HomeMy WebLinkAboutPC Resolution _6352- Case 5.1162 PD 342 AMNDRESOLUTION NO. 6352
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF PALM SPRINGS, CALIFORNIA,
APPROVING CASE NO. 5.1162-PDD 342-AMND,
AN AMENDMENT TO A PREVIOUSLY APPROVED
FINAL DEVELOPMENT PLANS FOR AN ADDITION
OF TWENTY HOTEL ROOMS AND OFFICE SPACE
FOR THE PALM MOUNTAIN RESORT & SPA
LOCATED AT 155 SOUTH BELARDO ROAD.
WHEREAS, on June 2, 2008, the Planning Commission approved Case No. 5.1162-
Planned Development District 342 and recommended approval of the PDD to the City
Council; and
WHEREAS, on July 16, 2008, the City Council adopted a Mitigated Negative
Declaration (MND), and approved Planned Development District 342 and Specific
Parking Plan, for the Palm Mountain Resort & Spa; and
WHEREAS, on May 31, 2012, the Planning Commission granted a one-year time
extension request for PDD 342 from July 14, 2012. To July 13, 2013; and
WHEREAS, in accordance with Section 94.03.00(G) of the Zoning Code, the Planning
Commission may approve minor architectural or site changes that do not affect the
intent of the PD; and
WHEREAS, The Palm Mountain Resort, L.P., ("Applicant") has filed an application to
amend the Final Development Plans of PD 342, Case No. 5.1162, involving
modifications to the previously approved expansion project; and
WHEREAS, on September 11, 2013, a public meeting on Case No. 5.1162-PD-342-
AMND was held by the Planning Commission in accordance with applicable law; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the proposed amendment has been determined to be a project subject to
environmental analysis under CEQA; 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: A Mitigated Negative Declaration (MND) was previously adopted by the
City Council on July 16, 2008, for the Palm Mountain Resort and Spa
Hotel. Pursuant to Section 15162 of the California Environmental Act
Planning Commission Resolution No. 6352
Case No. 5.1162 PDD 342—AMND
September 11. 2013
Page 2 of 2
(CEQA), the preparation of additional environmental documentation is not C
necessary because the proposed amendment will not intensify the
circumstances related to the project. Furthermore, the amendment will not
result in any new significant environmental effects or a substantial
increase in the severity of previously identified significant effects.
Therefore, the proposed amendment could not result in any new
environmental impacts beyond those already assessed in the previously
adopted Mitigated Negative Declaration (MND).
Section 2: The use and density of the subject property has been substantially
reduced and are not affected by the proposed changes. The architecture
will be similar to that which was originally approved and minor changes to
the landscaping are proposed as part of this amendment. Therefore, the
proposed architectural and site changes will not affect the intent of the
Planned Development District 342.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves Case No. 5.1162 PDD 342--AMND, to allow an addition
of twenty hotel rooms and office space subject to the amended Conditions of Approval
and Specific Parking Plan.
ADOPTED this 11lh day of September 2013.
AYES: 7, Commissioner Calerdine, Chair Donenfeld, Vice -Chair Hudson,
Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts and
Commissioner Weremiuk
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
argo Wheeler, AICP
Director of Planning Services
RESOLUTION NO.6352
EXHIBIT A
Case 5.1162 - PD342-AMND
Palm Mountain Resort and Spa
155 South Belardo Road
Palm Springs
CONDITIONS OF APPROVAL
September 11, 2013
1. Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer, the Director of Planning
Services, the Chief of Police, and the Fire Chief, or their respective
designee, depending on which department recommended the condition.
2. Any agreements, easements or covenants required to be entered into
shall be in a form approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
1. The owner shall provide adequate parking management resources to
make full and effective use of all vehicle spaces shown on the approved
site plan. (See Specific Parking Plan)
Administrative
3. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any
other City Codes, ordinances and resolutions which supplement the
zoning district regulations.
4. The owner shall defend, indemnify, and hold harmless the City of Palm
Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or
employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1162 PD342 and Case 5.1162 GPA. The City
of Palm Springs will promptly notify the applicant of such claim, action, or
proceeding against the City of Palm Springs and the applicant will either
undertake defense of the matter and pay the City's associated legal costs
or will advance funds to pay for defense of the matter by the City Attorney.
If the City of Palm Springs fails to promptly notify the applicant of any such
claim, action or proceeding or falls to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold
Conditions of Approval
Case 5.1162 PD3421-AMND
September 11, 2013
Page 2 of 8
harmless the City of Palm Springs. Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following an
adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
5. The property owner(s) and successors and assignees in interest shall
maintain and repair the improvements, including and without limitation,
sidewalks, bikeways, parkways, parking areas, landscape, irrigation,
lighting, signs, walls, and fences between the curb and property line,
including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in
accordance with all applicable laws, rules, ordinances and regulations of
all federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal
Code regarding public art. The project shall either provide public art or
payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be
based upon the total building permit valuation as calculated pursuant to
the valuation table in the Uniform Building Code, the fee being 112% for
commercial or industrial projects, 114% for new residential subdivisions, or
114% for new individual single-family residential units constructed on a lot
located in an existing subdivision with first $100,000 of total building
permit valuation for individual single-family units exempt. Should the public
art be located on the project site, said location shall be reviewed and
approved by the Director of Planning Services and the Public Arts
Commission, and the property owner shall enter into a recorded
agreement to maintain the art work and protect the public rights of access
and viewing.
Environmental Assessment
7. The mitigation measures of the Initial Study and subsequent Mitigated
Negative Declaration shall apply to the proposed project. Mitigation
measures are included in the Initial Study and the Mitigated Negative
Declaration, and hereby incorporated into these conditions by reference.
8. The developer shall reimburse the City for the City's costs incurred in
monitoring the developer's compliance with the conditions of approval and
mitigation monitoring program, including, but not limited to inspections and
review of developer's operations and activities for compliance with all
applicable dust and noise operations, and cultural resource mitigation.
This condition of approval is supplemental and in addition to normal
building permit and public improvement permits that may be required
pursuant to the Palm Springs Municipal Code.
Page 2 of 8
Conditions of Approval
Case 5.1162 PD3421-AMND
Final Design
September 11, 2013
Page 3 of 8
9. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Service, prior to
issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal. All
landscaping located within the public right-of-way or within community
facilities districts must be approved by the Public Works Director and the
Director of Parks and Recreation.
10. The final development plans shall be submitted in accordance with
Section 9403.00 of the Zoning Ordinance. Final development plans shall
include site plans, building elevations, floor plans, roof plans, grading
plans, landscape plans, irrigation plans, exterior lighting plans, sign
program, mitigation monitoring program, site cross sections, property
development standards and other such documents as required by the
Planning Commission. Final development plans shall be submitted within
two (2) years of the City Council approval of the preliminary planned
development district.
11. Prior to the issuance of building permits, the applicant shall submit an
exterior lighting plan in accordance with Zoning Ordinance Section
93.21.00, Outdoor Lighting Standards, for review and approval by the
Director of Planning Services.
a. Manufacturer's cut sheets of all exterior lighting on the building and
in the landscaping shall be submitted for approval prior to issuance
of a building permit.
b. If lights are proposed to be mounted on buildings, down -lights shall
be utilized. No lighting of the hillside is permitted.
General Conditions/Code Requirements
12. The project is subject to the City of Palm Springs Water Efficient
Landscape Ordinance. The applicant shall submit an application for Final
Landscape Document Package to the Director of Planning Services for
review and approval prior to the issuance of a building permit. Refer to
Chapter 8.60 of the Municipal Code for specific requirements.
13. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion
Control Plan shall be submitted and approved by the Building Official.
Refer to Chapter 8.50 of the Municipal Code for specific requirements.
14. Separate architectural approval and permits shall be required for all signs.
A detailed sign program shall be submitted for review and approval by the
Planning Commission prior to the issuance of building permits.
Page 3 of 8
Conditions of Approval September 11, 2013
Case 5.1162 PD3421-AMND Page 4 of 8
15. All materials on the flat portions of the roofs shall be non -reflective
material finish. (Amended by CC on July 16, 2003)
16. All roof -mounted mechanical equipment shall be screened per the
requirements of Section 93.03.00 of the Zoning Ordinance. The screening
shall be considered as an element of the overall design and must blend
with the architectural design of the building(s). The exterior elevations and
roof plans of the buildings shall indicate any fixtures or equipment to be
located on the roof of the building, the equipment heights, and type of
screening. Parapets shall be at least 6" above the equipment for the
purpose of screening. (Amended by CC on July 16, 2003)
17. No exterior downspouts shall be permitted on any fagade on the proposed
building(s) which are visible from adjacent streets or residential and
commercial areas.
18. Perimeter walls, if proposed, shall be designed, installed and maintained
in compliance with the corner cutback requirements as required in Section
93.02.00.D.
19. The design, height, texture and color of building(s), fences and walls shall
be submitted for review and approval prior to issuance of building permits.
20. The street address numbering/lettering shall not exceed eight inches in
height.
21. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of
Title 24 of the California Administrative Code. Compliance shall be
demonstrated to the satisfaction of the Director of Building and Safety.
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".
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.
Page 4of8
Conditions of Approval
Case 5.1162 PD3421-AMND
September 11, 2013
Page 5 of 8
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-AA 0-13: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 govem 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
0 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 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.
Page 5 of 8
Conditions of Approval September 11, 2013
Case 5.1162 PD3421-AMND Page 6 of 8
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 Fife 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.
FID 14. Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates
shall have a clear width of at least 15 feet and be equipped with a
frangible chain and padlock.
FID 15. Residential Smoke and Carbon Monoxide Alarms Installation with
Fire Sprinklers (CFC 907.2.10.1.2, 907.2.10.2 & 907.2.10.3; CRC
R315): Provide and install Residential Smoke and Carbon Monoxide
Alarms (Kidde SM120X Relay / Power Supply Module connected to
multi -station Kidde smoke and carbon monoxide alarms or equal
system and fire sprinkler flow switch). Alarms shall receive their
primary power from the building wiring, and shall be equipped with a
battery backup. In new construction, alarms shall be interconnected so
that operation of any smoke alarm, carbon monoxide alarm or fire
sprinkler flow switch causes all smoke and carbon monoxide alarms
within the dwelling to sound and activate the exterior horn/strobe.
Police Department 0
1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs
Municipal Code.
Page 6 of 8
Conditions of Approval
Case 5.1162 PD3421-AMND
Engineering Department:
September 11, 2013
Page 7 of 8
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
TAHQUITZ CANYON WAY
2. All broken or off grade street improvements shall be repaired or replaced.
BELARDO ROAD
3. All broken or off grade street improvements shall be repaired or replaced.
CAHUILLA ROAD
4. All broken or off grade street improvements shall be repaired or replaced.
SANITARY SEWER
5. All sanitary facilities shall be connected to the public sewer system.
GENERAL
6. 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.
7. All proposed utility lines shall be installed underground.
Page 7 of 8
Conditions of Approval
Case 6.1162 PD3421-AMND
TRAFFIC
September 11, 2013
Page 8 of 8
Ee
8. The existing on -street parking restriction on the south side of Tahquitz
Canyon Way extending 40 feet west of Belardo Road shall remain. On -
street parking shall be prohibited on the south side of Tahquitz Canyon
Way extending west of Belardo Road, as necessary to provide minimum
required sight distance for northbound vehicles approaching the Tahquitz
Canyon Way and Belardo Road intersection, as required by the City
Engineer.
9. Construction signing, lighting and barricading shall be provided for on all
projects as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in
accordance with State of California, Department of Transportation,
"Manual of Traffic Controls for Construction and Maintenance Work
Zones" dated 2006, or subsequent additions in force at the time of
construction.
END OF CONDITIONS
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