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HomeMy WebLinkAbout19433 - RESOLUTIONS - 12/16/1998 RESOLUTION NO. 19433 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT CASE NO. 5.0730 FOR A DEVELOPMENT PROPOSAL WHICH INCLUDES AN 18 ' HOLE GOLF COURSE, CLUBHOUSE COMPLEX WITH RESTAURANT/BAR/PRO-SHOP/GUESTHOUSE, MAINTENANCE BUILDING, AND 20 CONDOMINIUM UNITS, ON 359.08 ACRES OF LAND, ZONED R-1-A, R-1-B, W, 0-20, SECTIONS 9, 10, AND 15. ------------------------------ WHEREAS, The Mountain Falls Golf Preserve Company (the "Applicant") has filed an application with the City pursuant to Section 9402.00 of the City of Palm Springs Zoning Ordinance for a Conditional Use Permit (CUP 5.0730) which includes an 18 hole golf course, clubhouse complex with restaurant/bar/pro shop/guesthouse, maintenance building, twenty (20) condominium units, located on 359.08 acres of land within Sections 9, 10, and 15; and WHEREAS, a Final EIR was prepared in accordance with the California Environmental Quality Act (CEQA) , State CEQA Guidelines, City CEQA Implementing Guidelines and includes the Draft Environmental Impact Report (Draft EIR), public comments and written responses thereto, Notice of Preparation, Technical Appendix (including Traffic Study, Biological Technical Report, Air Quality/Noise Reports, Geotechnical Report, Hydrology Report, Cultural Resources Report, Aesthetics Report, Phase I Environmental Assessment (Hazardous Materials), Fertilizer & Pesticide Schedule), Planning Commission minutes, local golf course trip generation study, and correspondence with U.S. Fish & Wildlife Service, ' California Department of Fish and Game and other correspondence; and WHEREAS, a Final FIR was prepared for the Conditional Use Permit application. for the golf course, clubhouse complex and condominium development (the Project), General Plan Amendment to realign a bike trail and Change of Zone from Watercourse and Single Family Residential (W-R-1-C) to Open Space (0-20); and WHEREAS, notice of a public hearings of the Planning Commission of the City 'of Palm Springs to consider the application for Conditional Use Permit 5.0730 was given in accordance with applicable law; and WHEREAS, on May 13, 1998 and October 14, 1998, public hearings on the Draft EIR and project, respectively, were held by the Planning Commission in accordance with applicable law; and WHEREAS, the Conditional Use Permit Case No. 5.0730 is considered as one of the land use entitlements as a part of the project pursuant to the terms of the California Environmental Quality Act (CEQA), and a Final EIR has been prepared for this Project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, at the conclusion of its public hearing on October 14, 1998, the Planning Commission adopted Resolution No. 4610, recommending that the City Council approve Conditional Use Permit 5.0730 subject to the findings and conditions stated in Resolution No. 4610; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the application for Conditional Use Permit 5.0730 was given in accordance with applicable law; and WHEREAS, on November 18, 1998, a public hearing on the application for Conditional Use Permit No. 5.0730 was held by the City Council in accordance with applicable law; and R19433 Page 2 yfok WHEREAS, the City has determined that the project will further the City's goals by implementing the General Plan and contributing to the economic and physical revitalization of downtown Palm Springs; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered , the effect of the project on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed Conditional Use Permit represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and WHEREAS, the City has balanced the project impacts, against the benefits its citizens will receive from the project such as provision of jobs, housing, recreation, and the preservation in perpetuity of 215.38 acres of hillside acquisition of offsite open space: and has decided that the benefits of project approval outweigh its impacts; and WHEREAS, the City Council 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, all environmental data including the Draft EIR, the Final EIR, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: Pursuant to CEQA, the City Council finds that the Conditional Use Permit for the ' Mountain Falls Golf Preserve is fully evaluated with the Draft EIR and Final EIR that has been certified by the City Council and is in compliance; with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; the Final EIR adequately addresses the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation rneasures related to each significant environmental effect for the proposed Project. The City Council has independently reviewed and considered the project and has independently reviewed and considered the information contained in the Final EIR. Section 2: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed golf course including clubhouse, restaurant/bair/pro-shop, maintenance building and 20 condominium units and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan which includes a golf course designation at this location and Zoning Ordinance which allows the residential condominiums and clubhouse as a conditional use permit. Per the R-1-13 Zone designation, in order to encourage a more creative approach in development of land to allow for more usable ' open space areas, large scale residential developments may be: permitted with approval of a conditional use permit application on sites of not less than 4.5 acres of land. The land shall comply with all property development standards and yards may be modified to allow "cluster" or "row" housing, provided the overall development equals the general quality of development in this zone. The site where the condominiums and clubhouse are proposed is approximately 18.21 acres and when added to the golf course site the total project area is 359.08 acres-which complies with the minimum size requirement. Proposed condominium units are located adjacent to the hillside and are considered pursuant to the Section 9313.00.Hillside Development of the Palm Springs R19433 Page 3 Zoning Ordinance. The proposed clubhouse/parking lot/condominiums comply with all property development standards with the incorporation of the conditions of approval. Section 3: ' A Mitigation Monitoring and Reporting Program has been prepared according to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures during Project implementation. This Mitigation Monitoring and Reporting Program is included as a condition of approval set forth in the attached Exhibit A. Section 4: The application was filed and processed accordingly per Section 9402.00 B.1-5 and 9402.00 C. 1-3 of the Zoning Ordinance to ensure compliance with the City of Palm Springs Zoning Ordinance. Section 5: Pursuant to Government Code Section 66474, and Section 9402.00.B.1 the City Council finds that with the incorporation of those conditions attached in Exhibit A, which include the mitigation measures as recommended in the Final EIR, the following: ' a. That the use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by this Ordinance. The project site is designated for a golf course on the General Plan which indicates the City's intent to develop a golf course and ancillary uses at this location. The project at this time entails construction of an 18-hole golf course, clubhouse with restaurant/bar/pro-shop, maintenance building and 20 condominium units on 359.08 acres which is consistent with this designation. The project is consistent with the General Plan in that the property has three land use classifications including Conservation, Watercourse and Very Low Density Residential and has a golf course designation where the golf course is proposed. The proposed golf course is located on property designated Conservation and Watercourse, both of which allow development of recreation amenities including golf courses. The proposed clubhouse and condominium units are located on land designated Very Low Density Residential and are consistent with this designation. The November 18, 1998 City Council Staff Report and Final EIR contain detailed discussions regarding General Plan and Zoning Consistancy. The project is consistent with the Zoning Ordinance in that it proposes golf course recreational uses on property zoned for Watercourse (W) and Conservation (C) and 20 condominium units and a Clubhouse facility with a Conditional Use Permit on land zoned R-1-13 (Single Family Residential: Minimum Lot Size 15,000 square feet). Per the R-1-13 Zone designation, in order to encourage a more creative approach ' in development of land to allow for more usable open space areas, large scale residential developments may be permitted with approval of a conditional use permit application on sites of not less than 4.5 acres of land. The land shall comply with all property development standards and yards may be modified to allow "cluster" or "row" housing, provided the overall development equals the general quality of development in this zone. The site where the condominiums and clubhouse are proposed is approximately 18.21 acres which complies with the minimum size requirement. The site currently has a two story residential structure which is of the same mass and design as the proposed two story condominium units. The proposed �� clubhouse/parking lot/condominiums comply with all property development standards R19433 Page 4 with the incorporation of the conditions of approval. With respect to the proposed uses within the clubhouse (pro shop/bar/restaurant), recreational facilities such as country clubs, golf courses, riding clubs, with incidental limited commercial uses which are commonly associated and directed to the recreational facility are permitted with approval of a conditional use permit. Thus, the proposed uses are consistent with the General Plan and Zoning Ordinance. ' b. That the said use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is located. The City has designated on the General Plan the debris basin portion of the site as a golf course to add a necessaary and desirable recreation amenity to the community. The golf course will complement and expand recreation amenities and tourism opportunities within the community. One-half of all golf course tee times must be made available to the public. The golf course is proposed by the owners of the Palm Mountain Resort, an existing hotel located in downtown, who will market the golf course through this hotel. Additionally, hotels within Palm Springs that currently refer guests to out of town golf courses will have the opportunity to refer customers to a local Arnold Palmer Signature Golf Course. This will enhance marketing opportunities and keep Palm Springs visitors in the community. Currently, the City has 9 existing golf courses (only 5 are full sized 18-hole courses), over 7,000 hotel rooms and a permanent population of over 42,000 people. Currently, residents and visitors seek quality golf courses in other communities. The addition of a new Arnold Palmer Signature Golf Course will be the first new golf course in four years and will be the first new private golf course in 13 years. The addition of 20 new condominiums will , add necessary residential development which has been designed to be compatible with the existing residential character of the neighborhood. The project will further the City's General Plan long term commitment to conservation and preservation of sensitive habitats by allowing limited development and encroachment into an existing debris basin and alluvial fan while requiring extensive on and off-site mitigation. Biological mitigation measures including acquisition and dedication of additional open space, a deed restriction creating on and off-site open .space, and a monitary contribution to support Bighorn Sheep conservation and preservation are consistent with the goals, policies, objectives and implementation programs contained in the General Plan. Development of the golf course and lake will add protection against wildland fires. The golf course is located almost entirely within or adjacent to an existing flood control facility and is separated from most existing single family residences by an existing 40 foot high dam. The condominiums and clubhouse are designed to be set back from adjacent existing single family residences to the maximum extent possible and extensive buffers including setbacks, walls, berms and landscape are incorporated into the project design and conditions of approval. Thus, the proposed project is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is located. c. That the site for the intended use is adequate in size and shape to accommodate said ' use, including yards, setbacks, walls, or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The proposed golf course is located in a disturbed flood control basin and surrounding hillside on flat to gentle slopes. All residential and other structures are located outside the flood control basin. The project will preserve on-site 215.38 acres of hillsides as open space. Thus, the project is physically suitable for the subject site with the mitigation measures proposed. With respect to the clubhouse, the parking lot and the R19433 Page 5 twenty (20) condominiums, the parking lot will be located approximately 35 feet away from the northerly property line and the proposed condominiums will be located approximately 185 feet away from the nearest residence. The applicant is required to construct a six (6) foot high block wall along the northerly property line between the proposed parking lot and residences along Crescent Drive. The applicant is also required to lower the parking lot an additional foot (a total of 2 feet from grade) and construct a two (2) foot high to four (4) foot high block wall with berm for additional noise attenuation. All proposed lighting along the northerly side of the main parking lot will be at a maximum height of five (5) feet to reduce the potential for any off-site lighting impacts. The existing landscaping along the northerly property line will remain in place to restrict views into the project site. The City Council after hearing concerns of neighbors added a condition of approval which restricts the hours of operation for the clubhouse (restaurant/bar/pro shop) to further reduce potential impacts to adjacent residential land uses. The clubhouse will have to close one (1) hour after sunset. The site is thus physically suitable for this type of development with the incorporation of the conditions of approval and mitigation measures. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. All street, drainage, and utilities improvements are required subject to the General Plan and Zoning Ordinance. A detailed traffic study and local golf course traffic study were prepared and incorporated into the Final EIR. The applicant will need to improve portions of Via Monte Vista and provide other off-site traffic safety improvements so there are no circulation problems resulting from the project. The applicant is required ' to obtain the necessary approvals from all utility companies. Thus, the project will be consistent with the General Plan and Zoning Ordinance. e. That the conditions imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for median islands, curb, gutter and sidewalks, geotechnical mitigation, drainage, flood control, biological mitigation, open space preservation and acquisition, P-M 10 mitigation, on-site walls and berms, noise mitigation, parking lot lighting, hours of operation, public safety requirements, and extensive mitigation monitoring; and f. A Final EIR has been prepared which fully analyzed all potential environmental impacts and mitigation measures. The Final Environmental Impact Report (EIR) which has been prepared for certification by the City Council adequately addressed all potential impacts and incorporated mitigation measures associated with the subject property. Thus, no further environmental review is necessary. If significant changes occur at any time, additional environmental review will be undertaken. g. The Final EIR that has been prepared fully analyzed potential impacts and mitigation measures with respect to air quality, biology, land use, water supply, traffic, noise, geotechnical, cultural resources, risk of upset, fire and paramedic services, parks and recreation, schools, library facilities, aesthetics and wastewater. The Final EIR fully analyzed potential impacts and mitigation measures with respect to r the topics of air quality, biology, water supply, traffic, noise, geotechnical, culturalC resources, risk of upset, fire and paramedic services, parks and recreation, schools, R19433 Page 6 library facilities, aesthetics and wastewater. Due to regional conditions, short term air quality impacts relating to construction activities were found to be cumulatively 77 significant despite application of the City's PM-10 dust control ordinance. Due to regional conditions, impacts on water supply were found to be cumulatively significant despite application of the City's Water Efficient Landscape Ordinance, and other water conservation measures. Impacts relating to traffic were not significant because Level of ' Service (LOS) A and B (which exceed the City's required LOS D) would be maintained after project implementation. The applicant is required to install a stop sign facing westbound traffic on Crescent at Via Monte Vista. A seismicity analysis is required to evaluate peak ground acceleration. Design of on-site structures will be required to comply with the Uniform Building Code. Adverse effects to archaeological. site CA- RIV-6033, consisting of rock cairns and quartz flaking stations, will be preserved by the redesign of Fairway No. 13. The applicant is also required to construct the driveway approach to City standards and a five (5) foot sidewalk behind the curb. Noise impacts were not significant because noise levels from the project were not found to exceed the City's noise ordinance and proposed mitigation measures and project design will reduce noise levels to a point where they will not be significant. The applicant however will be required to comply with the City's Noise Ordinance during construction activities and through out the life of the project. In addition, maintenance activities east of Tachevah Dam will be restricted between the hours of 8:00 a.m. to 8:00 p.m. The City Council imposed stricter hours on the clubhouse and associates uses within the structure. Aesthetic impacts were not considered significant because only the highest golf holes were visible while both near and distant views were substantially screened by mature trees, the existing Tachevah Dam and existing residential developments. With respect to potential impacts to the neighborhood, the main parking lot will be located approximately 35 feet away from the northerly property line and the proposed condominiums will be approximately 185 feet away from the nearest ' residence. The applicant is required to construct a six (6) foot high block wall along the northerly property line between the proposed parking lot and residences along Crescent Drive. The applicant is also required to lower the parking lot an additional foot and construct a two (2) foot high to four (4) foot high block wall with berm for additional noise attenuation. All proposed lighting along the northerly side of the main parking lot will be at a maximum height of five (5) feet to reduce he potential for any off-site lighting impacts. Finally, the existing landscaping along the northerly property line will remain in place. Thus, there should not be any resulting significant impacts with respect to traffic, noise, land use,, geotechnical, cultural resources, risk of upset, fire and paramedic services, parkas and recreation, schools, library facilities, aesthetics and wastewater. h. The Final EIR that has been prepared fully analyzed potential impacts and mitigation measures with respect to biological resources with special concerns regarding the Peninsular Bighorn Sheep and the City Council finds that even after requiring extensive mitigation that a significant cumulative impact to the Peninsular Bighorn Sheep will result. The Final EIR fully analyzed potential impacts and mitigation measures with respect to the Peninsular Bighorn Sheep. The Final EIR fully disclosed and documented ' disagreement among biological experts regarding the significance of impacts and effectiveness of mitigation measures regarding PBS. The Final EIR recommended mitigation measures including a "No Development Zone"; acquisition of 265.2 acres of PBS habitat to replace at a 3:1 ratio the 88.4 acres of habitat disturbed by the project; payment of $50,000 to the City of Palm Springs for study of the bighorn sheep in the San Jacinto Mountains, the construction of a fence if there is evidence that big horn sheep are being adversely affected by tthe gold course, and various physical design requirements. Thus, no further mitigation is feasible. R19433 Page 7 The City has fulfilled its responsibility to disclose environmental impacts regarding PBS, thoroughly review the environmental data and analysis, weigh the merits of the project and approve or deny the project accordingly. The developer is responsible to comply with all State and Federal statutes. The California Department of Fish and Game and the U.S. Fish and Wildlife Service are the trustee agencies with authority to ' enforce Endangered Species regulations. Based upon the evidence in the record, it appears to the City that the direct and indirect effects of the project will not cause harassment or harm PBS, and do not involve the killing, capturing, or collecting of PBS, or any attempt to engage in any such conduct, which would be prohibited by 16 U.S.C. Section 1532 or California Fish & Game Code Section 2080. It also appears that the project does not involve significant habitat modification or degradation such that it would actually kill or injure PBS by significantly impairing essential behavior patterns, including breeding, feeding or sheltering. In the event that the U.S. Fish & Wildlife Agency (USFWS) and/or the California Department of Fish & Game (CDFG) disagree with these conclusions, USFWS and CDFG have jurisdiction over the project to require that the developer obtain a Section 10(a) permit and/or 2081 permit, and impose such other mitigation measures as may be determined by them to be necessary. The project must comply with the Federal Endangered Species Act and the State Endangered Species Act. h. A nexus and rough proportionality have been established for requirement of improvements to Via Monte Vista and other off-site improvements as related to the Conditional Use Permit. ' The right-of-way off-site improvements, which are required by the Conditional Use Permit and recommended in the Final Environmental Impact Report, are related to the project since the property owners must use Via Monte Vista and other public roadways to access the site. Currently, the subject property contains a single residence and therefore places limited demands on the use of public roads, sidewalks and utilities at this time. However, the future residents of the project and golf course operators will benefit from street and utility improvements such as sidewalks/bike paths, utility line extensions and traffic safety improvements. These improvements entail the installation of a stop sign facing westbound traffic on Crescent Dr. at Via Monte Vista. The applicant is also required to construct the driveway approach to City standards and a five (5) foot sidewalk behind the curb. These improvements are required to meet City engineering standards and will provide safety benefits to the property owners and enhanced directional assistance for golfers. Section 4: A resolution certifying the Final EIR as complete pursuant to CEQA, State and Local CEQA Implementation Guidelines; adopting a Statement of Facts and Findings; adopting a Statement of Overriding Considerations; and adopting the Mitigation Monitoring Program has been adopted by the City Council. q/T 7 R19433 Page 8 Section 5: Pursuant to Government Code Section 66474.6, the City Council has determined that the discharge of waste from the proposed project into the existing, sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality ' Control Board. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves Conditional Use Permit No. 5.0730 subject to conditions set forth in Exhibit A, on file in the City Clerk's office, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 16th day of. December , 1998. AYES: Members Barnes, Oden, Reller-Spurgin and Mayor Kleindienst NOES: Member Hodges ABSENT: None �— ATTEST: C,TY OF PAzz CALIFORNIA City Clerk i y Manager REVIEWED BY: _ EXHIBIT A CASE 5.0730 (MOUNTAIN FALLS GOLF PRESERVE) DECEMBER 16 1998 ' CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, Director of Building or the Fire Chief, or their designee, depending on which department recommended the condition. ENGINEERING The following shall be submitted with grading of the subject property. A. The developer shall submit the final hydrology study to Riverside County Flood Control and Water Conservation District and the City Engineer for review and approval prior to issuance of grading permits. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ' I. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. VIA MONTE VISTA 3. The fire hydrant shall be relocated out of the proposed driveway approach and a blue marker shall be placed in the street per Fire Department standards. 4. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum width of 24 feet to accommodate a curb ramp. The driveway approach shall be widened to the south to align with the south side of Crescent Drive. 5. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 2101. The north end of the sidewalk shall be provided with a ramp per City standards to allow pedestrians to use sidewalk when approaching entry. 6. Construct a curb ramp meeting current California State Accessibility standards at the ' NORTH AND SOUTH sides of the driveway for the subject property per City of Palm Springs Std. Dwg. Nos. 212 ;and 212A. 7. The existing curb and gutter shall remain in place except for curb cuts necessary for driveway approaches. 8. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced. SANITARY SEWER 9. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. (3RADIN 10. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 11. Submit a Grading Plan prepared by a Registered Professional to the Engineering ' Division for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Division. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer ' prior to issuance of the grading permit. 12. The developer shall construct proposed condominium buildings a minimum of 30 feet from the toe of steep, rocky slopes. A catchment area shall be constructed between the toe of slope and buildings. The height and width of the retention walls shall be determined by the Geotechnical consultant and submitted to the City Engineer for review and approval. An alternate design for the catchment area may be proposed by the Geotechnical Consultant subject to review and approval by the City Engineer prior to issuance of grading permits. 0-5-150� T_/ 13. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep - to keep nuisance water from entering the public streets, roadways, or gutters. 14. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 15. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 16. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 17. Contact the Building Department to get PM10 requirements prior to request for grading permit. DRAINAGE 18. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable ' to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 19. The project is subject to flood control and drainage implementation fees and/or construction of Line 14 drainage facilities, adjacent to the project site, according to the approved Master Plan of Flood Control and Drainage. Validated costs incurred by the developer for design and construction of storm and/or drainage improvements adjacent to such development as shown in said Master Plan shall be credited toward the drainage fee otherwise due or in the event such cost exceeds the fee otherwise due, the City will enter into a reimbursement agreement with developer to reimburse him for such excess costs from drainage fees collected from other development. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. This condition shall be complied with pending the results of the hydrology study, to the satisfaction of the City Engineer, prior to filing any final map or issuance of the building permit. ON-SITE 20. All centerline radii shall be a minimum of 50 feet. 21. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch ' asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 22. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 23. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional ' inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 24. All proposed utility lines on/or adjacent to this project shall be undergrounded ;prior to issuance of a Certificate of Occupancy. 25. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 26. The developer shall take every precaution needed to "Protect -in-Place" any existing Whitewater Mutual Water Company water line(s) that may traverse, his project. 27. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 28. 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 per City of Palm Springs Engineering specifications. MAP ' 29. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submitted of the Lot Line Adjustment. 30. The existing lots or parcels shall be combined. The developer shall submit a lot line adjustment prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Division. This condition shall be complied with before issuance of grading or building permits. A map shall be submitted for the condominiums for approval and recordation based on the requirements of the Subdivision Map Act and the City of Palnn Springs Subdivision Ordinance. TRAFFIC 31. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right- of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety Might poles, conduit, pull boxes and all appurtenances ' located on the VIA MONTE VISTA frontage of the subject property. 32. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 33. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: Y n� -7 SW Cor. Site Driveway @ Via Monte Vista NE Cor. Crescent Drive @ Via Monte Vista The "STOP" sign at the NE Cor. of Crescent Drive @ Via Monte Vista shall include a warning sign indicating that cross traffic on Via Monte Vista does not stop. ' 34. The developer shall install a 9,500 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the NORTHEAST corner of CRESCENT DRIVE and VIA MONTE VISTA with the mast arm over VIA MONTE VISTA The pole and luminaire shall be furnished by the developer. 35. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1990, or subsequent additions in force at the time of construction. 36. This property is subject to the Transportation Uniform Mitigation Fee (TUMF) based on the LODGING ITE Code C land use. If the project is converted to condominiums, the TUMF will be calculated at the condo rate and any additional fees shall be paid at that time. 37. The developer shall comply with the mitigation measures of the Environmental Impact Report Mitigation Monitoring Program as approved by the City of Palm Springs City Council. ' 37a. If security gates are ever proposed at the project entry or if there is ever stacking problem due to the existing driveway and gate, the applicant shall prepare plans to alleviate any potential problems for the subject entry way for City review and approval prior to construction. PLANNING 38. 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. 39. 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 5.0730. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the ' applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 40a. The mitigation measures of the environmental impact report are adopted as conditions of approval. The applicant shall adhere to all the mitigation measures outlined in the Mitigation Monitoring Plan, a copy is attached. 40b. Mitigation Measure No. 2 under Traffic & Circulation corrected to read: 289 total parking spaces required for the project. 40c. Biological Mitigation Measure No. 1 regarding donation of land to be worked out with City Council. ' 41. The owner shall be required to deposit sufficient funds to pay for all expenses associated with enforcement of the Mitigation Monitoring Plan, if it is determined that sufficient staffing levels are not available to monitor the project. The City shall contract for monitoring services, and funds sufficient to cover all administrative costs shall be paid by the owner. Said program shall be in place and a contractual agreement entered into in a form approved by the City Attorney prior to issuance of grading permits. 42. Prior to issuance of occupancy permits, the property owner shall record a deed over the Coler Estate which prohibits the rental, leasing and operation of the 20 condominium units as a hotel. 43. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code and an Environmental Impact Report is being prepared on the project; therefore a fee of $850.00 plus an administrative fee of$50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 44a. Rough grading plans and routing plans for the golf course shall be submitted to the , Department of Planning & Building and the City Engineer for review and approval prior to the issuance of a grading permit. 44b. The applicant shall submit a fine grading plan of the golf course to the Department of Planning & Building and the City Engineer for review and approval within 30 days of commencement of rough grading. 45. The applicant shall submit final site plans, building elevations, floor plans, roof plans, grading plans (condominiums), 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 City Council to the Department of Planning & Building and the City Engineer for review and approval within 60 days of commencement of rough grading. Final plans shall entail both the golf course and the clubhouse/condominiums/parking areas. Sere Biology Mitigation Measure No. 4 for additional landscape requirements and mitigation. Final plans shall be revised to comply the mitigation measures. 46. Final landscaping, irrigation, exterior lighting, foot bridges and/or crossings, fencing plans and any other proposed improvement for the golf course and clubhouse/condominiums/parking area shall be submitted to the Director of Planning & ' Building for review and approval prior to the issuance of building permits. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Landscape plans shall comply with all mitigation measures as noted in the Final Environmental Impact Report. 47. Final landscape plans of the golf course shall include c6nsultation with the project ya�Q biologist, Fire Department and a qualified native plant expert. Cost shall be paid for by n I the developer. p4/vc 48a. The applicant shall incorporate the following items into the design of the proposed condominiums and maintenance shed: - Provide more massive columns around the corners of balconies. - Provide architectural detail under windows of condominiums as shown on elevations ' dated September 1, 1998 48b. A full tile roof matching the clubhouse and condominium units shall be provided on the maintenance shed. The applicant shall submit final building elevations, color materials of all proposed structures to the Planning Commission for review and approval. 49. The applicant shall submit building elevations and color material samples of the proposed condominium carports to the Director of Planning & Building for review and approval prior to the issuance of building permits. 50a. The applicant shall a provide a solid landscape buffer along the south side of the main parking lot to screen the subject lot from the casitas. 50b. The grade of the main parking lot shall be lowered an additional foot as shown on the site/landscape plan dated August 8, 1998, with a two (2) foot to a four (4) foot high block wall with berm for additional sound attenuation. Details of the wall with berm shall be worked out at Planning staff. 51. The applicant shall construct a six (6) foot high solid decorative (both sides) block ' masonry wall along the north property line between the project site and the residential properties along Crescent Drive. The wall shall be constructed in the initial phase of grading on the project site. The applicant shall submit color sample materials of the wall to the Director of Planning & Building for review and approval. If individual homeowners, via a written request, desire an alternative wall or fence material, the City may approve such a request. Said alternative material shall consist of decorative block or wrought iron design and shall be subject to the review and approval of the Director of Planning & Building. 52. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 53. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 54. The applicant shall submit elevations and specifications of the proposed wash rack and above ground storage tank to the Director of Planning & Building prior to the issuance of building permits. Additional screening may be required. 55. The storage bins and parking spaces adjacent to the maintenance shed shall be screened with a six (6) foot high solid block wall or a combination of a wrought iron fence with a solid landscape hedge from the condominiums located to the east. 56. Texture, materials, and colors to be used on the proposed building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 57. The applicant shall comply with all terms of the Riverside County Flood Control Water Conservation District (RCFCWCD) lease agreement regarding authorization to proceed with construction. The applicant shall submit written demonstration of compliance to the Director of Planning & Building prior to the issuance of grading permits. 58. A Conditional Use Permit application shall be approved by the Planning Commission and/or City Council for any special event or other activity that may increase the parking demand beyond the capacity of 289 spaces at the golf course prior to the event. Parking within local neighborhoods and/or on public streets shall not be permitted. The application for the event shall be submitted at least 12 weeks to the Director of Planning & Building prior to the date of the special event. Special events involving ' large number of people will require City Council approval per Section 9402.00 of the Ordinance. 59. Temporary structures shall only be permitted in the main pool area and tennis court adjacent to the existing guest house. 60a. Outdoor music, amplified entertainment or other type of amplified sound that will violate the City of Palm Springs Noise Ordinance, Chapter 11..74 of the Municipal Code, is strictly prohibited. No tents shall be installed for outdoor entertainment purposes where outdoor music, amplified entertainment is proposed. 60b. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. No paging systems shall be allowed near the clubhouse or planning areas. 60c. Hours of operation for the clubhouse including the pro shop/restaurant/bar shall be from sunrise to one (1) hour after sunset. Determining the time of sunrise and sunset shall be based upon the official time as noted in the Farmer's Almanac. Evening dinners and banquets which are scheduled in conjunction with on-site golf tournaments shall be allowed to users of the clubhouse, restaurant and bar on the same day as the scheduled on-site golf tournament provided the clubhouse, restaurant and bar close no later than. 9:00 p.m. (year round). Parking lot lighting shall be turned off at 9:30 p.m. 61. The applicant prior to the issuance of building permits, shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning & Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances and compliance with conditions of approval and mitigation measures. 62. Separate architectural approval and permits shall be required fo:r all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of occupancy permits. 63. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. All construction access routes and staging areas of equipment 'shall be shown on the grading plan or other approved document. ' 64. All construction related vehicles shall use the main entrance for the project site. If alternative routes are needed, the applicant shall submit a routing plan to the; Director of Planning & Building for review and approval prior to the use of alternative routes. Alternative routes shall only be used by vehicles that cannot make steep climbs or turning restrictions. 65. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" ��/DI deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the 7 public streets, roadways or gutters. 66. This project shall be subject to the Public Arts Fee as required in Section 9311.00 of the Zoning Ordinance. Said fee is 1% of the total value of work as determined by the ' Department of Building and Safety and payable prior to issuance of building permits. Should the fee be utilized to locate the public art on the project site, said location shall be reviewed and approved by the Director of Planning & Building. 67. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 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. Roof mounted equipment is discouraged for all buildings since equipment may be visible from higher elevations. 68. All materials on the flat portions of the roof shall be earth tone in color. 69a. An exterior lighting plan in accordance with the lighting ordinance in effect at the time shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot 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. 69b. Outdoor lighting of the practice area, driving range and golf course is strictly prohibited. 69c. Illumination levels in the parking area shall be an average of one-foot candle with a ratio of average light to minimum light of four to one (4:1). Reduced lighting levels on the north one-half portion of the parking lot may be approved to reduce glare. The proposed ballards along the north portion of the parking lot shall not exceed (5) feet in height. 69d. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 69e. Parking lot lighting for the main parking lot area that does not include the condominium unit parking spaces and guest parking spaces, shall be turned off two (2) hours after sunset for the entire night. Minimum parking lot lighting for security purposes shall be subject to approval by the Director of Planning & Building. Note: See condition of approval 60c for exception to this provision. 70. Submit plans meeting City Zoning Ordinance and standard plans for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 71. The street address numbering/lettering shall not exceed eight inches in height. 72. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan for review and approval. 73. No outside storage of any kind shall be permitted except as approved by the on the site plan. 74. 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. 75. No exterior downspouts shall be permitted on any facade on the; proposed buiilding(s) which are visible from adjacent streets or residential areas. 76. Compact and handicapped spaces shall be; appropriately marked per Section 9306.00C 10. 77. 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 in No. 78 below. The spaces eliminated from the parking islands shall be provided on-site as paved parking spaces. 78. 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. 79. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops unless alternate is approved by the Director of Planning & Building. ' 80. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet. wide. 81. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide and shall not exceed 40% of the total parking stalls provided. 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". 82. 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. 83. 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 nnaneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. POLICIE DEPARTMENT 84. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs ]Municipal 1 Code. BUILDING DEPARTMENT T 85. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 86. The project shall comply with all adopted uniform codes and ordinances and other ' nationally recognized fire prevention standards. OTHER CONDITIONS 87. In the event the applicant does decide to seek public financing for the project, the economic analysis report as required per the Memorandum of Understanding shall be prepared and submitted to the City for review and approval.