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HomeMy WebLinkAbout21972 - RESOLUTIONS - 7/18/2007 RESOLUTION NO. 21972 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1132, PLANNED DEVELOPMENT DISTRICT 333, TENTATIVE TRACT MAP 35236, FOR LOFT PARTNERS PALM SPRINGS LLC, A PROPOSED 200 ROOM HOTEL AND UP TO 200 ASSOCIATED CONDOMINIUM UNITS ON APPROXIMATELY 10.47 ACRES LOCATED AT THE NORTHWEST CORNER OF AMADO ROAD AND AVENIDA CABALLEROS. WHEREAS, LOFT PARTNERS PALM SPRINGS LLC (the "Applicant") has filed an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment and development of Planned Development District 333; and WHEREAS, the "Applicant' has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract Map 35236; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1132, consisting of Planned Development District 333, Tentative Tract Map 35236, and project architectural approval was given in accordance with applicable law; and WHEREAS, on June 18, 2007, a public hearing on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the Planning Commission 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, and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5,1132, consisting of Planned Development District 333, Tentative Tract Map 35236, and project architectural approval was given in accordance with applicable law; and Resolution No. 21972 Page 2 ' WHEREAS, on July 18, 2007, a public hearing on the application was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council found that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council's independent judgment and analysis. Section 2: Pursuant to Section 94.03.00 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, which includes policies specifically relating to the expansion of the City's tourism base. The project will bring 200 new hotel rooms and new residential opportunities to the community- 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, as conditioned, is consistent with the Section 14 Specific Plan, and the vision of the area for the future. The site is physically suitable for the proposed project, and provides sufficient access points for all uses proposed. ' 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. Resolution No. 21972 Page 3 The Planned Development District modifies setback and open space requirements in a manner which is conducive with the urban development sought for the area in the future. The project adds to the Section 14 Master Plan facilities which are complementary to the Convention Center and the nearby downtown area. Section 3: Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The Tentative Tract Map will facilitate the sale of condominium units within the project. The project is consistent with both the General Plan and the Section 14 Master Plan. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The design of the Tentative Tract Map is consistent with the allowable uses in the R-4 zone, and the project design meets the requirements of the zone, as conditioned. C. The site is physically suited for this type of development. The site is flat and surrounded by existing City streets. The construction of the proposed project on the site is appropriate at this location. d. The site is physically suited for the proposed density of development. The site can accommodate the hotel and residential units proposed. The overall density of the project is within the General Plan and Section 14 Master Plan density limits for the land use designation for the project site. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Tract Map has been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration is proposed. Mitigation measures have been included which reduce potential impacts to less than significant levels. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. 1 Resolution No. 21972 Page 4 The subdivision is designed to meet or exceed City standards. All structures on the ' site will be required to meet or exceed City building codes. The project will not cause public health problems. 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. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. Reciprocal access easements will be a requirement of the map. Any utility easements can be accommodated within the project design. Section 4: The City Council adopts the Mitigated Negative Declaration for Case Number 5.1132 — PD-333, and Tentative Tract Map 35236, and directs staff to file the associated Notice of Determination. Section 5: The City Council approves Case Number 5.1132, Planned Development District 333 and Tentative Tract Map 35236, subject to the Conditions of Approval attached hereto as Exhibit A, and as shown on the Tentative Tract Map 35236 and Development Plans attached to the City Council Staff Report dated July 18, 2007 and included herein by reference. ' ADOPTED THIS 18TH DAY OF JULY, 2007. David H. Ready, -y dL-Tager ATTEST: �fr'hes Thompson, City Clerk 1 Resolution No. 21972 Page 5 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. 21972 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 July 18, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tem Pougnet and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. ABSTAIN: None. AmesThompson, City Clerk f.,ity of Palm Springs, California Resolution No. 21972 Page 6 EXHIBIT A ' Case No. 5.1132 — PD 333 & Case No. 3.3002, Tentative Tract Map 35236 Loft Partners Palm Springs LLC Northwest corner of Amado Road and Avenida Caballeros (Westin Hotel and Residences) CONDITIONS OF APPROVAL July 18, 2007 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 1. The Final Planned Development Plans for PDD 333 shall be approved by the ' City Council. 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 5.1132 and 3.3002, PD 333 and Tentative Tract Map 35019. 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 Resolution No. 21972 Page 7 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 $1,864.00 is required. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall be 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 payment and/or parkland dedication shall be completed prior to the issuance of building permits. 1 Resolution No. 21972 Page 8 Environmental Assessment ' 7. The mitigation measures of the Initial Study shall apply to the proposed project. The applicant shall submit a signed agreement that the mitigation measures will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are included in the Initial Study, and hereby incorporated into these conditions by reference. 8. 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. CC&R's 9. 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, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500, 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. 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. 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 Resolution No. 21972 Page 9 landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. General Conditions/Code Requirements 13. 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. 14. 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. 15. 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. 16. 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. 17. All materials on the flat portions of the roofs shall be earth tone in color, unless landscaped. 18. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 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. 19. 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. 20. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 21. 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. Resolution No. 21972 Page 10 22. The street address numbering/lettering shall not exceed eight inches in height. 23. 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. 24. 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 or located in the interior of the building. 25. Parking for the hotel shall be valet-only. Such a requirement shall be recorded concurrent with the recordation of the Final Map on lots 1 and 2 as depicted on Tentative Tract Map 35236. 26. Parking for condominium guests shall meet Zoning Ordinance requirements. The parking, if gated, shall include an intercom system to the units, and adequate turn-around area for guests unable to contact the resident they are seeking. 27. Approximately 28 of the condominium units shall be made available to condominium hotel use if feasible. ' 28. The applicant shall explore moving fourth story condominium units from the Calle Alvarado portion of the project to the Amado portion of the project, in order to improve visual corridors. Engineering Division STREETS 29. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 30. Submit street improvement plans prepared by a California Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. AVENIDA CABALLEROS 31. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. 32. Remove the existing street improvements as necessary to construct a minimum ' 24 feet wide driveway approach located approximately 300 feet north of the Resolution No. 21972 Page 1 t centerline of Amado Road. The driveway approach shall be constructed in ' accordance with City of Palm Springs Standard Drawing No. 205. 33. Construct a Type A curb ramp meeting current California State Accessibility standards on either side of the driveway in accordance with City of Palm Springs Standard Drawing No. 212. 34. Avenida Caballeros street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a landscaped private setback of variable width and an 8 feet wide pedestrian sidewalk with double Palm trees. 35. All broken or off grade street improvements shall be repaired or replaced. AMADO ROAD 36. Dedicate additional right-of-way of 15 feet to provide the ultimate half street right- of-way width of 40 feet along the entire frontage, together with a property line - corner cut-back at the northwest corner of the intersection of Amado Road and Avenida Caballeros, and at the northeast corner of the intersection of Amado Road and Calle Alvarado, in accordance with City of Palm Springs Standard ' Drawing No. 105. 37. Dedicate additional right-of-way concentric with the back of the proposed vehicle turn-out bay, with the back of right-of-way located at the back of sidewalk. 38. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. 39. Remove the existing street improvements as necessary to construct minimum 14 feet wide ingress and egress driveway approaches to the hotel facilities, separated by a median, located approximately 200 feet east of the centerline of Calle Alvarado. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205. The median shall not extend into the right-of-way, and shall not restrict pedestrian access across the hotel entrance. 40. Remove the existing street improvements as necessary to construct the proposed vehicle turn-out bay. The turn-out bay shall be constructed with new curb, gutter, and sidewalk to match existing improvements, in accordance with applicable City standards. Pesolution No. 21972 Page 12 41. Construct a Type A curb ramp meeting current California State Accessibility ' standards on each side of the driveway approaches, in accordance with City of Palm Springs Standard Drawing No. 212. 42. Amado Road street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a 4 feet wide landscaped parkway that includes shade trees in an informal pattern and a 4 feet wide pedestrian sidewalk. 43. All broken or off grade street improvements shall be repaired or replaced. CALLS ALVARADO 44. Dedicate additional right-of-way concentric with the back of the existing vehicle turn-out bay, with the back of right-of-way located at the back of sidewalk. 45. Remove the existing driveway approach and replace with new street improvements (curb and gutter, and sidewalk) to match existing street improvements, in accordance with applicable City standards. 46. Remove the existing street improvements as necessary to construct minimum 24 feet wide driveway approaches. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205. 47. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approaches in accordance with City of Palm Springs Standard Drawing No. 212. 48. Construct an 8 feet wide sidewalk behind the curb along the entire frontage (where not already existing) in accordance with City of Palm Springs Standard Drawing No. 210. 49. Calle Alvarado street improvements shall be installed consistent with the streetscape standards and guidelines in the Section 14 Master Development Plan/Specific Plan (November 2004), which includes a 5 feet wide landscaped parkway and a 5 feet wide pedestrian sidewalk. 50. All broken or off grade street improvements shall be repaired or replaced. ON-SITE 51. A reciprocal access easement shall be reserved on the Final Map or shall be done by separate instrument prepared in a form acceptable to the City Engineer ' providing unlimited and unrestricted access across all of the lots for access through the on-site private street„ The reciprocal access easement shall be Resolution No. 21972 Page 13 executed by the appropriate parties prior to issuance of a building permit, and ' shall be recorded, and copy of same provided to the City Engineer, prior to issuance of a certificate of occupancy. 52. The applicant shall provide a copy of an executed and recorded reciprocal parking agreement all lots, prior to approval of a grading plan. 53. The on-site private street shall have a minimum travel way width of 24 feet, and shall be constructed with standard 6 inch curb and gutter, a wedge curb, or other approved curbs along both sides of the street, as necessary to accept and convey on-site stormwater runoff to the on-site drainage system, in accordance with applicable City standards. 54. The on-site private street shall have a minimum centerline radius of 50 feet. 55. The on-site Private Street and service loading dock intersection shall be subject to further evaluation by the City Engineer. The 90-degree intersection shall be enlarged to provide additional sight distance around the blind corner, or alternative acceptable to the City Engineer. Detailed analysis shall be provided in final design to demonstrate that sufficient maneuvering area is provided for delivery trucks accessing the loading dock. ' 56. All on-site two-way parking garage ramps and drive aisles shall be a minimum of 24 feet wide. 57. The minimum pavement section for all on-site pavement shall be 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. 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. 58. Parking shall be restricted along the two-way drive aisle as necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the drive aisle as necessary to enforce parking restrictions. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. 59. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is ' approved by the City Engineer. Resolution No, 21972 Page 14 SANITARY SEWER ' 60. All sanitary facilities shall be connected to the public sewer system. Existing sewer service laterals to the property may be used for new sanitary facilities. 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. 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 Grading plan. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. 63. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study/Report; and a copy of the Water Quality Management Plan. 64. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. ' 65. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- Resolution No. 21972 Page 15 346-7491) is required for the proposed development. A copy of the executed ' permit shall be provided to the City Engineer prior to issuance of a grading permit. 66. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 67. 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 Engineering Division with the first submittal of a grading plan. 68. 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 Rough Grading Plan. The California Department of Food and Agriculture office is located at 73- 710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 69. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. 70. A Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading permit. The WQMP shall ' address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within Resolution No. 21972 Page 15 the underground parking garage and the on-site private street. Direct release of ' nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. 71. 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. 72. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 73. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site private street and underground parking garages into the on-site underground retention system, as described in the Preliminary Drainage Study for Tentative Tract Map No. 35236, prepared by Fomotor Engineering, dated December 2006. The hydrology study for Tentative Tract Map 35236 shall be amended to include catch basin sizing, storm drain pipe sizing, and underground retention system sizing calculations and other specifications for construction of required on-site storm drainage improvements. 74. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. GENERAL 75. 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 Resolution No.21972 Page 17 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. 76. All proposed utility lines shall be installed underground. 77. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 78. 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 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. 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. 79. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 80. Nothing shall be constructed or planted in the corner 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. 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, if necessary, 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 parcels and all lots created Resolution No. 21972 Page 18 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 Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map. 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.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. 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. As determined by the Westin Hotel and Residences Traffic Impact Study prepared by Endo Engineering (as revised March 5, 2007), the following mitigation measures will be required: 86. Pay a fair share contribution determined as 6.71% (or $11,742,50) for the future installation of a traffic signal, as well as the striping of a northbound, southbound, westbound, and eastbound left-turn lane at the intersection of Calle El Segundo and Amado Road. The applicant shall pay the fair share contribution prior to approval of a final map. 87. Pay a fair share contribution determined as 13.91% (or $20,865) for the future installation of a traffic signal at the intersection of Avenida Caballeros and Amado Road. The applicant shall pay the fair share contribution prior to approval of a final map. 88. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at all project access points, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. Resolution No, 21972 Page 19 89. A clear unobstructed sight distance shall be provided at all project access points; ' a clear sight triangle inside the property measuring 8 feet by 8 feet shall be provided at each access driveway, with screening fences or landscaping restricted to maintain the require sight distance. 90. The project access point on Amado Road, designated as an exit for the Hotel parking level of the parking structure, shall be restricted to right-turn egress only; traffic striping and signage improvements shall be installed to implement the access restriction as required by the City Engineer. 91. Submit traffic striping plans for Amado Road, prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 92. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel 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 Avenida Caballeros, Amado Road, and Calle Alvarado frontages of the subject property. 93. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 94. 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. 95. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 96. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department Resolution No.21972 Page 20 97. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs ' Municipal Code. Building Department 98. Prior to any construction on-site, all appropriate permits must be secured. 99. Fire 100. 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) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 101. Public Safety CFD: 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. 102. Plot Plan: Prior to completion of the project, a 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. 103. Radio Communications: Must install an in-building Public Safety Radio Communications Coverage System composed of a radiating cable system or an internal multiple antenna system with FCC-certified bi- directional 800 MHz and 150 MHz (as required to meet the two indicated 150 MHz frequencies) amplifier(s), distribution system, and subcomponents shall be required for all buildings in excess of three stories, or has subterranean floors, or subterranean Resolution No. 21972 Page 21 parking. This system must meet the City of Palm Springs Public Safety Radio System Coverage Specifications. 104. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 105. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 106. Audible water flow alarms: An approved audible sprinkler flow alarm shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 107. Fire Hydrant & FDC 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.\ 108. 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 form. 109. Location of Fire Department Connections: The connection inlets must face the street, and be located on the street side of the building. The face of the inlets shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). A sign with this information shall be placed on or near the FDC. The sign shall be constructed of metal. The sign face, lettering, and attachment shall be made of weather and vandal resistant materials. Sign background will be bright red. Letters will be bright white. Sign format will be substantially as follows: F. D. C. SERVES 425 S. SUNRISE WAY ALL BLDGS. IN COMPLEX Resolution No. 21972 Page 22 ' 110. Valve and water-flow monitoring: All valves controlling the fire sprinkler system water supply, and all water-flow switches, shall be electrically monitored where the number of sprinklers is one hundred or more. (Twenty or more in Group I, Divisions 1.1 and 1.2 occupancies.) All control valves shall be locked in the open position. Valve and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station. (1003.3.1 CFC) 111. Trash Container Protection: If trash container space is within 5 feet of a building wall provide information on the type and size of trash container to be stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then the container must be protected by an approved automatic fire sprinkler. (1103.2.2 CFC) 112. Class 1 Standpipe: A Class 1 Standpipe system is required and shall be installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9, Std. 9-2 and Sec. 903, Standpipes will be required at every level in the stairwells. 113. Residential Smoke Detector Installation With Fire Sprinklers: Provide Residential Smoke Detectors (FIRFX # 0498 accessory module connected to multi-station FIRFX smoke detectors or equal per dwelling and fire sprinkler flow switch). 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. 114. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Minimum Access Road Dimensions: 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. 115. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. CFC 902.2.1 Applicant must add required access routes to the existing plans to meet code requirements and submit changes to the fire ' department for approval. Resolution No. 21972 Page 23 116. 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. 117. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 118. Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC) 119. Access Cates: 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. 120. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 121. Vertical Clearance for Underground Parking: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 8 feet 6 inches. (902.2.2.1 CFC) 122. Secondary Access: A secondary access shall be provided for all developments with 25 or more dwelling units. (Appendix III-D 2.1 CFC) 123. 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. 124. 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 no more than 5 ' feet above floor level. Preferred location is in the path of exit travel near an exit door. Resolution No. 21972 Page 24 ' 125. Water Supply: The water supply and location/s of fire hydrants must be approved prior to any work being performed on the job site. (903.1 CFC) 126. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9- 2.1 NFPA 24 1995 edition) 127. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC Cap, or Decal approved for use by the City of Palm Springs Fire Department. 128. 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) 129. Underground Parking: A Class III Standpipe system is required and shall be ' installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9, Std. 9-2 and Sec. 903. Hose will not be required. 130_ Turn-Around Requirements for Subterranean/Ground Parking: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) 131. Elevator Stretcher Requirement: Elevator(s) 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) 132. Commercial Cooking Hood & Duct Systems shall meet all CFC, NFPA and CMC requirements. 133. 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. The contractor should submit fire extinguishing system plans as soon as possible. Submittal shall include manufacturer's Resolution No. 21972 Page 25 data/cut sheets and listings with expiration dates on all equipment and materials ' used. 134. Fire Suppression Systems Testing: The hood and duct fire extinguishing system shall be function tested prior to final acceptance. Call the fire prevention secretary at 760-323-8186 for an inspection appointment. Construction Requirements: 135. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC). 136. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) ' Gates 137. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8-04.260 PSMC) 138_ Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFO). END OF CONDITIONS