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HomeMy WebLinkAbout19789 - RESOLUTIONS - 5/17/2000 RESOLUTION NO. 19789 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING, SUBJECT TO THE CONDITIONS STATED, CASE NO. 5.0830 (PLANNED DEVELOPMENT DISTRICT NO. 260) AND TENTATIVE TRACT MAP NO. 29691 TO PALM SPRINGS NEW MILLENNIUM DEVELOPMENT, INC., FOR A PRELIMINARY PLANNED DEVELOPMENT DISTRICT FOR THE DEVELOPMENT OFA MULTI-PHASED, MIXED USE PROJECT CONSISTING OF A 198-ROOM HOTEL FACILITY, A 176-UNIT VACATION OWNERSHIP FACILITY,RESTAURANTS,A200-SEAT OBSERVATORY LOUNGE, A 7,000 SQUARE-FOOT SPA AND OTHER ASSOCIATED RECREATIONAL AMENITIES, TOTALING APPROXIMATELY 168,049SQUARE FEETOF BUILDING AREA ON 11.41 GROSS ACRES OF LAND, AND THE SUBDIVISION OF THE 11.41 GROSS ACRE SITE INTO NINE (9) PARCELS, RANGING IN SIZE FROM 0.35 ACRES TO 3.23 ACRES,AS WELL AS THE SUBDIVISION OF THE SITE FOR CONDOMINIUM PURPOSES, LOCATED ON THE WEST SIDE OF SOUTH PALM CANYON DRIVE, APPROXIMATELY 275 FEET NORTH OF MESQUITE DRIVE AND EAST OF THE FUTURE EXTENSION OF BELARDO ROAD, C-1 AND R-3 ZONES, SECTIONS 22 AND 23, AND MAKING FINDINGS IN SUPPORT THEREOF. WHEREAS, Palm Springs (the"Applicant") has filed an application with the City pursuant to Section 9403.00 of the Zoning Ordinance, Case No. 5.0830 (Preliminary Planned Development District No. 260)and pursuant to Section 9.60 of the Palm Springs Municipal Code, Tentative Tract Map No. 29691 for the development of a multi-phased, mixed use project consisting of a 198-room hotel facility, a 176-unit vacation ownership facility, restaurants, a 200-seat observatory lounge, a 7,000 square-foot spa and other associated recreational amenities, totaling approximately 168,049 square feet of building area on 11.41 gross acres of land, and the subdivision of the 11.41 gross acre site into nine (9) parcels, ranging in size from 0.35 acres to 3.23 acres, as well as the subdivision of the site for condominium proposes, located on the west side of South Palm Canyon Drive, approximately 275 feet north of Mesquite Avenue and east of the future extension of Belardo Road, C-1 and R-3 zones, Sections 22 and 23; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Case No. 5.0830 - Preliminary Planned Development 260 (PD 260) and Tentative Tract Map No. 29691 were given in accordance with applicable law; and WHEREAS, on April 26, 2000, a duly noticed public hearing on the application for Case No. 5.0830 (PD 260) and Tentative Tract Map No. 29691 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on April 26, 2000, the Planning Commission recommended approval 5-1-1 to the City Council of Case No. 5.0830 (PD 260) and Tentative Tract Map No. 29691 subject to the conditions contained in Planning Commission Resolution No. 4690; and I I R19789 Page 2 WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Preliminary Planned Development 260 (PD 260) and Tentative Tract Map No. 29691 were given in accordance with applicable law; and ' WHEREAS, on May 17, 2000, a duly noticed public hearing on the application for Case No. 5.0830 (PD 260) and Tentative Tract Map No. 29691 was held'by the City Council in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Tract Map No. 29691, 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 Subdivision 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 proposed project (PD 260 and Tentative Tract Map No 29691), is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; 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 initial study, the proposed Mitigated Negative Declaration 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: The final Mitigated Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA procedures contained in the City's CEQA Guidelines. The Planning Commission has previously reviewed and considered and the City Council has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed project, which includes mitigation measures for traffic and circulation such as, the payment of Transportation Uniform Mitigation Fund (TUMF) fees upon issuance of building permits, the contribution of intersection improvements at project entrance on South Palm Canyon Drive, the dedication of the full half street right-of-way on Belardo Road from Mesquite Avenue to the north project boundary, a roadway extension of Belardo Road from Mesquite Drive to the westerly frontage of the project, mitigation measures for water such as the construction of buildings outside the: limits of the flood innundation area of the Tahquitz Creek Flood Control Channel, mitigation measures for aesthetics including, but not limited to, stepping the building massing back from South Palm Canyon Drive and providing lower profile buildings along the western perimeter of the site, and requiring a detailed site and building lighting plan that demonstrates compliance with Zoning Ordinance requirements and mitigation measures for Cultural Resources(completion of a data recovery program) and that, on the basis of the initial study and comments received during the public review ' process, there is no substantial evidence that there will be any significant adverse environmental effects as a result of the approval of this Project. The; City Council further finds that the Mitigated Negative Declaration reflects its independent judgment. 11 t6x R19789 Page3 Section 2: Pursuant to Government Code Section 66473.5. the City Council finds that the proposed subdivision 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 and any applicable specific plan; and Section 3: Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies and general land use provided in the City's local open space plan; and Section 4: Pursuant to Government Code (Subdivision Map Act) Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Map is consistent with applicable general and specific plans. The application entails subdividing 11.41 gross acres (10.67 net acres) into nine (9) lots, generally corresponding with the phase lines proposed by the applicant, for the development of a multiple-phased mixed use resort. In addition, the application contemplates the subdivision of the property for condominium purposes for the timeshare component of the project. The subject property is designated as "RC" (Resort Commercial) and "H" (Residential High) on the City's General Plan Land Use Map and "C-1" (Central Retail Business Zone) and "R-3" (Multi-Family and Hotel Zone) pursuant to the Zoning Map consistent with the existing General Plan designations. The purpose of the Resort Commercial General Plan designation is to promote large-scale resort hotel complexes and major commercial recreation attractions integrated with retail and entertainment facilities, in areas outside the downtown area where automobile-oriented access is most appropriate. Hotels and similar types of resort housing are also specified as a recommended land use pursuant to the High Density Residential designation in the General Plan. The project complies with the General Plan, in that the development and uses proposed (resort hotel with related amenities, the residential timeshare component and proposed restaurant) are consistent with the intended uses within the applicable General Plan designations and, with the mitigation measures recommended in the Environmental Assessment, will not have a significant impact on the surrounding neighborhood. b. The design or improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. The subject site is designated"RC"(Resort Commercial)and"H" (Residential High) pursuant to the General Plan Land Use Map and "CA" (Central Retail Business Zone) and "R-Y (Multi-Family and Hotel Zone) pursuant to the Zoning Map. The project has been designed to be consistent with General Plan Policies 3.8.1 and 3.8.2 relative to High Density Residential development and General Plan Policies ` 3.22.1 through 3.22.5 relative to Resort Commercial development. The design and improvement of the proposed subdivision and related mixed use project will also be compatible with the existing General Plan designations as described above in Section 4(a) and will be compatible with existing land use designations to the north, where a restaurant currently exists and with the automotive dealership to the south. South Palm Canyon Drive will serve as a significant buffer from any land use(s) to the east, where a Resort Commercial land use is contemplated per the General Plan. Adjacent to the balance of the north property line is the Tahquitz Creek Flood 11493 t19789 'age 4 Control Channel, and lands on the north side of the channel are designated Resort Commercial pursuant to the General Plan, consistent with the designation of the project site. Properties immediately west of the site are vacant and designated , High Density Residential per the General Plan. Belardo Road, which is designated as a Secondary Thoroughfare on the General Plan Land Use Map, will serve as a significant buffer between the project site and the property to the west, even though the site designation is consistent with the westernmost portion of the property and could be developed with a similar residential density to that of the proposed project. Thus, the subdivision and related planned development should be compatible with the surrounding neighborhood. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. The project is located on approximately 11.41 acres of vacant land that is predominately covered with native scrub vegetation and rock outcroppings. Curb, gutter, sidewalk and mature palms currently exist along the South Palm Canyon frontage. The site slopes generally from northwest to southeast with approximately 35 feet of fall across the project site. The project falls within the range of allowable densities permitted in the"C-1"and"R-3"zones, and has been designed to comply with all property development and/or performance standards of these zones, as required by the Zoning Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The proposed subdivision is consistent with all applicable environmental plans, and is compatible with existing land uses in the immediate vicinity of the project site. Adequate street frontage , exists to allow for smooth and efficient vehicular and pedestrian access to the site and to minimize interference with traffic flows on existing or planned thoroughfares adjacent to the project site. Thus, the site is physically suitable for the type of development contemplated by the proposed subdivision. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. As described above, the site slopes generally from northwest to southeast with approximately 35 feet of fall across the project site. The project falls within the range of allowable densities permitted in the "CA" and "R-3"zones, and has been designed to comply with all property development and/or performance standards of these zones, as required by the Zoning Ordinance, with the excerption of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The proposed subdivision and related mixed use project contemplated under Planned Development District No. 260 will be compatible with existing General Plan land use and zoning designations to the north, east and west, based on the proposed density contemplated under the proposed development. Although there are lots within the proposed subdivision that do not meet the minimum lot size of 20,000 square feet, as contemplated Per the Planned Development District, the design of the integrated, master-planned project will not give the appearance that lots do not ' minimum lot size criteria. The project is consistent with the proposed density of development previously contemplated but nevercompleted on property immediately east of the site, across South Palm Canyon Drive. Along the south property line, where an automotive dealership currently exists, it will be required through the final development plan process that a sufficient landscape buffer from the existing I I Iq R19789 Pages automotive dealership to the south be incorporated into the project design to mitigate any land use compatibility concerns. Thus, the density of the proposed subdivision and related planned development will be compatible with surrounding ® neighborhood. e. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. Conditions of this subdivision and related planned development will require full public improvements along South Palm Canyon Drive and Belardo Road to be completed to the satisfaction of the City, with the development. The project site is on the fringe of the urbanized area of the City with existing development in three direction and has not been identified to be within an area of biological concern or an area that would have any substantial impacts on fish or wildlife or their habitat. With the required street improvements and other mitigations recommended pursuant to conditions of approval for this project, the design of the proposed subdivision and the proposed improvements contemplated under the proposed planned development are not likely to cause substantial environmental damage. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the requirements for traffic signalization and a landscaped median island on South Palm Canyon Drive, street widening and re- striping (where applicable) on perimeter streets, and, a combination screen wall/landscape buffer to minimize the potential noise and aesthetic impacts between the proposed subdivision from the adjacent automotive dealership to the south. g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The off-site improvements,which are required by the Zoning Ordinance, are related to the project since patrons and employees of the project must use South Palm Canyon Drive and Belardo Road to access the site. Currently, the subject property is vacant and therefore little or no usage of surrounding roads, sidewalks and utilities is due to the subject property at this time. However, the future property owner will benefit from any improvements made to the above streets such as street widening, traffic signalization and other traffic controls and aesthetic features, such as landscaped median islands. Section 5: Pursuant to Section 9403.00 of the Zoning Ordinance,the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance. The proposed Planned Development District will allow for a mixed of commercial I f BJ and residential uses, including a 198-unit hotel facility, a 176-unit vacation ownership facility, restaurants, a 200-seat observatory lounge, a 7,000 square-foot spa and other associated recreational amenities, totaling approximately 168,049 19789 age 6 square feet of building area, is permitted pursuant to Section 9403.100 (Planned Development District). b. The proposed Planned Development District is consistent with the ' applicable general and specific plans. The subject property is designated as "RC" (Resort Commercial) and "H 43/21" (High Density Residential) on the City's General Plan Land Use Map and "C- 1"(Central Retail Business Zone) and "R-3" (Multi-Family and Hotel Zone) pursuant to the Zoning Map. The purpose of the Resort Commercial General Plan designation is to promote large-scale resort hotel complexes and major commercial recreation attractions integrated with retail and entertainment facilities, in areas outside the downtown area where automobile-oriented access is most appropriate. Hotels and similar types of resort housing are also specified as a recommended land use pursuant to the High Density Residential designation in the General Plan. The project complies with the General Plan, in that the development and uses proposed (resort hotel with related arnenities, the residential timeshare component and proposed restaurant) are consistent with the intended uses within the applicable General Plan designations and supports its goals and policies. C. 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 zones in which the proposed use is to be located. The proposed Preliminary Planned Development District application for a mixed use ' project, consisting of a 198-unit hotel facility, a 176-unit vacation ownership facility, restaurants, a 200-seat observatory lounge, a 7,000 square-foot spa and other associated recreational amenities, totaling approximately 168,049 square feet of building area will provide resort commercial services geared toward tourists of the community, consistent with the objectives of the Resort Commercial and High Density Residential components of the General Plan and the zones in which the site is located (i.e. the site is zoned "C-1" and "R-3" with a Resort Overlay zone). The planned development will provide additional tourist opportunities and associated conveniences as well as an additional restaurant amenity for tourists and residents alike, in a location within the City's Resort Overlay District along South Palm Canyon Drive, outside of the immediate downtown area, where the type of development proposed under this application is most appropriate to handle the projected amount of automotive traffic and related on-site parking. The subject project incorporates upgraded architectural styles and landscaping in orderto blend in aesthetically with surrounding developments. Additionally, driveways have been located on the South Palm Canyon Drive and Belardo Road street frontages in a manner that will provide safety and aesthetic benefits and is consistent with policies of the General Plan. d. The design or improvements of the proposed planned development are consistent with the General Plan. The subject site is designated"RC"(Resort Commercial)and"H"(Residential High) II ' pursuant to the General Plan Lund Use Map and "C-1" (Central Retail Business Zone) and "R-3 (Multi-Family and Hotel Zone) pursuant to the Zoning Map. The project has been designed to be consistent with General Plan Policies 3.8.1 and 3.8.2 relative to High Density Residential development and General (Plan Policies :,r R19789 Page 7 3.22.1 through 3.22.5 relative to Resort Commercial development. The design and improvement of the proposed subdivision and related mixed use project will also be compatible with the existing General Plan designations as described above in Section 4(a) and (b) and will be compatible with existing land use designations to the north, where a restaurant currently exists and with the automotive dealership to the south. South Palm Canyon Drive will serve as a significant buffer from any land use(s) to the east, where a Resort Commercial land use is contemplated per the General Plan. Adjacent to the balance of the north property line is the Tahquitz Creek Flood Control Channel, and lands on the north side of the channel are designated Resort Commercial pursuant to the General Plan, consistent with the designation of the project site. Properties immediately west of the site are vacant and designated High Density Residential per the General Plan. Belardo Road, which is designated as a Secondary Thoroughfare on the General Plan Land Use Map, will serve as a significant buffer between the project site and the property to the west, even though the site designation is consistent with the westernmost portion of the property and could be developed with a similar residential density to that of the proposed project. Thus, the proposed planned development should be compatible with the surrounding neighborhood. e. 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 (i.e. the site is physically suitable for the type of development contemplated by the planned development). The project is located on approximately 11.41 acres of vacant land that is predominately covered with native scrub vegetation and rock outcroppings. The project falls within the range of allowable densities permitted in the "C-1" and "R-3" zones, and has been designed to comply with all property development and/or performance standards of these zones, as required by the Zoning Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section 9403.00 of the Zoning Ordinance (Planned Development District). The purpose of the Planned Development District is to provide for various types of land uses which can be combined to create a compatible relationship with each other while following good zoning practices and the General Plan and allow desirable departures from the strict provisions of the specific zone classifications where desirable. The Immediately to the east of the project site, across South Palm Canyon Drive, a large-scale resort planned development was approved but never built that encompassed pursuant to Section 9304.00 of the Zoning Ordinance (Highrise Buildings). Adequate street frontage exists to allow for smooth and efficient vehicular and pedestrian access to the site and to minimize interference with traffic flows on existing or planned thoroughfares adjacent to the project site. Thus, the proposed planned development is compatible with existing land uses in the immediate vicinity of the project site and is physically suitable for the type of development contemplated by the proposed planned development. f. The site is physically suitable for the proposed density of development contemplated by the proposed planned development. II � • As described above, the site slopes generally from northwest to southeast with approximately 35 feet of fall across the project site. The project falls within the l range of allowable densities permitted in the "C-1" and "R-3" zones, and has been designed to comply with all property development and/or performance standards of R19789 "age 8 these zones, as required by the Zoning Ordinance, with the exception of the proposed building height, landscape coverage, minimum lot sizes of the master plan and required parking, all of which have been considered pursuant to Section ' 9403.00 of the Zoning Ordinance (Planned Development District). The proposed mixed use project contemplated under Planned Development District No. 260 will be compatible with existing General Plan land use and zoning designations to the north, east and west, based on the proposed density contemplated under the proposed development. As referenced above, the project is also consistent with the proposed density of development previously contemplated but never completed on property immediately east: of the site, across South Palm Canyon Drive. The project site is separated from existing land uses to the north by the Tahquitz Creek Flood Control Channel, to the east and west by existing or future streets. Along the south property line, where an automotive dealership currently exists, it will be required through the final development plan process that a sufficient landscape buffer from the existing automotive dealership to the south be incorporated into the project design to mitigate any land use compatibility concerns. Thus, the density of the proposed planned development will be compatible with surrounding neighborhood. g. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed Planned Development is bordered on two sides (east and west) by existing or future roadways, one of which is a major thoroughfare (South Palm Canyon Drive) and one of which is a secondary thoroughfare (Be:lardo Road). A traffic report was conducted for the planned development which concluded that, ' based on the estimate of 4,070 project related trips per day, no additional traffic lanes will be required to provide acceptable levels of service at key surrounding intersections in the future. However, the proposed shared access with the existing restaurant to the north and east of the site will require siginalization upon development of the project. In addition, the project proponent wfl be required to contribute to roadway improvements of regional benefit by participating in the Transportation Uniform Mitigation Fund (TUMF)program and compdywith the City's Transportation Demand Management(TDM) Ordinance. All of these items, as well as other secondary transportation related items, have been incorporated into the recommended Conditions of Approval for the project (Exhibit A). With these conditions in place, the vehicular circulation system will not be negatively impacted by trips generated from this project. In. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any 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 traffic signal installation, street dedication,widening and/or construction, provisions for delivery truck access, new curbs, gutters and sidewalks, and a landscape/wall buffer between the project and the adjacent automotive dealership. i. A nexus and rough proportionality have been established for requirement. of �(+ ' dedication of the additional right-of-way to the City and the off-site improvements as related to the Planned Development District. R19789 Page 9 The conditions requiring off-site improvements which are required by City ordinances are related to the proper function of the project in the proposed location. Patrons and employees will utilize the three surrounding streets to access the site. Conditions of approval require additional street dedication and widening, installation of a traffic signal, and the construction of a raised, landscaped median island, the installation of street lights along South Palm' Canyon Drive, as well as the installation of public improvements such as, but not limited to, pavement, striping, curbs, gutters and sidewalks, and street lights on Belardo Road. All of the required off-site improvements will provide direct and immediate safety benefits to the patrons and owners of the proposed project and the requirements will provide for an aesthetically pleasing site for its users to enjoy. The required improvements are in rights-of-way immediately adjacent to the site, which must be utilized by those accessing the subject site. These improvements and/or mitigation include the payment of Transportation Uniform Mitigation Fund (TUMF)fees upon issuance of building permits of all phases of the project, the installation of a bus bay turnout along the South Palm Canyon Drive frontage, as well as the required improvements mentioned above. Without the proposed project, which will provide for approximately 168,049 square feet of resort-oriented commercial uses, generating traffic and site users, these improvements would not be warranted since the site is currently vacant and not currently impacting any City rights-of-way. Section 6: Pursuant to Section 9315.00 of the Zoning Ordinance,the City Council finds that: a. Pursuant to the Zoning Ordinance Section 9315.00 B,the use or occupancy of land on a timeshare basis is authorized by the City's Zoning Ordinance within the "C-1" and "R-Y zones, subject to the provisions of Section 9402.00 of the Zoning Ordinance (Conditional Use Permit); b. The use or occupancy of land on a "time-share" basis is being considered pursuant to the provisions of Section 9403.00 of the Zoning Ordinance (Planned Development District)whereby the Planning Commission and City Council shall find that the proposed uses as shown on the preliminary development plan are in conformity with said section as well as Section 9402.00 of the Zoning Ordinance (Conditional Use Permits) the General Plan and sound community development. The findings for said planned development are outlined above in Section 5 of this Resolution; C. The "time-share" component of the project will require the applicant to comply with the applicable provisions Section 9315.00 of the Zoning Ordinance referenced above and Chapter 3.28 of the Palm Springs Municipal Code (Time-Share Occupancy Tax), and the review of the Covenants, Codes and Restrictions (C,C and R's) by the City; d. The time-sharing project will not have a significant impact on transient or permanent rental stock; e. The time-sharing project does not create a nonconformity with current zoning regulations and the General Plan; and Ills f. The time-sharing project does not create a nonconformity with existing uniform building and fire codes. R19789 Page 10 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby issues a mitigated negative declaration and approves Case No. 5.0830 (Planned Development District No. 260) and Tentative Tract Map No. 29691 subject to those ' conditions set forth in the in Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless other specified. ADOPTED this 17th day of May , 2000. AYES: Members Jones, Hodges, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Interim City Manager City Clerk REVIEWED AND APPROVED: 1 VICINIn' MAP �I N.T.S. PAMON ROAD GNIINO PNOM-A Q �i Z 5UNNY V OUNE5 ROAD w RA/ER51DE DRNE4x 2 ME50UIrE AVENUE PnOJJEGT' 5/TE IM7 MR CITY OF PALM SPRINGS CASE NO. 55'OB�(pD2w) DESCRIPTION 7T17 2969I APPLCATION POR A APPLICANT pALI15PRING5 NEW M�O AL POR n Re�,Pr hOTTL r MILLENNIUM DEVELOPMENT INC. LOGATED NfN RlE CORNER OF 50Ur17 PALM CANYON AND ME5OUfrE AVENUE,G I ff R-�ZONE,SEC.22 ff Z�. EXHIBIT A ' CASE NO. 5.0830 PLANNED DEVELOPMENT 260 TENTATIVE PARCEL MAP NO. 29691 STAR CANYON MIXED - USE PROJECT PALM SPRINGS NEW MILLENNIUM DEVELOPMENT, INC. APRIL 26, 2000 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, 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 DEPARTMENT: 1. The proposed development of the premises shall conform to all applicabdle regulations of ' the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers and employees from any claim, action or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case No. 5.0830/ PD 260 / TPM 29691. 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 the matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. Pursuant to Fish and Game Code Section 711.4, a filing fee of$78.00 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 be in the form of a money order of cashier's check payable to Riverside County. 4. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlines as part of the negative declaration or EIR will be included in the plans prior to City Council consideration of the environmental assessment. 5. The final development plans shall be submitted accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. Final landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final plans shall be submitted and approved by the Planning Commission prior to issuance of building permits. 6. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 7. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 8. 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. 9. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" 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 i public streets, roadways or gutters. 10. 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. 11. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant Palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive (replace or relocate as necessary). 12. 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 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 in accordance with all ordinances and conditions of approval contained herein. The applicant shall submit to the City of Palm Springs, a deposit in the amount of ' Five Thousand Dollars ($5,000), for the review of the CC&R's, by the City Attorney. 13. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for Review and approval as part of the final development plans. 14. All materials on the flat portions of the roof shall be earth tone in color. 15. 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 buildings(s). The exterior elevations and roof plans of the buildings shall indicated any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall tie at least 6" above the equipment for the purpose of screening. 16. 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. 17. Perimeter walls shall be designed, installed and maintained compliance with the corner cutback requirements as required in Section 9302.00.D. 18. 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. 19. The street address numbering/lettering shall not exceed eight inches in height. 20. Construction of any hotel and/or 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 prior to issuance of building permits. 21. 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 and 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 Ibe mounted on buildings, down-lights shall be utilized. 22. Illumination levels in the parking area shall be an average of one-foot candle with a ration of average light to minimum light of four to one (4:1). 23. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 24. Submit plans meeting City standard for approval on the proposed trash and recyclable; materials enclosure prior to issuance of a building permit. ' 25. This project shall be subject to Chapters 2.224 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 the 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 review and approved by the Director of Planning and Building 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. 26. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 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, employees' vehicles ( hotel and timeshare) 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. Loading space facilities shall be provided in accordance with Section 9307.00 if the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 32. 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 # 33 below. 33. 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. 34. Parking stalls shall be delineated with a 4 to 6 inch double strip-hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 35. 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. 36. Tree wells shall be proved within the parking lot and shall have a planting area of six feet in diameter/width. 37. 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". 38. 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. 39. Compact and handicapped spaces shall be appropriately marked per Section 9306.00OOC 10 of the Zoning Ordinance. 40. Curbs shall be installed at a minimum of five (5) 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 buildings adjoining driveways. 41. All awnings (if any) shall be maintained and periodically cleaned. 42. The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code ' for specific requirements. The draft plan shall be submitted prior to issuance of building permits and approved prior to issuance of the Certificate of Occupancy for Phase I. 43. That the developer either dedicate or grant an easement to the City for the relocation and operation of an equestrian tie up area in the northeast corner of the :site or alternatively work with the City and Riverside County Flood Control District and Water Conservation District to relocate existing on-site facilities to the Tahquitz Creek Flood Control facility immediately adjacent to the subject property. Pedestrian access to the Rock Garden Cafe shall also be provided for and constructed. 44. That the applicant shall work with Mac Magruder Chevrolet to create adequate sight distance across the subject property to maintain reasonable sight access to existing signs and the applicant shall work to, develop a mutually agreeable site plan for the area adjacent to South Palm Canyon Drive between the southerly site driveways and the automobile dealership. These issues shall be resolved prior to approval of final development plans, and detailed site improvement plans shall be submitted for review and approval by the Planning Commission. 45. That the developer shall work with the City to prepare a South Palm Canyon Drive street improvement program (between Sunny Dunes and Mesquite Avenue). This program shall include median islands and landscaping thereof, decorative light fixtures, castle banners, and entry statement (at Mesquite Avenue) and other streetscape amenities. The plan shall be submitted as part of Final Planned Development District and the applicant shall be responsible for constructing improvements adjacent to its property and ' for required share of off- site improvements. (See Engineering Division - Median Island requirements). 46. a)That the approval of this project is based upon the specific architectural design of the buildings, site plan, building materials, landscape and other design elements. Final development plans and construction documents shall contain the same level of detail and high quality building materials. The City reserves the right to disapprove final development plans and/or construction plans and specifications if architectural or building materials are proposed to be changed. b) That prior to installation of exterior materials to the building, the Contractor shall construct a full scale sample exterior material and finish sample on site construction materials, showing all workmanship and finishes. Said exterior material and finish sample shall be approved by the Design Review Committee (changed by the Planning Commission at its 4/26/00 meeting). 47. No time-share units shall be offered for sale or sold until there is a valid final subdivision public report for the sale of such timeshare rights or entitlement issued by the Department of Real Estate of the State of California. A copy of the final public report shall be provided to the City by the applicant. 48. That prior to approval of the final Planned Development District, the applicant shall provide a detailed time-share management program, including, but not limited to all methods to guarantee adequacy, stability, and continuity of a first class level of management (including sales/marketing) and maintenance of the time-share component of the project. This detailed program shall be submitted to and approved by the Director of Planning and Building. 49. That a land use permit shall be required for the proposed free-standing restaurant and for any proposed outdoor entertainment on the subject property. 50. That all employees of the hotel and timeshare project, including but not limited to time- share sales staff and restaurant staff, shall be required to park on-site and shall not be directed or encouraged to park off-site, unless a parking management plan is approved or off-site parking is approved as an element of the Transportation Demand Management Program. 51. On-site driveways shall meet City code requirements for width and design. 52. That the applicant/owner may proceed with Phase I prior to proceeding with Phase II provided the following terms and conditions are complied with: A. Complete Phase I final Planned Development Plans are submitted and approved by the Planning Commission. B. That construction plans for Phase II have been submitted to the Planning Commission for a progress evaluation, and that construction plans show substantial progress (60% - 80% complete), such that a complete plan check submittal can be made within 120 days of the Phase I building permit issuance. C. That the entire site grading plan shall be submitted and approved prior to issuance of Phase I building permits. D. That proof of financing the entire project shall be submitted by the: project lender for review and approval of the Director of Planning and Building and Director of ' Finance. E. That all required covenants, security and/or bonds shall be completed, approved and accepted by the City Engineer and City Attorney (as ncessary). 53. That the proposed architectural detail be approved subject to review of final development plans and incorporation of specific details and materials as proposed. Prior to submittal of full final development plans, the applicant shall submit progress architectural plans for Design Review Committee review and approval. 54. That the perimeter landscape areas (Belardo Road, Tahquitz Creek, and south area) tie increased where possible and that large size and scale trees be utilized. 55. That pedestrian access facilities be added along the Belardo Road frontage, Tahquitz Creek, and along South Palm Canyon Drive. Decorative paving, walk lights, and other amenities shall be incorporated into the design. Design features of the Heritage Trail project should be added along Belardo Road. Specific details shall be incorporated into final development plans. 56. That decorative paving shall be added at project entries and pedestrian .:access points. 57. That the southerly portion of the proposed restaurant adjacent to South Palm Canyon Drive shall be re-designed. 58. That the required CC&R's for the project shall include a provision that day use of on-site ' pool and recreation areas by timeshare owners and other individuals not currently staying at the facility shall be prohibited. 59. That the main entry driveway shall have one median island break to allow egress from the Rock Garden Cafe parking lot. POLICE DEPARTMENT; 60. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. 61. Developer shall consult with the Chief of Police regarding final design of the project regarding public safety and security issues. Recommendation of the Chief of Police shall be incorporated into the final design of the project and if necessary project CC&R's. WASTE DISPOSAL SERVICES: 62.. The location of the trash enclosures is acceptable subject to approved construction details approved by the Director of Planning and Building with approved City details. BUILDING DEPARTMENT: ' 63. Prior to any construction on-site, all appropriate permits must be secured. a FIRE DEPARTMENT: 64. Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1996 National Electrical Code, City of Palm Springs Ordinance 1570, Desert Water Agency requirements plus NFPA 13, 14 and 24. 65. Fire Department access roads shall be provided and maintained in accordance with the 1998 California Fire Code, Article 9, Section 902. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14'6". Cul-de-sac streets or curves shall be designed with a minimum turning radius of 43 feet on center. 66. Construction site fencing required per City of Palm Springs Ordinance 1570. 67. Construction site fire department access gates shall be at least 14 ft. in width and equipped with a frangible chain and padlock. 68. A construction site guard is required for combustible construction per City of Palm Springs Ordinance 1570. The guard shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. 69. The guard must be on duty at the construction site during all normal non-working hours or as the Fire Marshall deems necessary. 70. Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes located as directed by the fire department, but not later than the time when combustible materials are delivered to the construction site. 71. Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. i 72. Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. 73. Complex fire apparatus access gates are required and shall be an unobstructed 14 ft. in width. Gates shall be equipped with a KNOX locking device /switch or key box per California Fire Code, Article 9, Section 902.4. Contact this office for KNOX application form. 74. The KNOX fire /police/ambulance/ rapid entry system is the only lock box, lock vault, key cabinet, key switch, padlock, FDC cap, or decal approved for use by the City of Palm Springs Fire Department. 75. Water supplies and fire hydrants shall be in accordance with 1998 California Fire Code, Article 9, Section 903, and Desert Water Agency Specifications. 76. A complete automatic fire extinguishing system equipped with 24 hour monitoring is required in accordance with 1998 California Fire Code, Article 10, Sec. 1003, 1998 California Building Code, Chapters 3,4,5,9,10, City of Palm Springs Ordinance 1570 plus NFPA 13 and 24. , 77. The design and installation of an automatic fire sprinkler system shall only be done by a licensed C-16 Fire Sprinkler Contractor in accordance with the 1998 California Fire code, 1998 California Building Code and NFPA Pamphlet 13. 78. Fire sprinkler contractor to submit detailed plans directly to this office as soon as possible. 79. Submittal to include manufacturers data/cut sheets and listings with expiration dates on all equipment and materials used. Include hydraulic calculations with submittal. 80. Sprinkler heads shall be new, UL listed and California State Fire marshal approved. 81. Monitoring and alarms shall be in accordance with 1998 California Fire Code and NFPA 71 and 72. 82. Class III standpipes required and shall be installed in accordance with 1998 Uniform Fire Code, Article 10, Section 1004, and 1998 California Building Code Chapter 9, Standard 9-2 and NFPA 14. Contact Building Official. 83. All fire service underground piping shall be installed in accordance with NFPA 24. 84. All fire service underground pipe and thrust blocks to be inspected by the Fire ' Department before backfilling. 85. Contact the Fire Department at least 24 hours in advance for all inspections and tests. 86. Fire alarm system is required. Installation and maintenance of a fire alarm system shall be in accordance with 1998 California Fire Code, Article 10, Section 1007, NFPA 12. Pamphlets 71, 72 and 760. A complete test of system shall be made by the Fire Department. Contact the Fire Department to schedule testing. 87. Fire alarm contractor to submit detailed plans directly to the Fire Department for review as soon as possible. Submittal to include manufacturers data /cut sheets and listings with expiration dates on all equipment and materials used. Include battery calculations with submittal. 88. Portable fire extinguishers shall be installed in accordance with 1998 California Code, Article 10, Standard 10. Provide one 2-A:10-B:C fire extinguisher for every 75 feet of floor or grade travel distance. Machine rooms require a minimum of a 10-B:C extinguisher. Cooking lines require a minimum of a 2-A:1-B:C:K fire extinguisher per NFPA Pamphlet 96 and UL-300. Final determination of the type of extinguishers and spacing to be determined by field inspector. 89. A ventilating hood and duct system shall be installed in all restaurant kitchens in accordance with the 1998 California Fire Code, 1998 California Building Code, NFPA 96 and UL-300. ' 90. An approved automatic hood and duct fire extinguishing system shall be provided for the protection of commercial -type cooking equipment in accordance with the 1998 California Fire Code, Article 10, Section 1006. Systems shall be installed in accordance with the NFPA 96 and UL-300. 91. Fire dampers shall be provided where air ducts penetrate fire-rated walls or ceilings. Contact Building Official for requirements and testing. 92. Smoke dampers and activating smoke and /or heat detectors shall be in accordance with the 1998 California Building Code and must be installed separately from the Fire Alarm System. The signals for these devices shall not be included with any fire alarm or waterflow signal. Contact Building Official for requirements and testing. 93. Exit doors, corridors , assemblies, gates, barriers, stairways and ramps shall be in accordance with 1998 California Building Code. Contact Building Official. 94. Exit illumination and exit signs shall be in accordance with 1998 California Building Code and shall be electrically illuminated. Contact Building Official. 95. Portable fire extinguishers shall be installed in accordance with 1998 California Code, Article 10, Standard 10. Provide one 2-A:10-B:C: fire extinguisher for every 75 feet of floor or grade travel distance. Machine rooms require a minimum of a 10:B:C extinguisher. Cooking lines require a minimum of a 2-A:1-B:C:K fire extinguisher per NFPA Pamphlet 96 and UL-300. Final location and type are to be determined by the field inspector. 96. Low level exit signs where required by 1994 California Building Code, Chapter 10 and Building Official shall be nuclear type as approved by the Fire Department. 97. Flame retardant treatment and standards shall be in accordance with 1998 California Fire Code. Submit certificates directly to the Fire Department as soon as possible. 98. Submit critical flux data for floor covering per 1998 California Building Code directly to the Fire Department for file as soon as possible. Contact Building Official for further information. 99. Occupancy classification shall be in accordance with 1998 California Building Code, Chapter 3. Contact Building Official. 100. Occupant load / room capacity shall be in accordance with 1998 California Building Code, Chapter 10, Section 1002. Contact building official for calculation. 101. Posting of occupancy or room capacity shall be in accordance with 1998 California Building Code, Chapter 10, Section 1002.3. Contact Building Official. 102. Provide the Fire Department with an 8 '/2" by 11" site plan. 103. A Fire Department access road providing access from Mesquite Avenue is required at the western perimeter of this project. Fire Department access roads shall be provided and maintained in accordance with the 1998 California Fire Code. They shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14' 6". Construction shall be all weather capable, able to support a fire truck weighing 67,000 pounds. The minimum turning radius shall be 43 feet from centerline. 104. A Fire Department access gate is required and shall be at least 14' in width and , equipped with a KNOX locking device. 105. Further comments as conditions warrant. ENGINEERING DEPARTMENT: The Engineering Department 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 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950- Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. 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. PALM CANYON DRIVE SOUTH 3. Dedicate an additional right-of-way of 10 feet to provide the ultimate half street width of 50 feet along the entire property frontage of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 4. Easements shall be granted for the portions of the bicycle path than leave the public right-of-way. 5. The property owner shall enter into a reciprocal access agreement with the owner(s), master lease and all sub-leases of the ingress and egress easement and provide a copy of same to the City Engineer prior to issuance of building permit. ' 6. Construct an 8 inch curb and gutter, 38 feet WEST of centerline along the entire frontage of the subject property to the existing bus turn out per City of Palm Springs Standard Drawing No. 200. 7. Construct BOTH sides of an 8 foot cross gutter and spandrel at the intersection of PALM CANYON DRIVE SOUTH and MAIN ENTRANCE AND SOUTH DRIVEWAY with a flow line parallel to the centerline of PALM CANYON DRIVE SOUTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 8. The south driveway approach shall be constructed in accordance with City of Palm Springs Standards and have minimum width of 24 feet. It shall be constructed to accommodate right turn in and right turn out turning movements only. The north driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have a maximum ingress and egress lane widths of 16 feet (minimum width 14 feet). 9. Construct an 8 foot wide meandering sidewalk along the entire PALM CANYON DRIVE SOUTH frontage. The sidewalk shall be constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Department. The concrete shall receive a broom finish. 10. Construct a curb ramp meeting current California State Accessibility standards both sides of the north and south driveways per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 11. Construct a 14-foot wide landscaped, raised median island as specified by the City Engineer from Mesquite Avenue West to the north property line. Provide a left turn pocket on the north side of the Mesquite Avenue West at Palm Canyon Drive South intersection and on the south side of the Palm Canyon Drive South at Main Driveway intersection. The nose width shall be 4 feet wide and shall have stone cobbles to the point where the desertscape can begin. The length of the turn pockets shall be determined per Caltrans Highway Design Manual Sec. 405 and be approved by the City Engineer. Developer shall enter into a reimbursement agreement with the City of Palm Springs prior to issuance of the grading permit. 12. , Construct AC pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. BELARDO ROAD SOUTH 13. Dedicate right-of-way of 40 feet to provide the ultimate half street width along the entire property frontage of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 14. Off-site ''Y2 street improvements on Belardo Road South from Mesquite Avenue to the project site shall be constructed and the developer may enter into the reimbursement agreement with the City of Palm Springs prior to issuance of the ' grading permit. 15. Construct an 8 inch curb and gutter, 32 feet EAST of centerline from Mesquite Avenue to the north side of the proposed driveway , with a 35 foot radius curb return at the intersection of Mesquite Avenue and Belardo Road Per City of Palm Springs Standard Drawing No. 200. 16. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. 17. Reconstruct the curb ramp meeting current California State Accessibility standards at the intersection of Mesquite Avenue and Belardo Road per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 18. Construct AC pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum sulbgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline from Mesquite Avenue to the north side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 110 and 325. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. Construct redwood headers along the west side of the proposed pavement 19. The developer shall pay his proportionate share of the cost of the Belardo Road , Bridge prior to issuance of building permits. The proportionate share of the cost shall be based on the project's estimated percent of traffic on Belardo Road as approved by the City Engineer. 20. The Engineering Department recommends deferral of off-site improvement ITEMS 21 thru 23 at this time due to lack of full improvements in the immediate area. The developer shall provide bonds or other security and agree to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The security shall be submitted with the Grading Plan. The Grading Permit will not be issued until completion of the security. * 21. Construct an 8 inch curb and gutter, 32 feet EAST of centerline from the north side of the proposed driveway to the north property line per City of Palma Springs Standard Drawing No. 200. * 22. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ( Note: See Planning Condition No.55 regarding Heritage Trail.) * 23. Construct ac pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 ' inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline from the north side of the proposed driveway to the north property to the north property along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 24. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 25. 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. 26. Submit a grading plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. 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. 27. The geotechnical engineer shall review the site design, development, grading and foundation construction phases of the work to assure compliance with design concepts, specifications and recommendations and allow design changes if it is found that subsurface conditions differ from the geotechnical report. 28. Drainage swales shall be provided adjacent to all curbs and sidewalks - T wide and 6"deep-to keep nuisance water from entering the public streets, roadways, or gutters. 29. 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. (This permit is required where construction activity results in land disturbance of 5 Ac. or more OR less than 5 Ac., but part of a larger common plan of development or sale.) 30. In accordance with City of Palm Springs Municipal Code, Section 8.60.00, 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. 31. Contact the Building Department to get PM10 requirements prior to request for grading permit. DRAINAGE 32. The developer shall accept alt 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. 33. The project is subject to flood control and drainage implementation fees. The ' acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 34. 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 950/0 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. 35. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 36. 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. 1115. Pavement shall be restored to a smooth rideable surface. 37. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this ' project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s)that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 38. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 39. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 40. 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. 41. 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. 42. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive. MAP 43. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department. 44. The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all areas of right-of-way or easement dedication shall be submitted to the City Engineer for review and approval with the Grant Deed. 45. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 46. The final traffic study shall be submitted to the City Engineer for approval prior to issuance of the grading permit. 47. 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 light poles, conduit, pull boxes and all ' appurtenances located on the PALM CANYON DRIVE SOUTH and BELARDO ROAD SOUTH frontages of the subject property. 48. The developer shall replace all damaged, destroyed, or modified (pavement legends and striping that is required by the City Engineer on the PALM CANYON DRIVE SOUTH frontage prior to issuance of a Certificate of Occupancy. 49. Separate striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 50. 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: Palm Canyon Drive South @ South Driveway Belardo Road South @ Driveway 51, The developer shall install a 3-phase traffic signal at PALM CANYON DRIVE SOUTH and MAIN ENTRANCE. The controller shall be designed for an 8-phase signal. A reimbursement agreement for 50 % of the cost of the installation shalll be entered into by the developer and the City. The agreement shall be executed and submitted to the Engineering Department prior to the issuance of the building permit. 52. 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 1996, or subsequent additions in force at the time of construction. 53. This property is subject to the Transportation Uniform Mitigation Fee based on the LODGING ITE Code C land use.