HomeMy WebLinkAboutPC Resolution _6213-Case 5.1162 PDD 342 155 S Bellardo RoadRESOLUTION NO.6213
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM SPRINGS, CALIFORNIA
APPROVING A ONE-YEAR TIME EXTENSION FOR
A PREVIOUSLY APPROVED PLANNED
DEVELOPMENT DISTRICT (PDD 342) TO
RENOVATE THE EXISTING PALM MOUNTAIN
RESORT AND SPA LOCATED AT 155 SOUTH
BELARDO ROAD, ZONE PDD 342, SECTION 15
WHEREAS, Fred Grand of the Pacific Hospitality Group, ("Applicant") has filed
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
342 located at 155 South Belardo; and.
WHEREAS, on July 14, 2010, the Planning Commission approved a one-year
time extension for Case 5.11621 PD 342 from July 16, 2010 to July 15, 2011.
WHEREAS, on July 13, 2011, 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); and
WHEREAS a Mitigated Negative Declaration and Mitigation Monitoring Program
was previously adopted by the City Council on July 16, 2008 for this project. The
preparation of additional environmental documentation is not necessary because
there are no changed circumstances related to the project that will result in any
new significant environmental effects or a substantial increase in the severity of
previously identified significant effects. Therefore, the proposed time extension
could not result in any new environmental impacts beyond those already
assessed in the previously adopted mitigated negative declaration; 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.
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Planning Commission Resolution No. 6213 July 13, 2011
Case No. 5.1162 PD 342 , 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 Case
5.1162-PD 342 from July 16, 2011 to July 15, 2012, subject to revised
engineering conditions.
ADOPTED this 13th day of July 2011.
AYES: 5, Munger, Donenfeld, Hudson, Roberts and Chair Caffery
NOES: None
ABSENT: 2, Conrad and Klatchko
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
rai ing, AI
Dir of of PIannServices
Resolution No. 6213
EXHIBIT A
Case 5.1162 - PD342 & Case 5.1162 GPA
Palm Mountain Resort and Spa
155 South Belardo Road
Palm Springs
REVISED CONDITIONS OF APPROVAL
July 13, 2011
1. 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, and the Fire Chief, or their respective
designee, depending on which department recommended the condition.
2. Any agreements, easements or covenants required to be entered into
shall be in a form approved by the City Attorney.
-. PROJECT SPECIFIC CONDITIONS
1. The owner shall provide adequate parking management resources to
make full and effective use of all vehicle spaces shown on the approved
site plan.
Administrative
3. 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.
4. 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 5.1162 PD342 and Case 5.1162 GPA. The City
of Palm Springs will promptly notify the applicant of 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
Conditions of Approval July 13, 2011
Case 5.1162 PD342, 5.1162 GPA Page 2 of 16
claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs. Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following an
adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
5. 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 laws, 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.
6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal
Code regarding public art. The project shall either provide public art or
payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be
based upon the total building permit valuation as calculated pursuant to
the valuation table in the Uniform Building Code, the fee being 112% for
commercial or industrial projects, 114% for new residential subdivisions, or
114% 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 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.
Environmental Assessment
7. The mitigation measures of the Initial Study and subsequent Mitigated
Negative Declaration 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 Initial Study and the
Mitigated Negative Declaration, and hereby incorporated into these
conditions by reference. 0
8. The developer shall reimburse the City for the City's costs incurred in
monitoring the developer's compliance with the conditions of approval and
Page 2 of 16
Conditions of Approval
Case 5.1162 PD342, 5.1162 GPA
July 13, 2011
Page 3 of 16
mitigation monitoring program, including, but not limited to inspections and
review of developer's 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.
Final Design
9. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Service, 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.
10. The final development plans shall be submitted in accordance with
Section 9403.00 of the Zoning Ordinance. Final development plans shall
include site plans, building elevations, floor plans, roof plans, grading
plans, landscape plans, irrigation plans, exterior lighting plans, sign
program, mitigation monitoring program, site cross sections, property
development standards and other such documents as required by the
Planning Commission. Final development plans shall be submitted within
two (2) years of the City Council approval of the preliminary planned
development district.
11. Prior to the issuance of building permits, the applicant shall submit an
exterior lighting plan in accordance with Zoning Ordinance Section
93.21.00, Outdoor Lighting Standards, for review and approval by the
Director of Planning Services.
a. 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.
b. 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
12. 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.
Page 3 of 16
Conditions of Approval July 13, 2011
Case 5.1162 PD342, 5.1162 GPA Page 4 of 16
13. Prior to the 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.
14. 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.
15. 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 the issuance of building permits.
16. All materials on the flat portions of the roofs shall be non -reflective
material finish. (Amended by CC on July 16, 2003)
17. All roof -mounted mechanical equipment shall be screened per the
requirements of 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. (Amended by CC on July 16, 2003)
18. No exterior downspouts shall be permitted on any fagade on the proposed
building(s) which are visible from adjacent streets or residential and
commercial areas.
19. Perimeter walls, if proposed, shall be designed, installed and maintained
in compliance with the corner cutback requirements as required in Section
93.02.00.D.
20. The design, height, texture and color of building(s), fences and walls shall
be submitted for review and approval prior to issuance of building permits.
21. The street address numbering/lettering shall not exceed eight inches in
height.
22. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of
Title 24 of the California Administrative Code. Compliance shall be
demonstrated to the satisfaction of the Director of Building and Safety.
23. 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(s).
Page 4 of 16
Conditions of Approval
Case 5.1162 PD342, 5.1162 GPA
July 13, 2011
Page 5 of 16
24. The architectural and landscape plans for the entire site shall be submitted
to the Architectural Advisory Committee (AAC) for review and approval
prior to Final Planned Development approval. (Amended by CC on July
16, 2003)
25. The final landscaping plan and plant palette shall be submitted to the AAC
for review prior to approval of the Final Planned Development permit.
Building and Fire Departments
27. Permits: Prior to any construction on -site, all appropriate permits must be
secured.
28. Plot Plan: Prior to completion of the project, an 8.5"xl 1" 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 location,
sprinkler riser and fire alarm locations. Large projects may require more
than one page.
29. Radio Communications: The applicant must install an in -building Public
Safety Radio Communications Coverage System composed of a radiating
cable system or an internal multiple antenna system with FCC -certified bi-
directional 800 MHz and 150 MHz (as required to meet the two indicated
150 MHz frequencies) amplifier(s), distribution system, and
subcomponents shall be required for all buildings in excess of three
stories, or has subterranean floors, or subterranean parking. This system
must meet the City of Palm Springs Public Safety Radio System Coverage
Specifications.
30. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler
System is required.
31. Audible Water Flow Alarms: An approved audible sprinkler flow alarm
shall be provided on the exterior of the building(s) in approved locations.
An approved audible sprinkler flow alarm to alert the occupants shall be
provided in the interior of the building(s) in a normally occupied location.
(904.3.2.CBC.)
32. 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 materials or liquid releases.
Page 5 of 16
Conditions of Approval
Case 5.1162 PD342, 5.1162 GPA
July 13, 2011
Page 6 of 16
33. 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.
34. 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.
35. 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
36. 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.
37. Fire Extinguisher Requirements: The applicant/hotel operator shall
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 no more than 5 feet above floor level. Preferred
location is in the path of exit travel near an exit door.
38. Fire Alarm System: Fire Alarm System required. Installation shall comply
with the requirements of NFPA 72.
39. 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)
N
40. 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 O
of NFPA 24, 1995 Edition. Prior to final approval of the installation, the
Page 6 of 16
Conditions of Approval
Case 5.1162 PD342, 5.1162 GPA
July 13, 2011
Page 7 of 16
applicant's contractor shall submit a completed Contractor's Material and
Test Certificate to the Fire Department, (9-2.1 NFPA 24, 195 Edition).
41 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)
42. Knox (emergency access) Key Switch: A Knox key operated switch hall
be installed at every automatic gate, if provided. Show any such switch
locations on plans. Show requirement in plan notes.
43. 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.
44. 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)
45, 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)
46. Fire Extinguishing System Required: Approved automatic fire
extinguishing systems shall be provided for the protection of commercial
type cooking equipment. (1005.2.1 CFC)
47. Fire Flow: Recommend that the hydrant system be evaluated by applicant
to ensure that required fire flow is met.
Police Department
48. Developer shall comply with Article it of Chapter 8.04 of the Palm Springs
Municipal Code.
Engineering Department:
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
Page 7 of 16
Conditions of Approval July 13, 2011
Case 5.1162 PD342, 5.1162 GPA Page 8 of 16
STREETS
49. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
TAHQUITZ CANYON WAY
50. All broken or off grade street improvements shall be repaired or replaced.
BELARDO ROAD
51. Dedicate an additional right-of-way for a property line - corner cut -back at
the southwest corner of the intersection of Belardo Road and Tahquitz
Canyon Way, in accordance with the proposed new curb ramp and City of
Palm Springs Standard Drawing No. 105.
52. Remove the existing asphalt concrete pavement within the bay parking
area as necessary to construct a bay parking driveway approach to
accommodate bay parking stalls along the Belardo Road frontage in
accordance with City of Palm Springs Standard Drawing No. 201. Bay
parking stalls shall be located completely on -site, behind sidewalk, and not
within public right-of-way.
53. Remove the existing asphalt concrete pavement within the bay parking
areas and replace with decorative paving, colored and/or patterned to
relate to the overall design in accordance with Zoning Code
93.06.00.C.15.e.
54. All broken or off grade street improvements shall be repaired or replaced.
CAMILLA ROAD
55. Dedicate an additional right-of-way for a property line - corner cut -back at
the southeast corner of the intersection of Cahuilla Road and Tahquitz
Canyon Way, in accordance with the proposed new curb ramp and City of
Palm Springs Standard Drawing No. 105.
56. Remove the existing street improvements along the proposed bay parking
area and south to the south property line, as necessary to construct a
wedge or roll curb located 18 feet east of centerline.
56a. Construct a 5 feet wide sidewalk behind the proposed curb within the bay
parking area and south to the south property line, in accordance with Citv
of Palm Springs, Standard Draarwr�i�ng1 No. ,210. �TeplaGe with deG-eFatiye
v�aVing GGle�d and �'L�RGTrtCt-te Felate to the ever -all d"enign
�1 RTfvr
Page 8 of 16
Conditions of Approval
Case 5.1162 PD342, 5.1162 GPA
July 13, 2011
Page 9 of 16
57. Remove the existing asphalt concrete pavement within the proposed bay
parking area and replace with decorative paving, colored and/or patterned
to relate to the overall design in accordance with Zoning Code
93.06.00.C.15.e.
58. All broken or off grade street improvements shall be repaired or replaced.
SANITARY SEWER
59. All sanitary facilities shall be connected to the public sewer system.
GRADING
60. Submit a Precise Grading Plan prepared by a California registered civil
engineer to the Engineering Division for review and approval. The Precise
Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit. 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 has 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 Precise Grading Plan.
The first submittal of the Precise Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report; and a copy of the
Water Quality Management Plan.
Page 9 of 16
Conditions of Approval July 13, 2011
Case 5.1162 PD342, 5.1162 GPA Page 10 of 16
as early as -
arrange payment of j fees associated with Trlhel monitoring
ENG 61. Prior to approval of a Grading Plan, the applicant shall obtain written
approval to proceed with construction from the Agua Caliente Band of
Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist. 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 to contact the Tribal Historic
Preservation Officer or Tribal Archaeologist as early as possible. If
required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during grading or other construction, and
to arrange payment of any required fees associated with Tribal
monitoring.
ENG 61 A. In accordance with an approved PM-10 Dust Control Plan, perimeter
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 immediately prior to
commencement of grading operations.
ENG 61 B. Perimeter fence screening shall be appropriately maintained, as
required by the City Engineer. Cuts (vents) made into the perimeter
fence screening shall not be allowed. Perimeter fencing shall be
adequately anchored into the ground to resist wind loading.
ENG 61 C. Within 10 days of ceasing all construction activity and when
construction activities are not scheduled to occur for at least 30 days,
the disturbed areas on -site shall be permanently stabilized, in
accordance with Palm Springs Municipal Code Section 8.50.022.
Following stabilization of all disturbed areas, perimeter fencing shall be
removed, as required by the City Engineer.
62. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or
gutters. 0
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Conditions of Approval
Case 5.1162 PD342, 5.1162 GPA
July 13, 2011
Page 11 of 16
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ENG 63. A Notice of Intent to Comply with Statewide the California General
Construction Stormwater Permit (Water Quality Order
2009-0009-DWQ as modified September
2, 2009) is required for the proposed development via the California
Regional Water Quality Control Board (Phone No. 760-346-7491). A
copy of the executed letter issuing a Waste Discharge Identification
number shall be provided to the City Engineer prior to issuance of a
grading permit.
ENG 63A. This project shall comply with the General Permit for Stormwater
Discharges Associated with Construction Activity, and shall prepare
and implement a stormwater pollution prevention plan (SWPPP).
Where applicable, the project applicant shall cause the approved final
project -specific WQMP to be incorporated by reference or attached to
the project'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.
64. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre for mitigation measures for
erosionlblowsand relating to this property and development.
65. A Geotechnical/Soils Report prepared by a California registered
Geotechnical Engineer shall be required for and incorporated as an
integral part of the grading plan for the proposed development. A copy of
the GeotechnicallSoils Report shall be submitted to the Engineering
Division with the first submittal of a grading plan.
ENG 65A. The applicant shall provide all necessary geotechnicallsoils inspections
and testing in accordance with the GeotechnicallSoils Report prepared
for the project. All backfill, compaction, and other earthwork shown on
the approved grading plan shall be certified by a California registered
geotechnical or civil engineer, certifying that all grading was performed
in accordance with the GeotechnicallSoils Report prepared for the
project. Documentation of all compaction and other soils testing are to
be provided. No certificate of occupancy will be issued until the
required certification is provided to the City Engineer.
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Conditions of Approval July 13, 2011
Case 5.1162 PD342, 5.1162 GPA Page 12 of 16
ENG 65B. The applicant shall provide pad (or finish floor) elevation certifications
for all building pads in conformance with the approved grading plan, to
the Engineering Division prior to construction of any building
foundation.
66. In cooperation with the Riverside County Agricultural Commissioner and
the California Department of Food and Agriculture Red Imported Fire Ant
Project, applicants for grading permits involving a grading plan and
involving the export of soil will be required to present a clearance
document from a Department of Food and Agriculture representative in
the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and Los Angeles
Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208).
DRAINAGE
ENG 67, This project will be required to install measures in accordance
with applicable National Pollution Discharge Elimination System
(NPDES) Best Management Practices (BMP's) included as part of the
NPDES Permit issued for the Whitewater River Region from the
Colorado River Basin Regional Water Quality Control Board
(RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre -treating contaminated
stormwater and non-stormwater runoff, n4ay 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
Page 12 of 16
Conditions of Approval July 13, 2011
Case 5.1162 PD342, 5.1162 GPA Page 13 of 16
± with the NPDES Permit, that effectively intercept and pre -treat
contaminated stormwater and non-stormwater runoff from the project
site, prior to release to the City's municipal separate storm sewer
system ("MS4"), to the satisfaction of the City Engineer and the
RWQCB. i-requiFed, such 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.
WATER QUALITY MANAGEMENT PLAN
ENG 68. A Final Project -Specific Water Quality Management Plan (WQMP)
shall be submitted to and approved by the City Engineer prior to
issuance of a grading or building permit. The WQMP shall address the
implementation of operational Best Management Practices (BMP's)
necessary to accommodate nuisance water and storm water runoff
from the site. Direct release of nuisance water to the adjacent public
streets or property is prohibited. Construction of operational BMP's
shall be incorporated into the Precise Grading Plan.
ENG 68A. Prior to issuance of any grading or building permits, the property owner
_ shall record a "Covenant and Agreement" with the County -Clerk
Recorder or other instrument on a standardized form to inform future
property owners of the requirement to implement the approved project -
specific WQMP. Other alternative instruments for requiring
implementation of the approved project -specific WQMP include:
requiring the implementation of the project -specific WQMP in Home
Owners Association or Property Owner Association Conditions,
Covenants and Restrictions (CC&R's); formation of Landscape,
Lighting and Maintenance Districts, Assessment Districts or
Community Service Areas responsible for implementing the project -
specific WQMP; or equivalent. Alternative instruments must be
approved by the City Engineer prior to the issuance of any grading or
building permits.
O
ENG 68B. 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 BMP's included in the approved project -specific WQMP,
conditions of approval, or grading/building permit conditions: and,
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Conditions of Approval July 13, 2011
Case 5.1162 PD342, 5.1162 GPA Page 14 of 16
c) Demonstrate that an adequate number of copies of the approved
project -specific WQMP are available for the future
owners/occupants (where applicable).
- L smo
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GENERAL
69. 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.
70. On phases or elements of construction following initial site grading (e.g.,
sewer, storm drain, or other utility work requiring trenching) associated
with this project, the applicant shall be responsible for coordinating the
scheduled construction with the Agua Caliente Band of Cahuilla Indians,
Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the
project site has previously been waived from any requirements for Tribal
monitoring, it is the applicant's responsibility to notify the Tribal Historic
Preservation Officer, Richard Begay (760-669-6907), or the Tribal
Archaeologist, Patty Tuck (760-669-6907) for any subsequent phases or
elements of construction that might require Tribal monitoring. If required, it
is the responsibility of the applicant to coordinate scheduling of Tribal
monitors during construction, and to arrange payment of any required fees
associated with Tribal monitoring. Tribal monitoring requirements may
extend to off -site construction performed by utility companies on behalf of
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Conditions of Approval
Case 5.1162 PD342, 5.1162 GPA
July 13, 2011
Page 15 of 16
the applicant (e.g. utility line extensions in off -site streets), which shall be
the responsibility of the applicant to coordinate and arrange payment of
any required fees for the utility companies.
71. All proposed utility lines shall be installed underground.
72. 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.
73. 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.
74. 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.
75. 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.
76. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No.
904.
77. The property identified by Assessor's Parcel Number 513-142-001,
consisting of parcels identified as Lots 1 through 16, 23 through 28, of
Block 15; and the easterly 8 feet of Cahuilla Road (vacated) adjacent to
Lots 1, and 23 through 28 of Block 15, of the Map of Palm Springs, Map
Book 9, Page 432, (records of San Diego County), shall be merged. An
application for a parcel merger shall be submitted to the Engineering
Division for review and approval. A copy of a current title report and copies
of record documents shall be submitted with the application for the parcel
merger. The application shall be submitted to and approved by the City
Engineer prior to issuance of a building permit.
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Conditions of Approval July 13, 2011
Case 5.1162 PD342, 5.1162 GPA Page 16 of 16
TRAFFIC
78. The existing on -street parking restriction on the south side of Tahquitz
Canyon Way extending 40 feet west of Belardo Road shall remain. On -
street parking shall be prohibited on the south side of Tahquitz Canyon
Way extending west of Belardo Road, as necessary to provide minimum
required sight distance for northbound vehicles approaching the Tahquitz
Canyon Way and Belardo Road intersection, as required by the City
Engineer.
79. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks or pedestrian paths of travel within the
development.
ENG 80. Construction signing, lighting and barricading shall be provided for on
all projeeft 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 State of Gallfbrnia, DepaFtment of Transportation, "Manual
29" Part 6 "Temporary Traffic Control" of the California Manual on
Uniform Traffic Control Devices for Streets and Highways, dated
September 26, 2006, or subsequent additiGRs editions in force at the
time of construction.
END OF CONDITIONS
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