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HomeMy WebLinkAbout21534 - RESOLUTIONS - 3/15/2006 RESOLUTION NO. 21534 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, TO ADOPT A NEGATIVE DECLARATION, AND APPROVE CASE NO. 5.1068, A PLANNED DEVELOPMENT DISTRICT 316, AND TENTATIVE TRACT MAP 34214, TO SUBDIVIDE APPROXIMATELY 0.55 ACRES FOR CONSTRUCTION OF A MIXED-USE PROJECT CONSISTING OF 12 TWO-STORY RESIDENTIAL CONDOMINIUMS, COMMERCIAL BUILDING, PARKING GARAGE, AND ASSOCIATED COMMON SPACE AND LANDSCAPING, LOCATED AT 803 NORTH PALM CANYON DRIVE ZONE C-1 / R-2, SECTION 10, APN 505283009. WHEREAS, 803 North Palm Canyon LLC, owner, has filed an application with the City pursuant to The City of Palm Springs of the Municipal Code Section 9.62, Section 94.02.00 of the Zoning Ordinance, and Section 94.03.00 of the Zoning Ordinance, for the establishment of TTM 34214, and establishment of Planned Development District 316, to construct a mixed- use; proposal of twelve two-story residential condominiums, a commercial building, a parking garage, common space, and associated landscaping; and WHEREAS, in accordance with Section 15303 of the California Environmental Quality Act 1 (CEQA) guidelines, a draft Negative Declaration of environmental impact was prepared for the proposed project; and WHEREAS, the proposed Tentative Tract Map would allow re-subdivision of land for condominium purposes, and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1068, PD-316, and TTM 34214, was given in accordance with applicable law; and WHEREAS, on February 8, 2006 a public hearing to consider Case No. 5.1068, PD- 316, and TTM 34214, was held by the Planning Commission in accordance with applicable law and all of the evidence was presented in connection with the public hearing on the proposed project, the Negative Declaration, along with all written and oral testimony presented, with a recommendation that the City Council adopt the Negative Declaration, and approve Case Number 5.1068 consisting of a mixed-use proposal of twelve two-story residential condominiums, a commercial building, a parking garage, common space, and associated landscaping; and WHEREAS, the proposed Planned Development District 316 is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Draft Negative Declaration has been prepared for this Project and provided to the Planning Resolution No. 21534 Page 2 Commission on February 8, 2006, and was distributed to local agencies and interested parties for a 20-day review and comment between January 13, 2006, through February 2, ' 2006, in accordance with CEQA; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1068; and WHEREAS, on March 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, in accordance with Section 15063 of the California Environmental Quality Act guidelines, an Initial Study was prepared which found that the proposed project could not have a significant effect on the environment; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS ' FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that the current environmental assessment for Case No. 5.1068, PD-316, and TTM 34214, adequately addresses the general environmental setting of the proposed. The City Council further finds that no significant environmental impacts will result from this project and therefore recommends adoption of a Negative Declaration for the project. Section 2: Pursuant to Section 94.02.00 of the Zoning Ordinance, the City Council makes the following findings: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; The Planned Development District requires the findings of a conditional use permit. The zone states that condominiums shall be permitted only by conditional use permit. The R-2 zone allows multi-family development and the C-1 zone permits commercial development, therefore, the Planned Development application is proper. ' 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. 21534 Page 3 not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The General Plan designation is The Gallery District, which includes the unique corridor of regional-serving art galleries, design furnishings establishments, specialty shops and restaurants, while maintaining a consistent pattern of development. The policies describe accommodating housing units on the second level or higher or to the rear of the building. Based on the neighborhood character, which includes commercial and mixed-use commercial / residential, and the consistent setback to North Palm Canyon Drive, the project design is compatible with the existing adjacent properties. The proposed project consists of a commercial component that could house any number of the uses described in the Gallery District. The uses will be monitored by the requirements of the zoning ordinance. The residential component is proposed on the second level of the building, therefore the proposal is consistent with the General Plan. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The project is located 42 feet from the Thai Restaurant to the south and 49 feet to the World Market towards the north. The rear of the parking garage is 49.5 feet from the existing wall on the rear property line. The proposed landscape design and designated area is larger of a higher aesthetic quality than most of the surrounding properties, therefore the site is adequate in size and can adjust to existing and permitted future uses. Many properties on North Palm Canyon Drive contain zero lot lines, consistent rear setbacks of approximately forty to sixty feet and commercial and residential combined uses with balconies that front on North Palm Canyon Drive. Staff believes that based on the neighborhood character, the proposed setbacks, walls, landscaping and other features are compatible with the existing adjacent properties. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The site is accessed from North Palm Canyon Drive onto a private shared driveway easement that separates the proposed project from the adjacent restaurant to the south. North Palm Canyon Drive is designed to accommodate the anticipated traffic generated by the surrounding commercial and residential land uses that are existing and proposed. Traffic impacts associated with this Resolution No. 21534 Page 4 land use designation were addressed in the 1993 General Plan Environmental Impact Report. 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. Such conditions may include: i. Regulation of use, The commercial uses will be regulated through the business license process per the requirements of the zone. ii. Requiring street, service road or alley dedications and improvements or appropriate bonds, Right of way dedication is not required for this project. iii. Regulation of points of vehicular ingress and egress, A traffic signal light exists at the intersection of North Palm Canyon Drive and the entrance to the site. iv. Regulation of signs, A separate sign program will be required for the commercial business located in the commercial portion of the development. v. Requiring landscaping and maintenance thereof, AND vi. Requiring maintenance of the grounds, The maintenance of the grounds and landscape plant material will be governed by the Home Owner's Association. vii. Regulation of noise, vibration, odors, etc., Noise and vibrations will be regulated during the construction phase by the acceptable hours established in the City Municipal Code. viii. Regulation of time for certain activities, Hours of operation for the commercial businesses will be determined when a commercial / retail use application is submitted to the city. The application will be reviewed in accordance with the municipal code and zone requirements. iv. Time period within which the proposed use shall be developed, The project is required to begin substantial construction within two years after final development approval. 1 Resolution No. 21534 Page 5 Section 3: Pursuant to Zoning Ordinance Section 94.03.00, the City Council finds that: a. The twelve residential condominiums are a permitted use in conformity with the required findings and conditions as set forth in Section 94.02.00 (Conditional use permit), the General Plan and sound community development. b. A full range of development standards are established appropriate to the orderly development of the site which shall include the following: Table 1.0 Zoning and General Plan Designation and Adjacent Land Uses DEVELOPMENT C-1 R-2 / R-3 PROPOSED STANDARDS STANDARDS STANDARDS Lot Area 20,000 sq. ft. 20,000 sq. ft. 24,167 sq. ft. existing Lot Dimension 100, 140' 100' existing width Lot Dimension 150' 175' 241' existing depth Minimum Frontage 100' n/a 100, on Dedicated/ Improved street. Building Height 30' 24' 30' commercial 30' residential 3/stories total Front Setback 5' from PL. 30' Commercial - 5'. balconies — at PL. living space - 7' bedrooms - 20' Open space/usable 50% 30% maximum R-2. combining decks, Landscape space 45% usable open balconies, open space, space R-3 common space - 54%. DEVELOPMENT C-1 R-2 / R-3 PROPOSED STANDARDS STANDARDS STANDARDS Gross floor 2,000 sq.ft. n/a 3500 sq. ft. area/commercial minimum Side Yard Abutting Comer lot 20' 24.3' South Residential 20'. Regular side 10'. 0' North Abutting Alley Collector 20' 10". 1 Rear Yard C1 20' Minimum setback 49.5' equal to its height...30' 150' abuttin R-1 Resolution No. 21534 Page 6 Distance between Residential to 42' to Thai Restaurant buildings Residential 15'. 49' to World Market , Interior court 30' 7' between unit 7 and 6. 6' between unit 5 and 6. 59' between all units across the court- yard. Parking 12 Retail, 1 18 condo 1 covered 27covered disabled (H.C.) space/ unit 1 8 uncovered = 35 handicapped unit spaces. 2 are 3 Guest = 35 handicapped spaces Density 12 units 12 condo units Handicapped 8' 2" 8' 2" 8' 2" garage height c. This Planned Development District is established through application of the property owner in accordance with the public hearing procedures of the Conditional Use Permit as set forth in Section 94.02.00(B), the requirements of the California Environmental Quality Act, and the approval of preliminary and final development plans. d. Development of this Planned Development District shall be subject to the requirements of section 94.03.00 and shall conform to the specifications of the final development plan as approved by the City Council. e. The approval of the preliminary development plans constitutes approval of the preliminary Planned Development District, which shall be incorporated into and become a part of the Final Planned Development District f. The applicant shall submit a final development plan for approval by the planning commission. The final plan shall be substantially in conformance with the approved preliminary plan and shall incorporate all modifications and conditions made to the preliminary development plan made by the Planning Commission and City Council, and shall be submitted with the final development plan checklist provided by the Department of Planning Services. g. The proposed Planned Development is necessary because of the shortage of housing in California, and proper at this time, and is not likely to be detrimental to the adjacent property or residents. Section 4: Additional findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings, and a discussion of ' the project as it relates to these findings follow: Resolution No. 21534 Page 7 a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The General Plan designation is Resort Commercial using The Gallery District provisions. The Gallery District is described in the General Plan as a unique corridor of regional-serving art galleries, design furnishings establishments, specialty shops and restaurants, while maintaining a consistent pattern of development. The policies describe accommodating housing units on the second level or higher or to the rear of the building. The neighborhood character includes commercial and mixed-use commercial / residential development with consistent setback to North Palm Canyon Drive. The project design is compatible with the existing adjacent properties because it proposes similar setbacks, commercial use on North Palm Canyon Drive and housing units located on the second level, therefore consistent with the policies and objectives of the General Plan. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are consistent with the proposed PD-316 in which the property for the proposal is located. Development standards proposed as part of the planned development district provide flexibility in design details related to setbacks, on-site parking, building arrangement, and building height. c. The site is physically suited for this type of development. The site was previously a commercial development, is flat, and measures approximately 0.55 acres which is large enough to accommodate the proposal applying the adopted development standards. d. The site is physically suited for the proposed density of development, The proposed 0.55 acre development area of project site can accommodate 12 condominium units, a commercial building, a parking garage, common space, and associated landscaping without significant grading, the site abuts an improved shared easement with existing utilities, and the site is accessed by a major thoroughfare. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Negative Declaration prepared for the proposal adequately addresses the general environmental setting of the project and for the project and finds that the project will have no adverse impact on the environment. Resolution No. 21534 Page 8 f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects the development area and an access system that provides an orderly system of internal driveways and parking. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The design of the subdivision will not conflict with existing easements for access through or the use of the property. The design of the subdivision accommodates the existing and proposed drainage way. Section 5: The City Council adopts the Negative Declaration for Case Number 5.1068 — PD-316, Tentative Tract Map 34214, and project architectural approval, and directs staff to file the associated Notice of Exemption. Section 6: The City Council approves Case Number 5.1068, PD-316, and Tentative Tract Map 34214, subject to the Conditions of Approval attached as Exhibit A. ADOPTED, this 15th day of March, 2006. David H. Ready, Citfnager ATTEST: Jrnes Thompson, City C erk Resolution No. 21534 Page 9 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. 21534 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 March 15, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet and Mayor Oden NOES: None ABSENT: Mayor Pro Tern Foat ABSTAIN: None Awes Thompson, City Clerk ff, t ity of Palm Springs, California Resolution No. 21534 Page 10 Case No. 5.1068 803 North Palm Canyon, LLC. ' 803 North Palm Canyon Drive March 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 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 5.1068. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all Resolution No. 21534 Page 11 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. Pursuant to Fish and Game Code Section 71'1.4 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 fled 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. 5. 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. 6. 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. 6.5 The property owner shall not contest or protest the formation of a BID or similar public improvement or maintenance financing mechanism and such requirements shall be included in the CCR's. CC&R's 7. 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. Resolution No. 21534 Page 12 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, 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. 9. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. 10. The CC&R's shall state that storage and signage on the second floor balconies is prohibited. Cultural Resources 11. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 12. 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. Final Design 13. 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. 14. 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. 15. 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 Resolution No. 21534 Page 13 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. 16. Lighting design and manufacturer's specification sheets must be approved by the Planning Department prior to the issuance of building permits. Public Safety CFD 17. 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 of the parcel in the district. GENERAL CONDITIONS/CODE REQUIREMENTS 18. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 19. The Conditional Use Permit 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 Planned Development District 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. Resolution No. 21534 Page 14 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. 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. 35. 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. Resolution No. 21534 Page 15 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". 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. 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. Resolution No. 21534 Page 16 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. POLICE DEPARTMENT 51. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 52. Prior to any construction on-site, ail appropriate permits must be secured. FIRE 53. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 54. 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 near an exit door. 55. 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. 56. 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. 57. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. ENGINEERING STREETS 58. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. Resolution No. 21534 Page 17 NORTH PALM CANYON DRIVE 59. All broken or off grade street improvements shall be repaired or replaced. SANITARY SEWER 60. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 61. 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 62. 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. 63. 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. 64. 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; and a copy of Soils Report. 65. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. Resolution No. 21534 Page 18 66. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 67. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (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 68. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be ' the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). 69. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 70. The project is subject to flood control and drainage implementation fees. 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 71 . The minimum pavement section for all on-site pavement shall be 2Yz inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is Resolution No. 21534 Page 19 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. 72. A reciprocal access easement shall be prepared in a form acceptable to the City Engineer providing unlimited and unrestricted access to the proposed rear parking lot from North Palm Canyon Drive across Lot 117 of Merito Vista in Map Book 12, Page 94. The reciprocal access easement shall be executed by the appropriate parties prior to issuance of a building permit, and shall be recorded, with a copy provided to the City Engineer, prior to issuance of a certificate of occupancy. GENERAL 73. 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, 74. All proposed utility lines shall be installed underground. 75. 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 under-grounded, shall be submitted to the Engineering Division prior to approval of any grading plan. a. The existing overhead utilities across the west property line meet the requirement to be installed underground. The applicant is advised to investigate the nature of these utilities, the availability of undergrounding 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. Resolution No. 21534 Page 20 76, All existing utilities shall be shown on the Precise Grading and Paving Plan required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 77. 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. 78. The original Precise Grading and Paving Plan 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. 79. 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. 80. 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. 81. 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 82. 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. 83. 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. Resolution No. 21534 Page 21 84. 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.LS. 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 85. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the Farrell Drive, Tahquitz Canyon Way, Baristo Road, and Civic Drive frontages of the subject property. 86. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 87. 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. 88. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.