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HomeMy WebLinkAboutPC Resolution _6325- Case 5.1293 PDD 362RESOLUTION NO. 6325 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE 5.1293 PDD 362 / CUP, A PRELIMINARY AND FINAL PLANNED DEVELOPMENT DISTRICT IN LIEU OF A CHANGE OF ZONE SEEKING TO ADD ASSISTED LIVING FACILITY USES WITH A DENSITY OF 40 PATIENT BEDS AND A CONDITIONAL USE PERMIT SEEKING APPROVAL OF ASSISTED LIVING FACILITY USES ON A ROUGHLY 1.1-ACRE PARCEL AT 2150 NORTH PALM CANYON DRIVE, ZONE C-1 / R-2, RESORT COMBINING ZONE. (APN'S 504-270- 009). WHEREAS, Joshua Levy, "applicant", has filed an application with the City pursuant to Sections 94.02.00 (Conditional Use Permit) and 94.07.00 (Planned Development District in lieu of a change of zone) of the Zoning Code requesting approval of a Planned Development District (PDD) in lieu of a change of zone seeking to add assisted living facility uses with a density of 40 patient beds and a Conditional Use Permit seeking approval of an assisted living facility use on a roughly 1.1-acre parcel at 2150 North Palm Canyon Drive, zone C-1/R-2 Resort Combining Zone overlay; and WHEREAS, a notice of public hearing for Case 5.1293 PDD 362 CUP was given in accordance with applicable law; and WHEREAS, on April 24, 2013, a public meeting on Case 5.1293 PDD 362 CUP was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the guidelines of the California Environmental Quality Act ("CEQA") and has been determined to be Categorically Exempt under CEQA Section 15301 "Existing Facilities'; 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. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is determined to be Categorically Exempt under CEQA Section 15301 ("Existing Facilities"). Section 2: Findings for the Planned Development District in lieu of Change Zone. Pursuant to PSZC Section 94.07.00 (Planned Development District in lieu of change of zone), the Planning Commission finds as follows: Planning Commission Resolution No. 6325 April 24, 2013 Case 5.1293 PD 362 CUP Assisted Living Facility at 2150 North Palm Canyon Drive Page 2 of 7 1. The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The General Plan land use designation for this parcel is mixed use 1 multi use. This designation is intended to encourage development of commercial uses, such as community -serving retail, professional offices, service businesses, restaurants, day care centers and residential uses at a density of 15 dulac, or 30 dulac with approval of a PDD. The proposed PDD in this project is to establish the density for an assisted living facility at 40 patient beds in a former 24-room hotel. The project as proposed is consistent with the General Plan and is consistent with the Zoning Code with approval of the PDD. 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The subject parcel is located in an area of both vacant and developed parcels. Existing development in the vicinity includes a night club, restaurants, small hotels, apartment buildings, and various small commercial buildings. To the north at Racquet Club Road and North Palm Canyon is an existing neighborhood shopping center (111 Center). The subject parcel is developed with an existing vacant 24- room hotel, pool, landscaping and parking lot. The lot is currently with split zoning; having C-1 in the front and R-2 in the back roughly half of the parcel. Assisted living facilities are permitted with a CUP in multi -family residential zones. The General Plan encourages mid -block residential in commercial areas such as this. The project relates well to the area in which it is located in terms of vehicular access from Zanjero Road and with the mix of commercial and residential uses in the vicinity. The Planning Commission has concluded that the property is suitable for the uses proposed in the PDD. 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or residents. The proposed PDD is necessary to facilitate approval of an assisted living facility use in an existing obsolete 24-room hotel. It is a relatively quiet use and believed to be of insignificant impact to adjacent developed parcels and future developments. As commercial uses develop along this segment of Palm Canyon Drive in the future, providing commercial amenities in a walkable distance to the proposed assisted living facility would be an asset for residents living at the subject site. Conversely, permitting Q) residential in walkable proximity to commercial areas reduces vehicular trips, and the Planning Commission Resolution No. 6325 April 24, 2013 Case 5.1293 PD 362 CUP Assisted Laving Facility at 2150 North Palm Canyon Drive Page 3 of 7 related traffic and emissions. Section 3: Conditional Use Permit Findings Findings for a Conditional Use Permit (CUP) are outlined in Chapter 94.02.00 (Conditional Use Permit) and are outlined below 1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Pursuant to Section 92.03.01 (R-2 zone), assisted living facility uses are allowed in the R-2 zone subject to approval of a Conditional Use Permit. Half of the subject parcel is in the C-1 zone. The PDD in lieu of a change of zone for the entire parcel establishes assisted living facilities as a permitted use with a CUP, within the PDD. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed use of this site for an assisted living facility is permissible in land use areas where multi -family residential uses are permitted. The site is located in the Mixed Use / Multi -use land use designation which allows residential uses to a maximum of 30 dwelling units per acre with approval of a Planned Development District (PDD). The proposed use is desirable for the community because it provides a specialized type of housing. The proposed use is not detrimental to existing or future uses because it proposes redevelopment of an existing dilapidated hotel (a residential use) for an assisted living facility (also a residential use). The proposed use is in harmony with the General Plan as noted in the following goals and policies and allowable density for assisted living facilities: Goal HS1: "Facilitate a broad range of housing types, prices and opportunities to address current and future housing needs in the community." The project addresses a special type of supportive housing need for persons who need assistance with the regular routine of daily living. Thus the project contributes to the provision of a broad range of housing types within the City. Policy LU 6.1: "Facilitate new residential development on vacant or underutilized properties that have been designated as mixed-use/multi-use areas on the Land Use Plan': Planning Commission Resolution No. 6325 April 24, 2013 Case 5.1293 PD 362 CUP Assisted hiving Facility at 2150 North Palm Canyon Drive Page 4 of 7 The proposed development would revitalize an aging, obsolete hotel that has been vacant and underutilized for several years with residential uses for persons needing assistance with daily living. Further on page 1-38 of the General Plan, under the description of Mixed use/Multi-use, it states, "The application of mixed/multi-use strategies are most appropriate for... Existing development that can be redesigned to become more contemporary and function in its use of the land, ... (and) ... Existing development that can be intensified or rehabilitated to become more productive The Planning Commission has determined that the adapting a new use for this aging hotel is consistent with the statements above. It redesigns an existing obsolete building with a contemporary exterior appearance and allows the aging development to be rehabilitated and intensified to become a productive and contributing part of the neighborhood. Goal 20: "Encourage attractive and well designed midblock corridor residential development along the North Palm Canyon Drive/Indian Canyon Drive corridors... " The subject parcel is an interior lot between Via Escuela Road and Racquet Club Road. Encouraging redevelopment of this site for a residential use (assisted living) is consistent with this goal of creating mid -block residential development. Policy 20.3: "Encourage alley -loaded or rear parking in areas where they exist. The project has a parking lot that is accessed from the local street at the rear of the parcel. Based on the above, staff concludes that the project is consistent with the General Plan. 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood, The site is roughly 1.1 acres in size. It conforms to the minimum size and shape requirements for the zones in which it is located, except for lot width (which is deemed existing legal non -conforming). The side yard setbacks are ten feet and the required setback is thirteen feet, but the building was constructed with permits and is therefore also legal non -conforming in its side yard setback condition. These conditions are not being reduced or changed. The Planning Commission has determined that the project conforms to this finding. Planning Commission Resolution No. 6325 April 24, 2013 Case 5.1293 PD 362 CUP Assisted Living Facility at 2150 North Palm Canyon Drive Page 5 of 7 4) That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The site has two street frontages; one on North Palm Canyon Drive, which is a major thoroughfare on the City's General Plan Circulation Map and Zanjero Road, which is a local street. The project proposes to take vehicular access off Zanjero Road via existing driveway curb cuts into the parking lot. The project also proposes a drop-off lane off Palm Canyon Drive. The Planning Commission has determined that the project properly relates to streets and the adjacent roads are capable of handling the proposed traffic generated by this project. 5) That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. A set of draft conditions of approval are attached to this resolution as Exhibit A. Section 4: Findings for the Resort Combining Zone Overlay The project is located within the Resort -Combining overlay zone. Section 92.25.00 of the Zoning Code states that: "...the planning commission (shall) make findings that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone." The project is located just north of the Uptown commercial district in a C-1 (general commercial -retail) zone. It is sparsely developed with a variety of commercial and residential (hotel) uses. Although the existing buildings on the site were built as a hotel many years ago, limited on -site amenities and a relatively remote location from other hotels and tourist -related uses make it a less than desirable location for continuing use as a hotel. This seems to be evidenced in that the hotel has been closed for some time now and previously had been used as long term apartment rentals. This section of North Palm Canyon Drive serves as a principal commercial corridor between Vista Chino Road and San Rafael Road for the surrounding residential areas to the west, north and east. Retaining this commercial zone will be important in providing adequate neighborhood serving commercial/restaurant/and retail uses. However, with the Update in 2007 of the City's General Plan, the City's vision for this commercial area became one interspersed with "mid -block residential uses" that would help concentrate commercial activity "hubs" around the major street intersections. Up to a 60% mix of residential uses is preferred (but not required) in this the "Artist Colony Mixed-use/Multi-use area". While other "by - right" uses would be possible, there are none that the Planning Commission believes are of particularly greater benefit or appropriateness for this parcel. Therefore the Planning Commission Resolution No. 6325 April 24, 2013 Case 5.1293 PD 362 CUP Assisted Living Facility at 2150 North Palm Canyon Drive Page 6 of 7 Planning Commission has determined that the project conforms to this finding. !. Section 5: Pursuant to City Council Policy on Public Benefit associated with Planned Development Districts dated September 18, 2008, the Planning Commission has considered the proposed public benefits listed below and believes they are proportionate to the degree of deviations in the underlying development standards being sought by the applicant: The applicant is seeking the following adjustments in the underlying develop standards with the PDD: • Change the split zoning to one PDD in lieu of a zone change, adding assisted living facilities as a permitted use with a CUP within the PDD. • Increase the density pursuant to and consistent with the General Plan Mixed- use/Multi-use land use designation, and the General Plan methodology for calculating density for assisted living facilities. • Establish the existing built conditions as conforming under the PDD. (The following existing "legal non -conforming" conditions could be deemed "conforming" with approval of the PDD): o Reduction in usable open space (from 50% to 37%), o reduced sided yard setbacks from 13 feet to 10 feet, o reduced minimum lot width (from 130 to 100 feet) Q) The applicant proposes the following public benefits: • The project itself; providing a specialized type of housing (assisted living). • The project itself; in terms of blight removal and rehabilitation of a vacant building. • Sustainability features; improved energy efficiency for an existing building by using high efficiency windows, doors, air conditioning units, hot water .heaters, and a new insulated foam roof. (The building will also be wired to install future photo -voltaic panels) The Planning Commission has determined that the degree of relief sought by the applicant is minimal and that the proposed public benefit is proportionate with the deviations being sought with the PDD. M, Planning Commission Resolution No. 6325 April 24, 2013 Case 5.1293 PD 362 CUP Assisted Living Facility at 2150 North Palm Canyon Drive Page 7 of 7 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case 5.1293 PDD 362 a preliminary and final Planned Development District (PDD) in lieu of a Change of Zone adding assisted living facilities as a use permitted in the PD subject to approval of a Conditional Use Permit (CUP), establishing a 40 bed density for an assisted living facility at the subject site, and approving a Conditional Use Permit for an assisted living facility use located at 2150 North Palm Canyon Drive, subject to the attached Conditions of Approval. Furthermore, the Planning Commission recommends that the City Council approves Case 5.1293 PDD 362 CUP, subject to the attached Conditions of Approval. ADOPTED this 24th day of April 2013 AYES: 6, Calerdine, Munger, Klatchko, Roberts, Weremuik and Chair Donenfeld NOES: None ABSENT: 1, Vice -Chair Hudson ABSTAIN: None ATTEST: M. argo heeler, AICP Director of Planning Services CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO. 6325 EXHIBIT A Case 5.1293 PDD 362 CUP 2150 North Palm Canyon Drive April 24, 2013 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. 0 ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1293 PDD 362 CUP; and as follows: a. The project is a 40-bed maximum non -medical assisted living facility in an existing 24-room hotel that will be comprehensively renovated and upgraded. b. The project is required to maintain 24 off-street parking spaces and bicycle parking. c. Primary Care Residents of the facility shall be limited in age from 65 years to end of life. Spouses and/or life partners shall be permitted to live in the same unit as the primary care resident. d. The facility shall maintain an open door policy for community members wno may wish to volunteer including high school age students who participate in the "adopt-a-grand parent" program. e. The facility shall maintain their appropriate state license(s) with the California Department of Social Services Community Care Licensing, covering three categories of clients (Ambulatory, Non ambulatory and Bedridden.) f. The facility shall provide transportation for off -site outings, appointments and social events and provide a diverse offering of activities on site as well. g. The facility may offer long-term residency for its occupants and a full range of assistance services. For example, a resident may be fully ambulatory needing little assistance with daily activities of living, but may continue to 1 reside in the facility, selecting increasing amounts of assistance and care as needed throughout the remainder of their life without having to move to other unfamiliar or off -site quarters. The care and assistance services available include "end -of -life" hospice care. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped December 13, 2012, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning. 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 5.1293 PDD 362 CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive 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 Re air. 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 2 property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of the (Planned Development District (PDD) shall 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. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Once constructed, the Conditional Use Permit, provided the project has remained in compliance with all conditions of approval, does not have a time limit. ADM 8. Ri-ght 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 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total C 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. Park_ Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in -lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community -wide system and shown on the City's master plan). ADM 11. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 22. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 23. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan CVMSHCP Local Development Mitigation Fee LDMF NOT required. k ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fpe of $64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA). ENV 3. California Fish & Game Fees Re uired. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the _.Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfq.ca.gov for more information. ENV 4. Cultural Resource Survey Re uired. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall 4 be present during all ground -disturbing activities. (check for duplication in engineering conditions) 0 ENV 6. a). A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record 0 search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a 0 photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of hillsides is permitted. PLN 2. 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 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 3. Sian 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. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits. PLN 4. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 5. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 6. 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 7. 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 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 10. No off -site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 11. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and commercial/retail patrons and owners. (The following three conditions were added by the Planning Commission): PLN 12. Misting System. The applicant shall install a misting system in the common areas in the courtyard for added resident comfort outdoors. PLN 13. Noise Disclosure. The applicant shall make available to all residents a written noise disclosure advising of the presence of a night club in the adjacent building and the potential for noise disturbances during the night-time hours. PLN 14. Open Showers The applicant shall make all showers open and fully accessible to residents. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. 0 BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured, and the project site shall meet all requirements related to accessibility, subject to the review and approval of the City's Building and Safety Official. ENGINEERING DEPARTMENT CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. 0 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 0 ENG 2. Applicant shall obtain State permits and approval of plans for any work done on State Highway 111. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of any grading or building permits if there is any work being done in the public right-of-way on State Highway 111. N. PALM CANYON DRIVE W ENG 3. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ZANJERO ROAD ENG 4. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON -SITE ENG 5. The minimum pavement section for all on -site pavement (such as drive aisles, parking spaces, etc.) shall be 2-112 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the 7 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. SANITARY SEWER ENG 6. All sanitary facilities shall be connected to the public sewer system. The existing sewer service in Zanjero Road, to the property shall be used for this project if possible. New laterals shall not be connected at manholes. GRADING ENG 7. 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 sh all 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 http://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; a copy of current Title Report; and a copy of Soils Report. ENG 8. Prior to approval of a Grading Plan or issuance of any 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 8 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 9. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed if disturbing 5,000 square feet of ground surface or more. Fencing shall have screening that is tan in color; 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 10. Temporary dust control perimeter fence screening (if required) 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. 0 ENG 11. 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 12. Contact Desert Water Agency at (760) 323-4971 Ext. 146 to determine impacts to any existing Whitewater Mutual Water Company water lines and other facilities that may be located within the property if any. Make appropriate arrangements to protect in place or relocate any facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Desert Water Agency shall be submitted to the Engineering Division prior to approval of the Grading Plan. ENG 13. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep 0 nuisance water from entering the public streets, roadways, or gutters. ENG 14. A Notice of Intent (NOI) to comply with 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 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 15. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). 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. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request. c� ENG 16. 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, if 5,000 square feet or more of ground surface is being disturbed.. ENG 17. 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 18. The applicant shall provide all necessary geotechnicallsoils inspections and testi ng 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 even though there may not be a grading plan for the project. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 19. 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 20. 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. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE ENG 21. 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 10 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) if required for the development. ENG 22. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). GENERAL r. ENG 23. 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. 0 ENG 24. All proposed utility lines shall be installed underground. ENG 25. The applicant shall submit a letter to the City from Southern California Edison stating that the existing overhead power lines crossing over the east end of the north building on the site, is acceptable as it exists. ENG 26. 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 fine to the property line. ENG 27. 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 11 to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 28. 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. ENG 29. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 30. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb on Zanjero Road shall have City approved deep root barriers 0 installed in accordance with City of Palm Springs Standard Drawing No. 904, TRAFFIC ENG 31. 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 32. 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 33. 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 34. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS FID 1. Premises Identification (CFC 505.1): New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5". 12 FID 2. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire -fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box Installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official. FID 3. Location of Knox boxes: A Knox box shall be installed at every locked gate. Boxes shall be mounted at 5 feet above grade. Show location of boxes on plan elevation views. Show requirement in plan notes. FID 4. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Portable fire extinguishers shall not be obstructed or obscured from view. Portable fire extinguishers shall be installed so that the top is not more than 5 feet above the floor. FID 5. Interior Finish, Decorative Materials and Furnishings (CFC 801.1): The provisions of this chapter shall govern interior finish, interior trim, furniture, furnishings, decorative materials and decorative vegetation in buildings. Section 803 shall be applicable to existing buildings. Sections 804 through 808 shall be applicable to new and existing buildings. FID 6. Fire Sprinklers Required (CFC 903.2.8): An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. The contractor should submit fire sprinkler plans as soon as possible. No portion of the fire sprinkler system may be installed prior to plan approval. FID 7. Balconies and Decks (903.3.1.2.1). Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units where the building is of Type V construction. Sidewall sprinklers that are used to protect such areas shall be permitted to be located such that their deflectors are within 1 inch (25 mm) to 6 inches (152 mm) below the structural members and a maximum distance of 14 inches (356 mm) below the deck of the exterior balconies and decks that are constructed of open wood joist construction. FID 8. Audible Water Flow Alarms (CFC 903.4.2 $ Appendix K: 4.3): An approved audible sprinkler flow alarm (Wheelock horn/strobe with WBB back 13 box or equal) shall be provided on the exterior of the building in an approved location. The horn/strobe shall be outdoor rated. A second horn/strobe shall be installed in the interior of the building in a normally occupied location. In multiple suite buildings, additional interior horn/strobes shall be installed in all suites with 50 or more occupant load. Power shall be provided from a fire alarm control unit. FID 9. Valve and Water -Flow Monitoring (CFC 903.4): All valves controlling the fire sprinkler system water supply, and all water -flow switches, shall be electrically monitored. All control valves shall be locked in the open position. Valve and water -flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station. FID 10. Audible Residential Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) shall be provided on the exterior of the building in an approved location. The horn/strobe shall be outdoor rated. FID 11. Central Station Protective Signaling Service (CFC 903.4.1): A UL listed and certified Protective Signaling Service (Central Station Service) is required. Provide the Fire Department with proof of listing and current certificate. FID 12. Fire Department Connections (CFC 912.2.1 & 912.3): 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. FID 13. Fire Alarm System (CFC 907.2.10): Fire alarm system is required and installation shall comply with the requirements of NFPA 72, current Edition. END OF CONDITIONS 14 N x w m