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HomeMy WebLinkAboutPC Resolution _6303- Case 3.3607RESOLUTION NO. 6303 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 3.607 — MAJ FOR THE DEVELOPMENT OF BLOCK C OF THE DOWNTOWN PALM SPRINGS RENOVATION PROJECT, LOCATED ALONG THE WESTERLY FRONTAGE OF NORTH PALM CANYON DRIVE, SOUTH OF "NEW MAIN STREET". WHEREAS, Palm Springs Promenade, LLC, ("applicant") has filed an application with the City, pursuant to the Museum Market Specific Plan and Section 94.04.00 of the Zoning Code, for a Major Architectural Application (Case No. 3.3607-MAJ) to allow the redevelopment of a portion of the Desert Fashion Plaza with a one- and three-story retail commercial building, located in Block C of the Museum Market Plaza Specific Plan and along the westerly frontage of N. Palm Canyon Drive, south of "New Main Street", APN's: 513-560-008 and -009), zone Museum Market Plaza Specific Plan, Section 15/R4/T4; and WHEREAS, on October 17, 2012, the City Council reviewed a project description of the proposed development and adopted an Addendum to the Museum Market Plaza Specific Plan Final Environmental Impact Report (EIR) and certified that the EIR, with the accompanying Statement of Overriding Considerations and Mitigation Monitoring Program, and the Addendum, is an adequate and complete analysis of the potential environmental impacts of the proposed project; and WHEREAS, on November 13, 19 and 26, 2012, the Architectural Advisory Committee (AAC) reviewed the proposed project and voted 6-0 to recommend approval, with conditions, to the Planning Commission; and WHEREAS, on November 7, 2012, the Planning Commission conducted an orientation session on the proposed project, and on November 14 and 28, 2012, the Commission conducted a public hearing in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the project description and exhibits, the staff report and memoranda, and written and oral testimony presented at the meetings. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: The Palm Springs Zoning Code Section 94.04.00(D) provides guidelines for the architectural review of development projects, with conformance evaluated based on the following guidelines: Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 2 of 22 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas, i.e., sidewalks as distinct from parking lot areas; The project proposes the demolition of a portion of the existing Desert Fashion Plaza building and the construction of a new multi -tenant commercial building fronting N. Palm Canyon Drive and "New Main Street". The building fronting N. Palm Canyon Drive is one-story or approximately twenty (20) feet in height for 110 feet of street frontage, then rises to three stories, or approximately fifty-three (53) feet in height at the corner of N. Palm Canyon Drive and "New Main Street". Pedestrian access is provided on sidewalks along N. Palm Canyon Drive and "New Main Street". Pedestrians may also pass through an outdoor courtyard that begins at the corner of Palm Canyon Drive and Tahquitz Canyon Way and runs along the west side of the Block C building to "New Main Street". (This courtyard separates the proposed building from the proposed hotel, which is addressed in a separate application.) Underground parking can be accessed from nearby stairways and elevators via public sidewalks. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted, The buildings are constrained in size by the street grid and proposed courtyard and hotel development so that they remain in scale with the surrounding area. The heights of the building range from approximately 20 to 53 feet and are generally consistent with the development character of the surrounding area, which includes one-, two- and multiple -story buildings. The proposed architecture is of a contemporary style consistent with surrounding development, but introduces design elements, colors and materials of a higher quality than the existing development in the vicinity. The selection of design elements differs from those of the adjacent blocks within the Museum Market Plaza Specific Plan area, yet they contribute to the overall identity of an up -scale contemporary center. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment; The proposed buildings' mass and overall height are generally consistent with development patterns in the area. The setbacks for the building fronting N. Palm Canyon provide sufficient sidewalk width and additional space for outdoor seating. The building frontage along "New Main Street" Planning Commission Resolution No, 6303 Case No. 3.3607-MAJ December 5, 2012 Page 3 of 22 provide varying setbacks to for ground tenant entries. Parapets and other design elements will provide screening of proposed rooftop equipment. 4. Building design, materials and colors to be sympathetic with desert surroundings; 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously; The building architecture is contemporary in style, with a color and material palette that introduces muted desert colors, with limited use of accent colors via metal, stone and glass. Covered walkways for outdoor seating, pedestrian circulation and solar control are integrated into the building elevations facing the perimeter public streets and the courtyard, while umbrellas and other movable shading are also proposed for restaurant seating in the courtyard area. Individual tenancies will establish street level storefronts and would be subject to further review, as indicated in the attached conditions of approval. 6. Consistency of composition and treatment, The buildings are proposed with a consistent use of contemporary design elements. Corner tenancies and restaurant locations are distinguished from the remainder of the building exteriors with more color and glass in order to highlight building comers as visual landmarks and connect indoor seating with outdoor seating areas. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; Landscape plans have not been submitted in sufficient detail to evaluate against this guideline and recommendations for further review are incorporated into the attached conditions of approval. 8. Signs and graphics, as understood in architectural design including materials and colors; A sign program not been submitted to evaluate against this guideline and recommendations for further review are incorporated into the attached conditions of approval. 9. The planning architectural advisory committee may develop specific written guidelines to supplement the design criteria and carry out the purposes of this chapter. Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 4 of 22 The Architectural Advisory Committee provided the following additional recommendations, which are incorporated into the conditions: i. Review by the AAC of exterior elevation details at 40% and again at 70% construction drawings, including the following additional information: a. All proposed colors, materials, finishes and building lighting; and ii. Review by the AAC of the conceptual landscape at the time of the 40% construction drawing review, with AAC review of detailed plans to follow; iii. Review by the AAC of exterior elevations for all individual tenancies; iv. Review by the AAC of landscape lighting and hardscape plans, including all street furniture, subject to the follow: a. Use a variety of plan materials in the landscape palette; v. Review by the AAC of street paving plans, and traffic movement patterns; and vi. Submission and review by AAC of a sign program for Block C. NOW, THEREFORE, BE IT RESOLVED, that, based on the foregoing, the Planning Commission hereby approves Major Architectural Application Case No. 3.3607-MAJ to allow the redevelopment of a portion of the Desert Fashion Plaza with a one- and three- story retail commercial building, located in Block C of the Museum Market Plaza Specific Plan and along the westerly frontage of N. Palm Canyon Drive, south of "New Main Street", subject to those conditions set forth in Exhibit A, attached hereto and made a part of this resolution. ADOPTED this 5 h day of December, 2012. AYES: 7, Calerdine, Weremiuk, Klatchko, Munger, Roberts, Vice Chair Hudson and Chair Donenfeld NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA ral wing, Al Di of Plann' Services Planning Commission Resolution No. 6303 December 5, 2012 Case No. 3.3607-MAJ Page 5 of 22 RESOLUTION NO. 6303 EXHIBIT A Case 3.3607 MAJ Downtown Palm Springs 1 Block C December 5, 2012 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, 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 CONDITIONS (AS ADOPTED BY PLANNING COMMISSION): 1. Review by the AAC and Planning Commission of exterior elevation details at 25% design development stage, including the following additional information: a. All proposed colors, materials, finishes and building lighting. 2. Review by the AAC and Planning Commission of conceptual landscape plan at time of 25% design development stage review, with AAC review of detailed plans to follow. 3. Review by the AAC and Planning Commission of exterior elevations for all individual tenancies. 4. Review by the AAC and Planning Commission of landscape, lighting and hardscape plans, including all street furniture, subject to the following a. Use a variety of plant materials in landscape palette. 5. Review by the AAC and Planning Commission of street paving plans, and traffic movement patterns. 6. Submission and review by AAC and Planning Commission of a sign program for Block C. 7. The applicant shall submit for review by the AAC and Planning Commission a unified landscape plan for the entire project consistent with the Project Financing Agreement, including the following elements: Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 6 of 22 a. Preliminary Landscape Development Plan: The applicant shall indicate, on a separate site plan or incorporated into the colored site plan, the basic landscape concepts for the project. This should include tree and shrub grouping, groundcover areas, flatwork concepts, significant grading concepts and a written statement of the landscape development concept for the project. b. Project Master Streetscape Plan i. Establishment of a basic design theme for street furniture and similar hardscape elements ii. Proposed location of hardscape elements including planters, fountains, retaining walls, others iii. Proposed location of street furniture including benches, trash receptacles, bus stops, bicycle racks, others? iv. Proposed thematic plantings v. Proposed street signage and way finding vi. Transitions to existing improvements vii. Locations for public art viii. Plans for temporary and permanent preservation of the Palm Springs Walk of Fame ix. Plans for temporary pedestrian routes during construction c. Master Pedestrian Paseo Plan. The project proposes a pedestrian promenade from the Hilton Hotel to the new public square at the corner of Tahquitz and North Palm Canyon. The promenade includes four elements from north to south: i. The connection from the Hyatt Hotel through Building "A" ii. Market street between Building "b" and "B-1" iii. Pedestrian Plaza from New Main Street and to the new public square at the comer of Tahquitz and North Palm Canyon A program plan for the pedestrian plaza in Block C shall be prepared and submitted as part of the paseo plan. S. As part of the Landscape Plan, the applicant shall prepare a master plan for this promenade element including the following elements. iv. Establishing a unified "brand" for the four elements of the Paseo to encourage edestrians to follow the entire Paseo. v. pproposed location of hardscape elements including planters, fountains, retaining walls A. Proposed location of street furniture including benches, trash receptacles, bus stops, bicycle racks vii. Proposed thematic plantings viii. Proposed Paseo signage and way finding ix. Locations for public art K Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 7 of 22 x. Easements required to ensure public access along the Paseo, including through Building A. A. Operational Plan for Market Street, including timing and procedures for opening and closure of the street to vehicles xii. Establishing of a minimum clear width for the Paseo between New Main Street and Tahquitz in this segment. xiii. Considerations for bicycle usage on the Paseo segment between New Main Street and Tahquitz. xiv. Establishing guidelines for business encroachment (i.e., outdoor dining) into Market Street and the pedestrian connection from New Main Street to Tahquitz. xv. Master Plan for the Public Square at Tahquitz and North Palm Canyon 9. The landscape plans for each building in Block C shall be consistent with the approved Master Landscape plan ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 3.3605 — MAJ, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, except as modified by the conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach,. set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 3.3467-MAJ. 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 Planning Commission Resolution No. 6303 December 5, 2012 Case No. 3.3607-MAJ Page 8 of 22 noti the applicant of an such claim action or proceeding promptly notify pp Y p g or fails to (D cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains'the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the properly if required by the City. ADM 7. Time Limit on Approval. Approval of the Major Architectural Application (MAJ) shalt be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being'/2% for commercial projects or'/% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 10. Comply with Citv Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1 Coachella Vallev Multiple -Species Habitat Conservation Plan (CVMSHCP) Local Development Permit Fee (LDMF) required. All projects within the City of Palm Springs Planning Commission Resolution No. 6303 December 5, 2012 Case No. 3.3607-MAJ Page 9 of 22 are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. PLANNING DEPARTMENT CONDITIONS PLN 1. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning or designee for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 2. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. PLN 3. Flat Roof Requirements. Roof materials on flat roofs must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 and minimum initial solar reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 4. Screen Roof -mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 5. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 6. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 7. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. Planning Commission Resolution No. 6303 December 5, 2012 Case No. 3.3607-MAJ Page 10 of 22 on ENGINEERING DEPARTMENT CONDITIONS STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. ENG 3. The public street improvements outlined in these conditions of approval are intended to convey to the applicant an accurate scope of required improvements, however, the City Engineer reserves the right to require reasonable additional improvements as may be determined in the course of the review and approval of street improvement plans required by these conditions. ENG 4. All proposed decorative pavement shall vary from location to location, but shall be the same type as approved by the City Engineer. N. PALM CANYON DRIVE: ALL BLOCKS 0 ENG 5. Dedicate public utility easements for utilities located under the existing sidewalk in areas for which public right-of-way has been abandoned by Parcel Map No. 36446 or by separate instrument. ENG 6. Dedicate a minimum sidewalk easement of 8 feet (or as needed to match existing sidewalk) for those portions of sidewalk located outside of the public right-of-way after abandonment of right-of-way on N. Palm Canyon Drive. Any existing underground utilities under the existing sidewalk, shall not be relocated in conjunction with this project. ENG 7. Remove sidewalk along the entire project frontage on Palm Canyon Drive except for the sidewalk composed of city -owned pavers adjacent to the edge of pavement. ENG 8. All broken or off grade street improvements shall be repaired or replaced. PALM CANYON DRIVE: BLOCK b AND BLOCK c ENG 9. Remove existing street improvements as necessary to construct the intersection of Palm Canyon Drive and New Main Street (Lot "A"). Construct a 25 feet radius curb return at the northwest and southwest corners of the intersection of Palm Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 11 of 22 Canyon Drive and New Main Street, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 10. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest and southwest corners of the intersection of Palm Canyon Drive and New Main Street (Lot "A"), in accordance with City of Palm Springs Standard Drawing No. 212. PALM CANYON DRIVE: BLOCK c ENG 11. There shall be no vehicular access between Block c and Palm Canyon Drive, Tahquitz Canyon Way, New Main Street (Lot "A"), or Belardo Road (Lot "B"). NEW MAIN STREET (LOT "A"): BLOCK blb-1, BLOCK c, AND BLOCK c-1 AND WESTERLY TO EXISTING MUSEUM DRIVE ENG 12. Dedicate full street right-of-way width of 41 feet as shown on the approved version of the site plan for Tentative Parcel Map No. 36446, together with a property line - corner cut -backs at the northwest and southwest comers of the intersection of New Main Street (Lot "A") and existing Palm Canyon Drive, as required by the City Engineer; and with property line — comer cut -backs at the northeast, northwest, southeast, and southwest corners of the intersection of New Main Street (Lot "A") and Belardo Road (Lot "C" and Lot "B", respectively). ENG 13. Dedicate full street right-of-way width of 41 feet from Belardo Road (Lots "C" and B") westerly to the west site property line. ENG 14. Dedicate a minimum sidewalk easement of 8 feet (or as needed to match proposed sidewalk) for those portions of sidewalk located outside of the public right-of-way. ENG 15. New Main Street (Lot "A") shall have one eastbound and one westbound lane, as well as parking on both sides of New Main Street (except at curb returns and curb pop -outs) to the west site property line. ENG 16. Remove street improvements as necessary to construct a 25 feet radius curb return at the northwest and southwest comers of the intersection of New Main Street (Lot "A") in Block c, with existing Palm Canyon Drive, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 17. Zero curb face curb shall be constructed on the south side of New Main Street from Palm Canyon Drive to proposed Belardo Road (Lot "B") in conjunction with the Downtown Palm Springs project. Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 12 of 22 ENG 18. Construct sidewalk ranging in width from 8 feet to 15 feet wide along both sides of New Main Street (Lot "A") as shown on approved improvement plans, in accordance with City of Palm Springs Standard Drawing No. 210 and the Museum Market Plaza Specific Plan. ENG 19. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest and southwest corners of the intersection of New Main Street (Lot "A") in Block c-1, with existing Palm Canyon Drive, in accordance with City of Palm Springs Standard Drawing No. 212. ENG 20. Construct a curb ramp meeting current California State Accessibility standards at the proposed entry into Block b-1. ENG 21. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, between the edges of proposed gutters on each side of the street along the New Main Street (Lot "A"), in accordance with City of Palm Springs Standard Drawing No. 110 and the Museum Market Plaza Specific Plan. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 0 ENG 22. The intersection of New Main Street (Lot "A"), with existing Palm Canyon Drive, Market Street, and Belardo Road (Lots "B" and "C"), shall be constructed with enhanced or decorative paving. ENG 23. At the west end of New Main Street (Lot "A"), the deck of the underground parking garage shall be removed and reconstructed in conjunction with the Downtown Palm Springs project. SANITARY SEWER ENG 24. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. ENG 25. All on -site sewer systems (not located in public streets) shall be privately maintained. ENG 26. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. ENG 27. Construct an 8 inch V.C.P. sewer main across the proposed Belardo Road (Lot "B" and Lot "C") frontage along Blocks b-1 and c-1, located 5 feet from centerline Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 13 of 22 (or as required by the City Engineer), including a sewer lateral for future connection of the on -site sewer system to the public sewer, as required by the City Engineer. The new sewer line shall connect to the manhole located in Tahquitz Canyon Way at the intersection of the proposed Belardo Road (Lot "B"). ENG 28. Construct an 8 inch V.C.P. sewer main across the proposed New Main Street (Lot "A") frontage along Blocks b, b-1, c, c-1, and west to Museum Drive, located 5 feet from centerline (or as required by the City Engineer), including a sewer lateral for future connection of the on -site sewer system to the public sewer, as required by the City Engineer. The new sewer line shall connect to the proposed manhole located at the intersection of Belardo Road and New Main Street (Lot "A" ENG 29. All sewer mains constructed by the developer and to become part of the City sewer system shall be digitally video recorded by the City prior to acceptance of the sewer system for maintenance by the City. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. ENG 30. Any sewer connection fees shall be paid at the Building Department counter at time of building permit issuance. ENG 31. Upon completion of the construction of public sewer lines, an as -built drawing in digital format shall be provided to the City as required by the City Engineer, if the sewer was not constructed in accordance with the original approved sewer plans. GRADING: BLOCK b, BLOCK b-1, BLOCK c, and BLOCK c-1 ENG 32. 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. 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 Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 14 of 22 attending a Fugitive Dust Control Class and information on the Coachella g Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at hftp://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. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan or Tentative Parcel Map No. 36446; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study/Report (one hydrology study for Blocks a, b, b-1, c and c-1); and a copy of the project -specific Final Water Quality Management Plan (one WQMP for Blocks a, b, b-1, c, and c-1). ENG 33. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. 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 34. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color or be decorative in nature; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 35. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 36. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on - site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 37. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 15 of 22 September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 38. Projects 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) for all Blocks of the Downtown Palm Springs project. As of September 4, 2012, all SWPPPs shall include a post -construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the project applicant shall cause the approved final project -specific Water Quality Management Plan 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. ENG 39. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosionlblowsand relating to this property and development. ENG 40. 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 41. 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. ENG 42. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan, to the Engineering Division prior to construction of any building foundation. ENG 43. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 16 of 22 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). WATER QUALITY MANAGEMENT PLAN: ALL BLOCKS ENG 44. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre -treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre -treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on -site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 45. A Final Project -Specific Water Quality Management Plan (WQMP) for Blocks A, b, b-1, c, and c-1 shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading Plan. ENG 46. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County -Clerk Recorder or other instrument on a standardized form to inform future property owners of the . requirement to implement the approved Final Project -Specific WQMP. Other alternative instruments for requiring implementation of the approved Final Project -Specific WQMP include: requiring the implementation of the Final Project -Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&R's); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 17 of 22 Community Service Areas responsible for implementing the Final Project - Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to the issuance of any grading or building permits. ENG 47. Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non- structural BMP's included in the approved Final Project -Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project - Specific WQMP are available for the future owners (where applicable). DRAINAGE: ALL BLOCKS ENG 48. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on -site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a single hydrology study (for Block A, b, b-1, c, and c-1) to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. On -site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on -site retention. ENG 49. Direct release of on -site nuisance water or stormwater runoff shall not be permitted to Palm Canyon Drive, Tahquitz Canyon Way, Museum Drive, existing sections of Belardo Road, proposed New Main Street (Lot A), proposed Belardo Road (Lot B and C), Andreas Road (Lot D), and Market Street (private alleyway). Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. Much of the drainage shall go into the existing public storm drain line in Tahquitz Canyon Way. ENG 50. Construct all necessary on -site storm drain improvements, including but not limited to catch basins and storm drain fines, for drainage of site into the on -site underground detention system(s) and other specifications for construction of required on -site storm drainage improvements, as described in a final Hydrology Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 18 of 22 Study for the Downtown Palm Springs project (Tentative Parcel Map No. 36446), reviewed and approved by the City Engineer. ENG 51. All on -site storm drain systems shall be privately maintained. ENG .52. The underground stormwater detention system(s) shall be sized to have sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required detention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Maintenance of the underground stormwater detention systems are the sole responsibility of the development owner(s); maintenance and/or replacement of the system(s), will be at the sole expense of the development owner(s). The Final Project -Specific Water Quality Management Plan Covenant and Agreement shall reserve the right of the City to inspect and ensure that the underground detention system(s) are operable, and in the event of its failure, shall provide the City the right to advise the owner(s) of the development and require its repair or replacement within 30 days notice, to the satisfaction of the City Engineer. ENG 53. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit unless developer can provide evidence that fee or a partial fee was paid by the Desert Fashion Plaza in previous years. GENERAL: ALL BLOCKS ENG 54. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. O Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 19 of 22 ENG 55. 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 or the Tribal Archaeologist at (760) 699-6800, 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 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. ENG 56. All proposed utility lines shall be installed underground. ENG 57. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 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. ENG 58. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as -built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 59. Nothing shall be constructed or planted in the comer cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 60. 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. W Planning Commission Resolution No. 6303 December 5, 2012 Case No. 3.3607-MAJ Page 20 of 22 ENG 61. Thisr property 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. ENG 62. If there are any lights from Lighting District No. 1, existing on Tahquitz Canyon Way and Museum Drive along the Tentative Parcel Map (TPM) 36446 frontage, those lights shall be removed in conjunction with this project. ENG 63. Note that some of the existing street lights shown on the Preliminary Grading and Drainage Plan for TPM36446, do not exist; corrections need to be made to this plan to reflect what actually exists. MAP: ALL BLOCKS ENG 64. In accordance with Government Code Section 66411.1 (b), the Tentative Parcel Map is a subdivision of five or more lots (parcels), and is subject to construction of all required public improvements. Prior to approval of a Parcel Map, all required public improvements shall be completed to the satisfaction of the City Engineer, or shall be secured by the Project Financing Agreement signed by Palm Springs Promenade, LLC and the City of Palm Springs on September 7, 2011 (in accordance with Government Code Section 66462) as amended. TRAFFIC: ALL BLOCKS ENG 65. 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 66. 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. ENG 67. Submit traffic striping and signage plans for New Main Street (Lot "A"), Belardo Road (Lot "B" and "C"), Andreas Road (Lot "D"), existing sections of Belardo Road on the west side of the Hyatt Hotel, and Market Street, prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. ENG 68. Relocate the existing traffic signal pole, conduit, pull boxes and all appurtenances located at the existing crosswalk on Palm Canyon Drive north of the intersection of New Main Street (Lot "A") and Palm Canyon Drive, in accordance with the requirements of the City of Palm Springs. The applicant shall submit traffic signal modification plans prepared by a California registered Planning Commission Resolution No. 6303 Case No. 3.3607-MAJ December 5, 2012 Page 21 of 22 civil engineer or traffic engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational prior to issuance of the Certificate of Occupancy, unless otherwise allowed by the City Engineer. The existing crosswalk shall remain in place. ENG 69. The applicant shall install a Type R6-1 "One Way" sign at the southwest comer of Andreas Road (Lot "D") and Palm Canyon Drive, facing eastbound traffic on Andreas Road, as required by the City Engineer. ENG 70. Install a stop sign, stop bar, and "STOP" legend for traffic exiting the development at the following intersections in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, as required by the City Engineer. • Southwest comer of New Main Street (Lot "A") and Tahquitz Canyon Way, facing eastbound traffic on New Main Street • Northeast corner of New Main Street (Lot "A") and Museum Drive, facing westbound traffic on New Main Street • Northeast comer of Andreas Road and proposed Belardo Road (Lot "C"), facing westbound traffic on Andreas Road • Southwest corner of Andreas Road (Lot "D") and Palm Canyon Drive, facing eastbound traffic on Andreas Road • Southeast comer of Market Street and Andreas Road (Lot "D"), facing northbound traffic on Market Street • Northwest comer of Market Street and New Main Street (Lot "A"), facing southbound traffic on Market Street • Southwest corner of existing east/west section of Belardo Road and proposed Belardo Road (Lot "C"), facing eastbound traffic on the existing east/west section of Belardo Road. ENG 71. Install stop signs, stop bars, and "STOP" legends as necessary to create an "All - Way Stop Controlled" (AWSC) intersection, at the following intersections, in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, as required by the City Engineer. • All corners of intersection of New Main Street (Lot "A") and proposed Belardo Road (Lot "B" and "C") • All corners of intersection of Tahquitz Canyon Way (existing) and proposed Belardo Road (Lot "B") I Planning Commission Resolution No. 6303 December 5, 2012 Case No. 3.3607-MAJ Page 22 of 22 ENG 72. Install a street name sign at all corners of all intersections that are a part of the Downtown Palm Springs project, in accordance With City of Palm Springs Standard Drawing Nos. 620 through 626 and the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, as required by the City Engineer. ENG 73. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control' of the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction. ENG 74. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. ENG 75. No construction traffic shall enter the project site from N. Palm Canyon Drive or Tahquitz Canyon Way. ENG 76. Parking shall be restricted along both sides of Lot "A", "B", "C", and "D" as necessary to maintain a minimum 24 feet wide clear two-way travel way, except for designated parallel parking spaces. Regulatory Type R26 "No Parking" signs shall be installed along Lot "A", Lot "B", Lot "C", and Lot "D", as necessary to enforce parking restrictions. ENG 77. Approximately one year after the opening of Downtown Palm Springs, a traffic study shall be submitted and approved by the City Engineer to determine if the current (at that time) traffic control devices are functioning optimally, and to determine if traffic signal warrants have been met for any intersection that is a part of Downtown Palm Springs (such as at the intersection of Tahquitz Canyon Way and Belardo Road (Lot "B"). ENG 78. Developer shall cooperate with any City -approved events in which public streets adjacent to the site are temporarily closed by assisting with and not interfering with said closures.