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HomeMy WebLinkAboutPC Resolution _6366- Case 5.1132 PD 333 AMNDA RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION NO. 200700845 AND THE ADDENDUM THERETO AS SUFFICIENT AND APPROPRIATE ENVIRONMENTAL DOCUMENTENTATION FOR THE PROPOSED AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 333 AND TENTATIVE PARCEL MAP 35236, AND HEREBY APPROVES AN AMENDMENT TO PLANNED DEVELOPMENT DISTRICT 333, RECOMMENDS COUNCIL APPROVAL OF TENTATIVE PARCEL MAP 35236, AS PROPOSED BY PRAETOR INVESTMENT, LLC, TO DEVELOP A PROPOSED 200- ROOM HOTEL, 50 HIGH -END RESIDENTIAL UNITS AND A PARKING STRUCTURE ON APPROXIMATELY 10.7 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD WHEREAS, the Praetor Investments, LLC, (the "Applicant") has filed an application with the City to amend the previously approved Planned Development District 333 and Tentative Parcel Map 35236 pursuant to the provisions of Section 94.02.00 (B) of the Palm Springs Zoning Code; and WHEREAS, the City Council of the City of Palm Springs originally approved Planned Development District 333 (PDD 333), on July 18, 2007, for a 200-room hotel and 143- unit condominium units ("Initial Project"); and WHEREAS, the project applicant timely submitted a request for an extension of the Initial Project and applied for amendments to the PDD 333 and Tentative Parcel Map 35236 (TPM 35236) (collectively the "Amended Project"); and WHEREAS, on April 22, 2013, the proposed amendment to PDD 333, was reviewed by the Architectural Advisory Committee (AAC), and recommended approval to the Planning Commission with a unanimous vote; and WHEREAS, on June 12, 2013, a public hearing on the Amended Project was held by the Planning Commission in accordance with applicable law; and WHEREAS, on October 2, 2013, the City Council directed staff to re -notice the Amended Project for a public hearing by the Planning Commission, and WHEREAS, the Amended Project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration Nol K Resolution No. 5.1132-PD 333 AMND Page 2 November 13, 2013 has been previously prepared for Initial Project and was distributed for public review and comment in accordance with CEQA; and WHEREAS, a draft Addendum and a final Addendum have been prepared to the Mitigated Negative Declaration pursuant to CEQA and submitted to the Planning Commission for its review and consideration; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Amended Project, including but not limited to the staff report, the Mitigated Negative Declaration and the final Addendum, and all written and oral testimony presented; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the Amended Project, was given in accordance with applicable law; and WHEREAS, on October 23, 2013, a public hearing on the Amended Project was held by the Planning Commission in accordance with applicable law; and WHEREAS, on November 13, 2013, a public hearing on the Amended Project was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the Amended Project, including but not limited to the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION FINDS AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been previously completed for the Initial Project under the provisions of the California Environmental Quality Act (CEQA). A determination was made that the Initial Project had the potential for significant impacts, but that the impacts would not be significant because initial project modifications and mitigation measures incorporated into the Initial Study reduce impacts to less than significant levels. An Addendum to the Amended Project has been prepared which finds that the Amended Project will not result in any new environmental impacts or substantially increase the severity of previously identified impacts as compared to the Initial Project. The analysis in the Addendum concludes that none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent EIR or Negative Declaration have occurred and therefore the Addendum to the Amended Project is appropriate to satisfy CEQA requirements for the Amended Project. The evidence in the file support the finding that no circumstances or conditions Eo Eo- Resolution No. 5.1132-10D 333 AMND Page 3 November 13, 2013 requiring the preparation of a subsequent Negative Declaration or EIR are present in this case. Section 2: Pursuant to Section 94.03.00 of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development amendment is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed amendment to Planned Development District 333 is consistent with the General Plan, which includes policies specifically relating to the expansion of the City's tourism base. The project is also consistent with the Section 14 Master Plan, as amended, which represents the General Plan and Zoning for the property on which the project is located. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terns of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project, as planned, designed and conditioned, is consistent with the Section 14 Master Plan and the City of Palm Springs vision of the area for the future. The site is physically suitable and appropriate for the proposed project given its close proximity to the Convention Center and the downtown area. The location provides sufficient access points for all uses proposed. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The Amended Planned Development District modifies development of the project while maintaining the original development envisioned for the site; upon completion of the project, the development will still reflect a manner that is conducive with the urban development sought for in the area. The project adds to the Section 14 Master Plan facilities which are complementary to the Convention Center and the nearby downtown area. Section 3: The Planning Commission further finds consistent with the requirements of the Subdivision Map Act and Title 9 of the Palm Springs Municipal Code, based on the evidence in the file and the record that the Amended Project complies with applicable requirements as to area, general plan, improvements and design, floodwater drainage control, appropriate improved public roads, sanitary disposal facilities, water supply availability, environmental protection, and all other requirements of Title 9 of the Palm Springs Municipal Code. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the Planning Commission approves the proposed amendment to Planned Development District 333 and recommends approval of modified Tentative Parcel Map 35236 to the City Council, for the development of a 200-room hotel, 50 high -end residential units and a parking ca Resolution No. Page 4 5.1132-PD 333 AMND November 13, 2013 structure on an approximately 10.47 acres of vacant lands located at the northwest comer of Avenida Caballeros and Amado Road subject to the Conditions of Approval attached hereto as Exhibit A and such approvals shall be valid for two years, unless otherwise extended in a manner authorized under applicable provisions of the Palm Springs Municipal Code. ADOPTED THIS 13" day of November 2013. AYES: Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe, Commissioner Roberts, Commissioner Weremiuk, Vice -Chair Hudson and Chair Donenfeld NOES: None. ABSENT: None. ABSTAIN: None. CITY OF PALM SPRINGS, CALIFORNIA ATTI=CT- Director of Planning Services M ADDENDUM TO DOLCE CEQA DETERMINATION ANALYSIS Mitigated Negative Declaration No. 200700845 1. Project Summary This is a proposed amendment to a previously approved Planned Development District (PD 333) and tentative parcel map (TPM 35236) for the development of a 200-room hotel, 50 residential units and a parking structure located at the Northwest corner of Avenida Caballeros and Amado Road (hereafter, the "Project"). The Planning Commission previously considered an amendment to the PD 333 and on June 12, 2013, recommended that the applicant consider incorporating some design changes. The Project was placed on the October 2, 2013, City Council agenda, but was continued with the direction to take it back to the Planning Commission for a re -hearing. The applicant made changes to the Project which are more specifically detailed in the staff report. 2. Previous Environmental Documentation On July 18, 2007, the City Council adopted Mitigated Negative Declaration (MND No. 200700845, "MND") for a proposed 200 room hotel and up 200 condominiums on an approximately 10.47-acre parcel. The hotel included an 8,000 square foot ballroom, a 2,760 square foot restaurant, a 4,260 square foot bar, an 8,400 square foot spa, a 2,035 square foot gourmet market and a 511-space parking structure (hereafter, the "2007 Project"). Primary access was from Amado Road. The MND studied the possible impacts of the 2007 Project on aesthetics, biological resources, hazards and hazardous materials, mineral resources, public services, utilities/service systems, agricultural resources, cultural resources, hydrology/water quality, noise, recreation, air quality, geology/soils, land use/planning, population/housing and transportation/traffic. In adopting the MND, the City Council determined that the 2007 Project would not have a significant effect on the environment because it either had no impacts, revisions in the project were made to mitigate the effects so that they were not significant and/or mitigation measures were required to be implemented as part of the 2007 Project approvals. A Notice of Determination of the City Council's decision was filed with the County Clerk and posted on July 23, 2007. Mitigation measures were proposed and adopted relating to air quality, cultural resources, noise, and traffic. With respect to the other remaining environmental areas studied, the MND concluded that the 2007 Project would either have no impacts or less than significant impacts. 3. Purpose and Basis for this Addendum Pursuant to Sections 15051 and 15367 of the California Environmental Quality Act ("CEQA") Guidelines, the City is the Lead Agency for CEQA compliance. Based on the analysis in this Addendum, the City determined that the potential impacts of the Project were previously analyzed in or are substantially similar to the impacts analyzed in the MND and that none of the conditions identified in Public Resources Code Section 21166 966024 1 V or Section 15162 of the CEQA Guideline apply. The City determined that it would prepare this Addendum to: (1) evaluate whether the Project's environmental impacts were already analyzed in the MND; (2) document the City's findings with respect to the Project and its environmental determinations; and, (3) evaluate and document that a new, supplemental or subsequent EIR, Negative Declaration, or Mitigated Negative Declaration was not warranted. This Addendum is the appropriate CEQA documentation for the project because: • the Project does not change the land uses that are currently permitted within the City's General Plan and PD 333, the impacts of which have been previously analyzed in the MND; • the Project would not permit an intensification of permitted uses that would lead to increased environmental impacts beyond those that are already identified in the MND and actually reduces the intensification; • the Project does not modify the previously analyzed 2007 Project in any substantive way; • no new mitigation measures are required; • none of the conditions identified in Public Resources Code Section 21166 or Section 15162 of the CEQA Guideless applies; and, • no new significant adverse project -specific or cumulative impacts in any environmental areas were identified, nor would any project -specific or cumulative impacts in any environmental areas be made worse as a result of implementing the Project; • Only minor technical changes or additions are necessary. An agency may prepare an addendum to a prior negative declaration pursuant to CEQA Guidelines Section 15164 that states, in pertinent part: uAn addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for preparation of a subsequent EIR or negative declaration have occurred. An addendum need not be circulated for public review but can be included in or attached to the ... adopted negative declaration. The decision making body shall consider the addendum with the ... adopted negative declaration prior to making a decision on the project." The Project is consistent with the City's General Plan and Zoning in that the Project does not alter and is consistent with the intent of the previously established Planned Development District (PD 333). The modifications proposed from the previously approved 2007 Project does not significantly change the intensity or scale of the 2007 Project. If anything the Project reduces the intensity and scale of the 2007 Project in that there is a 150-unit reduction in the maximum number of residential units that can be constructed and the height of the Project is four feet lower than the 2007 Project. A table is included in this Addendum comparing the Project with the 2007 Project. As such, there are no new significant impacts resulting from the Project, nor is there any substantial increase in the severity of any previously identified environmental impacts. 0 9660241 In addition, the circumstances under which the Project would be implemented would not result in new or more severe significant environmental impacts. None of the conditions described in Section 15162 of the CEQA Guidelines have occurred. Specifically, there have not been: (1) changes to the Project that require revisions to the previously certified MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; (2) substantial changes with respect to the circumstances under which the Project is undertaken that require major revisions to the previous MND due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; or (3) the availability of new information of substantial importance relating to a significant effect or mitigation measures or alternatives that was not known and could not have been known when the MND was adopted. The City applicant will be required to comply with the mitigation measures adopted for the 2007 Project and no new mitigation measures are proposed or required. 4. Project Description On April 11, 2013, the owner of the previously approved 2007 Project submitted an application to modify the 2007 Project. The modified Project calls for a 200-room hotel, 50 residential units and associated parking structure. On June 12, 2013, the Planning Commission at its regularly scheduled public hearing meeting reviewed and unanimously approved the proposed Planned Development District amendment for the construction of 200-room hotel and 50 residential units. The Project also includes a Tentative Tract Map (TTM 35236) to subdivide the approximately 10.7-acre property. As proposed, the Project will not affect the intent of the previously established PD 333 design standards but will modify site configuration and Tentative Parcel Map 35236. Staff conducted an environmental analysis of the modified project under CEQA and made a finding that "Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent MND, Subsequent EIR or further environmental documentation is not necessary because the changed circumstances of the Project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The modified Project would not result in any new environmental impacts beyond those already assessed in the MND and no new mitigation measures are proposed. The table on the following page compares the 2007 Project with the Project now being proposed. 966024.1 k Corti arison' dfApprovdd Pediect and Proposed 1 PD-333 Amendment e �TypeFof Standard Approved Project Proposed PD-333 Amendment Location NWC of Ave Cab & Amado Rd NWC of Ave Caballeros & Amado Use Mixed -use; Hotel & Residential Mixed -Use; Hotel & Residential -Proposed Lot Size 10.47 Acres 10.47 Acres Site Circulation Ingress, egress, access and parking per City Standards Ingress, egress, access and parking per City Standards General Plan Density 43 units per acre Same proposed Zoning Ordinance Density Hotel: 54 units/acre Residential: 29 units/acre Same proposed Same proposed Architecture Contem ora Mid -Century Modern 1 International 3 2 -Phasing Coverage 48% 43% Front Setbacks Amado Road: 30 feet Calle Alvarado: 30 feet 31 feet min. 32 feet min. Side Setbacks Avenida Caballeros: 30 feet 31 feet min. Rear Setbacks 18 feet Avenida Caballeros: 20 feet 30 feet min. 30 feet min. Stories 5 5 Height 64 feet 56 feet Hotel Units 200 200 Residential Units 200 50 Fitness Facility None Yes Event Spaces Yes Yes Swimming Pools 1 2 Roof Top Terrace None Yes Restaurant One Two Parking; Hotel Surface Parking Below/Above Grade Parking Structure Parking; Residential Surface Parking Below/Above Grade Parking Structure Total Parking Spaces 511 398 Access into Hotel Street Level Enty Point Below Grade Entry Lobby Common Open Space 52% 47% excluding patios & balconies Mitigation Measures Mitigation Measures from MND No. 200700845 Same Mitigation Measures will apply to the proposed modified project N 9660241 5. Environmental Evaluation Aesthetics: The overall permitted height of the Project has been reduced resulting in reduced aesthetic impacts, including reduced impacts to view corridors. The Initial Study for the 2007 Project included visual simulations of the buildings in the area. Simulations were completed to assess the impacts to surrounding development; as they show, the impacts will vary from location to location. The most noticeable change will occur on the west side of the existing Center Court project, where the back of the hotel will be located. However, with the inclusion of project landscaping, it is believed that the surfaces of the building will be softened at this location, In addition, it is important to note that the residential units in this area of Center Court have rear patios facing east, not west, and that therefore back yard views will not be affected. Overall due to a slightly lower profile and increased setbacks the Project will have no new view impacts. Therefore, the conclusions in the MND that the 2007 Project would have no impacts to aesthetics apply to the Project. Agriculture Resources: The Project site is surrounded by developed residential property and neither the site nor its adjacent uses are designated as farmland or are subject to a Williamson Act contract. Therefore, the conclusions in the MND that the 2007 Project would have no impacts to agricultural resources apply to the Project. Air Quality: The Project will not create additional impacts beyond those already evaluated in the MND and given the fact that the Project is less in size and scope than the 2007 Project, it is likely to have less construction and operational -related emissions. The mitigation measures proposed in the MND will apply to the Project and no new mitigation measures are required. Therefore, the conclusions in the MND that with identified mitigation measures that air quality impacts will be less than significant apply to the Project. Biological Resources: The Project site is located in a developed, urban area and within the parcel as the 2007 Project site which was previously developed and disturbed. Therefore, the conclusions in the MND that the 2007 Project will have no impacts to biological resources apply to the Project. Cultural Resources., The Project site is located in a developed, urban area and within the same parcel as the 2007 Project site which was previously developed and disturbed. The MND noted that 966024 1 there is, however, always the possibility of buried cultural and paleontological resources on the Project site and proposed mitigation in the event these resources are uncovered during the 2007 Project development. Therefore, the conclusions in the MND that cultural resources impacts will be less than significant with mitigation apply to Project. Geology and Soils: The geologic conditions and location of the Project site are unchanged. Therefore, the conclusions in the MND that the 2007 Project would have no impact on geology and soils apply to the Project. Hazards and Hazardous Materials: Because the Project's proposed uses are substantially similar, albeit somewhat less intense than the uses analyzed in the MND, the amount of household cleaners and chemicals typically used for residential development and brought on to the site will be less. Therefore, the conclusions in the MND that the 2007 Project would have no impact on hazards and hazardous materials apply to the Project. Hydrology and Water Quality: The Project is less intense than the 2007 Project analyzed in the MND and thus, water demand from the Project will be less than the 2007 Project. The Project site is the same and the floor area ratio substantially similar as the 2007 Project. Therefore, the conclusions in the MND that the 2007 Project would have no impacts to hydrology and water quality apply to the Project. Land Use: The proposed changes to the Project have not changed the designated land use of the subject site; moreover there are no significant changes in the surrounding land uses that could change the circumstances of the project. The surrounding land uses are predominantly residential and that has not changed since the MND was adopted. The 2007 Project was approved for a 200-unit hotel and 143 residential development. The Project proposes a 200-unit hotel and 50-unit residential development, which is consistent with PD 333, the Specific Plan and the General Plan. Thus, there is no conflict with the applicable land use designation. Therefore, the conclusions in the MND that the 2007 Project would have no impact on land use apply to the Project. Mineral Resources: The Project is still located within an urbanized, developed area of the City and upon the same parcel. As noted in the MND, no significant mineral resources have been identified in the project area. Therefore, the conclusions in the MND that the 2007 Project would have no impact to mineral resources, apply to the Project. 966024 1 Noise: The MND identified potential noise impacts and requires that specified mitigation measures be implemented to ensure they are reduced to less than significant levels. Once constructed, as with the 2007 Project, it is not anticipated that the Project will generate significant additional noise in the Project area beyond current levels. As for construction activities, the MND requires the implementation of mitigation measures, including compliance with all construction regulations including construction hours prescribed in the City's Municipal Code. Given the Project's reduced size, construction noise and post -construction noise will be reduced over that analyzed for the 2007 Project. Therefore, the conclusions in the MND that with mitigation measures the 2007 Project's noise impacts would be less than significant apply to the Project. Population and Housing: The Project's hotel is substantially the same as the 2007 Project analyzed in the MND, but with fewer residential units and as noted in the MND will not displace any existing housing. Therefore, the conclusions in the MND that the 2007 Project would have no impacts on population and housing apply to the Project. Public Services. Given that the Project contains significantly fewer residential units and a hotel development with the same number of rooms and services than the 2007 Project, the Project will have fewer impacts on public services than the 2007 Project analyzed in the MND. Therefore, the conclusions in the MND that the 2007 Project's impacts on public services would be less than significant apply to the Project. Recreation: Given that the Project contains significantly fewer residential units, but will continue to provide on -site recreational opportunities, the Project will have fewer impacts on recreation than the 2007 Project. Therefore, the conclusions in the MND that the 2007 Project's impacts will be less than significant apply to the Project. Trafc., The Project is proposing to build a 200-roam hotel, 50 residential units and a parking structure, which represents a decrease in size of the Project and resulting traffic trips from the previously approved and analyzed 2007 Project. The MND included an 89- page traffic study, plus appendices and considered five cumulative future projects in the area, including the Hard Rock Hotel, the Nexus/La Mancha development, One Palm Springs P.D.D. (aka Del Grano), the Del Grano II development and the Palomino development. Of the five cumulative projects considered, only one has been completed, the 43-unit Morrison residential development which replaced the Nexus/La Mancha development north of the site. The 46-unit Sol residential development which replaced 9660241 the Del Grano 11 development east of the Project site is currently under construction. With respect to the Palomino development 14 of 22 proposed units have been completed. It should be noted that when the 2007 Project was considered, the traffic analysis considered the potential impacts associated with 200 hotel rooms and 200 condominiums. The only significant change from the 2007 Project from a traffic standpoint is a reduction in the number of residential units to 50. The MND's traffic cumulative analysis also considered traffic from the Nexus site based on 75 residential units and 79 residential units from the Del Grano II site (Table 3-1 of the traffic analysis), which is 65 more units than were actually built. With the proposed mitigation measures the traffic analysis concluded that although the 2007 Project would impact surrounding intersections to varying degrees, none of the intersections would operate at a deficient level of service, with implementation of the 2007 Project and surrounding proposed projects. The MND identified the loss of 400 surface parking spaces utilized by the Convention Center as a potential adverse impact of the 2007 Project. The 2007 Project included the construction of a parking structure with a capacity of 511 vehicles of which 261 spaces were not assigned to the hotel and could be available for parking in conjunction with Convention Center events. The MND concluded that inclusion of these spaces coupled with (1) additional parking being developed by the City at other locations to accommodate Convention Center activities; (2) the likelihood that hotel guests of Project hotel will attend events at the Convention Center, and (3) the parking requirements for each use will be further reduced by the complementary use resulting from the location of the hotel across from the Convention Center led to the conclusion that the overall impacts associated with parking requirements were expected to be less than significant. The Project includes a payment to the City of $2 Million Dollars toward the replacement of Convention Center parking on the Project site at location(s) to be determined at some future date. In addition, the City continues to maintain and develop parking at other locations in reasonable proximity to the Convention Center, hotel guests of the Projects will likely attend events at the Convention Center, and the parking requirements for the Project will be further reduced by the complimentary use resulting from the location of the hotel across from the Convention Center. All the mitigation measures from the previous MND will apply to the Project. Therefore, the conclusions in the MND that with mitigation measures the 2007 Project will have less than significant impacts to transportation and traffic apply to the Project. Utilities and Service Systems: The Project will have fewer residential units than the 2007 Project. Thus, its impacts on utilities and service systems will be less than the 2007 Project analyzed in the MND. Therefore, the conclusions in the MND that the 2007 Project will have less than significant impacts to utilities and service systems apply to the Project. Findings: Based on the above, the modified Project would not result in any new environmental impacts beyond those already assessed in the previously adopted MND and no new mitigation measures are necessary. Thus, an addendum is appropriate. 966024 1 Q A`M sA9 � a Y N • r +oe.rA cq4 ►FO1tN�P Plann►np Commission Staff Report DATE: NOVEMBER 13, 2013 SUBJECT: PRAETOR INVESTMENT, LLC, FOR AN AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 333 (PDD 333) AND TENTATIVE PARCEL MAP (TPM 35236) FOR THE DEVELOPMENT OF A 200-ROOM HOTEL, 50 RESIDENTIAL UNITS AND A PARKING STRUCTURE LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD. FROM: DEPARTMENT OF PLANNING SERVICES SUMMARY On October 23, 2013, the Planning Commission considered a proposed amendment to the Dolce Hotel project and continued the hearing to a date certain of November 13, 2013. The Commission also directed that the applicant consider options of mitigating view impact issues associated with the project design. On October 6, 2013, the proposal was on the City Council's agenda but was continued with the direction to take it back to the Planning Commission for an action at the hearing of November 13, 2013. The previously approved Planned Development District (PD 333) and Tentative Parcel Map 35236 are for the construction of a 200-room hotel, 50 residential units and a parking structure on approximately 10.47 acres located at the northwest corner of Avenida Caballeros and Amado Road. As previously determined, the amendment will not affect the intent of the previously established Planned Development District design standards but will modify the site plan and configuration of Tentative Tract Map 35236. The project site is within the boundaries of the Section 14 Master Plan Area. RECOMMENDATION: Find the previously adopted Mitigated Negative Declaration (MND No. 200700845) sufficient; approve the proposed amendment and recommend approval of the amended Tentative Parcel Map to the City Council. ISSUES: At the hearing of November 6, 2013, the City Council directed staff to bring the project back to the Planning Commission for an action at the November 13, 2013 meeting. Planning Commission Staff Report Case 5.1132-PD 333 Page 2 of 7 BACKGROUND: November 13, 2013 Since the last time the Commission considered the proposed amendment, the applicant has made some changes to the project. Some of the changes are as a result of inputs of the Planning Commission. Below are some of the actions and changes that have taken place since the Commission last saw this project. Meetings: On November 5, 2013, the applicant met with the pro Measure J group; on November 6, 2013, and November 7, 2013, the applicant met with the Center Court Community for a presentation of the revised project. There were five community residents in attendance at the November 6, 2013, meeting. Updates of the November 7, 2013, will be provided at the public hearing of November 13, 2013. Exhibits and submittals are on the website. Changes Made to the Project: • The main hotel building has been shifted diagonally to the south west creating more setbacks on the east face of the arc. This shift creates a setback from the east property line of 80 feet at the buildings northern most corner and 107 feet at center of the arc. • The hotel guest rooms mix and placement in the main building has been modified in order to reduce the overall length by 30'. This coupled with the additional setback has shortened the overall building length by 40 feet, all taken from the north end. • The parking garage has been modified to reduce its height by one level. This in turn reduced the overall height of the north facing condo building by 10 feet which is 14 feet below the height of the hotel and setback 90 feet from the north property line. The south facing condo building has also been reduced in height by 10 feet. a a Revised Site Plan Ice] Planning Commission Staff Report Case 5.1132-PD 333 Page 3 of 7 Building Height: November 13, 2013 The project site is located within the boundaries of the Section 14 Master Plan; per Section 6.2.5.1 (High-rise Buildings) of Section Specific Plan "the maximum height of high-rise buildings shall be 100 feet including all appurtenances on the buildings, as measured from any point of natural elevation of the ground at the building line, before grading, to the maximum projection on top of the building above the same point" The maximum height of the hotel is 56 feet; the height of the condominium unit to the northeast is 42 feet and the height of the condominium units to southeast is 25 feet. ENVIRONMENTAL DETERMINATION ANALYSIS: On July 18, 2007, the City Council of the City of Palm Springs adopted a Mitigated Negative Declaration (MND No. 200700845), and approved Case No. 5.1132-PDD 333, a Planned Development District application and Tentative Tract Map 35236. The approval also included a parking structure on the approximately 10.47 acres located at the northwest corner of Avenida Caballeros and Amado Road. The proposed project will result in the construction of a 200 room hotel and 145 condominium units with a gross density of 33 units per acre. The project site is located in the High Density Residential land use designation under the Section 14 Master Plan. This designation allows development to a density of up to 43 units per acre. The proposed project occurs on lands totaling approximately 10.47 acres. The project consists of the following components: A mixed -use development consisting of a 200-room hotel to include an 8,000 square foot ballroom, a restaurant (2,760 sq. ft.), bar (4,260 sq. ft.), 8,400 square foot spa, and gourmet market 2,035 sq. ft.); with primary access from Amado Road. The structure will be 5 stories in height. 2. 145 condominium units, on 3, 4 and 5 stories with underground parking, and primary access from Calle Alvarado. 3. A 511 space parking structure, with a maximum height of 29 feet above grade. On April 11, 2013, the owner of the previously approved Mondrian project submitted an application to modify the previously approved project. The modified project calls for a 200-room hotel, 50 residential units and associated parking structure. On June 12, 2013, the Planning Commission at its regularly scheduled public hearing meeting reviewed and unanimously approved the proposed Planned Development District amendment for the construction of 200-room hotel and 50 residential units. The project also includes a Tentative Tract Map (TTM 35236) to subdivide the approximately 10.7-acre property. As proposed, the amendment will not affect the intent of the previously established Planned Development District design standards but will modify site configuration and Tentative Parcel Map 35236. Staff conducted an environmental analysis of the modified project under CEQA and made a finding that "Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent MND, Addendum to the MND or Planning Commission Staff Report November 13. 2013 Case 5.1132-PD 333 Page 4 of 7 further environmental documentation is not necessary because the changed circumstances of the project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The modified development, a proposal for 200-room hotel and 50 residential units would not result in any new environmental impacts beyond those already assessed in the previously adopted Mitigated Negative Declaration. (MND No. 200700845). The Table below compares the previously approved PDD 333 and the modified proposal, PDD 333. Comparison of roved Project and Proposed PD-333 Amendment Type of Standard Approved Project Proposed PD-333 Amendment Location NWC of Ave Cab & Amado Rd NWC of Ave Caballeros & Amado Use Mixed -use; Hotel & Residential Mixed -Use; Hotel & Residential -Proposed Lot Size 10.47 Acres 10.47 Acres Ingress, egress, access and parking per City Standards Site Circulation Ingress, egress, access and parking per City Standards General Plan Density 43 units per acre Same proposed ,Zoning Ordinance Density Hotel: 54 units/acre Residential: 29 units/acre Same proposed Same proposed Architecture Contemporary Mid -Century Modern 1 International Phasing 3 NIA Coverage 48% 43% Front Setbacks Amado Road: 30 feet Calle Alvarado: 30 feet 45 feet 32 feet Side Setbacks Avenida Caballeros: 30 feet 31 feet Center Court Condos. 52 feet 80 feet Rear Setbacks 18 feet Avenida Caballeros: 20 feet 20 feet 20 feet Stories 5 5 Hotel Overall Length 504 feet 432 feet Condos Overall Len th Parking Structure 210 feet Height 64 feet 56 feet Hotel Units 200 200 Residential Units 200 50 Fitness Facility None Yes Event Spaces Yes 1 Yes Swimming Pools 2 Roof Top Terrace None Yes Two Restaurant One Parking; Hotel Surface Parking Below Grade Parking Structure Parking; Residential Surface Parking Below Grade Parking Structure Total Parking Spaces 238 398 Access into hotel Street Level Entry Point Below Grade Entry Lobby Common Open Space 52% 47% excluding patios & balconies Mitigation Measures Mitigation Measures from MND No. 200700845 Same Mitigation Measures will apply to I the proposed modified project Staff evaluated the modified project and determined that its environmental effects would be the same or less than the project as evaluated in the MND. Specifically, these sections of the MND were evaluated: 0 Planning Commission Staff Report Case 5.1132-PD 333 Page 5 of 7 Aesthetics: November 13, 2013 The overall permitted height of the project has been reduced resulting in reduced aesthetic impacts, including reduced impacts to view corridors. The conclusions in the original MND will apply to the modified project. The original Initial Study included visual simulations of the buildings in the area. Simulations were completed to assess the impacts to surrounding development; as they show, the impacts will vary from location to location. The most noticeable change will occur on the west side of the existing Center Court project, where the back of the hotel will be located. However, with the inclusion of project landscaping, it is believed that the surfaces of the building will be softened at this location. In addition, it is important to note that the residential units in this area of Center Court have rear patios facing east, not west, and that therefore back yard views will not be affected. Agriculture Resources: The project site is surrounded by developed residential property and neither the site nor its adjacent uses are designated as farmland or are subject to a Williamson Act contract. The conclusions in the original MND apply to the modified project. Air Quality. The proposed mixed -use development consisting of hotel and residential development are not likely to create additional impacts beyond those already evaluated in the MND. Given the fact that the new project is less in size and scope, the development is likely to have less construction and operational -related emissions. The conclusions and mitigation measures in the MND apply to the modified project. Biological Resources: The project site is still located in a developed, urban area and the project site was previously developed and disturbed. The conclusions in the MND apply to the modified project. Cultural Resources: The project site is still located in a developed, urban area and the project site was previously developed and disturbed. The conclusions and mitigation measures in the MND apply to the modified project. Geology and Soils: The geologic conditions of the project site are unchanged. The conclusions and mitigation measures in the MND apply to the modified project. Hazards and Hazardous Materials: The conclusions and mitigation measures in the MND apply to the modified project. Hydrology and Water Quality: The modified project is less intense than the project analyzed in the MND. The conclusions in the MND apply to the modified project. Land Use: The proposed changes to the project have not changed the designated land use of the Planning Commission Staff Report November 13. 2013 Case 5.1132-PD 333 Page 6 of 7 subject site; moreover there are no significant changes in the surrounding land uses that could change the circumstances of the project. The surrounding land uses are predominantly residential and that has not changed since the MND was adopted. The original project was approved for a 200-unit hotel and 143 residential development; in light of this, staff made a determination that there is no conflict with the applicable land use designation. The conclusions and mitigation measures in the previously adopted MND will apply to the modified project. Mineral Resources: No significant mineral resources have been identified in the project area. The conclusions and mitigation measures in the MND apply to the modified project. Noise: As with the original project, it is not anticipated that the changed project will generate additional noise in the project area. As with all construction activities within the City, the applicant will be conditioned to comply with all construction regulations including construction hours prescribed in the City's Municipal Code. Furthermore, this use will be required to comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. The conclusions and mitigation measures in the MND apply to the modified project. Population and Housing: The modified project is less intense than the project analyzed in the MND. The conclusions in the MND apply to the modified project 0 Public Services: The modified project is less intense than the project analyzed in the MND. The conclusions in the MND apply to the modified project. Recreation: The modified project is less intense than the project analyzed in the MND. The conclusions in the MND apply to the modified project. TraRic: The new project is proposing to build a 200-roam hotel, 50 residential units and a parking structure, this represents a decrease in size; and because the change is less than the previously approved project, it is highly unlikely that the changed project would cause an increase in traffic that will be substantial when compared to the existing traffic load and capacity of Amado Road, Avenida Caballeros and Calle Alvarado. The only change in the immediate vicinity of the project location is the construction of the 43-unit Morrison residential development north of the site and the 46-unit Sol residential development east of the Doice site. It should be noted that back in 2007, when the original project was considered, a traffic impact analysis was prepared for the proposed project. The analysis considered the potential impacts associated with 200 hotel rooms and 200 condominiums, and therefore considers more significant potential impacts than those which will result from the development of 50 residential units. Furthermore, the Morrison 0 project was originally approved for 85 residential units for Nexus development and Sol site was originally approved for 84-unit residential development known as Del Grano II. Planning Commission Staff Report November 13, 2013 Case 5.1132-PD 333 Page 7 of 7 The study found that although the proposed project will impact surrounding intersections to varying degrees, none of the intersections will operate at a deficient level of service, with implementation of the proposed project and surrounding proposed projects. Surrounding intersections will operate at level of service C or better at project build out (2009) for both signalized and un-signalized intersections. All the mitigation measures from the previous MND will apply to the amended project. Utilities and Service Systems: The modified project is less intense than the project analyzed in the MND. The conclusions in the MND apply to the modified project. Findings: The modified development, a proposal to develop a 200-room hotel, 50 residential units on approximately 10.47-acre land, would not result in any new environmental impacts beyond those already assessed in the previously adopted Mitigated Negative Declaration. No further environmental review is required. NOTIFICATION: Since this hearing was continued to a date certain, a new public hearing notice was not advertised or mailed to property owners within 400 feet radius of the subject property. Staff has met with some members of the adjacent communities seeking for clarifications of the project. Edward Robertson Principal Planner Attachments: M12, rgoMlfeeler, AICP Director of Planning Services 1. Vicinity Map 2. Draft Resolutions and Conditions of Approval 3. Planning Commission Minutes from the meeting of 10.23.13 4. Letter from an adjacent property owner dated October 30, 2013 5. Adopted Initial Study MND from 2007 6. New 11 "X17" Booklet containing reduced site plans and elevations Department of Planning Services '+E 0 N Vicinity Map S i RX" i.30. 8*323i Owl! 4F :Legend Project Site 400 Radius Surrounding Parcels I CITY OF PALM SPRINGS I CASE NO: 5.1132 PD-333 AIVIND TTIVI 35236 I APPLICANT: Praetor Investment, LLC DESCRIPTION: Amendment to an approved Planned Development for hotel and residential use by Praetor Investment, LLC, located at the northeast corner of Amado Road and Calle Alvarado, Zone PD 333, Section 14, (IL). N IN RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, FINDS THE PREVIOUSLY ADOPTED MITIGATED NEGATIVE DECLARATION NO. 200700845 AS SUFFICIENT ENVIRONMENTAL DOCUMENT, AND HEREBY APPROVES A PROPOSAL TO AMEND PLANNED DEVELOPMENT DISTRICT 333, AND TENTATIVE PARCEL MAP 35236, BY PRAETOR INVESTMENT, LLC, TO DEVELOP A PROPOSED 200-ROOM HOTEL, 50 HIGH -END RESIDENTIAL UNITS AND A PARKING STRUCTURE ON APPROXIMATELY 10.7 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD WHEREAS, the Praetor Investments, LLC, (the "Applicant") has filed an application with the City to amend the previously approved Planned Development District 333 and Tentative Parcel Map 35236 pursuant to the provisions of Section 94.02.00 (B) of the Palm Springs Zoning Code; and WHEREAS, the City Council of the City of Palm Springs originally approved Planned Development District 333 (PDD 333), on July 18, 2007, for a 200-room hotel and 143- unit condominium units: and WHEREAS, on April 22, 2013, the proposed amendment to PDD 333, was reviewed by the Architectural Advisory Committee (AAC), and recommended approval to the Planning Commission with a unanimous vote; and WHEREAS, on June 12, 2013, a public hearing on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, on October 2, 2013, the City Council directed staff to re -notice the proposal for a public hearing by the Planning Commission, and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration has been previously prepared for this project and was distributed for public review and comment in accordance with CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider a proposed amendment of Planned Development District 333 and Tentative Parcel Map 35236, was given in accordance with applicable law; and Resolution No. 5.1132-PD 333 AMND Page 2 November 13, 2013 WHEREAS, on October 23, 2013, a public hearing on the application was held by the Planning Commission in accordance with applicable law; and (D WHEREAS, on November 13, 2013, a public hearing on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION FINDS AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been previously completed for this proposed project under the provisions of the California Environmental Quality Act (CEQA). A determination was made that the overall project had the potential for significant impacts, but that the impacts would not be significant in this case because project modifications and mitigation measures incorporated into the Initial Study reduce impacts to less than significant levels. Pursuant to Section 15162 of the California Environmental Act (CEQA), the preparation of further environmental assessment for the proposed amendment is not necessary since the circumstances of the project have not changed or intensified. The present amendment could not therefore, result in any new environmental impacts beyond those already assessed in the adopted Mitigated Negative Declaration (MND No. 200700845). Section 2: Pursuant to Section 94.03.00 of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development amendment is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed amendment to Planned Development District 333 is consistent with the General Plan, which includes policies specifically relating to the expansion of the City's tourism base. The project is also consistent with the Section 14 Master Plan, as amended, which represents the General Plan and Zoning for the property on which the project is located. Resolution No 5.1132-PD 333 AMND Page 3 November 13, 2013 b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project, as planned, designed and conditioned, is consistent with the Section 14 Master Plan and the City of Palm Springs vision of the area for the future. The site is physically suitable and appropriate for the proposed project given its close proximity to the Convention Center and the downtown area. The location provides sufficient access points for all uses proposed. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The Amended Planned Development District modifies development of the project while maintaining the original development envisioned for the site; upon completion of the project, the development will still reflect a manner that is conducive with the urban development sought for in the area. The project adds to the Section 14 Master Plan facilities which are complementary to the Convention Center and the nearby downtown area. Section 3: NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the Planning Commission approves the proposed amendment to Planned Development District 333 and recommends approval of modified Tentative Parcel Map 35236 to the City Council, for the development of a 200-room hotel, 50 high - end residential units and a parking structure on an approximately 10.47 acres of vacant lands located at the northwest comer of Avenida Caballeros and Amado Road subject to the Conditions of Approval attached hereto as Exhibit A. ADOPTED THIS 13t" day of November 2013. CITY OF PALM SPRINGS, CALIFORNIA ATTEST: M. Margo Wheeler, AICP Director of Planning Services EXHIBIT A Case No. 5.1132 — PD 333 AMND & Tentative Parcel Map 35236 Praetor Investments, LLC Northwest corner of Avenida Caballeros and Amado Road (Dolce Palm Springs Hotel) CONDITIONS OF APPROVAL November 13, 2013 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1132-PD-333 AMND and Tentative Tract Map 35236. 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. Conditions of Approval Page 2 Case No. 5.1132-PD 333 AMND November 13, 2013 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. 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 or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public 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. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment 6. The mitigation measures of the Initial Study shall apply to the proposed project. Mitigation measures are included in the Initial Study, and hereby incorporated into these conditions by reference. 7. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is Conditions of ApprovaI Page 3 Case No. 5.1132-PD 333 AMND November 13, 2013 supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. CC&R's 9. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Final Design 11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 12. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of the hillside is permitted. General Conditions/Code Requirements 13. 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. (D Conditions of Approval Page 4 Case No. 5.1132-PD 333 AMND November 13, 2013 14. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 15. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 16. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 17. All materials on the flat portions of the roofs shall be earth tone in color, unless landscaped. 18. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 19. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 20. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 21. 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. 22. The street address numbering/lettering shall not exceed eight inches in height 23. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 24. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened or located in the interior of the building. Conditions of Approval Case No. 5.1132-PD 333 AMND Page 5 November 13, 2013 25. Parking for the hotel shall be valet -only. Such a requirement shall be recorded concurrent with the recordation of the Final Map on lots 1 and 2 as depicted on Tentative Tract Map 35236. 26. Parking for condominium guests shall meet Zoning Ordinance requirements. The parking, if gated, shall include an intercom system to the units, and adequate tum-around area for guests unable to contact the resident they are seeking. 27. Avenida Caballeros shall have minimum 8' sidewalks with shade trees on private property pursuant to Fig. 5-7 in Section 14 Specific Plan. (Added by PC on 6.12.13) 28. Amado Road shalt have a minimum 5' sidewalk, 4' parkway and shade trees spacing out 30' or less per Section Specific Plan. (Added by PC on 6.12.13) 29. On Amado Road and Avenida Caballeros, the planting materials along the street frontages shall be pursuant to Tables 5-5 and 5-6 of Section 14 Specific Plan. (Added by PC on 6.12.13) 30. Streetscape furniture shall be provided along Avenida Caballeros subject to the approval of Director of Public Works pursuant to Section 14 Specific Plan. (Added by PC on 6.12.13) 31. Crosswalks at Avenida Caballeros and Calle Alvarado shall meet paving requirements of Section 14 Specific Plan. (Added by PC on 6.12.13) 0 Engineering Department 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 plans shall be approved by the City Engineer prior to issuance of any building permits. ENG 3. Master planned roadways (Avenida Caballeros, Amado Road, and Calle Alvarado) shall be improved to the Final Section 14 Master Development Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein, or to alternative design standards proposed by the applicant and approved by the City. AVENIDA CABALLEROS ENG 4. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. 0 Conditions of Approval Page 6 Case No. 5.1132-PD 333 AMND November 13, 2013 ENG 5. Remove the existing street improvements as necessary to construct a minimum 24 feet wide driveway approach located approximately 160 feet north of the centerline of Amado Road. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205. ENG 6. Construct a Type A curb ramp meeting current California State Accessibility standards on either side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on -site to construct a path of travel meeting ADA guidelines. ENG 7. Avenida Caballeros street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a landscaped private setback of variable width and an 8 feet wide pedestrian sidewalk with double palm trees planted approximately 60 feet apart. The specific street improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. ENG 8. All broken or off grade street improvements along the project frontage shall be repaired or replaced. AMADO ROAD ENG 9. Dedicate additional right-of-way of 15 feet to provide the ultimate half street right-of- way width of 40 feet along the entire frontage, together with a property line - comer cut -back at the northwest corner of the intersection of Amado Road and Avenida Caballeros, and at the northeast comer of the intersection of Amado Road and Calle Alvarado, in accordance with City of Palm Springs Standard Drawing No. 105. ENG 10. Dedicate additional right-of-way concentric with the back of the proposed vehicle turn- out bay, with the back of right -of --way located at the back of sidewalk. ENG 11. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. ENG 12. Remove the existing street improvements as necessary to construct the proposed driveway approach to and from the proposed tum-out bay at a minimum of 24 feet wide in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 270 feet east of the centerline of Calle Alvarado. Access limitations, configuration, width, and location of the driveway approach to and from the proposed turn -out bay are subject to further evaluation by the City Engineer. Conditions of Approval Page 7 Cast Nv. 5.1132-PD 333 AMND November 13, 2013 ENG 13. Construct a Type A curb ramp meeting current California State Accessibility standards on either side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on -site to construct a path of travel meeting ADA guidelines. ENG 14. Construct the proposed vehicle turn -out bay in accordance with applicable City standards. The vehicle tum-out bay shall be a minimum of 12 feet wide where there is no parallel parking allowed and a minimum of 20 feet wide when there is one traffic lane with parallel parking on the north side of the turn -out. The vehicle turn -out bay shall be constructed with new curb, gutter, and sidewalk to match existing improvements, in accordance with applicable City standards. ENG 15. Amado Road street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a 4 feet wide landscaped parkway that includes shade trees in an informal pattern at a spacing of 30 feet or less and a 4 feet wide pedestrian sidewalk. The specific street improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. ENG 16. All broken or off grade street improvements along the project frontage shall be repaired or replaced. CALLE ALVARADO ENG 17. Dedicate additional right-of-way concentric with the back of the existing vehicle tum- out bay, with the back of right-of-way located at the back of sidewalk. ENG 18. Remove the existing driveway approaches as necessary and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. ENG 19. Remove the existing street improvements as necessary to construct two minimum 24 feet wide driveway approaches located approximately 415 feet north and 960 feet north of the centerline of Amado Road, respectively. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205. Note that the most southern driveway is shown as being only 20 feet wide on the current site plan. ENG 20. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approaches in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of Conditions of Approval Page 8 Case No. 5.1132-PD 333 AMND November 13, 2013 travel, meeting ADA guidelines, is provided across the driveways, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on -site to construct a path of travel meeting ADA guidelines. ENG 21. Construct an 8 feet wide sidewalk behind the curb along the entire frontage (where not already existing) in accordance with City of Palm Springs Standard Drawing No. 210. ENG 22. Calle Alvarado street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a 5 feet wide landscaped parkway and a 5 feet wide pedestrian sidewalk. The specific street improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. ENG 23. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON -SITE ENG 24. A reciprocal access easement shall be reserved on the Final Map or shall be done by separate instrument prepared in a form acceptable to the City Engineer providing unlimited and unrestricted access across all of the lots for access through the on -site private street. The reciprocal access easement shall be executed by the appropriate parties prior to issuance of a building permit, and shall be recorded, and copy of same provided to the City Engineer, prior to issuance of a certificate of occupancy. ENG 25. The applicant shall provide a copy of an executed and recorded reciprocal parking agreement for all lots, prior to approval of a grading plan. ENG 26. The on -site private street shall have a minimum travel way width of 24 feet, and shall be constructed with standard 6 inch curb and gutter, a wedge curb, or other approved curbs along both sides of the street, as necessary to accept and convey on -site stormwater runoff to the on -site drainage system, in accordance with applicable City standards. Note that one-way sections of the roadway (including ramps) shall be a minimum of 16 feet wide. ENG 27. The on -site private street shall have a minimum centerline radius of 50 feet. ENG 28. The on -site private street and service loading dock intersection shall be subject to further evaluation by the City Engineer. Detailed analysis shall be provided in final design to demonstrate that sufficient maneuvering area is provided for delivery trucks accessing the loading dock. ENG 29. The minimum pavement section for all on -site pavement shall be 2Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum Conditions of Approval Page 9 Case No. 5.1132-PD 333 AMND November 13.2013 subgrade of 24 inches at 95% relative compaction, or equal. 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. ENG 30. Parking shall be restricted along the two-way drive aisle as necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the drive aisle as necessary to enforce parking restrictions. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. ENG 31. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. SANITARY SEWER ENG 32. All sanitary facilities shall be connected to the public sewer system via the on -site private sewer system. Existing sewer service laterals to the property may be used for new sanitary facilities. New laterals shall not be connected at manholes. ENG 33. All on -site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on -site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. ENG 34. The project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $696.00 per acre. The fee shall be paid prior to, or concurrently with issuance of building permits. GRADING ENG 35. Submit a Precise Grading & Paving Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading & Paving 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 Conditions of Approval Page 10 Case No. 5.1132-PD 333 AMND November 13, 2013 contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at 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 Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study/Report; and a copy of the project -specific Final Water Quality Management Plan. ENG 36. 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 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 37. 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; 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 38. 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 39. 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. Conditions of Approval Case No. 5.1132-PD 333 AMND Page 11 November 13, 2013 ENG 40. Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP. ENG 41. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. ENG 42. 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 43. This project requires the 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. Where applicable, the approved final project -specific Water Quality Management Plan shall be incorporated by reference or attached to the 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 44. 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 45. 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 46. The applicant shall provide all necessary geotechnical/soils 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. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 47. 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 48. 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 Conditions of Approval Page 12 Case No. 5.1132-PD 333 AMND November 13, 2013 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). WATER QUALITY MANAGEMENT PLAN ENG 49. 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&Rs) required for the development. ENG 50. A Final Project -Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property or public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 51. 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&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project - Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to the issuance of any grading or building permits. Conditions of Approval Page 13 Case No. 5.1132-PD 333 AMND November 13, 2013 ENG 52. Prior to issuance of certificate of occupancy or final City approvals, 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 ENG 53. 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 hydrology study 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. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. 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 54. Submit storm drain improvement plans for all on -site storm drainage system facilities for review and approval by the City Engineer. ENG 55. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on -site private street and underground parking garages into the on -site underground retention system, as described in the Preliminary Drainage Study for Tentative Tract Map No. 35236, prepared by Fomotor Engineering, dated December 2006. The hydrology study for Tentative Tract Map 35236 shall be amended to include catch basin sizing, storm drain pipe sizing, and underground retention system sizing calculations and other specifications for construction of required on -site storm drainage improvements. ENG 56. All on -site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on -site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&Rs) required for this project. C Conditions of Approval Page 14 Case No. 5.1132-PD 333 AMND November 13, 2013 ENG 57. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 58. 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. ENG 59. All proposed utility lines shall be installed underground. ENG 60. All existing utilities shall be shown on the improvement plans for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 61. 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 by the City Engineer. ENG 62. 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 63. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. Conditions of Approv-3l Case No. 5.1132-PD 333 AMND Page 15 November 13, 2013 ENG 64. 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. MAP ENG 65. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. ENG 66. A copy of draft Covenants, Conditions and Restrictions (CC&Rs) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&Rs shall be approved by the City Attorney prior to approval of the Final Map, or in the absence of a Final Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG 67. Upon approval of a final map, the final map shall be provided to the City in G.I.S. n digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights -of - way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC ENG 68. As determined by the Westin Hotel and Residences Traffic Impact Study prepared by Endo Engineering (as revised March 5, 2007), the following mitigation measures will be required: a) Pay a fair share contribution determined as 6.71% (or $11,742.50) for the future installation of a traffic signal, as well as the striping of a northbound, souhbound, westbound, and eastbound left -turn lane at the intersection of Calle El Segundo and Amado Road. The applicant shall pay the fair share contribution prior to approval of a final map. Conditions of Approval Page 16 Case No. 5.1132-PD 333 AMND November 13, 2013 b) Pay a fair share contribution determined as 13.91 % (or $20,865) for the future installation of a traffic signal at the intersection of Avenida Caballeros and Amado Road. The applicant shall pay the fair share contribution prior to approval of a final map. c) Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at all project egress points, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. d) A clear unobstructed sight distance shall be provided at all project access points; a clear sight triangle inside the property measuring 8 feet by 8 feet shall be provided at each access driveway, with screening fences or landscaping restricted to maintain the require sight distance. ENG 69. Submit traffic striping plans for Amado Road, 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 70. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Avenida Caballeros, Amado Road, and Calle Alvarado frontages of the subject property. ENG 71. 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 72. 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 73. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Conditions of Approval Page 17 Police Department Case No. 5.1132-PD 333 AMND November 13, 2013 Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department Prior to any construction on -site, all appropriate permits must be secured. Fire Department Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 2. Public Safety CFD: The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. 3. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 4. Radio Communications: Must install an in -building Public Safety Radio Communications Coverage System composed of a radiating cable system or an internal multiple antenna system with FCC -certified bi- directional 800 MHz and 150 MHz (as required to meet the two indicated 150 MHz frequencies) amplifier(s), distribution system, and subcomponents shall be required for all buildings in excess of three stories, or has subterranean floors, or subterranean parking. This system must meet the City of Palm Springs Public Safety Radio System Coverage Specifications. Conditions of Approval Page 18 Case No. 5.1132-PD 333 AMND November 13. 2013 5. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 6. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 7. Audible water flow alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 8. Fire Hydrant & FDC Location: A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases.\ 9. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. 10. Location of Fire Department Connections: The connection inlets must face the street, and be located on the street side of the building. The face of the inlets shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. The address of the building Department Connection (FDC). near the FDC. The sign shall and attachment shall be made background will be bright red. substantially as follows: F. D. C. SERVES 425 S. SUNRISE WAY ALL BLDGS. IN COMPLEX served shall be clearly indicated on the Fire A sign with this information shall be placed on or be constructed of metal. The sign face, lettering, of weather and vandal resistant materials. Sign Letters will be bright white. Sign format will be 11. Valve and water -flow monitoring: All valves controlling the fire sprinkler system water supply, and all water -flow switches, shall be electrically monitored where the number of sprinklers is one hundred or more. (Twenty or more in Group I, Conditions of Approval Page 19 Case No. 5.1132-PD 333 AMND November 13, 2013 Divisions 1.1 and 1.2 occupancies.) 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. (1003.3.1 CFC) 12. Trash Container Protection: If trash container space is within 5 feet of a building wall provide information on the type and size of trash container to be stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then the container must be protected by an approved automatic fire sprinkler. (1103.2.2 CFC) 13. Class 1 Standplpe: A Class 1 Standpipe system is required and shall be installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9, Std. 9-2 and Sec. 903. Standpipes will be required at every level in the stairwells. 14. Residential Smoke Detector Installation With Fire Sprinklers: Provide Residential Smoke Detectors (FIREX # 0498 accessory module connected to multi -station FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch). Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 0 15. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Minimum Access Road Dimensions: Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 16. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. CFC 902.2.1 Applicant must add required access routes to the existing plans to meet code requirements and submit changes to the fire department for approval. 17. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. 0 Conditions of Approval Page 20 Case No. 5.1132-PD 333 AMND November 13, 2013 18. Turn -Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 19. Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC) 20. Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 21. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 22. Vertical Clearance for Underground Parking: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 8 feet 6 inches. (902.2.2.1 CFC) 23. Secondary Access: A secondary access shall be provided for all developments with 25 or more dwelling units. (Appendix 111-D 2.1 CFC) 24. Mid Rise/High Rise: High-rise and mid -rise buildings shall be accessible on a minimum of two sides. Roadways shall not be less than 10 feet (3048 mm) or more than 35 feet (10 668 mm) from the building. Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for fire fighting and rescue operations. 25. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location no more than 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 26. Water Supply: The water supply and locationls of fire hydrants must be approved prior to any work being performed on the job site. (903.1 CFC) 27. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final Conditions of Approval Page 21 Case No. 5.1132-PD 333 AMND November 13, 2013 approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 241995 edition) 28. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC Cap, or Decal approved for use by the City of Palm Springs Fire Department. 29. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 30. Underground Parking: A Class III Standpipe system is required and shall be installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9, Std. 9-2 and Sec. 903. Hose will not be required. 31. Turn -Around Requirements for Subterranean/Ground Parking: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) 32. Elevator Stretcher Requirement: Elevator(s) shall be designed to accommodate medical emergency service. The elevator(s) so designed shall accommodate the loading and transport of an ambulance gumey or stretcher 24 inches by 76 inches in the horizontal position. The elevator entrance shall have a clear opening of not less than 42 inches wide or less than 78 inches high. The elevator car shall be provided with a minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches, and a minimum distance from wall to return panel not less than 51 inches with a 42 inch side slide door. (3003.5a CBC) 33. Commercial Cooking Hood & Duct Systems shall meet all CFC, NFPA and CMC requirements. 34. Hood & Duct Fire Protection System Plan Review Procedure: Plans must be submitted directly to a Fire Department approved engineer for review and recommendation of approval. The contractor should submit fire extinguishing system plans as soon as possible. Submittal shall include manufacturer's data/cut sheets and listings with expiration dates on all equipment and materials used. 35. Fire Suppression Systems Testing: The hood and duct fire extinguishing system shall be function tested prior to final acceptance. Call the fire prevention secretary at 760-323-8186 for an inspection appointment. Construction Requirements: Condltions of Approval Page 22 Case No. 5.1132-13D 333 AMND November 13, 2013 36. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC). 37. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) Gates 38. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 39. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). END OF CONDITIONS Planning Commission Minutes October 23, 2013 2C. PRAETOR INVESTMENT LLC, FOR AN AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT 333 AND TENTATIVE PARCEL MAP 36236 FOR THE DEVELOPMENT OF A 200-ROOM HOTEL, 50 RESIDENTIAL UNITS AND A PARKING STRUCTURE LOCATED AT THE NORTHWEST CORNER OF AVENIDA CABALLEROS AND AMADO ROAD, ZONE PD 333, SECTION 14. (CASE S.1132 PD-333 AMND). (ER) Principal Planner Robertson presented the proposed on the prior entitlements of the project. Commissioner Roberts disclosed that he met walked the property site. Commissioner Weremiuk disclosed a declined a site visit with an adjacent ne Commissioner Lowe disclosed that he met Commissioner Calerdine discloselffi@Rlb&ed the Vice -Chair Hudson disclosed he waIRMthd Chair Donenfeld Powell, and disc Chair The she ment and provided details the adjacent neighbors and the applicant and LAURIENWY, represeRea PrM Investments LLC, presented the current project using com simulation s. Me provided an overview of ingress and egress, walkways, vie rridors, restaurant pad, new circulation diagrams, the annex building, parking sun st s. 91119M.GARY CARLSON, re Alejo Vista (adjacent to the northeast corner of the site) commented on the bea of the hotel and is pleased to see the view of a two-story residential instead of the five -story previously approved project. JIM BAYNER, resides at the Deauville Complex, commented on the tremendous impact the hotel will bring to the community and neighborhood. RUDOLFO CASTILLO, spoke about the favorable economic impact the Dolce Hotel will bring to the City and will offer have many jobs to the community and indicated that views are not owned by the neighbors. &I 101 1