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HomeMy WebLinkAbout20104 - RESOLUTIONS - 7/5/2001 RESOLUTION NO. 20104 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0780-PD 268 FOR A PRELIMINARY PLANNED DEVELOPMENT DISTRICT NO. 268 INCLUDING A 500 ROOM RESORT HOTEL, 200 VACATION UNITS, 500,000 SQUARE FEET OF RETAIL, BUSINESS PARK AND OFFICE SPACE AND AN 18 HOLE GOLF COURSE, ON 273 ACRES SITE,AT THE INTERSECTION OF CRASSLY ROAD AND MESQUITE AVENUE, W-M-1 M-1, W ZONES, SECTION 20 WHEREAS, Lawrence Joseph Bow, Leonard Charles Bow, Arthur Diaz, Jr. , Belinda Sue Short and Ernest G. Noia, (collectively referred to as the"Applicant') have filed an application with the City, Case No. 5.0870, pursuant to Section 9403.00 for a Planned Development District for a 500 room resort hotel, 200 vacation units, 500,000 square feet of retail/commercial, office and business park uses, an 18 hole golf course and support facilities, and a General Plan Amendment to: 1) remove the Palm Spring Bypass transportation corridor from the Circulation Map; 2) delete the extension of Mesquite Avenue east of the Mid Valley Parkway from the Circulation Map; 3) modify Policy 3.30.1 with the addition of text; 4) add Policy 3:30.14 "The Mid Valley Center"to the General Plan; and 5) add a footnote to General Plan Land Use Density and Intensity Table(Page 1-27), Land Use, Commercial/Industrial, BI- Business/Industrial. WHEREAS the Applicant has filed a General Plan Amendment and a Planned Development District application with the City and has paid the required filing fees; and WHEREAS, the proposed development is considered a"project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Initial Study and Mitigated Negative Declaration has been prepared for this Project and has been distributed to the State Clearinghouse and responsible agencies and other interested parties for public review and comment in accordance with Section 21092(b)(1)ofthe California Public Resources Code(the California Environmental Quality Act); and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Planned Development District No.268 was issued in accordance with applicable law; and WHEREAS, on June 20, 2001, a public hearing on the application for Planned Development District No. 268 was held bythe Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented; and a � � Resolution 20104 Page 2 WHEREAS, on June 20. 2001, the Planning Commission voted to recommend that the City ' Council approve the establishment of Planned Development District No. 268; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an application for Planned Development District No. 268 was issued in accordance with applicable law; and WHEREAS, on July 5, 2001, a public hearing on the application for Planned Development District No. 268 was held by the City Council in accordance with applicable law; 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 written and oral testimony presented; and 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 a draft Mitigated Negative Declaration has been prepared and completes in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; the Initial Study and Mitigated Negative Declaration adequately addresses the general environmental setting of the proposed ' Project, its significant environmental impacts, and mitigation measures related to each potentially significant environmental effect for the proposed Project. The City Council therefore certifies the Initial Study and files the Mitigated Negative Declaration and Environmental Assessment as complete. Section 2: The City Council has reviewed and analyzed information contained in the Mitigated Negative Declaration priorto taking action on the General Plan Amendments and certify the Initial Study as complete and files Mitigated Negative Declaration and Environmental Assessment. The MND reflects the independent judgement of the City Council. The City Council finds that the mitigation measures are necessary to reduce or avoid significant impact to a level of less than significant and incorporates same herein by reference. Section 3: Pursuant to Zoning Ordinance Section 9402.00, the City Council finds that: 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. Pursuant to the Zoning Ordinance, resort hotels, vacation units, commercial, business park, industrial uses and golf courses are permitted or conditionally permitted uses within the W-M-1, M-1 zone, and golf course are allowed in the W zone. al z Resolution 20104 Page 3 ' b. The said uses are necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed project consists of an resort hotel,commercial offices and business park located on a golf course. The use is consistent with the objectives of the General Plan, and therefore not be detrimental to the existing or future uses permitted in the zone in which the use is located. A related General Plan Amendment adding a policy to establish the Mid Valley Center and including a description of the proposed project has been recommended for approval by the Planning Commission. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, pedestrian improvements, bicycle and equestrian trails and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The site is adequate in size and shape to accommodate the proposed uses. The proposed uses are compatible with existing and permitted future uses of land in the ' vicinity. d. The site for the proposed uses relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Infrastructure improvements including street improvements are required to carry the type and quantity of traffic generated by the proposed use. e. The conditions to be imposed are deemed necessary to protect the public health,safety and general welfare, of the existing neighborhood in which this project is situated. The conditions imposed are necessary to bring the project into compliance with applicable zoning, building, and other regulations to protect the public health, safety, and general welfare of the existing neighborhood in which this project is located. Resolution 20104 Page 4 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council ' hereby approves preliminary Planned Development District No.26'8 subjectto those conditions set forth in the attached Exhibit A, which are to'be satisfied prior to the issuance of building permits unless otherwise specified. ADOPTED this 51h day of July, 2001. AYES: Members Hodges, Jones, and Mayor Kleindienst NOES: None ABSENT: Members Reller-Spurgin and Oden ABSTENTIONS: ATT T: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and approved: a i� y re0 � � �1wM ./W./yyyywy� • • . • I� MWVMu�. /i.p ri irvrJi/.vi it/i r � r /•I/IL./iI�1✓SIG/�JG// - � .r 9'�I✓ram%i�G'%i%�%!%% � �� tee..-.----�.►��+v��i.: w\WW1/WWrM �,II%�r�%�I%rI!%I� _ _ W�gNANW/VII•► ✓/iJ/n/.IGI.Irr/III/ 1 IG/.IIN./iN•/iJ/VU. /•rN I%yid • ww�/M/MNwwMi\ w% VG/.A V•/MId•/1/U/�/W.N/WI/y1 ■ - iY�IG/�IIA /NrIiO/• M/1M/IM •v�w.w.niww ~ IRS I.Iw.Iwrww�.��w�wann^n� i �.rwrvwwa,.�.vwww� CITY OF PALM-- SPRINGS ' CASE NO, 5. Y.MI1/WrM N.HNH/1/ WI li 1 ' D No.268 . . . . . .. . . :. . Resolution 20104 Page 6 EXHIBIT A PLANNED DEVELOPMENT DISTRICT 5.0870-PD-268 MID VALLEY CENTER AND EL MIRADOR RESORT JULY 5, 2001 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. Timing and phasing of Conditions of Approval may be modified upon Planning Commission review of each project phase and/or if a Development Agreement is approved. Phasing of infrastructure shall be related to the needs of each project phase and the Planning Commission shall have the discretion to approve a phasing schedule to implement the following conditions"of approval. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING: 1. The proposed development of the premises shall conform to all applicable regulations of 1 the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the_City of Palm Springs, its legislative body,advisory agencies,or administrative officers concerning Case 5.0870 - POD No. 268 and the related the General Plan Amendments. 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. The Golf Course shall be constructed first, as Phase I. 4. Approval is granted for the preliminary Planned Development District No. 268, including , a 500 room resort hotel, 200 vacation units, a high tech business park featuring 500,000 square feet of retail, commercial, office and business park development, an 18 hole golf Resolution 20104 Page 7 Page 2 of 18 Mid Valley Center and El Mirador Resort Conditions of Approval course and related uses. 5. Additional site and development specific conditions of approval will be required as separate architectural and conditional use permit approvals and final development plan approvals are submitted. 6. Separate architectural approval shall be required for all buildings. An application for architectural approval shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 7. A conditional use permit will be required for the resort hotel and any other high rise buildings, as defined in Section 93.04 of the Zoning Ordinance. An application for a conditional use permit shall be submitted for review and approval by the Planning Commission. Highrise setbacks shall apply to public street frontages and shall not apply to interior lot lines and shall not apply to lots adjacent to the golf course. 8. Final development plans for the golf course shall be submitted for review and approval by the Planning Commission. 9. Pursuant to Fish and Game Code Section 711.4 a Negative Declaration filing fee of $1,328.00 is required. Fee shall in the form of a money order or cashier's check payable to Riverside County. 10. The mitigation measures of the environmental assessment are incorporated into the conditions of approval by reference and shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be incorporated into the project prior to Planning Commission consideration of the environmental assessment. 11. Not used. 12. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 13. Final off-site and on-site improvement plans including landscaping, irrigation, exterior lighting, parking lot, entryway, amenity package, golf course and wall/fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. 14. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Resolution 20104 Page 8 Page 3 of 18 Mid Valley Center and El Mirador Resort ' Conditions of Approval Office prior to submittal. 15. 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. 16. 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. 17. The applicant shall coordinate with DWA to install temporary lines for reclaimed water for dust control during grading activities, subject to Indian Land owner rights, if any. 18. The applicant shall utilize reclaimed water for golf course and landscape irrigation purposes, subject to Indian Land owner rights, if any. 19. 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. 20. The applicant shall prepare a grading phasing plan for review and approval by the city Engineer and Director of Planning and Building. Mass grading shall be discouraged. All graded areas shall be landscaped with wild flower cover or soil stabilizer until development occurs. 21, 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 public streets, roadways or gutters. 22. 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. 23. 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 and in accordance with all ordinances. 24. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000.00 for the review of the CC&R's by the City Attorney, reasonable additional funds may be required to cover the full cost of City Attorney review. Resolution 20104 Page 9 Page 4 of 18 ' Mid Valley Center and El Mirador Resort Conditions of Approval 25. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 26. All materials on the flat portions of the roof shall be earth tone in color. 27. 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. 28. 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. 29. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. ' 30. 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. 31. The street address numbering/lettering shall not exceed twelve inches in height. 32. The project shall be operated in compliance with Section 11.74 of the Palm Springs Municipal Code, which deals with Noise. 33. Construction of vacation units 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. 34. 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. 35. Illumination levels in the parking area shall be an average of approximately one-foot candle with a ratio of average light to minimum light of four to one (4:1). ' 36. If proposed, parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. Resolution 20104 Page 10 Page 5 of 18 ' Mid Valley Center and El Mirador Resort Conditions of Approval 37. Parking lot lighting shall be mounted above parking spaces and shielded from direct view, as to minimize impacts on adjacent properties,to the satisfaction of the Director of Planning and Building 38, Submit plans meeting City standard for approval of the proposed trash and recyclable materials enclosures prior to issuance of a building permit. 39. This project shall be subject to Chapters 2.24 and 3.37 of the (Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code,the fee being 1/2% for commercial projects or 1/4% for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and 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. 40. Details of swimming pool and other recreation amenities(material and color)and equipment 1 area shall be submitted with final landscape plan. 41. 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 below grade and 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. 42. 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 Section 9306.00 of the Zoning Ordinance. 43. 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. 44. 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. 45. The parking lots shall be designed with 50% landscape shading at landscape maturity(15 years)with consideration for credit for percentage of underground parking, if constructed. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. [Code requires 50% shading for all parking areas. Code does not provide for credit Resolution 20104 Page 11 ' Page 6 of 18 Mid Valley Center and El Mirador Resort Conditions of Approval as requested. Parking lot shading reduces heat and creates better environment.] 46. 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". 47. 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. 48. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 49. Curbs shall be installed at a minimum of five (5)feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 50. All parking areas shall be adequately screened pursuant to Section 9306.00 of the Zoning Ordinance, including the use of decorative screen walls in the streetscape areas between on-site parking areas and the public streets. As such,four foot high walls and/or berms are required. Should berming be used adjacent to retention basins for on-site drainage, the berming shall fit aesthetically and shall not include extreme slopes for either the berms or the retention basins. If walls are utilized, the design, height, texture and color of the walls shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. 51. The design of the on-site retention basins shall be as unobtrusive as possible and shall incorporate more of a natural,free-flowing shape. Retention area shall be incorporated into the golf course design. Retention basins,landscaping, berms and masonry screening walls (if proposed) shall be shown on the grading plan in order to ensure all proposed elements fit aesthetically in the proposed locations and that the appropriate spacial relationships are maintained. The shape of the retention basins shall be reviewed and approved by the Planning Commission as part of the final Planned Development plans. 52. The final design of the vehicular access points, which include access gates, special pavement, call boxes, turnaround areas, etc. shall be reviewed as part of the final development plans by the Planning Commission. 53. Appropriate landscaping should be provided along the south property line to screen areas from the adjacent residences to the south,to the satisfaction of the Director of Planning and Building. Resolution 20104 Page 12. Page 7 of 18 , Mid Valley Center and El Mirador Resort Conditions of Approval 54. Decorative stamped and colored concrete shall be utilized) at all project entry ways to delineate pedestrian/vehicular interface and throughout the: project to indicate areas of pedestrian movement. 55. Obstruction lights shall be installed on the top of the hotel, to the satisfaction of the Airport Director and FAA. A non-suit covenant aviation easement is required for all parcels. An FAA 7460-1 form shall be completed out by the applicant and submitted to the FAA. 56. Not used. 57. Not used. 58. The applicant shall either pay appropriate Coachella Valley Fringe Toed Lizard Conservation fees of $600/acre to the Coachella Valley Mountains Conservancy or consult with the BIA, USFWS and the Tribe regarding other appropriate mitigation, prior to issuance of a grading permit. 59. Mesquite Avenue and Crossley Road shall be constructed to General Plan standards, as a Secondary Thoroughfare with an 88' wide right of way, with landscaped median and , painted bike path on the south side of Mesquite Avenue and the west side of Crossley Road. SCHOOLS (PALM SPRINGS UNIFIED): 1. The developer shall pay school impact fees to the Palm Spring Unified School District, subject to any credits, if any, for Bureau of Indian Affairs fees paid to PSUSD. POLICE DEPARTMENT: 1. Developer shall complywith Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 1. The location of the trash enclosures are acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT: 1. Construction shall be in accordance with 1998 California Fire Code, 1997 Uniform Fire Code, 1998 California Building Code, 1997 Uniform Building Code, 1996 National Electrical Resolution 20104 Page 13 Page 8 of 18 ' Mid Valley Center and El Mirador Resort Conditions of Approval Code, City of Palm Springs Ordinance 1570, Desert Water Agency requirements and specifications, NFPA Pamphlet 13D(Modified), the 1997 Urban-Wildland Interface Code, plus UL and CSFM listings and approvals. 2. Fire Department Access shall be in accordance with the 1998 California Fire Code, Article 9, Section 902. 3. Fire Department Water Supplies shall be in accordance with 98 CFC, NFPA 24, DWA specifications. 4. Fire hydrants shall be installed in accordance with the 98 CFC, 98 CFC appendix III-B plus DWA specifications. 5. Stanpipes shall be installed in accordance with 98 CFC and NFPA 24. 6. Commercial food preparation hood and duct systems shall be designed and installed in accordance with NFPA 17, 96 and UL-300. 7. Commercial hood and duct systems shall be protected by a complete fire extinguishing system designed in accordance with NFPA 17a, 96 and UL-300. 8. Provide automatic sprinklers for all buildings in accordance with NFPA 13. 9. Life Safety requirements for all high-rise buildings shall be in accordance with NFPA 13. 10. Fire alarms required in accordance with NFPA 72. 11. Provide a UL listed fire alarm Central Station Service in accordance with NFPA 13. 71 and 72. 12. Construction site fencing is required for all combustible construction of 5,000 SF in accordance with PSO 1570 and 98 CFC and the Fire Marshall as AHJ. 13. Construction site fire apparatus access gates shall be at least 14' in width and equipped with frangible chains and padlocks. 14. A construction site guard is required forall construction of over 5,o00SF, in accordance with PSO 1570 and the Fire Marshal as AHJ. 15. Portable fire extinguishers shall be installed in accordance with 98 CFC and UL 300, 16. Smoke detectors shall be installed to protect all sleeping areas per the 98 CFC and 98 ' CBC. 17. Fire dampers and activating heat or smoke detectors shall be provided where air ducts penetrate fire-rated walls or ceilings per the 98 CBC. Resolution 20104 Page 14 Page 9 of 18 Mid Valley Center and El Mirador Resort Conditions of Approval 18. All means of egress and egress signage shall be in accordance with the 98 CFC and 98 CBC. 19. Submit detailed plans for review. ENGINEERING: 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. If the developer undertakes any work within the City of Cathedral City right-of-way, permits shall be obtained from the City of Cathedral City if required. 3. 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. Street Vacation plat and 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. 4. Developer shall calculate and pay his fair share contribution, based on traffic volume, to intersections NOT in TUMF Program (reference Traffic Study, Page 4-2)subject to City of Palm Springs. Ramon @ Sunrise Add N/B and S/B left turn lanes Ramon @ Farrell Add S/B left turn lane [Engineering condition #7 covers this item] Regional Roads whose fair share is met IF developer pays TUMF: Vista Chino@ Gene Autry Trail Add N/B and E/B left turn lane Add E/B and W/B thru lane E. Palm Canyon @ Gene Autry Trail Add N/B left turn lane Add N/B and S/B right turn lane Add E/B and W/B thru lane Ramon @ Landau Add W/B & E/B thru lane * Resolution 20104 Page 15 Page 10 of 18 ' Mid Valley Center and El Mirador Resort Conditions of Approval Ramon @ Cathedral Canyon Add E/B left turn and right turn lanes Modify W/B left turn lane Ramon @ Crossley Add E/B and W/B thru lane Mesquite @ Crossley Add N/B and S/B thru lane MID-VALLEY PARKWAY 5. Not used. CROSSLEY ROAD 6. Dedicate an additional right-of-way of 14 feet to provide the ultimate half street width of 44 feet along the entire frontage of the south half of APN 680-170-013 in accordance with City of Palm Springs Standard Drawing No. 105. 7. If right-of-way can be obtained by developer, construct an exclusive Northbound right turn lane at the intersection of Ramon Road and Crossley Road, obtain right-of-way necessary for this construction. Implementation as approved by the City Engineer. ' 8. Construct a 10 foot wide meandering combination sidewalk and bicycle path along the entire CROSSLEY ROAD frontage from the north property line of the Fairway Condos to the south line of the Marketfair. The construction shall be of 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. OR Constructan 8 footwide Class I meandering bicycle path(Caltrans Design Manual,Chapter 1000-Bikeway Planning and Design)along the entire frontage from the north property line of the Fairway Condos to the south line of the Market Fair. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division.The concrete shall receive a broom finish. Between the curb and the meandering bicycle path, a separate 5 foot wide meandering sidewalk shall be constructed of natural colored Portland cement concrete along the entire frontage. 9. Construct the NORTH AND SOUTH halves of an 8 foot cross gutter and spandrel at the intersection of ALL DRIVEWAY APPROACHES and CROSSLEY ROAD with a flow line parallel to the centerline of CROSSLEY ROAD in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 10. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum widths of 24 feet to accommodate curb ramps and shall align with Sunny Dunes Road and Indian Springs Road. 11. All driveways shall have approach lanes per Traffic Study, Figure 3-8. 12. Construct a minimum 8 foot wide meandering sidewalk along the entire west side frontage in accordance with City of Palm Springs Standard Drawing No. 210. Resolution 20104 Page 16 Pagel of 18 Mid Valley Center and El Mirador Resort Conditions of Approval 13. Construct a curb ramp meeting current California State Accessibility standards, IF not already existing, at the NORTHEAST, SOUTHEAST, AND SOUTHWEST corners of the intersection of Crossly Road and Mesquite Avenue per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 14. Construct a curb ramp meeting current California State Accessibility standards, IF not already existing, at the NORTHEAST and SOUTHEAST corners of the intersection of Crossley road and the three (3) driveways on the east side of Crossley Road and at the NORTHWEST AND SOUTHWEST corners of the intersection of Crossley Road and the west side driveway per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 15. Remove and replace existing pavement or construct new 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 clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330.The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. MESQUITE AVENUE EAST , 16. Construct the EAST AND WEST halves of an 8 foot cross gutter and spandrel at the intersection of ALL DRIVEWAYS and MESQUITE AVENUE with a flow line parallel to the centerline of MESQUITE AVENUE in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 17. The three (3) driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum widths of 24 feet to accommodate a curb ramp. They shall be located no less than 400 feet from the Crossley Road intersection. The driveways are restricted to right turn only ingress and egress. 18. A. Construct a minimum 8' wide meandering sidewalk along the entire south side frontage in accordance with City of Palm Springs Standard Drawing No.210. B. Construct a 10 foot wide meandering combination sidewalk and bicycle path along the entire north side of MESQUITE AVENUE frontage from the west side of the Dinah Shore Bridge to the intersection with Crossley Road. The construction shall be of colored Portland Cement concrete.The admixture shall be Palm Springs Tan, Desert Sand,or approved equal color bythe Engineering Department.The concrete shall receive a broom finish. OR Construct an 8 foot wide Class I meandering bicycle path(Caltrans Design Manual, , Chapter 1000 - Bikeway Planning and Design)along the entire north side frontage from the west side of the Dinah Shore Bridge to the intersection with Crossley Road. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. The concrete shall receive a broorn finish. Between the curb Resolution 20104 Page 17 ' Page of 18 Mid Valley Center and El Mirador Resort Conditions of Approval and the meandering bicycle path, a separate 5 foot wide meandering sidewalk shall be constructed of natural colored Portland cement concrete along the entire frontage from the west side of the Dinah Shore Bridge to the intersection with Mesquite Road. 19. Constructacurb ramp meeting current California State Accessibility standards at the BOTH SIDES of the driveway approaches of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 20. Construct a 160-foot long by 12-foot wide bus turnout on the south side of the MESQUITE AVENUE frontage between parking lot driveway and west of the intersection with Crossley. The configuration shall be approved by the City Engineer in conjunction with SunLine Transit. Contact SunLine Transit for details regarding bus stop" furniture/shelter requirements. Developer shall construct shelter inclusive of furniture and lighting. Obtain necessary right-of-way or easement. 21. Construct a 160-foot long by 12-foot wide bus turn out on the north side of the MESQUITE AVENUE frontage between parking lot driveway and east of the intersection with Crossley. The configuration shall be approved by the City Engineer in conjunction with SunLine ' Transit. Contact SunLine Transit for details regarding bus stop furniture/shelter requirements. Developer shall construct shelter inclusive of furniture and lighting. Obtain necessary right-of-way or easement. 22. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced. 23. The golf cart tunnel shall be constructed such that the structural integrity of Mesquite Avenue is notjeopardized and the entrance and exit points shall be on private property.The structures shall be designed per Caltrans structural standards for RC Bridges. The developer shall obtain a License Encroachment Agreement from the City Engineer to construct said golf cart tunnels under the Mesquite Avenue and shall agree to relocate said structure(s)upon the request of the City Engineer at such time as deemed necessary. The License Encroachment Agreement shall be submitted with the Grading Plan.The Grading Permit will not be issued until completion of the Agreement. RAMON ROAD EAST AND LANDAU BOULEVARD 24. The traffic study did not analyze the 2.5 acre commercial property at the northeast corner of the project for specific development or site plan. The study shall be revised at such time as specific development details are proposed and developer shall comply with said study recommendations and conditions as approved by the City Engineer. SANITARY SEWER 25. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING Resolution 20104 Page 18 Page of 18 , Mid Valley Center and El Mirador Resort Conditions of Approval 26. 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. 27. Mass grading of the site will not be permitted unless the dust control plan can conclusively show that adequate resources exist for fugitive dust in accordance with City Ordinance and AQMD rules and regulations. 28. 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 PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer'prior to issuance of any grading or building permits. Grading plans shall be submitted to Riverside County Flood Control and Water Conservation District(RCFC)and Coachella Valley Water District(CVW D)for their review, approval, and permit (if permit is required) for those portions of the project within and/or draining to the Whitewater River Wash prior to issuance of a City of Palm Springs grading permit. ' Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. 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. 29. 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. 30. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-068,r)and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 31. 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 Resolution 20104 Page 19 ' Page of 18 Mid Valley Center and El Mirador Resort Conditions of Approval mitigation measures of erosion/blowsand relating to his property and development. 32. 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 Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 33. Contact the Building Department to get information and guidelines regarding the preparation of the PM10(dust control)Plan requirements. Developer shall complywith City of Palm Springs Fugitive Dust Ordinance No. 1439 (Municipal Code, Chapter 8.50). 34. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving an engineered grading plan and the export of native soil from the site will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior to the issuance of the City grading permit. ' The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 35. The developer shall submit a detailed hydraulic analysis of the development which shall be reviewed by RCFC and CVWD and approved by said agencies and the City Engineer prior to issuance of grading permits. The Whitewater River Channel is designed to handle the standard project flood flow of 85,000 cubic feet per second with one foot of freeboard below the top of the slope protection. This capacity shall not be reduced by the project. 36. Upon completion of the project,the developer shall obtain a post-construction aerial survey and detailed hydraulic analysis that shall be reviewed by CVWD to verify that the channel design capacity has not been reduced by construction of the project. 37. The Districts' (RCFC and CVWD) access rights to the channel for inspection and maintenance shall not be restricted. 38. The developer shall enter into an agreement (if applicable) with RCFC and CVWD that relieves RCFC and CVWD of any maintenance responsibility and liability associated with the golf course and the use thereof. Funds to cover administrative and plan review costs ' shall be deposited with RCFC prior to start of RCFC review. 39. No structures or trees are allowed within the channel right-of-way. 40. All necessary environmental clearances must be obtained and copies submitted to RCFC (if applicable) and the City Engineer. Resolution 20104 Page 20 Page of 18 ' Mid Valley Center and El Mirador Resort Conditions of Approval _ 41. The RCFC 'levee rights' are limited and necessary 'use rights' shall be obtained from the underlying property owners. 42. The developer shall provide secondary freeland overflow to the satisfaction of the City Engineer OR basin design shall include freeboard for an additional 50% of the proposed volume as a factor of safety. 43. The channel is designed to handle the standard project flood flows. The existing levee currently meets FEMA levee criteria which specifies 4 feet of freeboard at structures and 3 feet of freeboard anywhere else for the 100 year flows.This capacity shall not be reduced by the project. All grading/drainage plans shall be reviewed and approved by RCFC to assure the integrity of the levee. See RCFC letter dated April 30, 2001, Project No, 6-0- 0250 and CVWD letter dated Feb. 6, 2001, Project No. 0126.2 for specific conditions to be met. 44. 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. ' Inlets to the levee shall not be blocked/altered nor shall the design of the golf course in any way create a backwater through the inlets and on the land side of the levee. 45. The site plan shall be revised to show the existing Mid Valley Parkway storm drain and detention basin and provide consistency relative to drainage. 46. Ensure project does not interfere with channel performance of the Whitewater River Wash as it relates to the levee and this proposed project. Final design shall be approved by RCFC (if applicable). Flow velocities shall not be increased anywhere in the stream including within the golf course so that streambed is kept in equilibrium. 47. The projectis subjecttoflood control and drainage implementation fees and/or construction of drainage facilities 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, to the satisfaction of the City Engineer, prior , to filing any final map or issuance of the building permit subject to Indian Landowners' rights, if any. ON-SITE 48 The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch Resolution 20104 Page 21 Page 16 of 18 ' Mid Valley Center and El Mirador Resort Conditions of Approval 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. 49. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. 50. The project shall connect to the 24 inch diameter reclaimed water pipeline for irrigation by constructing a reclaimed water transmission line, approved by Desert Water Agency, from the existing tertiary treatment plant to the project site. The project proponent shall be reimbursed for the unused capacity of the pipeline by future development in the area, that uses reclaimed water from the line, on a fair share basis. A Water Service Agreement and Recycled Water Service Agreement shall be entered into with Desert Water Agency addressing on the off- site facilities. GENERAL ' 51 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. 52. 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. 53. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 54. 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. 55. The developer is advised to contact all utility purveyors for detailed requirements for this ' project at the earliest possible date. 56. 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. 57. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk Resolution 20104 Page 22 Page 17 of 18 Mid Valley Center and El Mirador Resort Conditions of Approval and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. MAP 58. 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 Parcel Map to the Engineering Department. 59. 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. 60. The Parcel 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 61. 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 RAMON ROAD EAST, CROSSLEY ROAD, AND MESQUITE AVENUE EAST frontages of the subject property. 62. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the CROSSLEY ROAD, MESQUITE AVENUE, AND RAMON ROAD EAST frontages prior to issuance of a Certificate of Occupancy. 63. Striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 64. The developer shall pay 50% of the cost of installation of a 2-phase traffic signal at CROSSLEY ROAD AND SUNNY DUNES ROAD EAST prior to opening of the golf course and occupation of the hotel or 250,000 square feet of commercial office or business park development. 65. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 66. On-site signage shall encourage hotel traffic to use the Mesquite Avenue access east of Crossley Road. 67. 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: Resolution 20104 Page 23 ' Page of 18 Mid Valley Center and El Mirador Resort Conditions of Approval NE Cor. Crossley Road @ Hotel Entry NE Cor. Crossley Road @ South Driveway(Commercial Complex- East Side) SW Cor. Crossley Road @ Driveway(Commercial Complex - West Side) SE Cor. Mesquite Avenue @ West Driveway (Commercial Complex- West Side) SE Cor. Mesquite Avenue @ East Driveway (Commercial Complex - East Side) NW Cor. Mesquite Avenue @ Hotel Entry 68. 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. 69. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL TIME SHARE, LODGING, GOLF COURSE, AND OFFICE ITE Code B, C, D, A land uses. 1