HomeMy WebLinkAboutPC Resolution _6392- Case 5.1135PDD 334RESOLUTION NO. 6392
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF PALM
SPRINGS, CALIFORNIA APPROVING A ONE-
YEAR TIME EXTENSION FOR CASE 5.1135,
PLANNED DEVELOPMENT DISTRICT 334 FROM
MARCH 19, 2014 TO MARCH 18, 2015; A
PREVIOUSLY APPROVED 184-UNIT
CONDOMINIUM RETIREMENT COMMUNITY ON
AN APPROXIMATELY 13.28-ACRE SITE AND
AFFIRMING A PREVIOUSLY APPROVED
MITIGATED NEGATIVE DECLARATION
LOCATED AT THE SOUTHWEST CORNER OF
EAST PALM CANYON DRIVE AND MATTHEW
DRIVE, ZONE PDD334, SECTION 30, APN 681-
170-038 & -039
WHEREAS, Martec Investments L.P. ("Applicant") has filed an application with
the City pursuant to Section 94.04.00(H) and 94.04.00(1)(1) of the Palm Springs
Zoning Code and Chapter 9.63.110 of the Palm Springs Municipal Code for a
one-year time extension to commence construction for PD 334 located at
southwest corner of East Palm Canyon Drive and Matthew Drive.
WHEREAS, on April 9, 2014, a public meeting on the application was held by
the Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Department has reviewed this project under the
provisions of the California Environmental Quality Act (CEQA), and has
determined that a time extension request is considered a "project" pursuant to
the terms of the California Environmental Quality Act (CEQA). A Final
Mitigated Negative Declaration was previously adopted by the City Council on
March 19, 2008 for the project. Pursuant to Section 15162 of the California
Environmental Quality Act (CEQA) Guidelines, 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 time extension request would not result in any new environmental impacts
beyond those already assessed in the approved Mitigated Negative
Declaration.
WHEREAS, the Planning Commission has carefully reviewed and considered
all of the evidence presented in connection with the hearing on the project,
including, but not limited to, the staff report, and all written and oral testimony
presented.
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Planning Commission Resolution No. 6392
Case No. 5.1135-PD 334
April 9, 2014
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the
Planning Commission hereby approves a one-year time extension for PD 334
from March 19, 2014 to March 18, 2015.
ADOPTED this 9th day of April 2014.
AYES: 5, Commissioner Calerdine, Commissioner Klatchko,
Commissioner Lowe, Commissioner Weremiuk and Vice -Chair
Hudson
NOES: None
ABSENT: 2, Commissioner Roberts and Chair Donenfeld
ABSTAIN: None
ATTEST: I CITY OF PALM SPRINGS, CALIFORNIA
-Margo Vvheeler, AICP'
Director of Planning Services
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EXHIBIT A
Case 5.1135 PD334
Case TTM 35623
Southwest Corner of East Palm Canyon Drive and Matthew Drive
REVISED CONDITIONS OF APPROVAL
April 9, 2014
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.
PLANNING:
ADMINISTRATION
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. 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 5.1135 PD334 and Case TTM 35623. 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.
2. An adverse judgment or failure to appeal shall not cause a waiver of the
indemnification rights herein.
Revised Conditions of Approval April 9, 2014
Case 5.1135 PD334, TTM 35623 Page 2 of 41
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation
sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls,
and fences between the curb and property line, including sidewalk or bikeway
easement areas that extend onto private property, in a first class condition, free
from waste and debris, and in accordance with ail 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. Pursuant to Fish and Game Code Section 711.4 a filing fee of $1,864.00 is
required. This project has a de minimus impact on fish and wildlife, and a
Certificate of Fee Exemption shall be completed by the City and two copies
filed with the County Clerk. This application shall not be final until such fee is
paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a
money order or cashier's check payable to Riverside County.
5. The developer shall dedicate land or pay a fee in lieu of a dedication, at the
option of the City. The in -lieu fee shall be computed pursuant to Ordinance No.
1632, Section IV, by multiplying the area of park to be dedicated by the fair
market value of the land being developed plus the cost to acquire and improve
the property plus the fair share contribution, less any credit give by the City, as
may be reasonably determined by the City based upon the formula contained
in Ordinance No. 1632. In accordance with the Ordinance, the following areas
or features shall not be eligible for private park credit: golf courses, yards,
court areas, setbacks, development edges, slopes hillside areas (unless the
area includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community -wide system
and shown on the City's master plan).
6. 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 C. Section 53311 et esq, 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.
Revised Conditions of Approval
Case 5.1135 PD334, TTM 35623
April 9, 2014
Page 3 of 41
7. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an
in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total
building permit valuation as calculated pursuant to the valuation table in the
Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for
residential projects with first $100,000 of total building permit valuation for
individual single-family units exempt. Should the public art be located on the
project site, said location shall be reviewed and approved by the Director of
Planning and Zoning and the Public Arts Commission, and the property owner
shall enter into a recorded agreement to maintain the art work and protect the
public rights of access and viewing.
ENVIRONMENTAL ASSESSMENT
8. The mitigation measures of the environmental assessment shall apply. The
applicant shall submit a signed agreement that the mitigation measures
outlined as part of the negative declaration or EIR will be included in the plans
prior to Planning Commission consideration of the environmental assessment.
Mitigation measures are as follows:
MM III-1 The City's Fugitive Dust Control Ordinance (Chapter 8.5 of the
Municipal Code) requires a Dust Control plan which shall be
submitted to the City Engineer for approval and which shall
include but not be limited to the following:
A. Adequate watering techniques shall be employed to partially
mitigate the impact of construction generated dust
particulates. Portions of the project site that are undergoing
earth moving operations shall be watered such that a crust
will be formed on the ground surface and then watered
again at the end of the day.
B. The wheels and the lower portions of transport trucks shall
be sprayed with water before they leave the construction
area.
C. Any vegetative ground cover to be utilized on -site shall be
planted as soon as possible to reduce the amount of open
space subject to wind erosion. Irrigation systems needed to
water these plants shall be installed as soon as possible to
maintain the ground cover and minimize blowsand.
D. Grading activity shall be suspended when local winds
exceed 25 miles per hour and during the first and second
smog alerts.
Revised Conditions of Approval April 9, 2014
Case 5.1135 PD334, TTM 35623 Page 4 of 41
E. Construction access roads shall be paved as soon as
possible and cleaned after each workday.
F. All trucks hauling dirt, sand, soil, or other loose dirt material
shall be covered or have 2 feet of freeboard.
G. A short-term stabilization plan shall be included in the plan
for after hours and weekends. The applicant shall forward
the plan to the Southern California Air Quality Management
District (SCAQMD) after approval.
MM I11-2 The project proponent shall notify the City and SCAQMD 24
hours prior to the initiation of earth moving activities.
MM III-3 The City shall notify the SCAQMD within 10 days of the
completion of earth moving activities.
MM III-4 Construction signage in conformance with City standards shall be
posted on the Southwest corner of East Palm Canyon Drive and
Matthew Drive regarding the reporting of blowing dust on the site.
(Modified by City Council on 03.19.08)
MM III-5 Earth moving operations shall include a water application system
while earth moving is active.
MM III-6 Construction equipment shall be properly maintained and
serviced to minimize exhaust emissions.
MM-111-7 Any construction access roads shall be paved and cleaned after
each work day. The maximum vehicle speed on any unpaved
road surfaces shall be limited to 15 mph. Maximum speed limited
shall be conspicuously posted on unpaved roads.
MM-III-8 Paving activities and use of equipment for construction of
buildings shall not be used concurrently.
MM 111-9 Where feasible, low emission building materials such as pre -
primed and sanded wood molding and trim products and pre -
primed wallboard shall be considered for construction materials.
Plans submitted for building permits shall indicate where such
materials will be utilized.
MM III-10 Building construction on -site shall comply with the energy use
guidelines in Title 24 of the California Administrative Code.
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Revised Conditions of Approval April 9, 2014
Case 5.1135 PD334, TTM 35623 Page 5 of 41
MM III-11 As a condition of approval, the project proponent shall comply
with City requirements regarding the master planned bikeway on
East Palm Canyon abutting the site.
MM III-12 Adjacent streets shall be swept if silt is carried over to adjacent
public thoroughfares from the project site.
MM 111-13 Construction operations affecting off -site roadways shall be
scheduled for off-peak traffic hours.
MM IV-1 Do not plant wildlife -poisoning oleander plants within the project
boundaries.
MM IV-2 Direct all project lighting downward so that it does not interfere
with the nocturnal activities of animals living within the adjacent
Santa Rosa Mountains.
MM IV-3 Prior to issuance of building permits, the applicant shall pay the
most current Valley Floor Conservation Area mitigation fee to the
Agua Caliente Band of Cahuilla Indians.
MM V-1 If buried cultural materials are discovered during any earth -
moving operations associated with the project, all work in the
area should be halted or diverted until a qualified archaeologist
can evaluate the nature and significance of the finds.
MM V-2 A(n) Approved Cultural Resource Monitor(s) as indicated by the
Agua Caliente Tribal Historic Preservation Office shall be present
during any survey and/or ground disturbing activities.
MM V-3 Should cultural resources be encountered during site
construction in any portion of the site, work shall immediately
cease and a qualified archaeologist shal, be contacted to
evaluate the significance of the materials. Any significant findings
shall be documented and presented to the State Historic
Preservation Office (SHPO), Bureau of Indian Affairs (BIA), the
Agua Caliente Band of Cahuilla Indians and the City, and shall be
resolved to their satisfaction.
MM V-4 Copies of any cultural resources documentation generated in
connection with this project shall be given to the Agua Caliente
Band of Cahuilla Indians for inclusion into the Agua Caliente
Cultural Register.
MM VI-1 Recompaction of native soils shall occur in all building areas.
Revised Conditions of Approval April 9, 2014
Case 5.1135 PD334, TTM 35623 Page 6 of 41 10
MM VI-2 Existing surface soils shall be over -excavated to a minimum 4
feet below existing grade or a minimum of 3 feet below the
footing level (whichever is lower).
MM VI-3 Existing surface soils shall be over -excavated to a minimum 5
feet beyond exterior footings.
MM VI-4 The bottom of all sub -excavation areas shall be scarified,
moisture conditioned and recompacted to at least 90% relative
compaction (ASTM 1557) for an additional of 1 foot.
MM VI-5 Basement foundation areas shall be over -excavated to a
minimum of 2 feet below the footing level.
MM VI-6 The lateral extent of the basement sub -grade preparation shall
extend for a minimum of 2 feet beyond the outer edge of
exterior footing.
MM VI-7 Native soil utilized as engineered fill shall be free of deleterious
and organic matter and free of rocks larger than 6 inches.
MM VI-8 Imported fill materials shall be non -expansive, granular soils
meeting USCS classifications SM, SP-SM or SW-SM with a
maximum rock size of 3 inches and 5 to 35% passing the No. 200
sieve.
MM VI-9 The Soil Engineer shall be contacted 48 hours in advance of
importing soil to allow for evaluation of imported materials.
Approval by the Soil Engineer will be based upon material
delivered to the site and not the preliminary evaluation of import
sources.
MM VII-1 The hydrocarbon -contaminated material shall be remcved from
the site and disposed of from the site at a licensed waste
handling facility. A copy of the appropriate disposal receipt shall
be provided to the Planning Services Department of the City.
MM VIII-1 Prior to approval of a grading plan, the project proponent shall
submit to the City Engineer for review and approval a hydrology
study determining the volume of increased stormwater runoff due
to development of the site, and determining required stormwater
runoff mitigation measures for the proposed development.
Appropriate measures (on -site stoma drainage improvements and
on -site retention system) shall be included in the design of the
site as required by the City Engineer.
Revised Conditions of Approval
Case 5.1135 PD334,1TM 35623
April 9, 2014
Page 7 of 41
MM VIII-2 (Alternative 1) The project proponent shall enter into a
Developer Agreement with the City and Riverside County Flood
Control District, in an amount representing a fair share
percentage of the construction cost of the Line 41 system, as
approved by the City Engineer. Approval by the City Engineer
of grading and improvement plans of the project site and
issuance of building permits and certificates of occupancy,
facilitating development within the 100-year SFHA floodplain,
shall occur in accordance with the provisions of a Developer
Agreement.
(Alternative 2) The project proponent shall delay development of
the project site until such time that an alternative Line 41 system
is constructed by the Riverside County Flood Control District, or
shall design and construct portions of an alternative Line 41
system upstream and downstream of the project site as required
by the City Engineer. Prior to approval of a grading plan and
construction of improvements located within the 100-year SFHA
floodplain, the project proponent shall obtain a Conditional
Letter of Map Revision (CLOMR) from the Federal Emergency
Management Agency (FEMA). Prior to issuance of Certificate of
Occupancy, the project proponent shall obtain a Letter of Map
Revision (LOMR) from FEMA.
MM XI-1 A 5 foot 6 inch sound barrier shall be constructed to protect
residents within Buildings 1, 1A, 4 and 4A from excessive exterior
noise emitting from East Palm Canyon Drive. Noise barriers may
be constructed around the perimeter of the property or in
conjunction with individual units.
MM XI- 2 All barriers shall be solid from top -to -bottom. The following
materials may be used for the construction of this barrier:
■ Wood Studs with Stucco Exterior
■ 318 inch plate glass
■ 518 inch Plexiglass
■ Any Masonry Material
The preceding materials may be used in any combination. Other
materials may be used that are rated 3.5 pounds per square foot
surface weight or greater. Barrier construction and materials
used shall be in conformance with all applicable local laws and
Revised Conditions of Approval
Case 5.1135 PD334, TTM 35623
April 9, 2014
Page 8 of 41
development standards and are subject to the approval of the
City Planning Commission.
MM XI-3 Prior to issuance of building permits, an interior noise analysis will
be required for development along East Palm Canyon Drive.
MM XI-4 Construction activities shall be limited to between 7:00 a.m. and
8:00 p.m., as specified by the Palm Springs Noise Ordinance
(11.74.041), to reduce noise impacts during more sensitive time
periods.
MM XI-5 All perimeter walls and barriers shall be installed immediately
following precise grading of the site, if not sooner.
MM XI-6 All construction equipment, fixed or mobile, shall be equipped
with properly operating and maintained mufflers and the engines
shall be equipped with shrouds.
MM XI-7 All construction equipment shall be in proper working order and
maintained in a proper state of tune to reduce backfires.
MM XI-8 Stockpiling and vehicle staging areas shall be located in the
northeastern portion of the property, as far away from existing
residential units as possible.
MM XI-9 Parking, refueling and servicing operations for all heavy
equipment and on -site construction vehicles shall be located in
the northeastern portion of the property, as far away from existing
residential units as possible.
MM XI-10 Stationary equipment shall be placed such that emitted noise is
directed away from noise sensitive receptors.
MM XV-1 The project developer/applicant shall dedicate public rights -of -
way in accordance with the City of Palm Springs General Plan for
adjacent General Plan roadways as follows:
East Palm Canyon Drive: Ten feet of right-of-way must be
dedicated to provide a 50-foot wide half -street right-of-way
required by the General Plan. Additional right-of-way must be
dedicated to accommodate the additional eastbound left -turn
lane. In conjunction with the project, the south face of curb shall
be relocated along East Palm Canyon Drive to facilitate the
additional eastbound left -turn lane. A 12-foot wide colored
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Revised Conditions of Approval April 9, 2014
Case 5.1135 PD334, TTM 35623 Page 9 of 41
concrete combination sidewalk/bicycle path shall be constructed
behind the curb;
Matthew Drive: vacate eleven feet to provide the 33-foot half
street right-of-way required by the General Plan; and
Linden Way Drive: 19 feet can be vacated to provide the 25-foot
half street right-of-way required by the General Plan.
MM XV-2 All required off -site public and on -site private streets shall be
designed in accordance with City of Palm Springs design
standards, as required by the City Engineer.
MM XV-3 The project developer/applicant shall submit street improvements
plans for construction of required streets, to the Palm Springs
City Engineer for review and approval.
MM XV-4 The project developer/applicant shall be responsible for 100
percent of the cost for construction of public street improvements
(consisting of pavement widening, curb and gutter, sidewalks,
and landscaped median island) which shall be constructed in
conjunction with approved phasing plans for development and/or
associated with an approved Final Map as follows:
East Palm Canyon Drive: ultimate major thoroughfare street
improvements as approved by the Palm Springs City Engineer;
Matthew Drive (between Linden Way and Gene Autry Trail):
industrial minor collector street improvements, as approved by
Palm Springs City Engineer; and
Linden Way (between Matthew Drive and the East Palm Canyon
frontage road): local street improvements, as approved by the
Palm Springs City Engineer.
MM XV-5 The main site access on Matthew Drive shall provide an entry
drive with a minimum of 100 feet of stacking depth to
accommodate peak queues entering and leaving the site as well
as an area for motorists who enter inadvertently to turn around.
A decorative street light shall be provided at the main site entry at
Matthew Drive.
MM XV-6 The secondary site access proposed on Linden Way shall
provide an entry drive with a minimum of 75 feet of stacking
0 depth to accommodate peak queues entering and leaving the site
as well as an area for motorists who enter inadvertently to tum
Revised Conditions of Approval
Case 5,1135 PD334, TTM 35623
April 9, 2014
Page 10 of 41
around. A decorative street light shall be provided at the main
site entry at Linden Way.
MM XV-7 The applicant may request the existing right-of-way be vacated
along Linden Way and Matthew Drive in accordance with the
ultimate right-of-way shown by the City of Palm Springs General
Plan Street Plan and provide building setbacks and half -street
improvements in accordance with City requirements.
MM XV-8 A STOP sign shall be installed on the minor street approach to
control exiting site traffic at the site access proposed on both
Matthew Drive and on Linden Way.
MM XV-9 If the proposed development will employ more than 100 persons,
the project applicant shall comply with the provisions of the Palm
Springs Traffic Demand Management (TDM) Ordinance.
MM XV-10 The project developer/applicant shall pay Traffic Uniform
Mitigation Fees (TUMF) prior to issuance of building permits.
MM XV-11 Although many improvements to the intersection of Gene Autry
Trail and East Palm Canyon Drive may be funded by the TUMF
program, the project applicant will be required to contribute on a
fair -share basis to the cost of circulation improvements required
on roadways and/or at intersections that are not in the TUMF
program prior to approval of a Final Map:
Since the intersection of Gene Autry Trail and East Palm Canyon
Drive is a Congestion Management Program (CMP) intersection,
no fair -share payment will be required for the future southbound
right-tum lane on Gene Autry Trail at East Palm Canyon Drive.
TUMF fees will provide the funding for the design and
construction of the future southbound right-tum lane on Gene
Autry Trail at East Palm Canyon Drive. This payment of TUMF
fees by the project proponent will be sufficient as funding for the
provision of an exclusive southbound right -turn lane on Gene
Autry Trail at East Palm Canyon Drive.
Although ordinarily no fair -share payment would be required for
the future eastbound left-tum lane on East Palm Canyon Drive at
Gene Autry Trail, and that TUMF fees would provide the funding
for the design and construction of the future eastbound left -turn
lane on East Palm Canyon Drive at Gene Autry Trail, in order to
facilitate construction of a raised, landscaped median island
within Gene Autry Trail required by the General Plan, it is
necessary for the project proponent to design and construct the
NO
Revised Conditions of Approval
Case 5.1135 PD334, TTM 35623
April 9, 2014
Page 11 of 41
ultimate configuration of lanes at this intersection now in
conjunction with development of the project site. Additional right-
of-way must be dedicated (over and above the 10 feet that must
be dedicated to bring East Palm Canyon Drive up to the General
Plan half -street right-of-way width) in conjunction with this project
to accommodate the additional eastbound left -turn lane
discussed in the Traffic Impact Study by Endo Engineering,
revised May 2007. In conjunction with this project, the south face
of curb shall be relocated along the East Palm Canyon Drive
frontage to facilitate the additional eastbound left -turn lane. A 12-
foot wide colored concrete combination sidewalk/bicycle path
shall be constructed behind the curb.
MM-XV-12 To insure compliance with City access and design standards, the
final building and parking layout and site access design shall be
subject to the review and approval of City Traffic Engineer as part
of the development review process.
MM XV-13 Site distance at both site access points shall be reviewed for
adequacy with respect to City of Palm Springs standards in
conjunction with the preparation of the final site grading plans,
landscape plans and street improvement plans.
MM XV-14 Since site access will be controlled, the design shall incorporate
service and emergency access, on -site tum-around, relevant
signing, or other similar features as required by the planning
commission, fire and police departments, and Zoning Code
Chapter 93.05.00. Ingress and egress design shall include
vehicle maneuvering and stacking space to avoid internal and
external traffic conflicts.
MM XV•15 Per the parking standards and regulations set forth in Zoning
Code Section 93.06.00, off-street parking shall be provided to
serve employees, residents, and guests associated with the
proposed development including the required number of
accessible parking spaces (per state and federal guidelines), as
well as improvements required for covered parking, traffic
maneuvering, and parking area drainage, landscaping, and
lighting.
MM XV-16 Off-street loading space/facilities shall be designed, located
constructed and maintained as required by the City of Palm
Springs to minimize the impact of service and delivery trucks on
residents.
Revised Conditions of Approval
Case 5.1135 PD334, TTM 35623
April 9, 2014
Page 12 of 41
MM XV-17 The project developer/applicant shall coordinate with SunLine
Transit Agency regarding required public transit facilities on and
adjacent to the project site. Any required public transit facilities
(including bus stops, turn -outs, bus shelters and furniture, or
other miscellaneous public transit improvements) shall be
furnished, constructed and installed in conjunction with
construction of the associated street improvements.
MM XV-18 The project developer/applicant will comply with City
requirements regarding the master planned bikeway adjacent to
the site along East Palm Canyon Drive.
CULTURAL RESOURCES
9. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's Standards
and Guidelines, shall be employed to survey the area for the presence of
cultural resources identifiable on the ground surface.
10. Given that portions of the project area are within an alluvial formation, the
possibility of buried resources is increased. A Native American Monitor shall be
present during all ground -disturbing activities. 0
a). Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s) shall
be present during all ground disturbing activities including clearing and
grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor shall
contact the Director of Planning and Zoning and after the consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to the
State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in connection
with this project, including reports of investigations, record search results
and site records/updates shall be forwarded to the Tribal Planning, Building,
and Engineering Department and one copy to the City Planning and Zoning
Department prior to final inspection.
CC&R's 0
Revised Conditions of Approval April 9, 2014
Case 5.1135 PD334, TTM 35623 Page 13 of 41
0 11. The applicant prior to issuance of building permits shall submit a draft
declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning and Zoning for approval in a form to be approved by the
City Attorney, to be recorded prior to approval of a final map. The City shall
have the right to enforce the CC&R's, the CC&R's shall not be amended
without City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances. (Modified by the City
Council on 03.19.08)
12. The applicant shall submit to the City of Palm Springs, a deposit in the
amount of $3.500.00, for the review of the CC&R's by the City Attorney. A
$654.00 filing fee shall also be paid to the City Planning Department for
administrative review purposes.
13. The CCR's shall have a disclosure statement regarding the location of the
project relative to roadway noise, City special events, roadway closures for
special events and other activities which may occur in the Central Business
District, Desert Museum and Desert Fashion Plaza. Said disclosure shall
inform perspective buyers about traffic, noise and other activities which may
occur in this area.
21i•!_1IIIIIII7*1rcliv,
14. The final development plans shall be submitted in accordance with Section
94.03.00 of the Zoning Ordinance. Final development plans shall include site
plans, building elevations, floor plans, roof plans, grading plans, landscape
plans, irrigation plans, exterior lighting plans, sign program, mitigation
monitoring program, site cross sections, property development standards and
other such documents as required by the Planning Commission. Final
development plans shall be submitted within two (2) years of the City Council
approval of the preliminary planned development district.
15. 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 & Zoning 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.
16. The following shall be implemented prior to approval of Final Development
Plans as requested by the Architectural Advisory Committee:
a. The solar control needs to be tied to the windows.
b. Streamline the elevations of the buildings adjacent to Matthew Drive.
Revised Conditions of Approval
Case 5.1135 PD334, TTM 35623
April 9, 2014
Page 14 of 41
c. Work on the design of the Grand Central building to make the rear, which
faces East Palm Canyon Drive, look less like the rear of the building and
more like the front.
d. The project shall be reviewed and approved by the Architectural Advisory
Committee prior to Final Development Plan approval.
GENERAL CONDITIONS I CODE REQUIREMENTS
17. Preliminary development plans and architectural approval shall be valid for a
period of two (2) years. Extensions of time may be granted by the Planning
Commission upon demonstration of good cause.
18. The appeal period for a Major Architectural application is 15 calendar days
from the date of project approval. Permits will not be issued until the appeal
period has concluded.
19. 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 final occupancy permits.
20. All materials on the flat portions of the roof shall be earth tone in color.
21. 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.
22. 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.
23. 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.
24. The street address numbering/lettering shall not exceed eight inches in height.
25. 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.
Revised Conditions of Approval April 9, 2014
Case 5.1135 PD334, TTM 35623 Page 15 of 41
26. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
27. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
28. No outside storage of any kind shall be permitted except as approved as a part
of the proposed plan.
29. Vehicles associated with the operation of the proposed development including
company vehicles or employees vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved.
30. Prior to the issuance of building permits, locations of all telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the interior of the building. Electrical
transformers must be located toward the interior of the project maintaining a
sufficient distance from the frontage(s) of the project. Said transformer(s) must
be adequately and decoratively screened.
31. The applicant shall provide all tenants with Conditions of Approval of this
project.
32. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized
spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be
18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the
parking space; two (2) handicap spaces can share a common walkway. One in
every eight (8) handicap accessible spaces, but not less than one (1), shall be
served by an 8 foot walkway on the right side and shall be designated as "van
accessible".
33. Handicapped accessibility shall be indicated on the site plan to include the
location of handicapped parking spaces, the main entrance to the proposed
structure and the path of travel to the main entrance. Consideration shall be
given to potential difficulties with the handicapped accessibility to the building
due to the future grading plans for the property.
34. Compact and handicapped spaces shall be appropriately marked per Section
93.06.00.C.10.
35. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area
shall have curbs placed at a minimum of two (2) feet from the face of walls,
fences or buildings adjoining driveways.
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Case 5,1135 PD334, TTM 35623 Page 16 of 41
36. Parking lot light fixtures shall align with stall striping and shall be located two to 10
three feet from curb face.
37. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall
be provided every 10 parking spaces. Additional islands may be necessary to
comply with shading requirements.
38. Shading requirements for parking lot areas as set forth in Section 9306.00 of
the Zoning Ordinance shall be met. Details to be provided with final landscape
plan.
39. Tree wells shall be provided within the parking lot and shall have a planting
area of six feet in diameter/width.
40. Development standards for Planned Development District 334 shall be as
follows:
Use Mixed-Use/Multi-Use
Open Space 62.53%
Setbacks 105 feet from the opposite side of Matthew Dr. and Linden Way
125 feet from the center line of East Palm canyon Drive
Bldg Separations 35 feet
Height 35 feet and 3 stories (to roof line)
45 feet and 3 stories to parapet)
Parkins 405 spaces
ENGINEERING:
The Engineering Division recommends that if this application is approved, such approval
is subject to the following conditions being completed in compliance with City standards
and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
41. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
42. Applicant shall obtain State permits and approval of plans for all work done on
State Highway 111. A copy of an approved Caltrans encroachment permit shall
be provided to the City Engineer prior to the issuance of any building permits,
unless otherwise allowed by the City Engineer. Conditions indicated herein
related to East Palm Canyon Drive (State Highway 111) are subject to change
in accordance with Caltrans requirements, as may be indicated by 0
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improvement plans approved by Caltans and/or an Encroachment Permit
issued by Caltrans to the applicant for construction of improvements along East
Palm Canyon Drive (State Highway 111).
43. Submit street improvement plans prepared by a registered Califomia civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
44. Abandonment of right-of-way is required to facilitate the proposed development
application. Right-of-way abandonment for a portion of Matthew Drive
(transitioning from existing 44 feet of right-of-way to 33 feet of right-of-way)
shall be reviewed and approved by the City Engineer. Right-of-way
abandonment for the easterly 19 feet of Linden Way (preserving necessary
right-of-way for a standard street knuckle at the intersection of Linden Way and
the East Palm Canyon Drive frontage road) shall be reviewed and approved by
the City Engineer. Approved right-of-way abandonment shall be acknowledged
on the Final Map in accordance with Subdivision Map Act Section 66434(g).
Prior to approval of a Final Map, the applicant shall coordinate with each public
utility company and determine specific requirements as to the abandonment
and/or relocation of existing underground utilities that may exist within the
public rights -of -way to be abandoned.
45. The applicant shall be required to construct asphalt concrete paving for streets
in two separate lifts. The final lift of asphalt concrete pavement shall be
postponed until such time that on -site construction activities are complete, as
may be determined by the City Engineer. Paving of streets in one lift prior to
completion of on -site construction will not be allowed, unless prior authorization
has been obtained from the City Engineer. Completion of asphalt concrete
paving for streets prior to completion of on -site construction activities, if
authorized by the City Engineer, will require additional paving requirements
prior to acceptance of the street improvements, including, but not limited to:
removal and replacement of damaged asphalt concrete pavement, overlay,
slurry seal, or other repairs, as required by the City Engineer.
45A._ The public street improvements outlined in these conditions of approval are
intended to convey to the applicant an accurate scope of required
improvements, however, the City Engineer reserves the right to require
additional improvements as may be determined in the course of the review and
approval of street improvement plans required by these conditions.
e
EAST PALM CANYON DRIVE (STATE HIGHWAY 111)
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46. Prepare a geometric layout for the widening of East Palm Canyon Drive
extending across the frontage of the property and east of Gene Autry Trail, as
required by the City Engineer. The geometric layout shall show lane
configurations to facilitate construction of required improvements (eastbound
dual -left turn lanes, two through lanes, and one shared through/right turn lane),
and shall show revised lane line striping east of Gene Autry Trail necessary to
accommodate revised lane configurations west of Gene Autry Trail. The
approved geometric layout shall serve as the basis of required improvements
and right-of-way dedications along East Palm Canyon Drive.
47. Dedicate additional right-of-way to accommodate the ultimate width of East
Palm Canyon Drive, in accordance with the approved geometric layout,
including a property line - corner cut back at the southwest corner of East Palm
Canyon Drive and Gene Autry Trail, in accordance with City of Palm Springs
Standard Drawing No. 105.
48. Dedicate an easement for sidewalk purposes for those portions of meandering
sidewalk/bicycle path that leave the public right-of-way.
W
49. Remove the existing 8 inch curb and gutter along the entire frontage, and
construct an 8 inch curb and gutter, located a minimum of 38 feet south of
centerline (or as otherwise determined by the geometric layout), in accordance
with City of Palm Springs Standard Drawing No. 200. 0
50. Remove and reconstruct the existing curb return, spandrel and cross -gutter at
the southwest comer of the East Palm Canyon Drive and Gene Autry Trail
intersection as necessary to accommodate widening of East Palm Carryon
Drive, in accordance with the approved geometric layout. If necessary, remove
and reconstruct the entire cross -gutter extending to the southeast corner of the
East Palm Canyon Drive and Gene Autry Trail intersection as required by the
City Engineer.
51. Construct a meandering 12 feet wide combination sidewalk and bicycle path
along the entire frontage. The construction shall be with colored Portland
cement concrete, with an admixture of Palm Springs Tan, Desert Sand, or
approved equal color by the Engineering Division.
52. Construct a minimum 14-feet wide (and wider as necessary to provide an
eastbound dual left -turn lane pocket) landscaped median island across the
entire frontage from the west property line to Gene Autry Trail/Matthew Drive.
Provide a 375 feet long eastbound dual -left turn pocket at Gene Autry
Trail/Matthew Drive, with a 150 feet long bay taper. The left turn pocket shall
be designed in accordance with Section 405 of the current edition of the
Caltrans Highway Design Manual, as approved by the City Engineer.
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Case 5.1135 PD334, TTM 35623 Page 19 of 41
0 53. Submit landscaping and irrigation system improvement plans for the pr000sed
median for review and approval by the City Engineer
Resrea#+ee: The irrigation system shall be separately metered from the
parkway landscaping to be maintained by the applicant, for future use by the
City upon acceptance of the landscaping by the City. The plans shall be
approved in conjunction with the street improvement plans for the median and
prior to issuance of a building permit, unless otherwise allowed by the City
Engineer.
54. All median landscaping shall be guaranteed for a period of 99 days one year
from the date of acceptance by the City Engineer. Any landscaping that fails
during the 00-daone year landscape maintenance period shall be replaced
with similar plant material to the satisfaction of the City Engineer, and shall be
subject to a subsequent 90-day one year landscape maintenance period.
55. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 110 and 340.
Additional pavement removal and replacement may be required upon review of
existing pavement cross -sections, and to ensure grade breaks of the pavement
cross-section do not occur within a travel lane. 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.
MATTHEW DRIVE
56. Dedicate a half street right-of-way of 33 feet along the frontage where
necessary.
57. The existing street improvements extending south of Gene Autry Trail shall be
protected in place to the extent that an appropriate transition of curb and gutter
from 32 feet west of centerline to 25 feet west of centerline is approved by the
City Engineer.
58. Construct a 6 inch curb and gutter located 25 feet from centerline along the
entire frontage, with a 25 feet radius curb return and spandrel at the northeast
comer of the intersection of Matthew Drive and Linden Way in accordance with
City of Palm Springs Standard Drawing No. 200 and 206.
59. Remove and reconstruct the existing curb return, spandrel and cross -gutter at
the northwest comer of the intersection of Matthew Drive and Linden Way as
necessary to align the cross -gutter flowline from 32 feet north of centerline to
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25 feet north of centerline at the northeast corner of the intersection of Matthew
Drive and Linden Way.
60. Construct a 50 feet wide Main Entry driveway approach in accordance with City
of Palm Springs Standard Drawing No. 205. The centerline of the driveway
approach shall be located approximately 515 feet east of the centerline of
Linden Way.
61. The gated entry is subject to review and approval by the City Engineer and Fire
Marshall. The applicant shall provide an exhibit showing truck turning
movements around the entry, demonstrating the ability of standard size
vehicles to maneuver through the entry (without reversing) if unable to enter
the project. A minimum of 100 feet shall be provided between the back of
sidewalk on the adjacent street and the gated entry directory/control panel, with
an approved maneuvering area provided between the directory/control panel
and the entry gates. The ingress and egress lanes shall be a minimum of 20
feet wide, unless otherwise approved by the Fire Marshall. An opticom or
Tomar system (or approved equal} for automatic operation by emergency
vehicles, with uninterrupted power supply (battery backup), shall be installed
for the entry gates, meeting the approval of the Fire Marshall.
62. Construct a Type A curb ramp meeting current California State Accessibility
standards on each 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 and ADA
Coordinator. If necessary, additional pedestrian and sidewalk easements shall
be provided on -site to construct a path of travel meeting ADA guidelines.
63. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
64. Construct a Type A curb ramp meeting current California State Accessibility
standards at the northeast corner of the intersection of Matthew Drive and
Linden Way in accordance with City of Palm Springs Standard Drawing No.
212.
65. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to centerline along the entire frontage in accordance with City
of Palm Springs Standard Drawing No. 110 and 310. 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 �J
site and submitted to the City Engineer for approval.
0
Revised Conditions of Approval
Case 5.1135 PD334, TTM 35623
LINDEN WAY
66. Construct a full standard street knuckle
the East Palm Canyon Drive frontage
Springs Standard Drawing No. 104.
April 9, 2014
Page 21 of 41
at the intersection of Linden Way and
road, in accordance with City of Palm
67. Construct a 6 inch curb and gutter, 8 feet east of centerline along the entire
frontage and throughout the standard street knuckle at the intersection of
Linden Way and the East Palm Canyon Drive frontage road, in accordance
with City of Palm Springs Standard Drawing No. 200.
68. Construct a 24 feet wide Secondary Entry driveway approach in accordance
with City of Palm Springs Standard Drawing No. 205. The centerline of the
driveway approach shall be located approximately 405 feet north of the
centerline of Matthew Drive. The access may be gated, however, a minimum
of 75 feet shall be provided between the back of sidewalk on the adjacent
street and the entry gate.
69_ Construct a Type A curb ramp meeting current California State Accessibility
standards on each 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 and ADA
Coordinator. If necessary, additional pedestrian and sidewalk easements shall
be provided on -site to construct a path of travel meeting ADA guidelines.
70. Construct a 5 feet wide sidewalk behind the curb along the entire frontage and
throughout the standard street knuckle at the intersection of Linden Way and
the East Palm Canyon Drive frontage road, in accordance with City of Palm
Springs Standard Drawing No. 210.
71. Construct pavement with a minimum pavement section of 2Y2 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to centerline along the entire frontage, and throughout the
standard street knuckle at the intersection of Linden Way and the East Palm
Canyon Drive frontage road in accordance with City of Palm Springs Standard
Drawing No. 110 and 300. 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.
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Case 5.1135 PD334, TTM 35623 Page 22 of 41
ON -SITE 0
72. The on -site layout of drive aisles and parking spaces is subject to further
review and approval by the City Engineer and Fire Marshall. Adjustment of
proposed drive aisles, and deletion or relocation of proposed parking spaces
may be required during review and approval of construction plans for on -site
improvements, as required by the City Engineer and Fire Marshall. The
applicant shall be required to provide unrestricted internal access for
emergency vehicles as required by the Fire Marshall. Approval of the
preliminary site plan does not constitute approval of the on -site layout of drive
aisles and parking spaces as originally proposed.
73. All on -site drive aisles shall be two-way with a minimum 24 feet wide travelway
where no on -street parking is proposed.
74. On -site drive aisles shall be constructed with curbs, gutters, and cross -gutters,
as necessary to accept and convey surface drainage of the on -site drive aisles
to the on -site drainage system, in accordance with applicable City standards.
75. The minimum pavement section for all on -site asphalt concrete pavement shall
be 2% inches asphalt concrete pavement over 4 inches crushed miscellaneous
base with a minimum subgrade of 24 inches at 95% relative compaction, or
equal. If an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical Engineer
using 'TV values from the project site and submitted to the City Engineer for
approval.
76. 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
77. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
78. If an on -site private sewer system is proposed to collect sewage from the
development and connect to the existing public sewer system, sewer plans
shall be submitted to the Engineering Division for review and approval. Private
on -site sewer mains for residential projects shall conform to City sewer design
standards, including construction of 8 inch V.C.P. sewer main and standard
sewer manholes. Sewer manhole covers shall be identified as "Private Sewer".
A profile view of the on -site private sewer mains is not necessary if sufficient
invert information is provided in the plan view, including elevations with
Revised Conditions of Approval
Case 5.1135 PD334, TTM 35623
I::f►
April 9, 2014
Page 23 of 41
conflicting utility lines. Plans for sewers other than the private on -site sewer
mains, i.e. building sewers and laterals from the buildings to the on -site private
sewer mains, are subject to separate review and approval by the Building
Division.
79. The applicant is cautioned that preparation of a grading plan for the subject site
is dependent upon measures to protect the site from flooding. A grading plan
should not be prepared until it has been determined by the City Engineer under
which development scenario this project will occur, as identified herein under
the conditions related to "Drainage". The applicant shall schedule a pre -
submittal meeting with the City Engineer to review the status of Line 41 storm
drain plans by the applicant and/or Riverside County Flood Control District
(RCFC), prior to submittal of a grading plan to the City Engineer for review and
approval. A grading plan will not be approved by the City Engineer until
measures to protect the site from flooding are addressed.
80. Submit a Precise Grading and Paving Plan prepared by a California registered
civil engineer to the Engineering Division for review and approval. A Fugitive
Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Division for review and approval.
The applicant and/or its grading contractor shall be required to comply with
Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required
to utilize one or more "Coachella Valley Best Available Control Measures' as
identified in the Coachella Valley Fugitive Dust Control Handbook for each
fugitive dust source such that the applicable performance standards are met.
The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared
by staff that has completed the South Coast Air Quality Management District
(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and valid
Certificate(s) of Completion from AQMD for staff that has completed the
required training. For information on attending a Fugitive Dust Control Class
and information on the Coachella Valley Fugitive Dust Control Handbook and
related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752,
or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the
Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and
approved by the Engineering Division prior to approval of the Grading plan. The
Precise Grading and Paving Plan shall be approved by the City Engineer prior
to issuance of grading permit.
The first submittal of the Precise Grading and Paving 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; and a copy of the
associated Hydrology Study/Report.
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81. Prior to approval of a Grading Plan, the applicant shall obtain written approval
to proceed with construction from the Agua Caliente Band of Cahuilla Indians,
Tribal Historic Preservation Office" 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.
81A. In accordance with an approved PM-10 Dust Control Plan, perimeter fencin
shall be installed. Fencing shall have screening that is tan in color;green
screening will not be allowed. Perimeter fencing shall be installed after
issuance of Grading Permit, and immediately prior to commencement of
grading operations.
81 B Perimeter fence screening shall be appropriately maintained_ as required by the
City Engineer. Cuts (vents) made into the perimeter fence screening shall not
be allowed. Perimeter fencing shall be adequately anchored into the ground to
resist wind loading. 0
81 C Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas
on -site shall be permanently stabilized, in accordance with Palm Springs
_Municipal Code Section 8.50.022. Following stabilization of all disturbed area_s_,
perimeter fencing shall be removed, as required by the City Engineer.
81 D Prior to issuance of grading permit, the applicant shall provide verification to the
City that the fee has been aid to the Aqua Caliente Band of Cahuilla Indians in
accordance with the Tribal Habitat Conservation Plan (THCP).
82. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
82A. 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.
83. A Notice of Intent to Comply with the California Statewide General Construction
Stormwater Permit Water Quality Order 2009-0009-DWQ as modified
September 2, 2009)
2, 2992 is required for the proposed development via the California Regional
Water Quality Control Board online SMARTS system (Phone No. 760-246-
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Case 5.1135 PD334, TTM 35623
April 9, 2014
Page 25 of 41
749M. A copy of the executed letter issuing a Waste Discharge Identification
number shall be provided to the City Engineer prior to issuance of a grading
permit.
83A. Projects causing soil disturbance of one acre or more, must comply with the
General Permit for Stormwater Discharges Associated with Construction
Activity, and shall prepare and implement a stormwater pollution prevention
plan (SWPPP). 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. The P 8e
apolicant shall cause the aivroved final project -specific Water Quality
Manaciement Plan if required) to be incorporated by reference or attached to
the prolect's SWPPP as the Post -Construction Management Plan._A copy of
the up-to-date SWPPP shall be kept at the project site and be available for
review upon request.
84. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h)
8.60.026 (G), 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 erosion/blowsand relating to this property and
development.
84a. At the time of issuance of Grading Permit, the applicant shall post with the City
a cash bond of $40,000.00 which will guarantee that in the event that no work
occurs on the site or any portion thereof, for a period of time of 6 months or
more, that the construction fencing will be removed and that any vacant,
graded, or disturbed area of the site will be restored to the original topography
of the site, glued, or hydroseeded, and that such gluing or hydroseeding shall
be maintained. (Added by the City Council on 03.16.08)
85. 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.
85A. The applicant shall provide all necessary geotechnicallsoils inspections and
testinq in accordance with the GeotechnicallSoils Report prepared for the
proiect. 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 proiect. Documentation of all
compaction and other soils testing are to be provided. No certificate of
occupancv will be issued until the reauired certification is provided to the Citv
Engineer.
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86. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export
of soil will be required to present a clearance document from a Department of
Food and Agriculture representative in the form of an approved "Notification of
Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside,
and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading
Plan (if required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
87. This property is located within a special flood hazard area (SFHA), and is
subject to the provisions of Chapter 93.17.00 8.68 et seq. ("Flood Damage
Prevention") of the Palm Springs Zoning Municipal Code, and applicable state
and federal laws and regulations. Specifically, this property is located within a
designated SFHA identified by Zone AO (Depth = 2 feet) as shown on the
current Federal Insurance Rate Map (FIRM) for the City of Palm Springs,
California, Riverside County, Community Panel Number 060257 0009D, dated
06065C1586G, dated August 28, 2008. The applicant shall
comply with all applicable local, state and federal laws and regulations
associated with development occurring within a SFHA. Accordingly,
development of this site shall be subject to conditions established under two
altemative scenarios, identified herein:
Alternative 1: Development of the site under this scenario shall occur subject to
a determination by the City Engineer that construction of the Line 41 storm
drain system, as designed by Riverside County Flood Control District (RCFC),
is fully funded. Construction of the Line 41 storm drain system by RCFC will
satisfy the provisions of Chapter 92 17 08 8.68 et seq. ("Flood Damage
Prevention") of the Palm Springs Zoning Municipal Code, and applicable state
and federal laws and regulations, as they relate to development of this project.
Under this scenario, the following shall apply:
a. The applicant shall enter into Line 41 Developer Agreement with the City
and RCFC, in an amount representing a fair share percentage of the
construction cost of the Line 41 storm drain system, as approved by the City
Engineer. Appropriate financial security, as required by the City Engineer,
shall be provided concurrently with approval of the Line 41 Developer
Agreement.
b. Approval by the City Engineer of a grading plan for the project site shall be
withheld until final approval of the Line 41 Developer Agreement by the City.
c. Commencement of grading, issuance of building permits, and issuance of
certificates of occupancy, facilitating development within the 100-year
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special flood hazard area, shall occur in accordance with the provisions of
the Line 41 Developer Agreement.
Alternative 2: Development of the site under this scenario shall occur subject to
a determination by the City Engineer that construction of the Line 41 storm
drain system, as designed by Riverside County Flood Control District (RCFC),
is not fully funded. Under this scenario, the following shall apply:
a. In accordance with Chapter 83.17.18(£) 8.68.190(A)l of the Palm Springs
Zoning Municipal Code, the Tentative Tract Map shall be revised to identify
the Special Flood Hazard Area(s) (SFHA's) and the elevations of the base
flood (BFE's). The final conformed copy of the approved Tentative Tract
Map shall include the required information, including delineation of SFHA's
and identification of associated BFE's.
b. In accordance with Chapter 93:47-.10 8.68.150 of the Palm Springs Zoning
Municipal Code, a Flood Hazapd Report at a minimum, the following items
shall be submitted to the City by the applicant before construction or other
development begins within any Special Flood Hazard Area (SFHA). The
. plans in mate
tri Ip icate drawn to scale showing the fie, location, dimensions, and
elevation of the area in question, existing or proposed structures, ffll;
storage of materials and equipment and their location, proposed locations of
water supply, sanitary sewer, and other utilities: grading information
showing existing and proposed contours, any proposed fill, and drainage
facilities; and the leGation of the fmgGing. The Flood HazaFd Report
submittals shall be subject to review and approval by the City Engineer.
Specifically, the following information is also required:
i. Proposed elevation in relation to mean sea level of the lowest floor
(including basement) of all proposed residential structures as required
by Chapter 8.68.170(c)(1) of the Palm Springs Municipal Code. of
ii. Proposed elevation in relation to mean sea level to which any nonresidential
structures will be floodproofed, if as required in Chapter (3)(b
8.68.170(c)(2) of the Palm Springs ZGR1R9 Municipal Code; and and
detailed in FEMA Technical Bulletin TB 3-93.
iii. All appropriate certifications listed in Chapter 03.17.12°` 8.68.140(e) of the
Palm Springs g Municipal Code;,and.
iv. Description of the extent to which any watercourse will be altered or
relocated as a result of proposed development.
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v. Base Flood Elevation (Base Flood Elevation. (BFE) information as
specified in Chapter 8.68.070 of Section 8.68.140(C)(2) of the Palm
Springs Municipal Codes
vi. Certification from a registered civil engineer or architect that the
nonresidential floodproofed building meets the floodprone criteria in
Chapter 8.68.170 (c)(2) of the Palm Springs Municipal Code.
vii. For a crawl space foundation, location, and total net area of foundation
openings as required in Chapter 8.68.170(c)(3) of the Palm Springs
Municipal Code and detailed in FEMA, Technical _Bulletins 1-93
thaugh1-93 and 7-93.
c. The applicant shall provide the Building Department with the elevation of
the lowest floor (including basement). The elevation certification shall be
done, on a form acceptable to FEMA, by a registered professional civil
engineer or surveyor.
d. In accordance with Chapter 93�7.49(G 8.68.140(A)5 and Chapter
8.68.140(D)2(b) of the Palm Springs Zening Municipal Code and 44 CFR
60.3(d)(4), the applicant shall be required to submit an application to the
Federal Emergency Management Agency (FEMA) for FEMA's issuance of
a Conditional Letter of Map Revision (CLOMR). A complete application for
the CLOMR, including all appropriate technical studies and hydraulic
analyses, and payment of required FEMA application fees, shall be
submitted to and approved by FEMA foF review and appFe prior to
approval of a grading plan and storm drain plan and issuance of -grading
permit. Final City approvals associated with this project, including
approval of a Grading Plan for any portion of this property, the
approval of the storm drain plan, or approval of a Final Map, will not
be given by the City, until approval of the applicant's CLOMR
application to FEMA is provided to the City by evidence of a CLOMR
issued by FEMA.
e. Within six months of information becoming available, the applicant shall be
required to submit an application to the Federal EmeMency Management
Agency FEMA for FEMA's issuance of a Letter of Map Revision LOMR In in
accordance with Chapter 93.17.18(8.68.140(A)5 and Chapter
8.68.140(D)2(b) of the Palm Springs Zoning Municipal Code and 44 CFR
60.3(d)(4), the applOR-ant shall be FequiFed to submit an appliGatieR to the
LetteF of Map Revision (LOMR. A complete application for the LOMR,
including all appropriate technical studies and hydraulic analyses, record
drawings ("as-built's"), topographic surveying, and payment of required FEMA
application fees, shall be submitted tG and approved by FEMA, prior to
issuance of a building permit. A CertifiGate—ef
101
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8ssupawG Building Permit for construction of any building on this
property currently located within a special flood hazard area will not be
issued until the City receives rrnal approval of the applicant's LOMR
application to FEMA by evidence of a LOMR issued by FEMA.
The proposed drainage improvements (15, 20, and 30 feet wide concrete
culverts) shown on the Preliminary Rough Grading Plan prepared by Rastra
Engineering Inc., are not approved. Off -site drainage improvements shall
be designed and constructed in accordance with the Master Drainage Plan
for the Palm Springs Area, as required by the City Engineer. Submit storm
drain improvement plans prepared by a California registered civil engineer
to Riverside County Flood Control & Water Conservation District (RCFC) for
construction of those portions of the Line 41 storm drain system upstream
and downstream of the project site, as required by the City Engineer. The
Line 41 storm drain improvement plans shall be approved by RCFC prior to
approval of a grading plan and issuance of a grading permit.
88. Submit storm drain improvement plans for all on -site storm drainage system
facilities for review and approval by the City Engineer.
89. Construct storm drain improvements, including but not limited to catch basins,
and storm drain lines, for drainage of on -site drive aisles into the on -site
retention basins and the Line 41 storm drain system, as described in a Final
Hydrology Study for the RainbowVision project. The Final Hydrology study for
Tentative Tract Map 35623 shall include catch basin sizing, storm drain pipe
sizing, and retention basin sizing calculations and other specifications for
construction of required on -site storm drainage improvements.
90. 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&R's) required for this project.
91. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $7,522.00 per acre per Resolution
No. 15189. Based on the 13.28 acre size of the project site as shown on the
Tentative Tract Map, the project is responsible for payment of $99,892.16 in
drainage implementation fees. The applicant shall be eligible for credit up to
the maximum drainage implementation fee of $99,892.16 otherwise due under
either development scenario identified herein. Payment of the applicant's fair
share percentage of the construction cost of the Line 41 storm drain system, or
costs associated with the applicant's design and construction of portions of the
Line 41 storm drain system, either of which is in excess of the maximum
drainage implementation fee of $99,892.16 otherwise due, is the responsibility
of the applicant, and are not reimbursable by the City.
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92. This project shall may will be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP's) included as part of the NPDES Permit issued
for the Whitewater River Region from the Colorado River Basin Regional Water
Quality Control Board (RWQCB). The applicant is advised that installation of
BMP's, including mechanical or other means for pre -treating contaminated
stormwater and runoff, shall may -will be required by regulations imposed by the
RWQCB. It shall be the applicant's responsibility to design and install
appropriate BMP's, in accordance 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 if required,-suGh measures shall be designed and installed on -
site; and provisions for perpetual maintenance of the measures shall be
provided to the satisfaction of the City Engineer, including provisions in
Covenants, Conditions, and Restrictions (CC&R's) required for the
development.
GENERAL
93. 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 0
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off -site streets
as required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water
Agency, Southern California Edison, Southern California Gas Company, Time
Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts
within existing asphalt concrete pavement of off -site streets required by the
proposed development may require complete grinding and asphalt concrete
overlay of the affected off -site streets, at the discretion of the City Engineer.
The pavement condition of the existing off -site streets shall be returned to a
condition equal to or better than existed prior to construction of the proposed
development.
94. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this
project, the applicant shall be responsible for coordinating the scheduled
construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic
Preservation Officer or Tribal Archaeologist. Unless the project site has
previously been waived from any requirements for Tribal monitoring, it is the
applicant's responsibility to notify the Tribal Historic Preservation Officer;
or the Tribal Archaeologist, Pattie Tursk (7-CQ-
669-6907), at (760) 699-6800, for any subsequent phases or elements of
Revised Conditions of Approval
Case 5.1135 PD334, TTM 35623
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construction that might require Tribal monitoring. If required, it is the
responsibility of the applicant to coordinate scheduling of Tribal monitors during
construction, and to arrange payment of any required fees associated with
Tribal monitoring. Tribal monitoring requirements may extend to off -site
construction performed by utility companies on behalf of the applicant (e.g.
utility line extensions in off -site streets), which shall be the responsibility of the
applicant to coordinate and arrange payment of any required fees for the utility
companies.
95. All proposed utility lines shall be installed underground.
96, In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television
cable service, and similar service wires or lines, which are on -site, abutting,
and/or transecting, shall be installed underground unless specific restrictions
are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing
overhead utilities across the north property line, meet the requirement to be
installed underground. Utility undergrounding shall extend to the nearest off -
site power pole; no new power poles shall be installed unless otherwise
approved by the City Engineer. A letter from the owners of the affected utilities
shall be submitted to the Engineering Division prior to approval of a grading
plan, informing the City that they have been notified of the City's utility
undergrounding requirement and their intent to commence design of utility
undergrounding plans. When available, the utility undergrounding plan shall be
submitted to the Engineering Division identifying all above ground facilities in
the area of the project to be undergrounded. Undergrounding of existing
overhead utility lines shall be completed prior to issuance of a certificate of
occupancy.
97. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the
main line to the property line.
98. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG
(AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file),
and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and
format of the digital data to be submitted to the City may be authorized, upon
prior approval of the City Engineer.
99. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
C,l built" information and returned to the Engineering Division prior to issuance of a
final certificate of occupancy. Any modifications or changes to approved
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Case 5.1135 PD334, TTM 35623
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improvement plans shall be submitted to the City Engineer for approval prior to
construction.
100. 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.
101. 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
102. 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
therefore, 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.
103. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions
related to the Engineering Division's recommendations. The CC&R's shall be
approved by the City Attorney prior to approval of the Final Map.
104. Upon approval of a final map, the final map shall be provided to the City in
G.I.S. 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
CDROMIDVD 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.
105. In accordance with Section 66434 (g) of the Government Code, approved
portions of right-of-way for Matthew Drive and Linden Way may be abandoned
upon the filing of a Final Map identifying the abandonment of the right-of-way
granted to the City of Palm Springs. Prior to approval of a Final Map, the
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Case 5.1135 PD334, TTM 35623
TRAFFIC
April 9, 2014
Page 33 of 41
applicant shall coordinate with each public utility company and determine
specific requirements as to the abandonment and/or relocation of existing
underground utilities that may exist within the public right-of-way to be
abandoned. Prior to approval of a Final Map, the applicant shall provide to the
City Engineer a letter of approval regarding the proposed abandonment of
rights -of -way over Matthew Drive and Linden Way from each public utility
agency.
106. As determined by the RainbowVision Resort Retirement Community P.D.D.
Traffic Impact Study by Endo Engineering (as revised on May 3, 2007), the
following mitigation measures will be required:
a. A decorative street light shall be installed at the Main Entry on Matthew
Drive and at the secondary entry on Linden Way.
b. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
project site at both site access points, in accordance with City of Palm
Springs Standard Drawing No. 620 through 625 and the California Manual
on Uniform Traffic Control Devices for Streets and Highways, dated
January 13, 2012, or subsequent editions in force at the time of
construction, as required by the City Engineer.
107. Relocate and modify the existing traffic signal poles, conduit, pull boxes and all
appurtenances located on the southwest corner of East Palm Canyon Drive
(State Highway 111) and Gene Autry Trail/Matthew Drive, in accordance with
the requirements of the City of Palm Springs and Caltrans. The applicant shall
submit traffic signal modification plans prepared by a California registered civil
engineer or traffic engineer for review and approval by the City Engine
Caltrans. The traffic signal shall be relocated in conjunction with the widening
of East Palm Canyon Drive, and prior to issuance of a certificate of occupancy,
unless otherwise allowed by the City Engineer.
108. Install traffic striping, signage and markings on East Palm Canyon Drive and
Matthew Drive as required in conjunction with the widening of the streets.
Submit traffic striping and signage plans, prepared by a California registered
civil engineer, for review and approval by the City Engineer. Required traffic
striping and signage improvements shall be completed in conjunction with
required street improvements, to the satisfaction of the City Engineer, prior to
issuance of a certificate of occupancy, unless otherwise allowed by the City
Engineer.
109. 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 shall be provided by
Revised Conditions of Approval April 9, 2014
Case 5.1135 PD334, TTM 35623 Page 34 of 41
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 street frontages of the subject property.
110. 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.
111. Construction signing, lighting and barricading shall be provided fog -on —all
pn jests -during all phases of construction as required by City Standards or as
directed by the City Engineer. As a minimum, all construction signing, lighting
and barricading shall be in accordance with State of Galifemia, DepaFtment of
Wnrk " Part 6 "Temporary Traffic Control" of the Califomia
Manual on Uniform Traffic Control Devices for Streets and Highways, dated
.January 13, 2012, or subsequent additions editions in force at the time of
construction.
112. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE:
113. 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.
114. 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. 0
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Case 5.1135 PD334, TTM 35623 Page 35 of 41
115, 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.
116. Fire Sprinklers Required: An automatic fire sprinkler system is required by
local ordinance for entire building.
117. Standpipe System: An approved Class 1 standpipe system is required. (CBC
904.5.2)
118. Fire Sprinkler Plan Submittal: The contractor should submit fire sprinkler
plans as soon as possible. No portion of the fire sprinkler system, including
water meters and underground water supply, may be installed prior to plan
approval. A minimum of four copies must be submitted. Submittal to include
manufacturers cut sheets on all material and equipment used. Submittal shall
also include hydraulic calculations.
119. 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. A field analysis of existing hydrants has not been conducted to verify
hydrant location or availability. This comment is included to make you aware
that additional fire hydrants may be required.
120. 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.
121. 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 served shall be clearly indicated on the Fire
Department Connection (FDC). A sign with this information shall be placed on
or near the FDC. The sign shall be constructed of metal. The sign face,
lettering, and attachment shall be made of weather and vandal resistant
Revised Conditions of Approval
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materials. Sign background will be bright red. Letters will be bright white. Sign
format will be substantially as follows:
F. D. C.
SERVES
425
S. SUNRISE WAY
ALL BLDGS. IN COMPLEX
122. 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, 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)
123. 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.
124. 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)
125. 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.
126. 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)
127. 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)
0
C.
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128. Underground Parking: Automatic smoke removal system shall be required for
subterranean parking.
129. Secondary Access: A secondary access shall be provided for all
developments with 25 or more dwelling units. (Appendix III-D 2.1 CFC)
130. Fire Apparatus Access Roads/Driveways: Fire department access
roads/driveways 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. (902.2.1
CFC)
131. Road Design or parking lot surface: 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.
132. Mid Rise/High Rise: High-rise (5 stories or more) and mid -rise (3-4 stories)
buildings shall be accessible on a minimum of two sides. Street access 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.
133. 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.
134. 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.
135. Emergency Key Box: A Knox key box is required for access to the fire
sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the
main entrance. Contact the Fire Department at 760-323-8186 for a Knox
application form. (902.4 CFC)
136. Key Box Contents: The Knox key box shall contain keys to all areas of
ingress/egress, alarm rooms, fire sprinkler risedequipment rooms, mechanical
` rooms, elevator rooms, elevator controls, plus a card containing the emergency
contact people and phone numbers for the buildinglcomplex.
Revised Conditions of Approval
Case 5.1135 PD334, TTM 35623
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Ee
137. 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 3 to 5 feet
above floor level. Preferred location is along the path of exit travel or near an
exit door. Extinguishers located outdoors must be installed in weather and
vandal resistant cabinets approved for this purpose.
138. Fire Alarm System: Fire Alarm System required. Installation shall comply with
the requirements of NFPA 72.
139. Audible Water Flow Alarms: An approved audible sprinkler flow alarm
(Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) shall
be provided on the exterior of the building in an approved location. An
approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-
VFR with WBB back box or equal) to alert the occupants shall be provided in
the interior of the building in a normally occupied location. (904.3.2 CBC)
140. 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.
141. Wiring Installation: The installation of all Fire Alarm Wiring and Equipment
small be in accordance with NFPA 72, 760, NEC.
142. 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 Barking. This system must meet the City of Palm Springs
Public Safety Radio System Coverage Specifications.
143. System Acceptance Test: Upon completion of the installation of the Fire
Alarm System, a satisfactory test of the entire system shall be made. The test
shall be witnessed by the fire inspector.
144. Water Supply: The water supply and locationls of fire hydrants shall be
approved prior to any work being performed on the job site. (903.1 CFC)
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145. Water Systems and Hydrants: Where underground water mains are to be
provided, they shall be installed, completed and in service with fire hydrants or
standpipes (Or combinations thereof located as directed by the Fire
Department) not later than the time when combustible materials are delivered
to the construction site. (Sec. 903 CFC)
146. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed
within 250' of all combustible construction. No landscape planting, walls, or
fencing is permitted within 3 feet of fire hydrants, except groundcover plantings.
(1001.7.2 CFC)
147. Fire Flow: Fire flow for this project is estimated to be:
• Building 1 Type V 1 HR = 2,000 GPM with fire sprinklers.
• Building 2 Type V 1 HR = 2,000 GPM with fire sprinklers.
• Building 3 Type V 1 HR = 2,000 GPM with fire sprinklers.
• Building 4 Type V 1 HR = 2,000 GPM with fire sprinklers.
• Grand Central Building Type II 1HR = 1,500 GPM with fire sprinklers.
COMMERCIAL COOKING IN GRAND CENTRAL BUILDING
148. Fire Extinguishing System Required: Approved UL 300 automatic fire -
extinguishing systems shall be provided for the protection of commercial type -
cooking equipment. (1005.2.1/2 CFC & NFPA 17A196)
149. Hood & Duct Fire Protection System Coverage: The automatic fire
extinguishing system used to protect ventilating hoods and ducts and cooking
appliances shall be installed to include cooking surfaces, deep fat fryers,
griddles, upright broilers, charbroilers, range tops, and grills. Protection shall
also be provided for the enclosed plenum space within the hood above filters
and exhaust ducts serving the hood. (1005.2.3.1 CFC)
150. 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. A list of approved engineers is attached. Once
plans are recommended for approval, they will be forwarded to the Fire
Department for final approval.
151. Portable Fire Extinguishers for Food Processing Equipment: In addition to
the fixed system, a fire extinguisher listed and labeled for Class K fires shall be
installed within 30 feet of commercial food heat processing equipment, as
measured along an unobstructed path of travel. (1005.2.7 CFC) The preferred
location is near the exit from the cooking equipment area. Show proposed
location on the plans.
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152. Automatic Power and Fuel Shutoffs: The automatic fire extinguishing
system shall be interconnected to the fuel or current supply for cooking
equipment. The interconnection shall shut off all cooking equipment and
electrical receptacles which are located under the hood when the system is
actuated. Shutoff valves or switches shall be of a type that requires manual
operation to reset. (1005.2.4.1 CFC)
153. 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.
154. Exhaust Fan Operation: A hood exhaust fan(s) shall continue to operate after
the extinguishing system has been activated. (8.2.3.1 NFPA 96)
155. Makeup/Replacement Air: Replacement air quantity shall be adequate to
prevent negative pressures in the commercial cooking area(s) from exceeding
4.98 kPa (0.02 in. water column). (8.3.1 NFPA 96)
156. Listed Appliance Installation: All listed appliances shall be installed in
accordance with the terms of their listings and the manufacturer's instructions.
(12.1.2.1 NFPA 96) 0
157. Listed Exhaust Hood Systems: Listed hood assemblies shall be installed in
accordance with the terms of their listing and the manufacturer's instructions.
(509.6 CIVIC & 5.4 NFPA 96)
158. Construction site Security and Protection 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)
159. 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)
160. 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).
161. 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
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all weather driving surface and support a minimum weight of 73,000 lbs. (Sec.
902 CFC)
162. Curb ramps Jo comply with CBC 112713.5.1 curb ramps shall be constructed
at each corner of street intersections and where a pedestrian way crosses a
curb. These curb ramps shall comply with all curb ramp technical specifications
regarding slope and detectable warnings. This means the curb ramps will be
required on the sidewalk at all driveways leading into the site.
163. Disabled Parking - In order to properly identify the number of required
disabled parking spaces, a determination will need to be made as to the type of
occupancy the property will have. The Site Plan indicates five surface mounted
disabled parking spaces. Any underground parking will be treated like a parking
structure and it shall provide disabled parking that meets the minimum 8 foot 2
inch height requirement as set forth in CBC 1130B.
164. Site accessible route of travel — CBC 11148.1.2 The site development and
grading shall be designed to provide access to all entrances and exterior
ground floor exits. The site plan indicated compliance with this requirement.
However, there are a few locations on the plan that indicate decomposed
granite as the material for the walk leading to landscaped areas. The use of
" DG° may be allowed in the landscape areas as long as it remains stable, firm
and slip resistant to allow a person with limited mobility or a wheelchair user to
maneuver without difficulty. The use of concrete shall be used for all
sidewalks.
165. The lap pool indicates a ramp that leads into the pool for people with mobility
impairments. This complies with CBC 1111 B.4
166. Since this project may have different aspects regarding the occupancy between
residential, commercial and institutional, I would like to attend any future
meeting with the developer to address disabled access requirements.
END OF CONDITIONS
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