HomeMy WebLinkAbout21388 - RESOLUTIONS - 9/7/2005 RESOLUTION NO. 21388
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 31104 TO SUBDIVIDE APPROXIMATELY
1.46 ACRES TO RENOVATE THE HOTEL, CONVERT A
PORTION OF THE HOTEL TO CONDOMINIUMS, AND
CONSTRUCT NEW CONDOMINIUMS, LOCATED AT 640
NORTH INDIAN CANYON, ZONE R-3, SECTION 11, APN
507183006.
WHEREAS, Nejat Kohan ("Applicant') has filed an application with the City pursuant to
Section 9.63 of the Municipal Code for a Tentative Tract to subdivide approximately
1.46 acres to renovate the hotel, convert the hotel to condominiums, and construct new
condominiums, located at 640 North Indian Canyon, Zone R-3, Section 11; 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 Tentative Tract Map; and
WEHERAS, the Architectural Approval for the renovation of Building A as hotel use,
renovation of Building B as residential condominium use, and construction of Building C
as hotel use with underground parking; has been reviewed and approved by the
Planning Commission, subject to the City Council approval of the Tentative Tract Map;
and
WEHERAS, the applicant has agreed to pay for the Movie Colony Street Calming
Program; and
WEHERAS, the applicant shall abide by the schedule as outlined in the Conditions of
Approval; and
'WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider the application for Tentative Tract Map 31104 and Case No. 5.1019
was given in accordance with applicable law; and
WHEREAS, on July 13, 2005, a public hearing on the application for Tentative Tract
Map 31104 and Case 5.1012 was held by the Planning Commission in accordance with
applicable law; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider the application for Tentative Tract Map 31104 was given in accordance with
applicable law; and
WHEREAS, on September 7, 2005, a public hearing on the application for Tentative
Tract Map 31104 was held by the City Council in accordance with applicable law; and
Resolution No. 21388
Page 2
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 FINDS 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: Pursuant to Government Code Section 66474 (Subdivision Map Act), the
City Council 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 62 hotel units or 30 dwelling units or a
combination of hotel and dwelling units on the project site. The applicant
is proposing 18 hotel units and 20 dwelling units for the approximately
1.46 acre site. The proposed project is hotel and residential use; 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 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
31104.
The proposed project consists of legal, nonconforming structures and a '
new structure. The nonconforming structures are exempt from meeting
Zoning Ordinance development standards. The new construction will
Resolution No. 21388
Page 3
comply with the Zoning Ordinance development standards. With the
Conditions of Approval, the proposed project has 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 proposed project 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.
i The project proposes the subdivision of approximately 1.46 acres for hotel
and residential condominium use. The proposed development is at the
maximum allowable density of 18 hotel units and 20 dwelling 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. The subject property is physically suitable for the type
and density of development.
4. The designs 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 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 designs 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. 21388
Page 4
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE ,
AS FOLLOWS:
1 Adopts the Mitigated Negative Declaration and Mitigation Monitoring and
Reporting Program prepared for the project; and
2 Approves Case TTM31104 subject to the conditions contained in Exhibit "A" and
"B„
ADOPTED this 7th day of September, 2005.
David H. Ready, City Ma er
ATTEST:
J mes Thompson, City Jerk
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. 21388 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs -on September 7, 2005, by the
following vote:
AYES: Members Mills, McCulloch, Pougnet and Mayor Oden
NOES: None
ABSENT: Councilmember Foat
ABSTAIN: None
es Thompson, City Clerk
ity of Palm Springs, California
Resolution No. 21388
Page 5
1 Exhibit "A"
CONDITIONS OF APPROVAL
CASE TTM31104 - TENTATIVE TRACT MAP
SPANISH INN
640 NORTH INDIAN CANYON DRIVE
SEPTEMBER 7, 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
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 TTM31104 — Tentative Tract
Map. 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,
Resolution No. 21388
Page 6
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.
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
Resolution No. 21388
Page 7
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,
The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$10,000, for the review of the CC&R's by the City Attorney. A $2,000 filing fee shall
also be paid to the City Planning Department for administrative review purposes.
' Cultural Resources
8. 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.
9. The project area has the possibility of buried resources. A Native American Monitor
shall be present during all ground-disturbing activities.
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
1 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
Resolution No. 21388
Page 8
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 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.
15. 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.
16. 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.
17. 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.
18. All materials on the flat portions of the roof shall be earth tone in color.
19. All awnings shall be maintained and periodically cleaned.
20. 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.
Resolution No. 21388
Page 9
' 21. 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.
22. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 9302.00.D.
23. 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.
24. The street address numbering/lettering shall not exceed eight inches in height.
25. 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.
26. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
27. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
' 28. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
29. No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
30. 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.
31. 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.
32. The applicant shall provide all tenants with Conditions of Approval of this project.
33. 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".
Resolution No. 21388
Page 10
34, 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,
35. 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.
36. Parking lot light fixtures shall align with stall striping and shall be located two to
three feet from curb face.
37. 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.
38. 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.
39. 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.
40. 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.
41. Tree wells shall be provided within the parking lot and shall have a planting area
of six feet in diameter/width.
42. The development standards for the legal, nonconforming structures are as
follows:
Lot Area 63,698 square feet
Lot Width 357 feet
Lot Depth 220 feet to 345 feet
Density— Hotel 1 unit per 1,000 square feet
Density - Condominium 1 unit per 2,000 square feet
18 hotel units, 20 condominium units
Building Height 24 feet
Front Yard 10 feet
Side Yard 10 feet
Rear Yard 10 feet '
Building Distance 5 feet to 10 feet
Resolution No. 21388
Page 11
43. The applicant shall voluntarily pay for the cost of the Movie Colony Street
Calming Program and shall pursue private reimbursements from the other
participating properties. The City shall not have any obligation or enforcement of
such private reimbursement agreements
44. The applicant shall agree to the following schedule for development of the
proposed project:
Description Timeline (Date)
All internal demolition 3 months after final map
Submit for final map Within 1 year of TTM approval
Apply for grading permits 6 months after final map
Secure grading permits 1 year after final map
Submit construction plans 6 months after final map
Apply for building permits 1 year after final map
Complete construction 2 years after final map
Certificate of Occupancy 3 years after final map
POLICE DEPARTMENT
45. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code,
BUILDING DEPARTMENT
46. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
47. Shall comply with all Fire Department codes and regulations
ENGINEERING DEPARTMENT
48. See Exhibit B
Resolution No. 21388
Page 12
Exhibit "B"
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
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
3. Tentative Tract Map 31104 proposes a partial abandonment of the south half of
the existing right-of-way for Via Altamira adjacent to the project site, to facilitate
construction of new bay parking spaces along the Via Altamira frontage. A
partial abandonment of Via Altamira right-of-way is not possible, and the
proposed improvements within Via Altamira will require the full abandonment of ,
right-of-way, consistent with the "Movie Colony Traffic Calming Program"
adopted by the City Council on June 15, 2005.
4. Vacation of right-of-way is required to facilitate the proposed development
application. An application for the right-of-way vacation of Via Altamira between
Indian Canyon Drive and Via Chica, Gran Via Valmonte between Indian Canyon
Drive and Via Chica, and Via Chica between Via Altamira and Via Colusa shall
be submitted to the Engineering Division for separate processing and approval,
all as necessary to implement the "Movie Colony Traffic Calming Program"
adopted by the City Council on June 15, 2005. As necessary, coordinate final
relocation, adjustment or abandonment of all utilities with the respective utility
companies, and demolition of all existing improvements, reconstruction of
affected intersecting streets, and coordination of improvements with adjacent
property owners, as appropriate, with the Engineering Division. The right-of-way
vacation shall be conditionally approved by the City prior to approval of a final
map, and shall not be recorded until completion of the construction of the street
improvements necessary to implement the "Movie Colony Traffic Calming
Program".
5. The applicant shall be responsible for the design and construction of the street
improvements required to implement the "Movie Colony Traffic Calming
Program" adopted by the City Council on June 15, 2005. The street
improvements have been conceptually outlined by the Engineering Division, and
Resolution No. 21388
Page 13
will be made available to the applicant upon request. The required street
improvements to implement the "Movie Colony Traffic Calming Program" are
generally listed within these conditions; however, additional requirements may be
added at the discretion of the City Engineer as street improvement plans are
prepared by the applicant for review and approval by the City Engineer. The
applicant is advised that not all required street improvements necessary to
implement the "Movie Colony Traffic Calming Program" are specifically listed
herein, and that off-site street improvements are required as a condition of this
development.
6. The Engineering Division has estimated the total cost of the "Movie Colony
Traffic Calming Program" at approximately $362,000 with an estimated fair share
of $111,000 assigned to the proposed development. The applicant may request
to enter into a reimbursement agreement with the City that provides for
reimbursement to the applicant from other property owners subject to the "Movie
Colony Traffic Calming Program", as identified by the City. Reimbursement shall
be determined as the proportionate share of the cost of constructing the street
improvements, as approved by the City Engineer, and reimbursement shall be
made to the applicant as reimbursements are received, if any, in accordance with
the terms of the reimbursement agreement. The developer shall deposit $2,000
with the Engineering Division for costs associated with preparation of the
reimbursement agreement by the City Attorney, and shall be liable for all costs in
the preparation thereof.
INDIAN CANYON DRIVE
7. Dedicate an additional 20 feet to provide the ultimate half street right-of-way
width of 50 feet along the entire frontage, together with a property line - corner
cut-back at the northwest and southwest corners of the subject property in
accordance with City of Palm Springs Standard Drawing No. 105.
*8. Remove the existing 8 inch curb and gutter located 26 feet east of centerline and
replace with an 8 inch curb and gutter located 38 feet east of centerline along the
entire frontage, with a 25 feet radius curb return and spandrel at the southeast
corner of the intersection of Indian Canyon Drive and Via Altamira and at the
northeast corner of the intersection of Indian Canyon Drive and Granvia
Valmonte, in accordance with City of Palm Springs Standard Drawing No. 200
and 206.
*9. Remove the existing curb return and spandrel at the southeast corner of the
intersection of Indian Canyon Drive and Granvia Valmonte, as necessary to
coordinate with the "Movie Colony Traffic Calming Program" street
improvements.
*10. Construct an 8 feet wide cross gutter across the Indian Canyon Drive and Via
Altamira intersection, and across the east leg of the Indian Canyon Drive and
Resolution No. 21388
Page 14
Granvia Valmonte intersection, as necessary to coordinate with the "Movie ,
Colony Traffic Calming Program" street improvements, in accordance with City of
Palm Springs Standard Drawing No. 200.
*11. Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the
proposed curb along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210.
12. Construct a Type A curb ramp meeting current California State Accessibility
standards at the southeast corner of the intersection of Indian Canyon Drive and
Via Altamira and at the northeast corner of the intersection of Indian Canyon
Drive and Granvia Valmonte in accordance with City of Palm Springs Standard
Drawing No. 212.
13. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 inches 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 a
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.
VIA CHICA
14. Remove the existing asphalt pavement, and construct full width street
improvements consisting of 2'/2 inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, along Via Chica, from Via Altamira to Via Colusa, in
accordance with the "Movie Colony Traffic Calming Program". Street
improvements shall consist of a 20 feet wide, one-way street, and 45 feet
diameter traffic circles located at the intersections with Via Altamira, Granvia
Valmonte, and Via Colusa. Standard curb and gutter, wedge curb, or other
approved street edge treatment shall be constructed, as necessary to convey
street surface drainage.
15. Proposed bay parking spaces along Via Chica adjacent to this project shall be
aligned as necessary to facilitate the one-way southbound direction of Via Chica.
Perpendicular bay parking, as proposed, shall not be allowed.
16. The proposed driveway entrance into the open parking garage identified as
"Complex C" shall have a minimum width of 24 feet, and shall be constructed of 6
inches of concrete, unless otherwise approved by the City Engineer, from the
garage structure to the edge of travel way on Via Chica. The proposed driveway '
width of 20 feet is not approved.
Page 15
VIA ALTAMIRA
17. Remove the existing asphalt pavement, and construct full width street
improvements consisting of 2% inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, along Via Altamira, from Indian Canyon Drive to east of Via
Chica, in accordance with the "Movie Colony Traffic Calming Program". Street
improvements shall consist of a 24 feet wide, two-way street, and a 45 feet
diameter traffic circle located at the intersection with Via Chica. Standard curb
and gutter, wedge curb, or other approved street edge treatment shall be
constructed, as necessary to convey street surface drainage.
18. Proposed bay parking spaces along Via Altamira adjacent to this project shall be
aligned as necessary to facilitate the two-way direction of Via Altamira. Bay
parking shall be aligned perpendicular to the travel way.
GRANVIA VALMONTE
19. Remove the existing curb and gutter and asphalt pavement, and construct full
width street improvements consisting of 2'Y2 inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, along Granvia Valmonte, from Indian Canyon
Drive to Via Chica, and along Valmonte Del Norte and Valmonte Del Sur east of
Via Chica, in accordance with the "Movie Colony Traffic Calming Program".
Street improvements shall consist of a 24 feet wide, two-way street, and a 45 feet
diameter traffic circle located at the intersection with Via Chica. Standard curb
and gutter, wedge curb, or other approved street edge treatment shall be
constructed, as necessary to convey street surface drainage.
20. Proposed bay parking spaces along Granvia Valmonte adjacent to this project
shall be aligned as necessary to facilitate the two-way direction of Granvia
Valmonte. Bay parking shall be aligned perpendicular to the travel way.
SANITARY SEWER
21. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
22. An on-site private sewer system shall be constructed to collect sewage from the
development and connect to the existing public sewer system. 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 is not necessary provided sufficient invert information
is provided in 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.
Resolution No. 21388
Page 16
Plans for sewers other than the private on-site sewer mains, i.e. building sewers '
and laterals from the buildings to the on-site private sewer mains, are subject to
separate review and approval by the Building Division.
23. 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 Covenants, Conditions
and Restrictions (CC&R's) required for this project.
GRADING
24. Submit a Precise Grading Plan prepared by a California registered Civil Engineer
or qualified Architect to the Engineering Division for review and approval. The
Precise Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
25. 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 have 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.
26. 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;
and a copy of Soils Report.
27. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
28. 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
Resolution No. 21388
Page 17
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.
29. 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
I 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
30. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system.
31. The project is subject to flood control and drainage implementation fees pursuant
to Resolution 14082. The acreage drainage fee at the present time is $9,212.00
per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a
building permit.
ON-SITE
32. For on-site bay parking in residential and commercial zones, paving material
shall be decorative paving, colored and/or patterned to relate to the overall
design in accordance with Zoning Code 93.06.00.C.15.e.
33. No structures shall be constructed within existing or proposed public utility
easements.
GENERAL
34. 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. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
Resolution No. 21388
Page 18
existing asphalt concrete pavement of off-site streets required by the proposed '
development may require complete grinding and asphalt concrete overlay of the
affected off-site streets, at the discretion of the City Engineer. The pavement
condition of the existing off-site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
35. All proposed utility lines shall be installed underground.
36. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
37. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG
(AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file).
Variation of the type and format of the digital data to be submitted to the City may
be authorized, upon prior approval of the City Engineer.
38. 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 improvement
plans shall be submitted to the City Engineer for approval prior to construction.
39. Contact Whitewater Mutual Water Company to determine impacts to any existing
water lines and other facilities that may be located within the property. Make
appropriate arrangements to protect in place or relocate any existing Whitewater
Mutual Water Company facilities that are impacted by the development. A letter
of approval for relocated or adjusted facilities from Whitewater Mutual Water
Company shall be submitted to the Engineering Division prior to issuance of a
grading permit.
40. Nothing shall be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Zoning Code Section 93.02.00, D.
41. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Standard Drawing No. 904.
MAP
42. 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
Resolution No. 21388
Page 19
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.
43. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing
file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and
format of G.I.S. digital data to be submitted to the City may be authorized, upon
prior approval of the City Engineer.
TRAFFIC
44. The applicant shall relocate the existing City street lights along the Indian
Canyon Drive frontage behind the curb, as part of the widening of Indian Canyon
Drive required by this development. The relocated street lights shall have the
' existing overhead power converted to underground service through installation of
underground conduits and pull boxes between the street lights located along the
Indian Canyon Drive frontage, subject to the review and approval of the City
Engineer. Prior to removal and relocation of existing street lights, contact the
City of Palm Springs Facilities Division for requirements related to the removal
and relocation of the affected street lights.
45. Submit traffic striping plans for Indian Canyon Drive 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, and prior
to issuance of a Certificate of Occupancy.
46. 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.
47. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
*Off-Site Improvements Approved For Deferral By Covenant