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HomeMy WebLinkAbout20671 - RESOLUTIONS - 7/16/2003 RESOLUTION NO. 20671 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0666-B-PD-231, FOR: A) PRELIMINARY PLANNED DEVELOPMENT DISTRICT#231, FOR A MIXED USE PROJECT COMPOSED OF AN 18 HOLE GOLF COURSE, DRIVING RANGE (GOLF EXPANSION AREA), HOTEL, VACATION OWNERSHIP UNITS, SINGLE FAMILY HOMES, MULTI-FAMILY HOMES, (MAXIMUM OF 1450 UNITS) OFFICE, RETAIL USES, SUPPORT FACILITIES AND A ONE ACRE FIRE STATION SITE; B) APPROVAL OF TENTATIVE PARCEL MAP #30928;AND C)ADOPTION OF FINDINGS THATTHE VACATION OF A PORTION OF WEST 15 FEET OF SAN JOAQUIN RIGHT OF WAY IS CONSISTENT WITH THE GENERAL PLAN CIRCULATION ELEMENT, LOCATED ON A 460 ACRE SITE, AT THE SOUTHEAST CORNER OF VISTA CHINO AND GENE AUTRY TRAIL (HIGHWAY 111), SECTIONS 7 AND 18. WHEREAS, Pat Blew, PS Investment Company, LLC(the"Applicant")has filed an application with the City pursuant to Section 9403.00 for a Planned Development District proposing a golf resort with an 18 hole golf course and golf clubhouse, up to 1450 residential units and a 400-450 room hotel (totally 1,900 units) including Vacation Ownership units (VDU's) on approximately 460 acre site located on the Southeast corner of Vista Chino and Gene Autry Trail (Highway 111), Section ' 7 and 18. • WHEREAS, Pat Blew, PS Investment Company, LLC (the "Applicant") has filed an application for Tentative Parcel Map 30928 located on the Southeast corner of Vista Chino and Gene Autry Trail (Highway 111), Section 7 and 18; and WHEREAS, the Applicant has paid the required filing fees; and WHEREAS, said Tentative Parcel Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, said Tentative Parcel Map is for financing purposes; and WHEREAS,the Applicant has also filed an application for a General Plan Amendment(associated with Case No. 5.0666-B-PD 231) for the Palm Springs Classic Project with the City and Planned Development District 231 and T.M. 30928 are consistent with this associated application; and WHEREAS, Planned Development District 231 includes specified development and performance standards; and WHEREAS, San Joaquin is not a General Plan street and the portions of the western 15 feet of right of way is excess right of way which the City Engineer has deemed not necessary for a local ' street: and rage z WHEREAS, in 1994 the City Council certified the Palm Springs Classic Planned Development ' District Final Environmental Impact Report, adopted a Statement of Fact and Findings and a Statement of Overriding Considerations; and WHEREAS, the proposed development is considered a "project" pursuant to the terms of the California Environmental Quality Act("CEQA"), and an Environmental Assessment and a Negative Declaration has been prepared for this Project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the Planning Commission at its June 11, 2003 meeting unanimously recommended approval of Preliminary Planned Development District#231,of Tentative Parcel Map#30928, and the adoption of findings in support of the vacation of a portion of The San Joaquin Right of Way; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Applicant's applications for the Project was given 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 environmental data including the previous Final Environmental Impact report along with the current Initial Study/Environmental Assessment 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: a. The Final Negative Declaration has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council has independently reviewed and considered the information contained in the Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed project (including the proposed PDD-231,General Plan Amendment,Tentative Parcel Map 30928, and Street Vacation), 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 new adverse environmental effects as a result of the approval of this project because mitigation measures identified in the Negative Declaration have been incorporated into the project which mitigate any potential significant environmental effects to a point where clearly no new significant environmental effects will occur as a result of the project. The mitigation measures are adopted in Exhibit A of this Resolution. The City Council further finds that the Negative Declaration reflects its independent judgement. b. The Negative Declaration adequately covers the current project proposal such that no new additional impacts will result that were not already addressed in the Final EIR and the adopted Statement of Facts and Findings and Statement of overriding considerations for the approved Palm Spring Classic Planned Development. IlC72oop Section 2: a. A Mitigation Monitoring Program will be adopted for Case No. 5.0666-B-PD-231 and, Tentative Parcel Map 30928 pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures during project implementation. These mitigation measures are incorporated by reference into the Conditions of Approval of this project as outlined in Exhibit A of this Resolution. Section 3: Pursuant to Section 94.03.00 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 PDD in-lieu of a change of zone may be adopted by the City Council where a zone change appears valid for specific uses, and only those uses, proposed by an applicant and where the applicant agrees to comply with all conditions imposed on the project. In this case, the applicant is proposing the use of land in a unique way requiring specialized standards and mix of uses, including various types of residential, hotel,vacation ownership, golf course, and commercial uses. These uses are located on the property in a manner that relates well internally and with the surrounding neighborhood. Conditions have been recommended that further compliments relationships between the project and surrounding properties. The PDD in-lieu of a change of zone is an appropriate mechanism to provide for a variety of design and performance standards that would otherwise be difficult to implement via conventional zoning categories. b. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed Planned Development District will facilitate implementation of the General Plan which is being amended to have a more residential character, though maintains a consistent theme for the Palm Springs Classic area which would allow a large scale planned development to occur that includes golf and tourism facilities. In order to better integrate into the neighborhood in terms of property development standards, Planned Development District 231 in-lieu of a change of zone, is being requested by the applicant. Design standards, Conditions of Approval, and mitigation measures identified through the environmental review process address traffic,trails,visual and physical relationships/issues and are therefore, consistent with General Plan policies. The proposed uses identified in the Planned Development District are in harmony with the General Plan and will be compatible with the surrounding greater resort community. ratJC Y C. The site is adequate in size and shape to accommodate said use, including yards, ' setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The project site is 460.7 acres and is of adequate size to contain the proposed golf course, driving range(and potential golf expansion area), 1450 mixed residential uses,and 450 unit hotel. Design standards and conditions of approval address issues such as bulk, mass, density, and buffers between residential and surrounding industrial uses, and height setback criteria that address proposed highrise uses near the intersection of Vista Chino and Gene Autry Trail. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Access to the project is adequately available via two mayor thoroughfares Gene Autry Trail and Vista Chino. Chia Drive and Tachevah Drive also provide access opportunities. Main entries for the project will be developed on Gene Autry Trail and Vista Chino. Right turn entries will be provided to the Resort Village (Hotel/MFR area). Traffic evaluation and associated proposed mitigation indicates that the circulation systems is capable of carrying the type and quantity of traffic projected to be generated from the project. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor ' modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, the City of Palm Springs Fugitive Dust Control Ordinance, special setback criteria, and open space criteria. Section 4: Pursuant to Government Code Section 66474(Subdivision Map Act),the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Parcel Map is consistentwith applicable general and specific plans. The proposed project is consistent with the General Plan. The applicant is proposing 1450 residential units and 450 hotel units and therefore,will be well within the density parameters of the General Plan and will be consistent with Case No. 5.0666-B. II Kesolutlon 10671 Page 5 b. The design of improvement of the proposed subdivision is consistent with the General Plan and Planned Development District 231. Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for related right of way dedications are compatible with the objectives, polices,and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with Case No. 5.0666-B will be implemented as part of future Tentative Tract Maps. C. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The Tentative Parcel Map covers a portion of a larger site (460.7 acres) that is proposed for 1450 residential units and, 450 hotel and timeshare units on 460 acres. The Tentative Parcel Map, is for financing purposes, and illustrates parcels consistent with the proposed development and will be within the maximum allowable density pursuant to the standards of the Preliminary Planned Development District231.There will be no incompatibility issues as the subject property is surrounded by commercial uses and Vista Chino to the north, the Whitewater River and city limits to the east, the Dream Homes (residential uses) in Cathedral City to the southeast, Industrial,vacant land and Gene Autry Trail (Highway 111) to the west, and vacant land to the south. d. The design of the proposed subdivision or the proposed improvements are not likely to ' cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. All potential environmental impacts as a result of developing the subject property are fully disclosed in the Environmental Assessment and previous Final Environmental Impact Report. The incorporation of the mitigation measures as prescribed in the EA will ensure that any potentially significant impactswill be reduced to a level of insignificance.Therefore, the design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The Tentative Parcel Map is for financing purposes only. The subsequent design of the related Tentative Tract Maps and proposed improvements will follow the conditions of approval associated with Case 5.0666-B, including, but not limited to,the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. tic tr Resolution 20671 Page 6 f. 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. Vista Chino and Gene Autry Trail are already improved to major thoroughfare standards including sidewalk, curb, and gutter. The Tentative Parcel Map identifies all right of ways and easements affecting the property and provides for access to all parcels within the property and provides for dedication of public right of way. Section 5: a. San Joaquin Drive is not a General Plan street, therefore, the proposed vacation of the western 15 feet of Right of Way is consistent with the Circulation Element of the General Plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the Foregoing, the City Council hereby approves Case 5.0666-B-PD 231 the Palm Springs Classic Planned Development District,PD-231, and TPM 30928 with right of way dedications as noted in the Conditions,and finds that the vacation of a 15 wide portion of the western right of way of San Joaquin Drive is consistent with the General Plan. ADOPTED this 16`h Day of July, 2003. AYES: Members Mills, Oden, Reller-Spurgin and Mayor Kleindienst ' NOES: None ABSENT: Member Hodges - Excused ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA C� City Clerk City Manager REVIEWED&APPROVED Resolution 20671 Page 7 RESOLUTION NO. 20671 EXHIBIT A THE PALM SPRINGS CLASSIC, LOCATED AT 300, 400, 450, 1000, 1304, 1404, 1454, 1506, AND 1606 N. GENE AUTRY TRAIL (APN 677-220-007, -008, -009, -015; 677-250-002, -006; 677-260-005, -006, -025; 677-270-013, -032, -033), SECTION 7, T 4 S, R 5 E, S.B.B.M., JULY 16, 2003 CASE NO. 5.0666 B, PD-231 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: Project Specific Conditions: 1. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,314.00 plus an administrative fee of$50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 2. 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, 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. 3. The city reserves the right to review, or conditionally approve final PDD and Tentative Tract Maps. Additional conditions will be based upon the submittal and based upon the approved Planned Development application, design review and City codes and ordinances. 4. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's ' Office prior to submittal. Page 1 Ke5MULIVII Looi I Page 8 5. Prior to issuance of a grading permits, Fringe Toed Lizard Mitigation fees shall be paid. , 6. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of all lots and all parcels for all land uses. 7. The applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to submittal of a final map and approval prior to building 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. The applicant shall submit to the City of Palm Springs,a deposit in the amount of$2,500.00, for the review of the CC&R's by the City Attorney. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadways,airport noise and adjoining M-1-P zoned developed and vacant properties. Said disclosure shall inform perspective buyers about traffic, airport noise, future industrial development and other activities which may occur in this area. This is an addition to the standard avigation and easement and nonsuit covenant. 9. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning and Zoning prior to the issuance of building permits for each phase or development area. Manufacturer's cut sheets of all exterior lighting on the buillding,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.A photometric study shall be required for all parking areas, driveways and entries. 10. 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 feeing being 1/2% for commercial projects or 1/4%for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 11. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. Page 2 Resolution 20671 Page 9 A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered,thatthe Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. One copy of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department. The developer shall construct off-site sidewalk improvements on the south side of Vista Chino between Via Roberto Miguel and Gene Autry Trail. The sidewalk shall be constructed at a time when the Planning Commission determines it is appropriate, based upon residential demand. Factors to be considered are to include number of dwelling units proposed for development and proximity of said units to the intersection of Vista Chino and Gene Autry Trail. Construct Bus Shelters consistent with the Sunline Transit Agency that are custom designed in keeping with the character of the project. The custom bus shelters shall not have any advertising and shall be maintained by the project unless a separate maintenance agreement with the developer and Sunline Transit Agency is entered into for Sunline Transit Agency to provide maintenance. Construct equestrian trail and bikeway along the Whitewater Wash as identified in the General Plan.The final alignment shall be coordinated with CVW D, RCFCWCD,and the City as part of the Final Planned Development District. As a part of the Final Development District, a Wildlife Management Plan will be submitted for approval to the Airport Authority and the Director of Planning and Zoning. 18. To clarify the property development standards, in the Golf Villages (Planning Areas 5-9), the Planning Commission recommends the addition of the following language: A maximum 50% site coverage shall be allowed, unless approved differently in the Final Planned Development District. Garage and carport entry setback: The minimum setback for a side entry garage or carport shall be five (5)feet, for a front entry garage the minimum setback shall be seventeen (17) feet, measured from the back of sidewalk or, if there is no sidewalk, the minimum setback shall be twenty(20)feet from the back of curb, in order to discourage drivers from attempting to park on apron of inadequate depth. Fences and walls: Maximum height limit of seven feet (T-0"). 19. Applicant shall provide a revised project description and design standards within thirty (30) days of City Council approval ' 20. All existing and proposed overhead 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 Page 3 MU,UIUIIVII LVV/ I Page 10 be provided to the Engineering Department along with written confirmation from the involved ' utility companies that the required deposit to underground the facilities has been paid prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of certificate of occupancy. 21. All residential development shall be subject to parkland dedication requirements and/or park improvement fees. The dedication,payment of fees or combination thereof shall be required prior to issuance of building permits. Parkland mitigation amounts shall be based upon the costs to acquire and fully improve parkland and shall be adopted by ordinance or resolution. 22. The applicant may propose other uses for Planning Area#1, if it is determined that the hotel is not feasible five (5) years from completion and opening of the golf course. 23. In no instance shall the total number of residential units exceed 1,450 dwelling units. 24. In no instance shall the total hotel/vou units exceed 450 units. 25. The Mitigation Monitoring Program shall be incorporated into the Conditions of Approval by Reference. 26. For the Planning Areas 1 & 2, in consideration of the golf course areas within the PDD, a minimum of forty-five percent (45%) of the site for any building shall be developed as landscaped open space and/or usable outdoor living and recreation area with an adequate irrigation system. In calculating the 45% useable landscaped open space requirement a proportionate share of common area facilities and/or golf course area may be included in the calculation provided that the proposed project has a discernable visual or physical connection with such facilities. Compliance with this provision shall be subject to Planning Commission review and approval. 27. For the Planning Areas 1 & 2, the minimum horizontal :setbacks for high rise buildings (35 feet plus in height) shall be as follows: I. Three (3) feet horizontal for each one (1) foot of vertical from any single- family parcels on or off site. ii. 2.5:1 setback from exterior edges along Gene Autry Trail and Vista Chino. iii. 1:1 average setback from any property or parcel line other than those listed above including golf and wash parcels, minimum of twenty feet(20'-0"). This setback requirement is to be measured asset forth in Subsection C of Section 93.04.000 (High Rise). 28. In Planning Areas 7 thru 9, the maximum building height shall be 28'-32'. No projections above 32', except vents and spark arresters shall be allowed. Page 4 29, The Palm Springs Classic Design Guidelines, shall be amended, subject to the following minor revisions: Page 41 - Item #1, Include berm and wall design with accompanying note regarding code requirement for screening of parking area. Page 41 - Item#2, Add note stating that 20'open'space requirement adjacent to residential uses is required in adjacent to industrial uses, in addition to the otherwise required setbacks. Page 41 - Item #4, Dimension for landscape parkway should read 'V-0" minimum", not "main". Page 42 - Item 4a, A 10' landscape setback to single family residential located along Gene Autry Trail is not sufficient. All R-1 zones require a minimum 25' rear setbacks to Major Thoroughfares. The note should also be revised to allow for a range in wall heights along Gene Autry Trail, from 6-0"to 8'-0" in height. Page 42- Item#7, Allow a range of wall heights from 6'-0"to 8'-0". Page 43 - Item #9, Dimensions to street should reference proposed setback provisions provided in the accompanying project description, including the proposed 3:1, 2.5:1 and 1:1 setback provisions. Page 44 - Add note that all lighting shall be in compliance with Section 93.21.00, Outdoor Lighting. Page 45 -Add text stating that parking adjacent to streets shall be adequately screened by walls, berms or combination thereof. General Conditions: 30. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations, except as specifically modified in this approval. 31. 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 5.0666 - B- PD-231. 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 Page 5 ��cau�uuvn �.vor Page 12 defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the ' foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so,the City shall waive the indemnification herein, except,the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 32. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition,free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 33. 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 Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 34. 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. 35, 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. 36. 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 l approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 37. 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. 38. 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. Roof top signage shall be prohibited. 39. All materials on the flat portions of the roof shall be earth tone in color. Roof top signs shall be prohibited. 40. 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, ' Page 6 Resolution 20671 Page 13 ' and type of screening. Parapets shall be at least 6"above the equipment for the purpose of screening. 41. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 42. 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. 43. The street address numbering/lettering shall not exceed eight inches in height. 44. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety for projects on Major or Secondary thoroughfares or within airport noise area. 45. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 46. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 47. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 48. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 49. 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. 50. The applicant shall provide all non-residential tenants with Conditions of Approval of this project. Residential users shall be notified of the conditions of approval through the CC&Rs. 51. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 52. 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 #36 below. ' Page 7 Resolution 20671 Page 14 53. 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. 54. 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. 55. 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. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 57. Standard parking spaces shall be 17 feet deep by 9 feel: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". 58. 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. 59. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 60. 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. 61. Trash cans shall be screened from view and kept within fifty (50) feet of the street, (Single Family Residential only). 62. 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. POLICE DEPARTMENT: 63. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 64. The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: ' Page 8 1\ JVIIII 1• LVVI 1 Page 15 ' 65. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 66. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 67. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired, provide an additional 8 foot wide parking lane with opposing curb marked red with appropriate signage for a total 28 foot width. If parking on both sides of the access road is desired, provide an 8 foot wide parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC) 68. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs approved turn around provision is a cul-de-sac with an outside turning radius of 43 feet from centerline. (902.2.2.4 CFC) 69. Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire station and therefore requires an automatic fire sprinkler system. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 1996 edition, as modified by local ordinance. The contractor should submit fire sprinkler plans when the building plans are submitted. This allows concurrent review of the fire sprinkler and building plans. 70. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 71. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 72. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 73. Access During Construction: 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. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 1 Page 9 Resoluton 20671 Page 16 74. Prior to final PD approval the applicant shall provide an irrevocable offer of dedication for a , one acre fire station site which is acceptable to the city prior to phase 1 (unless the Fire Chief deems otherwise). ENGINEERING: STREETS 75. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 76. Developer shall obtain State permits and approval of plans for all work done on State Highway 111 (Gene Autry Trail). A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or buillding permits. 77. Submit street improvement plans prepared by a Registered Civil Engineerto the Engineering Division.The plan(s)shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. 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. STATE HIGHWAY 111 (GENE AUTRY TRAIL) 78. Dedicate additional right-of-way to provide the ultimate half street width of 55 feet along the entire frontage, together with a property line - corner cut-back at the southeast corner of Gene Autry Trail and Vista Chino in accordance with City of Palm Springs Standard Drawing No. 105. 79. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out. 80. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way. 81. Access rights to Gene Autry Trail shall be restricted except at specifically approved locations upon subsequent development of the parcels created from this development. Restriction of access rights shall be designated on future maps proposed for development of the parcels adjacent to Gene Autry Trail. 1 Page 10 Page 17� ' 82. Construct a 170 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the northeast corner of Gene Autry Trail and Classic Drive in a location to be agreed upon by the City and Sunline Transit Agency. The configuration shall be approved by the City Engineer in conjunction with Sunline Transit Agency. Additional requirements, including furnishing and installing bus stop furniture and/or shelter may be required; contact Sunline Transit Agency for further details. (See related Condition#15). 83, Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. 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. 84. Modify the existing left-turn lane to provide a 150 feet long southbound left-turn storage lane at Gene Autry Trail and Chia Road, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. 85. Modify the existing left-turn lane to provide a 400 feet long southbound left-turn storage lane at Gene Autry Trail and Tachevah Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing median improvements, including landscaping, lighting and irrigation, shall be modified to the satisfaction of the City Engineer. 86. Coordinate the location of the intersection of Gene Autry Trail and Classic Drive with the City Engineer, the Executive Director of the Airport, and existing airport users. Upon approval of ' the intersection location, relocate the existing northbound left-turn lane location as required to access the airport commercial properties,and provide a 375 feet long southbound left-turn storage lane at Gene Autry Trail and Classic Drive, or as may be modified by the Traffic Report and approved by the City Engineer. Existing intersection improvements, median improvements,including landscaping,lighting and irrigation,shall be removed,reconstructed or modified to the satisfaction of the City Engineer. VISTA CHINO 87. Dedicate an easement for sidewalk and bicycle path purposes along the entire frontage for the portions of the bicycle path that leave the public right-of-way. 88. Dedicate additional right-of-way with a right-of-way line concentric with the back of sidewalk adjacent to the proposed bus turn-out. 89. Access rights to Vista Chino shall be restricted except at specifically approved locations upon subsequent development of the parcels created from this development. Restriction of access rights shall be designated on future maps proposed for development of the parcels adjacent to Vista Chino. 90. Construct a 170 feet long by 12 feet wide bus turn-out, with adjacent 12 feet wide, colored concrete sidewalk, at the southeast corner of Vista Chino and Gene Autry Trail in a location to be agreed upon by the City and Sunline Transit Agency. The configuration shall be ' approved by the City Engineer in conjunction with Sunline Transit Agency. Additional Page 11 Resolution 20671 Page 18 requirements, including furnishing and installing bus stop furniture and/or shelter may be ' required; contact Sunline Transit Agency for further details. (See related Condition #15). 91, Construct a 12 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the entire frontage. 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. 92. Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from Gene Autry Trail to the easterly property line(approximate with the existing Whitewater Channel levee). Provide a westbound left-turn pocket at Vista Chino and Gene Autry Trail, and provide an eastbound left-turn pocket at Vista Chino and Executive Drive. Easterly of the Whitewater Channel levee, provide a striped median with a minimum 200 feet long westbound left-turn lane at Vista Chino and North Drive. Left-turn pocket storage lengths and transitions shall be designed in accordance with the: current Caltrans Highway Design Manual. Additional paving and street widening along the; north side of Vista Chino shall be provided as necessary to construct the required median improvements. TACHEVAH DRIVE 93. Dedication of the north half-street right-of-way for Tachevah Drive across the properties identified by APN 677-250-017 and 677-250-024 shall be obtained if access from the project ' to Gene Autry Trail is proposed or required by future development of the parcels. Dedication of the south half-street right-of-way for Tachevah Drive shall be provided on future maps proposed for development of the parcels adjacent to Tachevah Drive. Full street improvements shall be constructed to the satisfaction of the City Engineer when access is proposed or required with subsequent development of the adjacent parcels. SAN JOAQUIN DRIVE 94. Dedicate additional right-of-way at the northerly end of San Joaquin Drive to provide an off- set cul-de-sac or turn-around acceptable to the Fire Marshall and City Engineer. 95. Construct a 8 inch curb and gutter, 18 feet west of centerline along the entire frontage and throughout the off-set cul-de-sac or turn-around, as approved by the Fire Marshall and City Engineer, in accordance with City of Palm Springs Standard Drawing No. 200. 96. Construct a minimum pavement section of 2'/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction,or equal, from clean sawcut edge of pavement to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawings No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 97. An application may be made for the vacation of the westerly 15 feet of the existing 40 feet ' wide right-of-way easement on San Joaquin Drive along the entire frontage, exclusive of any Page 12 Resolution 20671 Page 19 area required as additional right-of-way for an off-set cul-de-sac or turn-around. Separate ' application for a right-of-way vacation, if proposed, shall be processed through the Engineering Division. ON-SITE STREETS 98. The configuration and construction of future on-site streets shall be subject to the review and approval of the City Engineer. Dedicate of easements for sewer and public utility purposes with right of ingress and egress over the proposed private streets shall be designated on future maps proposed for development of the parcels. SANITARY SEWER 99. All future development shall be connected to the public sewer system. GRADING 100. All future development requiring rough or precise grading shall require review and approval of plans by appropriate agencies, including the City of Palm Springs, Riverside County Flood Control & Water Conservation District, Coachella Valley Water District, and others as required. All required permits, clearances and other approvals shall be obtained prior to approval of grading plans or issuance of permits. ' DRAINAGE 101. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage systems are unavailable or cannot contain the increased stormwater runoff generated by the development of the property. Prior to future development of the property, provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage systems (if any exist), and to determine required stormwater runoff mitigation measures for the proposed development. Final detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 102. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs Area. Validated costs incurred for the design and construction of storm drainage improvements adjacent to orwithin the project as shown in the Master Drainage Plan may be credited toward the drainage fee otherwise due. Coordination with Riverside County Flood Control & Water Conservation District (RCFC) shall be required to determine acceptable methods of providing storm drainage improvements consistent with the Master Drainage Plan. Credit for or deletion of required drainage implementation fees will require review and approval by RCFC of proposed storm drainage systems,detention and retention basins, and storm drain outlet systems into the Whitewater Channel. If required as a condition of credit for or deletion of storm drainage implementation fees, a cooperative agreement between the Page 13 RCJVIu.LIV•1 LVV/ Page 20 property owner(s), the City of Palm Springs and RCFC shall be made whereby storm ' drainage easements for Master Drainage Plan facilities are provided to RCFC within the project, and storm drainage improvements are designed and constructed to the satisfaction of the City Engineer and RCFC. MAP 103. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. 104. All off-site public improvements required of this project shall be listed in the Certification for Improvements on the Parcel Map and clearly noted that the improvements will be the minimum development requirements for the Parcel Map, but not required to be completed until such time that development is contemplated on one of the Parcels. TRAFFIC 105. Upon submittal of subsequent development applications For review and approval by the City, the developer shall submit an amendment to the Traffic Impact Study estimating the volume of traffic (daily trip-ends) generated by that portion of the Palm Springs Classic overall ' development represented bythat specific development application,and an assumption of the assignment of traffic to the various development access points at Vista Chino and North Drive, Gene Autry Trail and Chia Road, and Gene Autry Trail and Classic Drive. A traffic signal shall be designed and installed by the developer when the following "thresholds" are met: • Gene Autry Trail and Chia Road: 60% build-out (or total daily trip-ends exceeds 10,850) • Gene Autry Trail and Classic Drive: 30% build-cut (or total daily trip-ends exceeds 5,360) • Vista Chino and North Drive: 43% build-out (or total daily trip-ends exceeds 7,700) 106. The developer shall pay a traffic mitigation fee representing the fair share contribution payment for the required off-site traffic mitigation improvements identified in the Traffic Impact Study,which includes a fair share payment of 34.14%of the cost to construct a traffic signal interconnect system along Gene Autry Trail from Vista Chino to Ramon Road; a fair share payment of 14.95% of the cost to construct a traffic;signal at Gene Autry Trail and Via Escuela; a fair share payment of 18.14%of the cost to construct a northbound right-turn lane on Farrell Drive at Vista Chino; a fair share payment of 18.14% of the cost to construct a southbound left-turn lane on Farrell Drive at Vista Chino; a fair share payment of 4.9%of the cost to construct a southbound left-turn lane on Farrell Drive at Ramon Road; and a fair share payment of 6.61% of the cost to construct a southbound through lane on Cathedral Canyon Drive at Ramon Road. The total collective cost of these required improvements is $110,114.87. Payment of the ' total cost of these required improvements shall be made by the time 50% build-out of the Page 14 Page 21 project is achieved,or the total daily trip-ends generated by the development exceeds 9,000. A traffic mitigation fee equal to $12.23 per daily trip-end shall be paid upon issuance of building permits within the development. Upon submittal of an application for a building permit,the developer shall submit a calculation, using the current ITE Manual or other source meeting the City Engineer's approval, showing the traffic volume generated by the eventual use of the commercial or residential structure for which a building permit is requested. The traffic mitigation fee shall be paid until the total collective cost of $110,114.87 is made, whereafter no traffic mitigation fees shall be required. 107. Based on the Traffic Impact Study prepared by Endo Engineering, dated March 2003, the following mitigation measures shall be addressed prior to issuance of a building permit on any of the proposed parcels: A. Pay the proportionate fair share contribution of$22,425(14.95%)of a traffic signal at Gene Autry Trail and Via Escuela. B. Pay the proportionate fair share contribution of $18,140 (18.14%) of the cost to construct a northbound right-turn lane on Farrell Drive at Vista Chino. C. Pay the proportionate fair share contribution of 18.14% of the cost to construct a southbound left-turn lane on Farrell Drive at Vista Chino. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. ' D. Pay the proportionate fair share contribution of 4.9% of the cost to construct a southbound left-turn lane on Farrell Drive at Ramon Road. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. E. Pay the proportionate fair share contribution of 6.61% of the cost to construct southbound through lane on Cathedral Canyon Drive at Ramon Road. The fair share contribution shall be held in trust for the City of Cathedral City until such time as the intersection improvements are constructed. An engineer's estimate of the cost to construct the required improvement shall be provided to the City Engineer for review and approval. 108. Submit traffic striping plans for improvements to Vista Chino prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer. 109. 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. Page 15 MCbUIuuUII wvi Page 22 110. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior , to issuance of building permits. 111. Engineering staff reserves the right to add,modify,delete conditions of approval based upon review of future phases, Final Planned Development and Tentative Tract Maps. 1 Page 16 Resolution 20671 Pacie 23 v •. G C$ rKp Gc H�c Vista Chino �. r *p 44 SR cs\�S4 H30 hi IND M15 q1 PR JECT SIT ai' m � L6 e LEGEND . � Fioj.at�.umry L6, 0 Palm \ Springs \ �. M16 MMlum DrrXy B..IE..MIY International "y Airport I (b+..lw... Mwu�..) IND (� - � .u.uw.i Mewel.l Mcc M.hnnalwoa comnww. ' � cm..rvrbn Fln tYtbn CASE NUMBER 5.0666-B-PDD-231 PROPOSED GENERAL PLAN LAND USE DESIGNATIONS CITY OF PALM SPRINGS