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HomeMy WebLinkAbout21507 - RESOLUTIONS - 2/15/2006 RESOLUTION NO. 21507 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR CASE NO. 5.1052, PLANNED DEVELOPMENT DISTRICT 313, AND TENTATIVE TRACT MAP 33334, APPROVING A PROPOSED MIXED-USE DEVELOPMENT, AND THE CONSTRUCTION OF AN ADDITIONAL 55-UNIT CONDOMINIUM COMPLEX, ON AN APPROXIMATELY 10-ACRE PARCEL, WITHIN THE EXISTING PALM SPRINGS RACQUET CLUB, LOCATED AT 2743 NORTH INDIAN CANYON DRIVE, ZONE R-2, SECTION 3. WHEREAS, on March 16, 2005, PS Racquet Club Properties, LLC. (the "Applicant"), filed an application with the City pursuant to the City of Palm Springs Zoning Code, Section 94.03.00, for a Planned Development (PD 313) to establish a mixed-use development located on approximately 10-acre parcel, located at 2743 North Indian Canyon Drive, APN # 504-040-038, 504-133-001, 504-133-102, 504-361-002, Zone R-2, Section 3; and WHEREAS, the proposed Planned Development 313 would allow specific development standards for the project site that would allow the development of additional 55-unit townhouses and rehabilitation of the existing Palm Springs Racquet Club, including the existing Bamboo Room restaurant and existing seven bungalows; and WHEREAS, the Palm Springs Planning Commission is advisory to the City Council on the proposed Planned Development 313; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider recommendations on the proposed project was given in accordance with applicable law; and WHEREAS, on December 28, 2005, a public hearing on the application for the project was hold by the Planning Commission in accordance with applicable law; and WHEREAS, said planned development district and tentative tract map were submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, the proposed project was previously reviewed by the Design Review Committee/Architectural Advisory Committee regarding project design, architecture, site plan, and landscape design on August 28, 2005; and WHEREAS, the proposed Planned Development 313 is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Draft Mitigated Negative Declaration has been prepared for this Project and provided to the Planning Commission on December 28, 2005, and was distributed on December 3, 2005 for 20-day Resolution No. 21507 Page 2 public review and comment which ended December 23, 2005 in accordance with CEQA; ' and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the public hearing on the proposed project, including but not limited to the plans and regulations of the proposed Planned Development schematic site plan, conceptual elevations, lighting plan, staff report, all environmental data, including the Mitigated Negative Declaration, along with all written and oral testimony presented, and has recommended that the City Council adopt the Mitigated Negative Declaration, and approve Case Number 5.1052 consisting of Planned Development District 313, Tentative Tract Map 33334 and architectural design; and, WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1052; and WHEREAS, on February 15, 2006, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and, WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence ' presented in connection with the meeting 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. A Mitigated Negative Declaration (MIND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council found that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance, and therefore the City Council adopted a Mitigated Negative Declaration for the project. The City Council independently reviewed and considered the information contained in the MIND prior to its review of this Project and the MND reflects the City Council's independent judgment and analysis. Section 2. Pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. Resolution No. 21507 Page 3 ' The proposed planned development is consistent with the goals and objectives of the R-2, Limited Multiple-Family Residential, General Plan designation which governs the subject property as well as the properties adjacent to the northern side of the subject site. The proposed project is consistent with Policy 3.6.2 of the General Plan in that the proposed height is less than the required 24 feet, however because the separation distance required cannot be met, the planned development district application becomes necessary. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The portion of the property proposed for planned development standards contains existing structures with identical setback and height. The proposed development area also abuts an R-1 use; however this is a very small portion of the approximately 10-acre parcel site. Also, the proposed fence and landscaping around the affected portion of the site will mitigate any detrimental effects that could arise from the proximity of the structures. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The proposed planned development district is necessary to accommodate the proposed type of residential incorporating two-story structures adjacent to an R-1 zone and allow for the operation of an existing restaurant which has been abandoned for almost five years. This is an effective utilization of the planned development district provision, and is not likely to be detrimental to adjacent properties or residents because the R-1 property to the north of the location is well buffered by the existing and proposed dense landscaping on the property. Section 3: Pursuant to 9.62.010 of the Palm Springs Municipal Code and Section 92.01.00 of the Zoning Ordinance, the City Council finds that: 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: Multi-family dwellings are permitted use in the R-2 Zone in accordance with the R-2 property development standards. The intent and purpose of the zone is to combine single and multiple family residences, therefore, the proposal of a single-family residence, the existing hotel units (convert to multi-family) and new multi-family in keeping with the intent and purpose of the Zone R-2. The Planned Development District may include a multiplicity of housing types, provided, the density does no exceed the General Plan requirements. 1 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 Resolution No. 21507 Page 4 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 subdivision, the rehabilitation and conversion of the existing historic structures, the new multi-family residence is compatible with uses in the R-2 zone currently applied to the site. The surrounding neighborhood consists of both single-family and multi-family residences in a variety of architectural styles. The proposed density conforms to that allowed by the General Plan; and all other Objectives and Policies appear to be met by the proposed project. - c. That the site for the intended use is adequate in size and shape to accommodate such use, including yard, 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 existing facility on the subject property is a permitted use within the zoning designation, and the existing structures on the property meets the applicable development standards in place at the time of construction. The proposed project will be similar in use to the previously approved land use; however, the addition of a multi-family use within the site requires a minor deviation from the City's development standards. The deviation only affects the separation distance from an existing residential ' use, staff believes that the proposal conforms with the existing structures setbacks; therefore, the project will not cause substantial injury or loss to the values of surrounding properties. Finally, the proposed improved Racquet Club has the potential to enhance the character and integrity of the vicinity and provide significant improvement to an existing abandoned site. d. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The proposed project is serviced by Indian Canyon Drive which is a Major thoroughfare that has the capacity to carry the type and quantity of traffic expected to be generated by the proposed residential and commercial uses. 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 location of the proposed development is approximately ten acres in size. The portion of the property that requires a deviation from the City's development standards is relatively minor in that it only affects one two-story building that is ' not likely to have any negative impact on the existing land uses in the area. Therefore the project is not likely to cause any harm to the property values of the immediate vicinity. Also this is an existing facility with fencing and thriving dense Resolution No. 21507 Page 5 landscaping which would serve as a buffer between the new structure and the existing single-family residential located north of the site. Section 4. The City Council adopts the Mitigated Negative Declaration for Case Number 5,1052 — PD-313, Tentative Tract Map 33334, and project architectural approval, and directs staff to file the associated Notice of Determination. Section 5. The City Council approves Case Number 5.1052 Tentative Tract Map 33334 and project architectural approval. ADOPTED this 151h day of February, 2006. David H. [Ready, Cites Eger ATTEST: James Thompson, City Clerk / CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Resolution No. 21507 is a full, true, and correct copy, and was adopted at a regular meeting of the City Council on February 15, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Pougnet and Mayor Pro Tern Foat NOES: Councilmember Mills ABSENT: Mayor Oden ABSTAIN: None games Thompson, City Clerk City of Palm Springs, California Resolution No. 21507 Page 6 EXHIBIT A Case No. 5.1052, PD-313, TTM 33334 Racquet Club 2743 North Indian Canyon Drive February 15, 2006 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning 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. PROJECT SPECIFIC CONDITIONS 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 proposed new two-story structure along the property line on Lot F shall be restricted to one-story building. (Added by the Planning Commission on 12128106) 3. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1052. 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. Resolution No. 21507 Page 7 4. 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, uncluding 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. 5. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 6. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted. 7. 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 or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision 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 Services 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. 8. 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 applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee shall be payable prior to the issuance of building permits. Environmental Assessment 9. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as Resolution No. 21507 Page 8 part of the Mitigated Negative Declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: MM III-1 The maximum vehicle speed limit on unpaved surfaces of the project site shall be 15 mph. MM 111-2 Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours, which are typically in the morning and the early afternoon and shall minimize obstruction of through-traffic lanes. MM 111-3 Paving activities on-site shall not occur simultaneously with the peak construction activity on-site to ensure that daily emissions of NOx associated with off-road diesel construction equipment will not exceed the SCAQMD threshold of significance. MM V-1 Rehabilitation work shall conform to the Secretary of the Interior's Standards and Guidelines for Rehabilitation. MM V-2 When any rehabilitation work is performed, thorough documentation, including plans, detailed specifications and photographs before, during, and after construction, shall be prepared and appropriately archived. MM V-3 As there is always a possibility of buried cultural resources in a project area, 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. The Agua Caliente Band of Cahuilla Indian Cultural Office shall be contacted 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. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate the find. 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. MM XI-1 For exterior noise control, a minimum five (5) foot high wall is required at the courtyards of units A2, A4, A6, A8, A10, T42, and T43, constructed to the specifications indicated on page 9 of Gordon Bricken & Associates' noise study dated August 31, 2004. MM XI-2 For interior noise control, buildings shall be constructed in accordance with the basic building shell characteristics outlined in Table 7, found on page 10 of Gordon Bricken & Associates' noise study dated August 31, 2004. Resolution No. 21507 Page 9 MM XI-3 For interior noise control, buildings shall be constructed in accordance with the basic building shell characteristics outlined in Table 7, found on page 10 of Gordon Bricken & Associates' noise study dated August 31, 2004. All second floor windows of units A2, A4, A6, A8, A10 shall have a minimum Sound Transmission Class rating of STC 28. All first floor windows of units T42 and T43 shall have a minimum Sound Transmission Class rating of STC 26 and all second floor windows shall have a minimum Sound Transmission Class rating of STC 30. MM XI-4 The noise calculations by Gordon Bricken & Associates' noise study dated August 31, 2004 depend on having windows closed; therefore having adequate fresh air ventilation without resorting to opening of the windows is required. Air conditioning shall be installed in all units adjacent to Indian Canyon Drive. MM XI-5 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM XI-6 Stationary equipment shall be placed such that emitted noise is directed away from the noise-sensitive receptors that are located to the north, west and south of the project site. MM XI-7 Stockpiling and vehicle staging areas shall be located as far as practical from noise-sensitive receptors that are located to the north, west and south of the project site. MM XI-8 Every effort shall be made during construction activities to create the greatest distance between noise sources and noise-sensitive receptors located in the vicinity of the project site. MM XI-9 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-10 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located as far as practical from existing homes to the north and south. 10. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers ' operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. Resolution No. 21507 Page 10 CC&R's ' 11. The applicant prior to issuance of building permits shall submit three (3) sets of 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 certificate of occupancy, The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. 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. 12. 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 filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Cultural Resources 13. 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. 14. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. 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 t with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Resolution No. 21507 Page 11 ' Engineering Department and one copy to the City Planning Services Department prior to final inspection. Final Design 15. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, 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. 113. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 17. 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 Services 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. Public Safety CFD 18. The Project will bring a significant number of 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 Code 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 district. Resolution No. 21507 Page 12 GENERAL CONDITIONS/CODE REQUIREMENTS , 19. The Planned Development District approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 20. The appeal period for a application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 21. 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 Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 22. 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. 23. 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. 24. 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. 25. All materials on the flat portions of the roof shall be earth tone in color. 26. All awnings shall be maintained and periodically cleaned. 27. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 28. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. ' 29. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. Resolution No. 21507 Page 13 ' 30. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 31. The street address numbering/lettering shall not exceed eight inches in height. 32. 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. 33. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 34. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 315. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 36. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 37. 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. 38. 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. 39. The applicant shall provide all tenants with Conditions of Approval of this project. 40. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 41. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". Resolution No. 21507 Page 14 42. 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. 43. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. of the Palm Springs Zoning Ordinances. 44. 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. 45. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 46. 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. 47. 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. , 48. 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. 49. 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. 50. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. Waste Disposal 51 . Trash cans shall be screened from view and kept within fifty (50) feet of the street. POLICE DEPARTMENT 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT ' 1. Prior to any construction on-site, all appropriate permits must be secured. Rosolution No. 21507 Page 15 FARE DEPARTMENT 1. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 2. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 3. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 1999 edition, as modified by local ordinance. The contractor should submit fire sprinkler plans as soon as possible. No portion of the fire sprinkler system, including water meters and underground water supply, may be installed prior to plan approval. 4. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) • Minimum Access Road Dimensions: 1. Private streets shall have a minimum width of at least 24 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. Generally, for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City engineer, to the minimum of 20 feet required by the Fire Code. No parking shall be allowed in either side of the roadway. 2. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. 3. Roads must be 40 feet wide when parking is not restricted. 5. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 6. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel Resolution No. 21507 Page 16 locations, sprinkler riser and fire alarm locations. Large projects may require more ' than one page. 7. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 8. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 9. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. 10. Fire Flow: The required fire flow for this project is 1500 gallons per minute. ENGINEERING / PUBLIC WORKS 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 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 California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. NORTH INDIAN CANYON DRIVE 3. The owner shall apply for an Encroachment Agreement from the Public Works and Engineering Division to allow the existing block wall and parking lot improvements along the entire frontage of the subject property to be maintained within the public 1 right-of-way. The agreement shall be executed by the owner prior to issuance of a building permit. Resolution No. 21507 Page 17 4. Remove the two existing northerly driveway approaches and replace with curb, gutter and sidewalk to match existing street improvements, in accordance with City of Palm Springs Standard Drawing No. 200 and 210. 5. Remove existing curb, gutter, driveway approach, and sidewalk as necessary to construct a driveway approach at the main entry in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located approximately 195 feet south of the north property line. The driveway approach shall consist of two 12 feet wide ingress lanes and two 12 feet wide egress lanes, separated by a median, as shown on the approved site plan. The driveway approach shall be constructed in accordance with the City of Palm Springs Standard Drawing No. 201. The east end of the driveway median shall not extend past the face of curb, and pedestrian access across the driveway approach shall be maintained. The final design of the entrance is subject to the review and approval by the Fire Marshall and City Engineer. Left-turn egress shall be prohibited. 6. Remove and reconstruct the existing southerly driveway approach in the same location to provide 16 feet wide ingress and egress lanes separated by a 6 feet wide median, as shown on the approved site plan. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201. The east end of the driveway median shall not extend past the face of curb, and pedestrian access across the driveway approach shall be maintained. The final design of the entrance is subject to the review and approval by the Fire Marshall and City Engineer. Left-turn egress shall be prohibited. 7. Relocate the existing fire hydrant in the existing sidewalk along Indian Canyon Drive to the landscape inset in the existing block wall located immediately to the north of the existing hydrant location as approved by the Fire Marshall. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided along the entire length of the sidewalk to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 8. Construct a raised, 14-feet wide landscaped, median island from Racquet Club Road to Francis Drive. The design shall be as required by the City Engineer, with landscaping approved by the Director of Planning. Provide two 50 feet long northbound left-turn pockets with 60 feet long bay tapers providing ingress into the northerly entry and southerly entry; provide two 50 feet long southbound left-turn pockets with 60 feet long bay tapers aligned with the existing driveways into the developments on the east side of Indian Canyon Drive located at 2636 N. Indian Canyon Drive (APN 501-051-041) and at 200 E. Racquet Club Road (APN 501-063- 075); and provide a 150 feet long southbound left-turn pocket with a 90 feet bay taper at Racquet Club Road. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. Resolution No. 21507 Page 18 9. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. 10. All median landscaping shall be guaranteed for a period of 90 days from the date of acceptance by the City Engineer. Any landscaping that fails during the 90-day landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent 90-day landscape maintenance period. 11. All broken or off grade street improvements shall be repaired or replaced. VIRGINIA ROAD 12. Construct a minimum pavement section of 2'/z inches of asphalt concrete pavement over 4 inches of crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, 14 feet on each side of centerline from the north property line to San Carlos Road 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. A driveway approach into the development shall be provided on private property where Virginia Road intersects the north property line. 13. Construct improvements at the south end of Virginia Road as required by the City Engineer. The access may be gated, with emergency access provided to the City as may be required by the Fire Marshall. 14. Furnish and install appropriate traffic striping and signage improvements to indicate "No Outlet" and "End" for the south end of Virginia Road, as required by the City Engineer. ON-SITE 15. The on-site layout of streets and parking spaces is subject to further review and approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on-site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on-site layout of streets and parking spaces as proposed. ' Resolution No. 21507 Page 19 16. Dedicate an easement extending over the private streets for public utility purposes with the right of ingress and egress for service and emergency vehicles and personnel. 17. All two-way on-site streets shall be a minimum of 24 feet wide (as measured from curb face or edge of travel way). 113. Construct a minimum 24 feet wide driveway approach located at the northwest corner of the development to align with the centerline of Virginia Road in accordance with City of Palm Springs Standard Drawing No. 201. If gated, emergency access shall be provided to the Fire Department as required by the Fire Marshall. 19. All on-site streets shall be constructed to accept and convey on-site stormwater runoff to on-site retention areas and/or drywells, in accordance with applicable City Standards. 20. Construct pavement with a minimum pavement section of 2'/z inches asphalt concrete pavement over 4 inches of crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. 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. 21. Parking shall be restricted along both sides of the on-site private streets, as necessary to maintain a clear 24 feet wide, two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the private streets as necessary to enforce parking restrictions. The Home Owners Association (HOA) shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 22. On-site gated entries shall be reviewed and approved by the City Engineer and Fire Marshall. Submit detailed entry design(s) showing storage lanes and maneuvering areas. Include standard vehicle and truck turning radius track lines on the detail(s). Sufficient storage shall be required (50 feet minimum) for vehicles entering the gated areas, and turn-around maneuvering areas shall be provided for vehicles unable to enter the gated areas. Final design shall also be subject to review and approval by the Fire Marshall. SANITARY SEWER 23. All sanitary facilities shall be connected to the public sewer system. The existing sewer services to the property may be used for new sanitary facilities. New sewer laterals shall not be connected to existing sewer manholes. Resolution No. 21507 Page 20 24. Construct an on-site private sewer system 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, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. 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. 25. The on-site sewer system shall connect to the sewer main in Indian Canyon Drive with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 26. 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 27. 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 grading permit. a. 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 AQMD at (909) 396-3752, or at www.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 Precise Grading and Paving Plan. Resolution No. 21507 Page 21 b. The first submittal of the Precise Grading and Paving 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 Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 28. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 29. 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 issuance of a grading permit. 30. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant 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. 31. 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 Precise Grading and Paving Plan. 32. 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.-I) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73- 710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 33. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Study for Tentative Tract 33334 Palm Springs Racquet Club, prepared by Robert Mainiero, dated October 12, 2005. Required on-site storm drainage improvements shall be identified in the final hydrology study and approved by the City Engineer. Resolution No. 21507 Page 22 34. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). 35. The on-site storm drainage improvements shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site storm drainage improvements acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 36. Construct storm drainage improvements, consisting of a system of individual drywells to intercept and collect on-site runoff for drainage of on-site streets as described in the Preliminary Hydrology Study for Tentative Tract 33334 Palm Springs Racquet Club, prepared by Robert Mainiero, dated October 12, 2005. The hydrology study for Tentative Tract Map 33334 shall be amended to include final drywell sizing calculations and other specifications for construction of required on- site storm drainage improvements. GENERAL 37. 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 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. 38. All proposed utility lines shall be installed underground. 39. 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. 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. The existing overhead utilities across the north property line Resolution No. 21507 Page 23 meet the requirement to be installed underground. All undergrounding of existing overhead utilities shall be completed prior to issuance of a Certificate of Occupancy. The existing overhead utilities across the north property line meet the requirement to be installed underground. The applicant is advised to investigate the nature of these utilities, the availability of undergmunding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. 40. 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. 41. 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 final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 42. 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. 43. 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. ' 44. 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. Resolution No. 21507 Page 24 MAP ' 45. 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. 46. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the Final Map, and shall be approved by the City Engineer prior to approval of the Final Map. 47. Upon approval of the 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 48. The following mitigation measures, as determined by the traffic impact study titled "Revised Traffic Study for the Palm Springs Racquet Club Expansion Project in the City of Palm Springs" (Tentative Tract No. 34443), prepared by Katz, Okitsu & Associates, dated November 1, 2005, apply to this development: a. Pay a fair share contribution determined as 1.19% of the cost of geometric modifications and street improvements (asphalt pavement widening, traffic striping and related improvements) as necessary to widen the west leg of the San Rafael Drive and Indian Canyon Drive intersection, in a manner that improves intersection capacity acceptable to the City Engineer. The applicant shall provide an Engineer's estimate of the improvements to the City Engineer for review and approval if it has not already been done by ' another developer's engineer, and shall pay the fair share contribution of 1.19% of the approved Engineer's estimate prior to approval of a final map. Resolution No. 21507 Page 25 ' 49. Install a street name sign (if identified by a name) and a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the northerly entry and southerly entry in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 50. Submit traffic striping and signage plans for Indian Canyon Drive, from Racquet Club Road to Francis Drive. The plans shall be prepared by a California registered civil engineer, for review and approval by the City Engineer. 51. All required traffic striping and signage improvements shall be completed in conjunction with required raised, landscaped median improvements on Indian Canyon Drive, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 52. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 53. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS RESOLUTION NO. 21508 A RESOLUTION OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 313, FOR THE PROPERTY LOCATED 2743 NORTH INDIAN CANYON DRIVE, ZONE R-2, SECTION 3. WHEREAS, on March 16, 2005, PS Racquet Club Properties, LLC. (the "Applicant'), filed an application with the City pursuant to the City of Palm Springs Zoning Code, Section 94.03.00 (E), for the establishment and development of a Planned Development District 313; and, WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1052 consisting of Planned Development District 313, Tentative Tract Map 33334, and the architectural approval for the project was given in accordance with applicable law; and WHEREAS, on December 28, 2005, a public hearing on the application for the project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed Planned Development 313 is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Draft Mitigated Negative Declaration has been prepared for this Project and has been distributed for public review and comment in accordance with CEQA; and, WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the public hearing on the proposed project, including but not limited to the plans and regulations of the proposed Planned Development schematic site plan, conceptual elevations, lighting plan, staff report, all environmental data, including the Mitigated Negative Declaration, along with all written and oral testimony presented, and has recommended that the City Council adopt the Mitigated Negative Declaration, and approve Case Number 5,1052 consisting of Planned Development District 313, Tentative Tract Map 33334 and architectural design; and, WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1052; and WHEREAS, on February 15, 2006, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and, WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting 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: Resolution No. 21508 Page 2 Section 1. A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City ' Council found that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance, and therefore the City Council adopted a Mitigated Negative Declaration for the project. The City Council independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council's independent judgment and analysis. Section 2. Pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the goals and objectives of the R-2, Limited Multiple-Family Residential, General Plan designation which governs the subject property as well as the properties adjacent to the northern side of the subject site. The proposed project is consistent with Policy 3.6.2 of the General Plan in that the proposed height is less than the required 24 feet, however because the separation distance required cannot be met, the planned development district application becomes necessary. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The portion of the property proposed for planned development standards contains existing structures with identical setback and height. The proposed development area also abuts an R-1 use; however this is a very small portion of the approximately 10-acre parcel site. Also, the proposed fence and landscaping around the affected portion of the site will mitigate any detrimental effects that could arise from the proximity of the structures. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The proposed planned development district is necessary to accommodate the proposed type of residential incorporating tvVo-story structures adjacent to an R-1 zone and allow for the operation of an existing restaurant which has been abandoned for almost five years. This is an effective utilization of the planned development district provision, and is not likely to be detrimental to adjacent properties or residents because the R-1 property to the north of the location is well ' buffered by the existing and proposed dense landscaping on the property. Resolution No. 21508 Page 3 ' Section 3. Pursuant to Section 94,07.00 of the Palm Springs Zoning , the official zoning map of the City of Palm Springs, referred to herein, is hereby amended to apply Planned Development District onto the proposed project site that is zoned R-2. The parcel of property legally shown on Exhibit A is approved for Planned Development District 313, specifically on the property located at 2743 North Indian Canyon Drive, Section 3, on file in the Planning Services Department, Case No. 5.1052, PD-313 and TTM 33334. ADOPTED this 15th day of February, 2006. David H. Ready,Cif anager ATTEST: -J,'mes Thompson, City CI"erk CERTIFICATION: STATE OF CALIFORNIA ) ' COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Resolution No. 21508 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 February 15, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet and Mayor Pro Tem Foat NOES: None ABSENT: Mayor Oden ABSTAIN: None games Thompson, City Clerk y /City of Palm Springs, California Resolution No. 21508 Page 4 EXHIBIT A ' PROPOSED CHANGE OF ZONE: R-2 TO PD-313 I jwWI I © ` I I - _-- � I I _ MATTHE�h� DRIVE _ T N89'43'08"W 733,08' a Q' c� 6 NOT T4 SCALE w C-4 'm qq M LLM 9yqq,,ryry,, ryry``g � N89'43'08"W � N 50M' n 0 c� w z N K] d O C7 ------- N89'46'03"W 693.68' y--- 1