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HomeMy WebLinkAbout21316 - RESOLUTIONS - 6/29/2005 RESOLUTION NO. 21316 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE FILING OF A MITIGATED NEGATIVE DECLARATION, APPROVING PLANNED DEVELOPMENT DISTRICT 305 FOR A CONDITIONAL USE PERMIT TO ALLOW THE CONSTRUCTION OF 25 RESIDENTIAL CONDOMINIUMS, 9 SINGLE FAMILY RESIDENCES, AND A RESTAURANT OF APPROXIMATELY 5,000 SQUARE FEET IN THE RESORT OVERLAY ZONE, A CONDITIONAL USE PERMIT TO ALLOW THE RESTAURANT USE ONLY IN THE LOCATION SPECIFIED ON THE SITE PLAN ALLOW RELIEF IN THE CRITERIA, PER SECTION 92.04.01.D.17 OF THE ZONING ORDINANCE FOR MINIMUM LOT AREA FOR A RESTAURANT AND ESTABLISH DEVELOPMENT STANDARDS FOR THE 25 RESIDENTIAL CONDOMINIUMS, 9 SINGLE-FAMILY RESIDENCES, AND RESTAURANT, APPROVING TENTATIVE TRACT MAP 32732 FOR THE SUBDIVISION OF APPROXIMATELY 5.55 ACRES INTO 11 LOTS OF APPROXIMATELY 149,897 SQUARE FEET (3.44 ACRES) FOR 25 CONDOMINIUMS, 9 LOTS APPROXIMATELY 6,150 TO 10,788 SQUARE FEET FOR THE 9 SINGLE FAMILY RESIDENCES, AND 1 LOT APPROXIMATELY 24,766 SQUARE FEET FOR THE RESTAURANT, LOCATED AT ' CAMINO REAL AND EAST PALM CANYON DRIVE, ZONE R-3 AND R-2, SECTION 26, APN 511-042-012 AND 511-042-011. WHEREAS, 111/Camino Real LLC ("Applicant') has filed an application with the City pursuant to Section 9.62 of the Municipal Code, Section 94.03.00 of the Zoning Ordinance and Section 92.25.00 of the Zoning Ordinance for a Tentative Tract Map and Planned Development District to allow the construction of 25 residential condominiums, 9 single-family residences, and a restaurant in the Resort Overlay Zone ("Project), located at the corner of Camino Real and East Palm Canyon Drive, Zone R-3 and R-2, Section 26, APN 511042012 AND 511042011; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider the application for Case 5.1022 PD-305 and TTM32732 was given in accordance with applicable law; and WHEREAS, on July 6, 2005, a public hearing on the project was held by the City Council in accordance with applicable law; and WEHERAS, the Conditional Use Permit to allow the construction of multiple-family residential in the Resort Overlay has been reviewed and approved by the Planning Commission, subject to the City Council approval of the Planned Development District; and ' WEHERAS, the Conditional Use Permit to allow the restaurant use in the R-3 Zone has been reviewed and approved by the Planning Commission, subject to the City Council approval of the Planned Development District; and Resolution No. 21316 Page 2 WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm ' Springs to consider the application for Case 5.1022 PD-305 and TTM32732 was given in accordance with applicable law; and WHEREAS, on May 11, 2005, a public hearing on the project was held by the Planning Commission 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, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that the Initial Study and Mitigated Negative Declaration adequately address the general setting of the project, its potentially significant impacts, and the mitigation measures related to each significant effect for the proposed project. The City Council further finds that with the adoption of the proposed Mitigated Negative Declaration, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. ' Section 2: The proposed project has the single-family residential within the R-2 portion of the property. The R-2 Zone allows single-family residential use, subject to the R-1-A development standards. The single-family residential use in the R-2 Zone is consistent with the Zoning Ordinance for the use, but the Planned Development District will define the development standards for the single-family residences. The following table outlines the development standards for the single-family residences: Single Family Residences — R-2 (R-1-A standards) Required Proposed Lot Area 20,000 Square Feet 6,150 to 10,788 Square Feet Lot Width 130 Feet (Interior) 65 to 83 Feet 140 Feet (Corner) 67 to 75 Feet Lot Depth 120 Feet 90 to 158 Feet Front Yard 25 Feet 5 Feet Side Yard 10 Feet 5 to 18 Feet Rear Yard 15 Feet 25 to 55 Feet Lot Coverage 35% 21 % to 37% Minimum Dwelling Size 1,500 Square Feet 2,300 Square Feet Building Height 12 Feet 24 Feet Maximum ' (At minimum Set Back) (18 Feet Maximum) Garage Access 25 Feet 5 Feet Resolution No. 21316 Page 3 Section 3: The proposed project has the multiple-family residential within the R-3 portion of the property. The R-3 Zone allows multiple-family residential use, subject to the R-3 development standards. The multiple-family residential use in the R-3 Zone designation is consistent with the Zoning Ordinance for the use, but the Planned Development District will define the development standards for the multiple-family residences. The following table outlines the development standards for the residential condominiums: Multiple Family Residential — R-3 Required Proposed Lot Area 20,000 square feet 149,897 square feet Lot Width 170 feet 492 feet Lot Depth 175 feet 242 feet Density 1 dwelling unit / 2,000 square feet 75 dwelling units 25 dwelling units Building Height 24 feet 24 feet Front Yard 30 feet 34 feet (Major Thoroughfare) Side Yard 25 feet 61 feet (east property line) 20 feet (west property line) Rear Yard 25 feet 25 feet Building Distance 15 feet 14 to 19 feet 30 feet 40 feet (courtyard) Parking Requirements 42 Covered 50 Covered (2 per unit) 10.5 Guest 25 Guest (1 per unit) Section 4: The proposed project has the restaurant within the R-3 Zone designation portion of the property. The R-3 Zone designation allows the restaurant use, subject to a conditional use permit. The restaurant use in the R-3 Zone designation can be consistent with the Zoning Ordinance; subject to the criteria per Section 92.04.01.D.17 and findings for the conditional use permit. The Planned Development District is proposing relief in the criteria for minimum lot area for the restaurant use. The following table outlines the development standards for the restaurant: Restaurant— R-3 ' (Section 92.04.01.D.17) Required Proposed Lot area 30,000 Square feet 24,766 Square feet Frontage on major 100 Feet 138 Feet thoroughfare Resolution No. 21316 Page 4 Distance from any single-family 150 Feet 405 Feet , residential zone Parking allowed in front yard None None Landscaped open space 25% of total site area 25% - 30% Restaurant— R-3 Required Proposed Lot Width 170 Feet 138 Feet Lot Depth 175 Feet 148 Feet Building Height 24 Feet 18 Feet Front Yard Set Back 30 Feet 25 Feet Side Yard Set Back 20 Feet 20 Feet (Camino Real) 18 Feet 70 Feet Rear Yard Set Back 15 Feet 50 Feet Parking (69 Seats) 23 Required (1 space per 3 23 Parking Spaces seats) Section 5: Pursuant to Section 94.02.00 of the Zoning Ordinance, the restaurant use is appropriate, subject to the following findings: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; ' The R-3 Zone allows for the restaurant use, subject to a conditional use permit and the criteria outlined in Section 92.04.01.D.17 of the Zoning Ordinance. b. That 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 project would contribute to the services offered to visitors and permanent residences of the City. The proposed restaurant will provide a service to this development and the surrounding neighbors. The proposed project is desirable for the community and is in harmony with objectives of the General Plan is not detrimental to existing uses or to future uses. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The subject property is adequate in size and shape for the restaurant use and will not ' affect the future uses of land in the neighborhood. 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; Resolution No. 21316 Page 5 The proposed restaurant is serviced by a collector street (Camino Real) and an emergency access, within the proposed project, to a major thoroughfare (East Palm Canyon Drive). Both of these streets are fully improved and have the capacity to carry the type and quantity of traffic expected to be generated by the restaurant use. 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 modification of the zone's property development standards. The proposed criteria for a conditional use permit for the restaurant and the proposed development standards of the Planned Development District are necessary to protect the public health, safety and general welfare. Section 6: Pursuant to Section 92.25.00 of the Zoning Ordinance, the residential land use is appropriate in the Resort Overlay subject to the following findings: and a. That the proposed use is compatible with its surroundings; The subject property is adequate in size and shape for the proposed multi-family and is surrounded by a mixture of hotel, commercial, single-family residences, and multiple- family residential properties. The proposed project is serviced by fully improved streets that have the capacity to carry the type and quantity of traffic expected to be generated. b. That the site in question is not appropriate for other uses allowed by right within the underlying zone; There is a shortage of housing in the City of Palm Springs and the proposed project would contribute to the housing supply for the City. The proposed project is desirable for the community and is in harmony with the Housing Element and objectives of the General Plan. Section 7: Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: 1. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan. The General Plan designation for the site is H43/21, High Density Residential. The General Plan allows up to 116 dwelling units on the project site. The applicant is proposing 34 dwelling units and 1 commercial unit. Therefore, the proposed project is consistent with the General Plan. 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the Planning Commission finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's Resolution No. 21316 Page 6 General Plan. All street, drainage, and utilities improvements will be constructed to the ' standards of the General Plan and Conditions of Approval associated with TTM 32732. The Planned Development District development standards have been determined to be compatible with overall goals and policies of the General Plan in order to provide quality architecture, open space and distinctive landscape elements. Therefore it is concluded that the Planned Development District development standards will not be in conflict with the overall intent of the General Plan. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The project proposes the subdivision of approximately 5.55 acres into 11 lots of: 1 lot of approximately 149,897 square feet (3.44 acres) for 25 condominiums, 9 lots of approximately 6,150 to 10,788 square feet for the 9 single family residences, and 1 lot of approximately 24,766 square feet for the restaurant. The proposed development is under the maximum allowable density of 116 units, as permitted under the General Plan. The subject property is surrounded with a mix of single-family residential, multiple-family residential, hotel, and commercial uses and acts as a transition area between a more dense development pattern to the north and single-family neighborhood to the south. 4. The design of the proposed subdivision or the proposed improvements is 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 Initial Study and Mitigated Negative Declaration. The incorporation of the mitigation measures as prescribed in the Mitigated Negative Declaration will ensure that any potentially significant impacts will 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. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must comply with the conditions of approval 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. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. ' The applicant will be required to construct on and off-site improvements. Therefore the design and the type of improvements proposed will not conflict with easements acquired by the public at large. Resolution No. 21316 Page 7 ADOPTED THIS 29'h day of June, 2005. David H. Ready, City Maw ggeer ATTEST: Jai es Thompson, City C erk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21316 is a full, true and correct copy, and was duly adopted at an adjourned regular meeting of the City Council of the City of Palm Springs on June 29, 2005, by the following vote: AYES: Members Foat, Mills, McCulloch, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTAIN: None fees Thompson, City Clerk ity of Palm Springs, California Resolution No. 21316 Page 8 Department of Planning Services vv NE Vicinity Map 4[1kpR� J Q UJ z' SUNTAN LN U C=? z � Q J C5 aj J Z 2 W W E PALM CANYON DR TWIN PALMS DR APACHE PAD O ¢ C) WWC O U Z Q Z Q CITY OF PALM SPRINGS CASE NO.: 5.1022 /TTM 32732 DESCRIPTION: Application by 111/Camino Real Ljand� for a Tentative Tract Map and a Planned Developm Planned Development District 305/ District to subdivide approximately 5.55 acres to construct 25 condominiums, 9 single-family residen Tentative Tract Map 32732 and a restaurant. Location: corner of Camino Real East Palm Canyon Drive, Zone R-3/R-2, Section 26 APPLICANT: 111/Camino Real LLC Resolution No. 21316 Page 9 EXHIBIT A CONDITIONS OF APPROVAL CASE TTM32732 -TENTATIVE TRACT MAP CASE 5.1022 PD-305 - PLANNED DEVELOPMENT DISTRICT 111/CAMINO REAL LLC CAMINO REAL AND EAST PALM CANYON DRIVE JULY 6, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the: City Attorney. ADMINISTRATIVE a 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 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 TTM32732—Tentative Tract Map and Case 5.1022— Planned Development District 305. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, 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. Resolution No. 21316 Page 10 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. ' The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single- family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The fee shall be collected by the Planning Services Department. 6. The Project will bring additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government C. Section 53311 et seq, or other appropriate statutory or municipal ' authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. CC&R's 7. 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 Services for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. 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, 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 10. The project area has the possibility of buried resources. A Native American Monitor shall be present during all ground-disturbing activities. Resolution No. 21316 Page 11 a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall-be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, Department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS 14. The Planned Development District approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 15. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map and/or Planned Development District application. 16. 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 a 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. 17. 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. Resolution No. 21316 Page 12 18. 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. 19. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 20. All materials on the flat portions of the roof shall be earth tone in color. 21. All awnings shall be maintained and periodically cleaned. 22. 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. 23. 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. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. ' 25. 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. 26. The street address numbering/lettering shall not exceed eight inches in height. 27. 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. 28. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 29. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 30. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 31. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 32. Vehicles associated with the operation of the proposed development including company ' vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 33. 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 Resolution No. 21316 Page 13 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. 34. The applicant shall provide all tenants with Conditions of Approval of this project. 35. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces shall be 18 feet deep by 9 feet wide plus an 8 foot walkway at the right side of the parking space and shall be designated as "van accessible". 36. 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. 37. 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. 38. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 39. 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. 40. 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. 41. 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. 42. 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. 43. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 44. The development standards for the single-family residences are as follows: Single Family Residences — R-2 R-1-A standards Lot Area 6,150 to 10,788 Square Feet Lot Width 65 to 83 Feet 67 to 75 Feet Lot Depth 90 to 158 Feet Front Yard 5 Feet Side Yard 5 to 18 Feet Rear Yard 25 to 55 Feet Lot Coverage 21 % to 37% Minimum Dwelling Size 2,300 Square Feet Resolution No. 21316 Page 14 Buildinq Hei ht 24 Feet Maximum ' Gara e Access 5 Feet 45. The development standards for the residential condominiums are as follows: Multiple Family Residential— R-3 Lot Area 149,897 Square Feet Lot Width 492 Feet Lot Depth 242 Feet -Density 25 dwellin units -Building Height 24 Feet Front Yard 34 Feet Side Yard 61 Feet East Property Line 20 Feet West Property Line Rear Yard 25 Feet -Building Distance 14 Feet to 19 Feet 40 Feet -Parking Requirements 50 Covered 2 per unit 25 Guest 1 per unit 46. The development standards for the restaurant are as follows: Restaurant— R-3 Section 92.04.01.1).17 Lot area 24,766 Square feet Frontage on major thoroughfare 138 Feet Distance from any single-family residential zone Parking allowed in front yard None Landscaped open space 25% Lot Width 138 Feet Lot Depth 148 Feet Building Height 18 Feet Front Yard Set Back 25 Feet Side Yard Set Back 20 Feet 70 Feet Rear Yard Set Back 50 Feet Parking 23 Parking Spaces 69 Seats POLICE DEPARTMENT 47. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT , 48. Prior to any construction on-site, all appropriate permits must be secured. Resolution No. 21316 Page 15 FIRE DEPARTMENT 49. Shall comply with all Fire Department codes and regulations ENGINEERING DEPARTMENT The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 50. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 51. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. EAST PALM CANYON DRIVE 52, Dedicate an easement for sidewalk purposes along the entire frontage for portions of the sidewalk that encroach onto private property, including concentric with the back of the sidewalk adjacent to the bus turn out. 52A: In the event widening of East Palm Canyon Drive to its General Plan width is deferred, in accordance with City Council direction, the applicant shall be responsible for submitting cash security in an amount equal to the cost of the removals and improvements related to the widening of East Palm Canyon Drive, as indicated in conditions 53 through 55, and 94 below. The applicant shall enter into an agreement with the City of Palm Springs providing the City with the costs to design and construct the future widening of East Palm Canyon Drive to its General Plan width. The agreement shall be secured with cash security, and said security shall be available to the City at such time as the City deems the widening is necessary, with no time limit for the expenditure of deposited funds. The applicant shall submit written estimates of the cost to remove existing street improvements and to construct street improvements as necessary to widen East Palm Canyon Drive to its General Plan width, including relocation of the existing traffic signal, subject to the approval of the City Engineer. Estimates shall reflect public bid item prices, and include appropriate estimates for the costs of design and construction administration. The agreement shall be executed by the applicant and cash security provided in an amount equal to the approved Engineer's estimate, prior to approval of a Final Map by the City Council. The applicant shall submit a deposit of $2,000 for preparation of the Street Improvement Deferral Agreement, and shall be subject to actual costs associated with its preparation by the City Attorney. Provisions related to the deferral of the East Palm Canyon Drive widening shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project, advising all property owners of the deferred improvements associated with this project, and the City's right to widen East Palm Canyon Drive to its General Plan width at such time as it deems necessary. The provisions shall indemnify and hold the City harmless from any claims or liabilities from future property owners associated with the City's right to construct the deferred street improvements in the Resolution No. 21316 Page 16 future, subject to the review and approval by the City Attorney. In the event the City's ' General Plan is changed in the future to reduce the width of East Palm Canyon Drive such that the currently required widening is not necessary, the agreement with the City shall ensure that the cash security deposited by the applicant is returned. 53. Remove the existing curb and gutter, and sidewalk, and construct an 8 inch curb and gutter 38 feet south of the centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 54. Construct a 35 feet radius curb return and spandrel at the southeast corner of East Palm Canyon Drive and Camino Real, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 55. Remove and reconstruct the existing nuisance drain and connection drainage pipe located at the southeast corner of East Palm Canyon Drive and Camino Real, to the satisfaction of the City Engineer, 56. Construct an 8 feet wide meandering colored concrete sidewalk along the entire frontage. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. Note, this condition defers construction of the master-planned bikepath along the south side of East Palm Canyon Drive; the developer shall deposit with the City $5,000 to construct a future Class II bikepath across the entire frontage, as approved by the City Engineer. GORM �t R q fept wide meandeFingG8IE)FedGE)RGFete sidewalk aleng the entire frontage. The admixtum shall be Springs Tan, Desert Sand, or approved equal GOIGF by the Engineering DiviGlem Note, this condition defers .. nstr ctie of the master planned bike path .,long the south side of E Palm ('....yon DFiVe; the developer shall deposit with the City $6 000 to a str a•rrm- et a futUFe Class II bike path a the. entire frontage, as approved by the. City En 57. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast corner of East Palm Canyon Drive and Camino Real in accordance with City of Palm Springs Standard Drawing No. 212. 58. Construct a minimum 20 feet wide emergency access driveway approach and 6 inch concrete driveway with a centerline located approximately 35 feet west of the east property line as shown on the approved site plan in accordance with City of Palm Springs Standard Drawing No. 201. The access shall be gated and locked; with a lock box key provided to the Fire Department for emergency access. 59. Construct a 170-feet long by 12-feet wide bus turn out at the southeast corner of East Palm Canyon Drive and Camino Real. Construction of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. Bus stop furniture and other accessories, as required by Sunline Transit Agency, shall be provided by the developer. 60. Construct a minimum section of 5 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire ' frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "II values from the project site and submitted to the City Engineer for approval. Resolution No. 21316 Page 17 CAMINO REAL 61. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. GORStF_rt an 8 feet wide sidewalk be."ind the eurb alang the entire frontage in a6eordanee with City of PaIrn 62. Remove the existing curb and gutter as necessary to construct a 32 feet wide driveway approach (Main Entry) in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the Main Entry shall be located approximately 260 feet south of the centerline of East Palm Canyon Drive, as shown on the approved site plan. 63. Construct a Type C curb ramp meeting current California State Accessibility standards at each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 214. 64. All broken or off grade street improvements shall be repaired or replaced. TWIN PALMS DRIVE 65. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 66. All broken or off grade street improvements shall be repaired or replaced. ON-SITE DRIVEWAYS AND PARKING AREAS 67. All on-site private driveways, drive aisles, parking areas and other common access areas shall be constructed in accordance with the approved site plan. All drive aisles shall have a 24 feet minimum width. All en site Private driveways, dFive a[s ,greaq and other rnmmen nrpess areas shall be BORStMeted in aeE;E)FdaR6e with the appFE)ved site plan. All dFive aisles shall have a 26 feet miRimu.m. width. 68. Construct curbs, curb and gutter, and cross-gutters as necessary to accept and convey on-site storm water runoff to on-site detention basins and/or parkways, in accordance with applicable City Standards. 69. Construct a minimum pavement section of 2'/ inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. 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. 70. The 20 feet wide emergency access to East Palm Canyon Drive shall be constructed as a concrete driveway, or with turf block or other approved permanent and stabile materials, as approved by the Fire Marshal. SANITARY SEWER 71. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. Resolution No. 21316 Page 18 72. An on-site private sewer system shall collect sewage from the development and connect to the ' public sewer system in Camino Real and/or East Palm Canyon Drive. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards. A profile view of the on-site private sewer mains are not necessary provided sufficient invert information is indicated on the plan view, including elevations with conflicting utility lines. Connection of the on-site private sewer system to the public sewer main shall be connected as a lateral and not to an existing manhole or with a new manhole. Plans for sewers other than the private mains, (i.e. building sewers and laterals from the buildings to the on-site private sewer mains), are subject to review and approval by the Building Division. 73. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. GRADING 74. Submit a Precise Grading and Paving Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its ' grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 75. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 76. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from ' the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. Resolution No. 21316 Page 19 77. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 78. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 79. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 80. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Report for Tract 32732, prepared by Fomotor Engineering, (as may be amended and/or revised). The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for the development, as approved by the City Engineer. The preliminary Hydrology Report for the development shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 81. On-site retention/detention basins shall be limited in size and depth if proposed along the perimeter of the development. Not more than 40% to 50% of the perimeter of the development shall be used for retention purposes. The size and location of above ground retention/detention basins shall be subject to review and approval by the Director of Planning Services and the City Engineer. 82. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a storm water runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 83. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 84. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 85. All proposed utilities shall be installed underground. Resolution No. 21316 Page 20 86. All existing utilities shall be shown on the grading plans. The existing and proposed service ' laterals shall be shown from the main line to the property line. 87. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved plans shall be submitted to the City Engineer for approval prior to construction. 88. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the south and east property lines, as well as the overhead line terminating at the northwest corner of the property meet the requirement to be installed underground. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. .R_Fd_R Pe with Chapter 8.04 and of the City Or Palm Springs ^."_ni6pW1 lines,Code, all existing and PFOpesed eleGtFiCal lines ef thirty five thousand velts or less and overhead serv'E)e dFE)p eanduetors, and a'! gas, telephone, television eable service, a service wiFes OF whieh are on site, abutting, ' shall be insta ae .d n ale _efe stF t'e shown General 0Fde 95 n.d 128 id of California Publie Utilities Commission, and service reqUiFements published by the utilities. -A detailed plan approved by the o er(s) of the affeste.l utilities .depicting all above ..r facilities in the aFea Of the PFE)jeE;t to be undergrounded, shall be submitted to the g Division prior to appreval of any grading plan. hdutilities the d ty lines, s+L. �he�cis�i',.,g e.,er ea aareap e south en eastproper p ea as wellae oveFhead "Re terminafing at the northwest eOFner Of the pFaperty meet the requiFement to be nstalled underground. The .deyelep is advised to investigate the patUre of these tilitie thee availability Of undergrounding these utilities with FeSpeGt to adjaGent and off site FBpert#es-, if utility undeFgMunding is deferred in aOOOFdan6e with speeifie direction by the Planning Commission and/OF Gity Gouneil, the recard property OWReF shall enter into a coven agreeing to underground all Of the existing overhead Utilities FeqU'Fed by the Muniripal God the-futWe UPO est of the Gity of Palm SpFiRa.. Gity Engineer at such time as ud&erned The GaV8.R8Rt Shall he executed and netar'ze.d by the PFePeFty and -;-thinittpd to the City Engineer pFPeF tO issuanee Of a grading permit. A current title report; r-a COPY Of a eUrFent ta3E bill and a eopy of a vesting gFaRt deed shall be provided to veFify eurFent property ownership 4 s nt nronarat'on fee of Nd 36 shall be paid by the .developer PFi t ssuanee Of an.,gra.d'pg er h 'Irling n mites 89. Nothing shall be constructed or planted in the public right-of-way which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code 93.02.00 D. Resolution No. 21316 Page 21 90. 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 Standard Drawing No. 904. MAP 91. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. TRAFFIC 92. The developer shall deposit the sum of $3,300 as the proportionate share of the cost of future construction of traffic calming measures to be installed by the City or others on Camino Real, to mitigate increased traffic in the area resulting from this development. 93. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed to control egressing vehicles from the development in accordance with City of Palm Springs Standard Drawing No. 620-625 at the Main Entry. 94. The existing traffic signal at East Palm Canyon Drive and Camino Real shall be modified as necessary to facilitate the required widening of the southeast corner of the intersection of East Palm Canyon Drive and Camino Real. Submit traffic signal modification plans and technical specifications (special provisions) prepared by a registered Civil or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be modified in conjunction with adjacent street improvements, and shall be completed prior to issuance of a certificate of occupancy. In the event widening of East Palm Canyon Drive to its General Plan width is deferred, in accordance with City Council direction, preparation of traffic signal modification plans shall not be required, however, the applicant shall be responsible for submitting cash security in an amount equal to the cost of the design and construction of the traffic signal modification, in accordance with an agreement between the applicant and the City. Th. + „ a signal at East Palm GanyGR Drived r mine Real shall hp.as me `� """"7`" J e-iitc:.,.. iivn of traffie signal modifieation plans and far *Feview and approval by the City Engineer. The 6 SigRal shall be medified in ee 95. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the East Palm Canyon Drive, Camion Real, and Twin Palms Drive frontages of the subject property. A-" above ground#aeititieess'-bmfity. The developer shall previde�� hn r Resolution No. 21316 Page 22 96. 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. 97. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of building permits. 1