Loading...
HomeMy WebLinkAbout21714 - RESOLUTIONS - 9/20/2006 RESOLUTION NO. 21714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1089, PLANNED DEVELOPMENT DISTRICT 322, FOR THE DEVELOPMENT AND OPERATION OF A 51-UNIT BOUTIQUE HOTEL, AN APPROXIMATE 36,217 SQUARE FOOT PARCEL, LOCATED ON THE SOUTHWEST CORNER OF TAHQUITZ CANYON WAY AND CAHUILLA ROAD, ZONED R-3, SECTION 15. WHEREAS, Wessman Holdings, LLC (the "Applicant') has filed an application with the City pursuant to Section 94.03.00 of the Palm Springs Municipal Code, for Planned Development District 322 and site development approval; and WHEREAS, the proposed project is considered an infill"project' pursuant to the terms of the California Environmental Quality Act ('CEQA'), and no further Environmental Assessment is required for this project in accordance with CEQA; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Planned Development District 322 and proposed related development was given in accordance with applicable law; and WHEREAS, on May 24, 2006, a public hearing on the application for project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider said Case Number 5.1089 was given in accordance with applicable law; and WHEREAS, on September 20, 2006, a public hearing on the application for the project was held by 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. Resolution 21714 , Page 2 NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: This project is Categorically Exempt under Section 15332 (In-fill Development Projects) of the Guidelines for the Implementation of the California Environmental Quality Act (CEQA). Therefore, this project is not subject to any further environmental review. 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 general plan in recognizing that Planned Districts allow departures from strict provisions of zone classifications while providing flexibility for compatible land uses. The proposed project conforms to most development standards provided within the R-3 development standards with the application of a Planned Development District. The proposed PD is intended to allow flexibility to provide reduced setbacks, off-street parking and increased density, up to that allowed by the General Plan. 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 project site is relatively flat, bounded on two sides by streets, 4 . and can accommodate the hotel use envisioned by the General Plan and the proposed development. Access is available to the site along the two streets. All the necessary amenities required for the kind of the proposed use are being provided. The required parking spaces could not be provided on-site due to the size of the parcel however, the applicant is proposing additional off-street parking spaces to serve the hotel. The distance between the site and the off-street parking space is less than 150 feet. 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. Resolulion 21714 Page 3 A planned development district is necessary to accommodate the proposed type of hotel development incorporating varying building heights, hardscape and landscape features consistent with hotel development in the surrounding. The development is not likely to be detrimental to adjacent property or residents because the proposed use is not substantively different than those already envisioned by the General Plan, and existing land uses in the vicinity. Furthermore, the hotel development will be compatible with the existing land uses in the general vicinity. Surrounding uses include hotels, restaurants and other commercial uses. Section 3: Based upon the foregoing, the City Council hereby approves the architectural design of the project, and Case Number 5.1089 and PD-322 subject to those conditions set forth in Exhibit A. ADOPTED this 20th day of September, 2006. David H. Ready, City anager 1 A ATTEST: ,d' es Thompson, City Clerk e'll 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. 21714 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 20, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden. NOES: Councilmember Pougnet, and Mayor Pro Tern Foat. ,ABSENT: None. ABSTAIN: None. 1 A36es Thompson, City Clerk City of Palm Springs, California Resolution 21714 Page 4 ' EXHIBIT A Case No. 5.1089-PD-322 THE PALM HOTEL SOUTHWEST CORNER OF TAHQUITZ CANYON AND CAHUILLA ROAD September 20, 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 No. 5.1089-PD-322. 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 Resolution 21714 1 page 5 shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. 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. 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. 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 21714 Page 6 ' GG&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&R's shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&R's. 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. S. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3500, 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. Cultural Resources 10. Prior to any ground disturbing activity, including clearing and grubbing, installation of :.utilities, and/or any construction slated 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. Final Design 11. 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. 12. 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, site cross sections, property development Resolution 21714 Page 7 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. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning 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. 14. The applicant shall be required to take the project back to the Architectural Advisory Committee for review, upon a recommendation of approval by the Planning Commission. 15. The applicant shall provide a total of 73 parking spaces for the hotel guests, the restaurant and employees of the establishment. Prior to issuance of Building Permits, a Covenant shall be prepared to the satisfaction of City Attorney and recorded on the affected properties to provide sufficient and permanently, available off-site parking within 300 feet of the hotel building. (Added by PC on May 24, 2006, and modified by CC on September 20, 2006). Public Safety CFD GENERAL CONDITIONS/CODE REQUIREMENTS 16. 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. 17. The appeal period for this application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 18. 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. 19. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. Resolution 21714 Page 8 ' 20. The grading plan shall show the disposition of all out and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 21. 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. 22. All materials on the flat portions of the roof shall be earth tone in color. 23. All awnings shall be maintained and periodically cleaned_ 24. 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. 25. 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. 26. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 27. The street address numbering/lettering shall not exceed eight inches in height. 2& Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 29. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 30. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 31. 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. 32. 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 Resolution 21714 Page 9 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. 33. 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. 34. 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." 35. 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. 36. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 37. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 38. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 39. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 40. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 41. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or 1 elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. Resolution 21714 Page 10 ' 42. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 43. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. ENGINEERING DEPARTMENT: 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 plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. 3. Vacation of right-of-way is required to facilitate the proposed development application. An application for the right-of-way vacation of the westerly 5 feet of Cahuilla Road along the project frontage shall be submitted to the Engineering Division for separate processing and approval. Upon a finding by the Planning ' Commission that there is no significant impact to the health, safety and welfare of the residents of the proposed neighborhood, in accordance with General Plan Policy 7.1.6, a reduced right-of-way width of 45 feet may be approved for Cahuilla Road. As required, coordinate final relocation, adjustment or abandonment of all utilities with the respective utility companies, and demolition of all existing improvements, reconstruction of affected intersecting streets, and coordination of improvements with adjacent property owners, as appropriate, with the Engineering Division. All agreements and improvement plans relative to the above mentioned items shall be approved by the City Engineer prior to the submittal of the street improvement plans. The right-of-way vacation application shall be submitted and approved by the City Council prior to approval of the Precise Grading and Paving Plan- 4- Removal of decorative enhancements to Tahquitz Canyon Way is required to facilitate the proposed development. The existing raised, landscaped median installed as a requirement of Case 5.0804, Planned Development 254, and Tentative Tract Map 29077 (otherwise known as the "Palm Springs Villas") was required in response to specific City Council direction to provide for an enhanced entryway on Tahquitz Canyon Way to the project and properties in that area, as indicated in Resolution 20393 adopted on July 17, 2002. The proposed service driveway on Tahquitz Canyon Way at Museum Way conflicts with the existing raised, landscaped median. The applicant shall be required to submit a proposal ' for an alternative aesthetic treatment subject to the review and approval of the Le Vallauris restaurant (located at 385 W. Tahquitz Canyon Way), the Villas Resolution 21714 Page 11 Homeowners Association, and the Willows Historic Palm Springs hotel (located at 412 W. Tahquitz Canyon Way). Pending their concurrent approval, which can not be unreasonably withheld upon a determination by the City Engineer and Director of Planning Services, the alternative aesthetic treatment to replace the median shall be subject to the review and approval by the Planning Commission and City Council as an element of Planned Development 322. TAHQUITZ CANYON WAY 5. Dedicate an additional right-of-way for a property line - corner cut-back at the northeast corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 6. Remove the existing street improvements as necessary to construct a 15 feet wide driveway approach for service access, in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located a minimum of 12 feet east of the west property line. 7. Subject to approval of an alternative aesthetic treatment on Tahquitz Canyon Way, to facilitate access to the proposed service driveway the existing landscaped median located in Tahquitz Canyon Way shall be removed, and street pavers matching the existing pavers in Tahquitz Canyon Way shall be installed in a manner acceptable to the City Engineer and the Villas Homeowners Association. 8. Remove the existing street improvements as necessary to construct a 26 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located approximately 80 feet west of the centerline of Cahuilla Road. Access to the driveway shall be limited to ingress only. Appropriate signage and striping shall be installed regulating the use of this driveway for ingress only, subject to the review and approval by the City Engineer. 9. All existing "Heritage Trail" sidewalk, bikepath, and landscaping improvements along the Tahquitz Canyon Way frontage shall remain in place except where removals are required for proposed driveways. 10. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of gutter to clean sawcut edge of pavement along the Tahquitz Canyon Way frontage where removals are required, 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 Resolution 21714 Page 12 ' Engineer using "R" values from the project site and submitted to the City Engineer for approval. 11. All broken or off grade street improvements shall be repaired or replaced. CAHUILLA ROAD 12. Remove the existing street improvements as necessary to construct a driveway approach to accommodate bay parking stalls along the Cahuilla Road frontage in accordance with City of Palm Springs Standard Drawing No. 201. Bay parking stalls shall be located completely on-site, and not within public right-of-way. Bay parking shall be restricted within 35 feet from the north property line; the two most northerly bay parking stalls shown on the preliminary Site Plan shall be deleted. Paving material for bay parking shall be decorative paving, colored and/or patterned to relate to the overall design, in accordance with Palm Springs Zoning Code 93.06.00 C15e. 13. Remove the existing street improvements as necessary to construct a 27 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located approximately 20 feet from the south property line. The driveway approach shall be a combined access to the proposed trash enclosure and a 14 feet wide egress lane. Access to the driveway shall be limited to egress only. Appropriate signage and striping shall be installed regulating the use of this driveway for egress only, subject to the review and approval by the City Engineer. 14. Dedicate an easement 4 feet wide along the back of the driveway approach for sidewalk purposes. 15. Construct a varying width (5 feet minimum) sidewalk west of the proposed bay parking stalls (on-site) along the Cahuilla Road frontage in accordance with City of Palm Springs Standard Drawing No. 210. The sidewalk shall be constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 16. Construct access ramps for the proposed sidewalk, as necessary, meeting applicable City standards. 17. Dedicate an easement for sidewalk purposes, as necessary, for the proposed sidewalk located on-site and west of the proposed bay parking stalls along the entire frontage. 18. Construct pavement with a minimum pavement section of 2'/z inches asphalt ' concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of gutter Resolution 21714 Page 13 to clean sawcut edge of pavement along the entire Cahuilla Road frontage 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. 19. All broken or off grade street improvements shall be repaired or replaced. ON-SITE 20. The on-site layout of parking spaces is subject to further review and approval by the City Engineer. 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 parking spaces as proposed. 21. The minimum pavement section for all on-site pavement shall be 2'Y2 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 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. SANITARY SEWER 22. Any existing sewer system located on-site shall be removed. Sewer service to adjacent properties (if any) shall be maintained by reconnection to the public sewer system, in a manner acceptable to the City Engineer. 23. All sanitary facilities shall be connected to the public sewer system. The existing sewer service to the property may be used for new sanitary facilities. New laterals shall not be connected at manholes. GRADING 24. 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. 25. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required Resolution 21714 Page 14 ' 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. 26. 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 Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 27. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 28. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 29. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Precise Grading and Paving Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 30. 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 Resolution 21714 1 Page 15 drain system that collects and conveys nuisance water to drywells, landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 31. 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). 1 32. The applicant shall accept and convey stormwater runoff released from the adjacent property (Tract Map 29077 — "The Villas") at an outlet point located at the southwest corner of the subject property. Conveyance of off-site stormwater runoff may be made by surface drainage through a concrete drainage channel along the south property line appropriately sized to convey the estimated 100 year off-site stormwater runoff volume. The stormwater runoff may be released directly to Cahuilla Road 33. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 34. All on-site storm drain systems shall be privately maintained. 35. Unless otherwise demonstrated that drainage implementation fees were previously paid for this property, the project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 36. 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, Resolution 21714 Page 16 ' 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. 37. All proposed utility lines shall be installed underground. 38. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities ' adjacent to the south property line approximately 80 feet west of the east property line, and running north from the south property line approximately 50 feet and then turning easterly to the east property line, meet the requirement to be installed underground. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 39. All existing utilities shall be shown on the Grading Plan required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 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 (Auto CAD 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 ' certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. Resolution 21714 Page 17 42. Nothing shall be constructed or planted in the comer cut-off area of any intersection or 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. 43. 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 44. The existing parcels shall be merged. An application for a parcel merger shall be submitted to the Engineering Division for review and approval. A copy of a current title report and copies of record documents shall be submitted with the application for the parcel merger. The application shall be submitted to the City Engineer for review and approval, and shall be recorded prior to issuance of a building permit. TRAFFIC 45. Based on the Traffic Study for The Palm Hotel Project (dated May 1, 2006) by George Dunn Engineering , the following mitigation measure(s) will be required: a. Applicant shall pay fair share contribution of 5% (or $7,500) for the future traffic signal at Belardo Road and Tahquitz Canyon Way, as determined in the final Traffic Study as approved by the City Engineer. 46. Recommendations from the Traffic Study for The Palm Hotel Project are subject to change pending the final approval of the Traffic Study by the City Engineer. Additional traffic mitigation measures identified in the final Traffic Study shall be satisfied by the applicant, as may be required by the City Engineer. 47. 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 Tahquitz Canyon Way and Cahuilla Road frontages of the subject property. 48. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. Resolution 21714 Page 18 ' 49. 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. 50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. 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. FIRE DEPARTMENT Public Safety CFD ' 1. 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. 2. 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). 3. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. ' 4. Standpipe System: An approved standpipe system is required. (CBC 904.5.2). Resolution 21714 1 Page 19 5. Fire Hydrant & FDG Location: A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. 6. Fire Department Connections: Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application farm. 7. 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. 8. Fire Alarm System: Fire Alarm System required. Installation shall comply with 1 the requirements of NFPA 72, 9. Mid Rise/High Rise: High-rise and mid-rise buildings shall be accessible on a minimum of two sides. Roadways shall not be less than 10 feet (3048 mm) or more than 35 feet (10 668 mm) from the building. Landscaping or other obstructions shall not be placed or maintained around structures in a manner so as to impair or impede accessibility for fire fighting and rescue operations. 10.Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan and an electronic CAD version 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 locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 11.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. 12.Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC). Resolution 21714 Page 20 ' • Minimum Access Road Dimensions: 1. Private streets shall have a minimum width of at least 20 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. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 13. Vertical Clearance for covered parking on ground level: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 9 feet. (902.2.2.1 CFC). 14. Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 15. 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). 16, Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. 17. Elevator Stretcher Requirement: At least one elevator shall be designed to accommodate medical emergency service. The elevator(s) so designed shall accommodate the loading and transport of an ambulance gurney or stretcher 24 inches by 76 inches in the horizontal position. The elevator entrance shall have a clear opening of not less than 42 inches wide or less than 78 inches high. The elevator car shall be provided with a minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches, and a minimum distance from wall to return panel not less than 51 inches with a 42 inch side slide door. (3003.5a CBC). 18. Ventilating Hood & Duct System: A ventilating hood and duct system shall be provided for commercial-type food heat-processing equipment that produces grease-laden vapors. (1005.1 CFC). 19. Fire extinguishing system required: Approved automatic fire extinguishing ' systems shall be provided for the protection of commercial type cooking equipment. (1005.2.1 CFC). Resolution 21714 1 Page 21 20. Hood & Duct Fire Protection System Coverage: The automatic fire extinguishing system used to protect ventilating hoods and ducts and cooking appliances shall be installed to include cooking surfaces, deep fat fryers, griddles, upright broilers, char broilers, range taps, and grills. Protection shall also be provided for the enclosed plenum space within the hood above filters and exhaust ducts serving the hood. (1005.2.3.1 CFC). 21. Hood & Duct Fire Protection System plan submittal: The contractor should submit fire extinguishing system plans as soon as possible. Submittal shall include manufacturer's data/cut sheets and listings with expiration dates on all equipment and materials used. 22. Hood & Duct Fire Protection System Plan Review Procedure: Plans must be submitted directly to a Fire Department approved engineer for review and recommendation of approval. A list of approved engineers is attached. Once plans are recommended for approval, they will be forwarded to the Fire Department for final approval. 23. Portable Fire Extinguishers for Food Processing Equipment: In addition to the fixed system, a fire extinguisher listed and labeled for Class K fires shall be installed within 30 feet of commercial food heat processing equipment, as measured along an unobstructed path of travel. (1005.2.7 CFC) The preferred location is near the exit from the cooking equipment area. Show proposed location on the plans. 24. Automatic Power and Fuel Shutoffs: The automatic fire extinguishing system shall be interconnected to the fuel or current supply for cooking equipment. The interconnection shall shut off all cooking equipment and electrical receptacles which are located under the hood when the system is actuated. (1005.2.4.1 CFC) ADA COORDINATOR 1. See Phil Kaplan.