by the RWQCB. It shall be the applicant's responsibility to
design and install appropriate BMP's, in accordance with the NPDES Permit, that
effectively intercept and pre -treat stormwater runoff from the project site, prior to
release to the City's municipal separate storm sewer system ("MS4"), to the
satisfaction of the City Engineer and the RWQCB. if required, -saGh Such
measures shall be designed and installed on -site; and provisions for perpetual
maintenance of the measures shall be provided to the satisfaction of the City
Engineer, including provisions in Covenants, Conditions, and Restrictions
(CC&R's) required for the development.
33. A Water Quality Management Plan (WQMP) shall be submitted to and approved
by the City Engineer prior to issuance of a grading permit. The WQMP shall
address the implementation of operational Best Management Practices (BMP's)
necessary to accommodate nuisance water and storm water runoff from within the
underground parking garage and the ground floor parking level. Direct release of
nuisance water to adjacent public streets is prohibited. Construction of operational
BMP's shall be incorporated into the Precise Grading and Paving Plan.
GENERAL
Case No. 5.1042-PD311 Tentative Tract Map 33514
Page 13
34. Any utility trenches or other excavations within existing asphalt concrete pavement
of off -site streets required by the proposed development shall be backfilled and
repaired in accordance with City of Palm Springs Standard Drawing No. 115. The
developer shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off -site streets as required by and at the
discretion of the City Engineer, including additional pavement repairs to pavement
repairs made by utility companies for utilities installed for the benefit of the
proposed development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Verizon, etc.). Multiple
excavations, trenches, and other street cuts within existing asphalt concrete
pavement of off -site streets required by the proposed development may require
complete grinding and asphalt concrete overlay of the affected off -site streets, at
the discretion of the City Engineer. The pavement condition of the existing off -site
streets shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
35. All proposed utility lines shall be installed underground.
36. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
37. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD
2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data
to be submitted to the City may be authorized, upon prior approval of the City
Engineer.
38. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as -built"
information and returned to the Engineering Division prior to issuance of a final
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
39. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93,02.00, D.
40. 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 Standard Drawing No. 904.
Case No. 5.1042-PO311 Tentative Tract Map 33514
Page 14
40A. This progerty is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee CVMSHCP-LDMF . The
LDMF shall be paid prior to issuance of Building Permit.
MAP
41. A Final Map shall be prepared by a California registered Land Surveyor or qualified
Civil Engineer and submitted to the Engineering Division for review and approval.
A Title Report prepared for subdivision guarantee for the subject property, the
traverse closures for the existing parcels and all lots created therefrom, and copies
of record documents shall be submitted with the Final Map to the Engineering
Division as part of the review of the Map. The Final Map shall be approved by the
City Council prior to issuance of building permits.
42. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related to
the Engineering Division's recommendations. The CC&R's shall be approved by
the City Attorney prior to approval of the Final Map.
43. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S. digital
information shall consist of the following data: California Coordinate System,
CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines,
rights -of -way, and centerlines shown as continuous lines; full map annotation
consistent with annotation shown on the map; map number; and map file name.
G.I.S. data format shall be provided on a CDROMIDVD containing the following:
ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file
(e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF
(AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater)
formats. Variations of the type and format of G.I.S. digital data to be submitted to
the City may be authorized, upon prior approval of the City Engineer.
44. Relocation or abandonment of record easements across the property shall be
performed in conjunction with or prior to approval of a final map. The easements,
identified as an easement for utility purposes to California Electric Power
Company, recorded October 24, 1958, as Instrument No. 76730; a non-exclusive
right to use right of way and easement on, across and upon land in favor of Saks
& Company, recorded March 4, 1958, in Book 2232, Page 198, Official Records;
and an easement for public utility purposes to Southern California Edison
Company, recorded June 18, 1992, as Instrument No. 225090, shall be
extinguished, quit -claimed, relocated or abandoned to facilitate development of
the subject property. Building(s) encumbered by existing record easements are
rendered unbuildable until such time as these easements are removed of record
and are not an encumbrance to the property.
Case No. 5.1042-PD311 Tentative Tract Map 33514
TRAFFIC
Page 15
45. As determined by The Palm Canyon Planned Development District Focused
Traffic Impact Analysis prepared by Endo Engineering dated June 14, 2006, the
following mitigation measures are required:
a. The project one-way access points on Palm Canyon Drive and Indian Canyon
Drive are restricted to either left-tum ingress or egress only. Install traffic
striping and signage improvements to implement the access restrictions as
required by the City Engineer.
b. Install a "Commercial/Service Entry Only" sign facing the southbound traffic on
Palm Canyon Drive at the driveway approach at the northwest corner of the
site. Install raised reflectorized pavement markers or speed bumps on -site to
discourage the use of this entry by non -site traffic avoiding the traffic signal at
the intersection of Palm Canyon Drive and Ramon Road, as required by the
City Engineer.
c. Traffic striping and signage shall be installed prohibiting on -street parking along
the Indian Canyon Drive site frontage to provide adequate site distance from
the proposed driveways.
d. Provide a minimum 50 feet long driveway throat at the southerly retail entry on
Indian Canyon Drive and provide a 4 inch solid yellow stripe between the entry
and exit lanes. Provide signage for northbound traffic on Indian Canyon Drive
indicating that the two-way driveway is for retail vehicles only, as required by
the City Engineer.
e. To discourage retail customer vehicles from using the one-way site exit onto
Indian Canyon Drive at the northeast corner of the site, install an on -site
"Commercial/Service Exit & Residential Entry" sign and/or install raised
reflectorized pavement markers or speed bumps on -site, as required by the
City Engineer.
f. Install distinctive entry treatments (including signage, lighting, pavement
markings, and/or other visual cues) at the residential only entry at the northeast
corner of the site on Indian Canyon Drive to decrease the potential for motorist
confusion. A residential/guest turnaround shall be provided on -site.
g. Sychronize the traffic signals for eastbound and westbound traffic on Ramon
Road prior to issuance of a certificate of occupancy, unless otherwise allowed
by the City Engineer.
h. Traffic striping and signage shall be installed prohibiting on -street parking along
the north and south sides of Ramon Road between Palm Canyon Drive and
Indian Canyon Drive, and to provide two eastbound through lanes. A 175 feet
Case No. 5.1042-PD311 Tentative Tract Map 33514 Page 16 0
long left turn bay for westbound traffic, and a 125 feet long left turn bay for
eastbound traffic shall be provided. Submit traffic striping and signage plans
prepared by a California registered civil engineer or traffic engineer for review
and approval by the City Engineer.
46. Install a 24 inch stop sign, stop bar, and "STOP" legend at all project exits, in
accordance with City of Palm Springs Standard Drawing Nos. 620-625.
47. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development. Minimum
clearance on public sidewalks or pedestrian paths of travel shall be provided by
either an additional dedication of a sidewalk easement (if necessary) and widening
of the sidewalk, or by the relocation of any obstructions within the public sidewalk
along the Palm Canyon Drive, Indian Canyon Drive, and Ramon Road frontages
of the subject property.
48. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development shall
be replaced as required by the City Engineer prior to issuance of a Certificate of
Occupancy.
49. Construction signing, lighting and barricading shall be provided eGtG
during all phases of construction as required by City Standards or as directed by
the City Engineer. As a minimum, all construction signing, lighting and barricading
shall be in accordance with ,
4W6 Part 6 "Temr)oraly Traffic Control" of the California Manual on Uniform Traffic
Control Devices for Streets and Highways. dated September 26 2006, or
subsequent ad4ftiNs editions in force at the time of construction.
50. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
Waste Disposal
1. Trash cans shall be screened from view and kept within fifty (50) feet of the street.
Police Department
1. Developer shall comply with Article 11 of Chapter 8.04 of the Palm Springs
Municipal Code.
Building Department 0
1. Prior to any construction on -site, all appropriate permits must be secured.
Case No. 5.1042-PD311 Tentative Tract Map 33514
Fire Department
Page 17
Insufficient information: There is insufficient information to completely provide
all fire department conditions. These Fire Department conditions may not provide
all requirements. Detailed plans are still required for review.
2. Public Safety CFD
The Project will bring a significant number of additional residents to the community.
The City's existing public safety and recreation services, including police
protection, criminal justice, fire protection and suppression, ambulance, paramedic,
and other safety services and recreation, library, cultural services are near
capacity. Accordingly, the City may determine to form a Community Services
District under the authority of Government Code Section 53311 et seq, or other
appropriate statutory or municipal authority. Developer agrees to support the
formation of such assessment district and shall waive any right to protest, provided
that the amount of such assessment shall be established through appropriate
study and shall not exceed $500 annually with a consumer price index escalator.
The district shall be formed prior to sale of any lots or a covenant agreement shall
be recorded against each parcel, permitting incorporation of the parcel in the
district.
3. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an electronic
CAD version shall be provided to the fire department. This shall clearly show all
access points, fire hydrants, knox box locations, fire department connections, unit
identifiers, main electrical panel locations, sprinkler riser and fire alarm locations.
Large projects may require more than one page.
4. Premises Identification: Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. (901.4.4 CFC) Show location of
address on plan elevation view. Show requirement and dimensions of numbers in
plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the
background.
5. Radio Communications: The building will include all necessary wiring and
antennas required for a "Built -In Radio Amplification System". This requirement is
necessary for fire department radio communications within the building.
6. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is
required.
7. Audible water flow alarms: An approved audible sprinkler flow alarm shall be
provided on the exterior of the building in an approved location. An approved
Case No. 5.1042-Pd311 Tentative Tract Mop. 33v14 Page 18
audible sprinkler flow alarm to alert the occupants shall be provided in the interior
of the building in a normally occupied location. (904.3.2 CBC)
8. Fire Hydrant & FDC Location: A public commercial fire hydrant is required within
30 feet of the Fire Department Connection (FDC). Fire Hose must be protected
from vehicular traffic and shall not cross roadways, streets, railroad tracks or
driveways or areas subject to flooding or hazardous material or liquid releases.
9. Fire Department Connections: Fire Department connections shall be visible and
accessible, have two 2.5 inch NST female inlets, and have an approved check
valve located as close to the FDC as possible. All FDC's shall have KNOX locking
protective caps. Contact the fire prevention secretary at 760-323-8186 for a
KNOX application form.
10. Class 1 Standpipe: A Class 1 Standpipe system is required and shall be installed
in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9, Std. 9-2
and Sec. 903. Standpipes will be required at every level in the stairwells.
11. Residential Smoke Detector Installation With Fire Sprinklers: Provide
Residential Smoke Detectors (FIREX # 0498 accessory module connected to
multi -station FIREX smoke detectors or equal per dwelling and fire sprinkler flow
switch). Detectors shall receive their primary power from the building wiring, and
shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction,
detectors shall be interconnected so that operation of any smoke detector causes
the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72)
Provide a note on the plans showing this requirement.
12. Fire Alarm System: Fire Alarm System required. Installation shall comply with the
requirements of NFPA 72.
13. Access: Fire department access roads shall be provided so that no portion of the
exterior wall of the first floor of any building will be more than 150 feet from such
roads. CFC 902.2.1 Applicant must add required access routes to the existing
plans to meet code requirements and submit changes to the fire department for
approval.
14. Mid Rise/High Rise: High-rise and mid -rise buildings shall be accessible on a
minimum of two sides. Roadways shall not be less than 10 feet (3048 mm) or
more than 35 feet (10 668 mm) from the building. Landscaping or other
obstructions shall not be placed or maintained around structures in a manner so as
to impair or impede accessibility for fire fighting and rescue operations.
15. 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
X_
Case No. 5.1042-PD311 Tentative Tract Map 33514
Page 19
shall be mounted in a visible, accessible location no more than 5 feet above floor
level. Preferred location is in the path of exit travel near an exit door.
16. Water Supply: The water supply and locationls of fire hydrants must be approved
prior to any work being performed on the job site. (903.1 CFC)
17. Water Systems and Hydrants: Underground water mains and fire hydrants shall
be installed, completed, tested and in service prior to the time when combustible
materials are delivered to the construction site. (903 CFC). Installation, testing,
and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final
approval of the installation, contractor shall submit a completed Contractor's
Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24 1995 edition)
18. Vertical Clearance for Underground Parking: Palm Springs fire apparatus
require an unobstructed vertical clearance of not less than 8 feet 6 inches.
(902.2.2.1 CFC)
19. Knox (emergency access) key switch: A Knox key operated switch shall be
installed at every automatic gate. Show location of switch on plan. Show
requirement in plan notes.
20. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry
System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC
Cap, or Decal approved for use by the City of Palm Springs Fire Department.
21. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped
with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet
above grade. Contact the Fire Department at 760-323-8186 for a Knox application
form. (902.4 CFC)
22. Underground Parking: A Class III Standpipe system is required and shall be
installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9,
Std. 9-2 and Sec. 903. Hose will not be required.
23. Underground Parking: Automatic smoke removal system to be required for
subterranean parking.
24. Ground Level Parking Structure: Capable of supporting a vehicle weighing
73,000 pounds and 13 feet 6 inches in height.
25. Turn -Around Requirements for Subterranean/Ground Parking: Dead-end fire
apparatus access roads in excess of 150 feet in length shall be provided with
approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC)
Case No. 5.1042-PD311 Tentative Tract Map 33514
Page 20
26. Ventilating Hood & Duct System: A ventilating hood and duct system shall
be provided for commercial -type food heat -processing equipment that produces
grease -laden vapors. (1005.1 CFC)
27. Fire extinguishing system required: Approved automatic fire extinguishing
systems shall be provided for the protection of commercial type cooking
equipment. (1005.2.1 CFC)
28. Elevator Stretcher Requirement: Elevator shall be designed to accommodate
medical emergency service. The elevator(s) so designed shall accommodate the
loading and transport of an ambulance gurney or stretcher 24 inches by 76 inches
in the horizontal position. The elevator entrance shall have a clear opening of not
less than 42 inches wide or less than 78 inches high. The elevator car shall be
provided with a minimum clear distance between walls or between walls and door
excluding return panels not less than 80 inches by 54 inches, and a minimum
distance from wall to return panel not less than 51 inches with a 42 inch side slide
door. (3003.5a CBC)
29. Fencing Required: Construction site fencing with 20 foot wide access gates is
required for all combustible construction over 5,000 square feet. Fencing shall
remain intact until buildings are stuccoed or covered and secured with lockable 0
doors and windows. (8.04.260 PSMC)
Gates
30. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at
least 15 feet and be equipped with a frangible chain and padlock. (8.04.260
PSMC)
31. Access Gate Obstructions: Entrances to roads, trails or other access ways,
which have been closed with gates and barriers, shall be maintained clear at all
times. (902.2.4.1 CFC).
32. Access During Construction: Access for firefighting equipment shall be provided
to the immediate job site at the start of construction and maintained until all
construction is complete. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet and an unobstructed vertical clearance of not less
than 13'6". Fire Department access roads shall have an all weather driving
surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC)
END OF CONDITIONS
WK