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HomeMy WebLinkAbout24397 RESOLUTION NO. 24397 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 3.864 MAA, A MINOR ARCHITECTURAL APPLICATION FOR RENOVATION AND ADDITIONS TO AN EXISTING 62-ROOM HOTEL; CASE 6.550 VAR, A VARIANCE APPLICATION APPROVING REMOTE PARKING AT A DISTANCE THAT EXCEEDS THE MAXIMUM LIMIT OF ZONING CODE SECTION 93.06.00; CASE 5.1409 CUP, CONDITIONAL USE PERMITS (CUP'S) FOR AN OUTDOOR RESTAURANT USE, AN OUTDOOR COCKTAIL LOUNGE USE AND AN OUTDOOR SOUND STAGE USE; AND CASE 5.1409 PDD 387, A PLANNED DEVELOPMENT DISTRICT GRANTING DEVIATIONS IN THE UNDERLYING DEVELOPMENT STANDARDS OF THE C-1iR-3 ZONE RELATIVE TO SETBACKS, OPEN SPACE AND OFF-STREET PARKING FOR THE PROPOSED OUTDOOR MUSIC VENUE USE, RESTAURANT AND COCKTAIL LOUNGE USE ON A 1 .42-ACRE SITE LOCATED AT 1900 NORTH PALM CANYON DRIVE AND RECOMMENDING APPROVAL OF CASE 5.1409 PDD 387 BY THE CITY COUNCIL, SUBJECT TO CONDITIONS OF APPROVAL. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Rosian V, LLC, applicant, filed an application with the City pursuant to Sections 94.02 (Conditional Use Permit), 94.03 (Planned Development District), 94.04.00 (Architectural Review) and 94.06.00 (Variance) of the Zoning Code to add an outdoor music venue (disc jockey sound stage), an outdoor restaurant use, an outdoor cocktail lounge use and support spaces at the Monroe Hotel (AKA Infusion Beach Hotel) located at 1900 North Palm Canyon Drive. B. The City evaluated the proposed development pursuant to the guidelines of the California Environmental Quality Act (CEQA) and determined it to be a project as defined by CEQA. The City conducted an Initial Study of the project and found the project has the potential to cause significant adverse impacts to the environment. Mitigation measures are proposed that would reduce the potentially significant impacts to less than significant levels as follows: Mitigation Measure X-1: Prior to consideration of the PDD, CUP Architectural Review or Variance for the proposed project by the Planning Commission, the applicant shall furnish the City a copy of a fully executed lease, in a format acceptable to the City Attorney, demonstrating control of the of-site parcel located at 2080 North Palm Canyon Drive for a minimum period of three years, with multiple options to renew. The lease shall include a provision that the land owner guarantees that the reuse of the building at 2080 North Palm Canyon Drive shall include a valet-only parking program. The lease shall be Resolution No. 24397 Page 2 recorded on the property with the Riverside County Assessor's office within 30 days of approval of the applications by the City Council. Mitigation Measure X11-1: Install a long-term noise monitoring station at the western and southern Project site boundaries (Project side of the barrier) to actively enforce the hourly noise level limits of 66 dBA Leq (western property line) and 71 dBA Leq (southern property line) during the daytime (7.00 a.m. to 6:00 p.m.), evening (6:00 p.m. to 10:00 p.m.), and nighttime (10:00 p.m. to 7:00 a.m.) hours when the Project's outdoor speaker system is in use. The long-term noise monitoring station shall provide the following minimum specifications: o A Class/Type 1 or 2 microphone; o Capable of measuring "Slow,"A-weighted noise levels; o Capable of providing Leq (logarithmic average) noise levels on an hourly basis; o Capable of logging data to internal or external memory for reporting purposes; o The sound level meter shall satisfy the American National Standards Institute (ANSI) standard specifications for sound level meters ANSI S1.4- 2014/IEC 61672-1:2013; (1) o The sound level meter shall be calibrated at the manufacturer's recommended regular interval, o An alarm with notification capabilities (e.g., light indicator, automated text/email, etc.) to alert Project staff of exceedances, o The sound level meters shall be located at a minimum height of 5 feet above the base elevation of the pool deck (southern property line) and DJ stage (western property line); o Sample products are listed below for reference: • Noise Meters Inc. — SoundEar 3 (external link); • Noise Meters Inc. — NoiseSign (external link); The "without Project", existing ambient noise levels shall be measured over typical Friday and Saturday daytime, evening, and nighttime conditions on a weekend during which the Project's speaker system is not in use (prior to initial operation). The measurements shall be made for the entire daytime (7:00 a.m. to 6:00 p.m.), evening (6:00 p.m. to 10:00 p.m.), and nighttime (10:00 p.m. to 7:00 a.m.) periods to establish the hourly ambient noise levels during each hour the Project will operate. o In the event the measured, existing ambient noise level is higher than the noise level limits identified in this mitigation measure at the western and southern property lines, then the lowest, measured hourly ambient noise level (which exceeds the limit(s)) shall be considered the performance standard for this mitigation measure, consistent with Section 11.74.031(1) of the City of Palm Springs Municipal Code. Resolution No. 24397 Page 3 Should an exceedance of the hourly noise level limits or the measured ambient noise level, as described above, occur at the western and/or southern Project site boundary monitoring locations, the volume of the speaker system shall be lowered to reduce the exterior noise levels at the property line until the hourly or lowest ambient noise level limit is satisfied. o /n the event of a noise complaint, the Project Applicant shall provide noise level measurement data to the City of Palm Springs Planning Services Department for the event during which the complaint was made, including daytime, evening, and nighttime hourly noise level data to demonstrate whether the noise levels exceeded the on-site noise level limit. The data shall be provided to the City by the Applicant immediately for review at the City's discretion. Mitigation Measure X11-2: As an alternative to a permanent noise- monitoring solution, a sound level limiter may be installed as a part of the Project sound system to actively enforce the hourly noise level limits when the Project's outdoor speaker system is in use. o The sound level limiter must demonstrate the ability to limit the Project operational noise levels at the source result in satisfactory hourly noise levels below the limits identified for the western and southern property lines. The applicant has agreed in writing to implement all mitigation measures outlined in the initial study. A 20-day public comment period for review of the Initial Study and proposed Mitigated Negative Declaration was provided commencing on November 17, 2017 and ending on December 6, 2017. Through the public comment period, no new information was discovered that would change the City's determination about the project. C. On May 15, 2017 the City's Architectural Advisory Committee reviewed the subject project and voted 4-0-3 (Cassady, Lockyer, Miller, Secoy-Jensen absent) to recommend revisions to the project including better architectural articulation of the street-fronting wall and to include a comprehensive landscape plan for the entire site. D. On July 17, 2017, the AAC reviewed the project and recommended approval by the Planning Commission with the condition that the Yucca Rostrada be 24 inch box size and the Hesperaloe be decreased to 5 gallon sizes. E. A notice of public hearing of the Planning Commission was given in accordance with applicable law to consider the subject applications. Resolution No. 24397 Page 4 F. On December 13, 2017, the Planning Commission held a noticed public hearing in accordance with applicable law to consider the application and continued the hearing to a date certain of January 10, 2018 and requested a study session be scheduled to further understand the project. G. On January 10, 2018, the Planning Commission held a study session to further consider the details of the case. The Commission continued the matter to a public hearing on the same date. H. On January 10, 2018, following the above-noted study session, the Planning Commission further considered the subject project. At said meeting the Planning Commission adopted the Mitigated Negative Declaration as an adequate evaluation of the project's potential environmental impacts pursuant to the California Environmental Quality Act (CEQA). I. At said hearing, the Commission then voted 5-1 (Donenfeld opposed) to approve Case 6.550 VAR, a variance application seeking approval of off-street parking for the proposed project on a remote site located at a distance greater than allowed by the City's off-street parking ordinance. The Commission made the following findings in support of the Variance approval: FINDINGS —VARIANCE APPLICATION (Case #6.550 VAR): The applicant has submitted a variance seeking approval to use a remote off- street parking lot to accommodate an increased quantity of parking required for proposed new entertainment uses. The proposed lot is located a distance greater than what is permitted by the zoning code section 93.06.00 (13)(5)(c), and thus a variance application is required. Section 94.06.00 of the Palm Springs Zoning Code (PSZC) requires that all four of the following conditions be met in order to grant the variance: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The applicant proposes to add entertainment uses that require significantly more off-street parking spaces than can be accommodated on the site. The applicant asserts that they can secure a long term lease utilizing valet-parking at a lot at 2080 North Palm Canyon Drive that would accommodate half of the code- required off-street parking spaces for the proposed entertainment uses. The lot is 360 feet from the subject site. Pursuant PSZC 93.06.00(B)(5)(c), remote parking must be located not more than 300 feet from the project site. Resolution No. 24397 Page 5 The size, shape, and location of improvements on the property at 1900 North Palm Canyon Drive cannot accommodate the increased parking required for the proposed entertainment uses. There are no other parking lots in the vicinity that have excess capacity and are located within 300 feet of the project site. Thus, due to the size, shape, and location of the parcel at 1900 North Palm Canyon Drive and the fully developed nature of this property and properties in the vicinity, strict application of the 300 foot distance requirement for remote parking would deprive the owner of the subject property privileges enjoyed by other properties in the vicinity and under the same zone classification. 2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which the subject property is situated. The proposed variance would allow uses at the subject parcel to be parked in a remote lot that is at a distance greater than otherwise permitted. There are no other businesses in the vicinity or the zones in which this condition has been granted. The variance, as approved has conditions to assure that the action would not constitute a grant of special privilege including (1) a long-term lease in a form acceptable to the City Attorney, (2) an approved valet-parking plan acceptable to the Fire Department, (3) a condition restricting the occupancy of the building on the remote parking lot that does not exceed the proposed parking capacity of the valet parking plan (81 for the subject use and 77 spaces for the restaurant/ cocktail lounge use). 3. The granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity and zone in which the subject property is situated. The proposed remote parking requires that all vehicles in the lot will be parked using a valet service. Traffic from vehicles coming to the project site, and then being driven by valet service to the remote lot will increase the amount of vehicles on the road during the entertainment events on the subject site. A traffic study was conducted dated October 10, 2017, which demonstrated quantitatively that adverse traffic impacts will not occur nor degrade the minimally accepted Level of Service (LOS). Thus, approval of the variance will not be materially detrimental to public health, safety convenience or injurious to property and improvements in the same vicinity and zone in which the subject use is proposed. Resolution No. 24397 Page 6 4. The granting of such variance will not adversely affect the general plan of the city. The applicant has demonstrated through provision of a parking and traffic study that the city's network of roads in the vicinity of the project site will not be adversely impacted by the proposed use of a parking lot that is of a greater distance than allowed in the zoning code. Thus approval of the variance will not adversely affect the general plan. J. The Commission then voted 6-0 to approve Case 5.1409 CUP; Conditional Use Permits for the outdoor restaurant use, the outdoor cocktail lounge use, and the outdoor sound stage / entertainment venue use. The Commission based its approval upon the following findings: FINDINGS — CONDITIONAL USE PERMIT (Case #5.1409 CUP): Section 94.02.00 of the Palm Springs Zoning Code (PSZC) requires that the following conditions be met in order to approve a Conditional Use Permit. There are three uses proposed on this project requiring approval of a CUP: restaurant uses in hotels with 30 to 99 rooms, cocktail lounges, and the sound stage. The Planning Commission made the following findings in support of their action: 1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Restaurant Use. Pursuant PSZC Section 92.12.01(D)(20) a restaurant within a hotel containing from 30 to 99 rooms is permissible with approval of a CUP. Cocktail Lounge Use. Pursuant PSZC Section 92.12.01(D),(9), cocktail lounge and night club uses are permissible in the zone subject to approval of a CUP. Sound Stage Use. Pursuant PSZC Section 92.04.01(D)(18) sound stage uses are permissible in the zone subject to approval of a CUP. Each of the uses proposed conforms to this finding. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. Restaurant Use. The site on which the restaurant use is proposed is in an area in which a number of hotels are located. A restaurant at this location would enhance the dining options for all the properties in the vicinity. Cocktail Lounge Use. As noted above, like the proposed restaurant use, the cocktail lounge use at this hotel would provide an amenity to both this property Resolution No. 24397 Page 7 and surrounding properties that would enhance the experience of guests and visitors. Sound Stage Use. The sound stage is proposed to allow pre-recorded music to be played by a disk jockey providing entertainment at the subject location. The sound stage and amplified music may have the potential to cause noise nuisances at adjacent properties. However, mitigation measures have been proposed under the CEQA analysis of the project that would reduce the potential noise impacts to less than significant levels. The entertainment and playing of music is required to conform to the City's noise ordinance. Failure to comply with the mitigation measures and ordinances related to noise nuisances could cause the CUP to be reviewed for possible revocation. With these conditions and mitigation measures the sound stage and entertainment uses associated with it conform to this finding. 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. Restaurant Use, Cocktail Lounge Use, and Sound Stage Use. The proposed uses would be located around the pool terrace area. The uses require adequate off-street parking which cannot be accommodated on the project site. A remote site at 2080 North Palm Canyon Drive is proposed that would utilize 100% valet parking. A condition of approval is proposed requiring the applicant to provide to the City a fully executed long term lease, demonstrating adequacy of parking for the proposed uses. Termination or loss of this lease would eliminate the off- street parking needed for the proposed uses, thus the condition of approval includes a provision that the restaurant, cocktail lounge and sound stage / entertainment uses must cease within 30 calendar days of the loss of the off- street parking provided at 2080 North Palm Canyon Drive unless an alternative parking solution satisfactory to the City can be established. As conditioned the proposed uses would conform to this finding. 4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Restaurant Use, Cocktail Lounge Use, and Sound Stage Use. The project site has frontages and vehicular access onto two major thoroughfares. A parking and traffic study was prepared demonstrating adequacy of the adjacent streets to accommodate the anticipated traffic generated by the proposed uses without an unacceptable drop in the level of service "LOS" on this network of streets. Thus the proposed uses conform to this finding. Resolution No. 24397 Page 8 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Conditions of approval are included herein. Implementation of these conditions is intended to protect the public health, safety and general welfare. These conditions include limiting the hours of use for each of the proposed entertainment uses. In addition, as noted on page 4 of the noise analysis, a condition of approval has been proposed to "install a low frequency sound level limiter as a part of the project sound system to reduce the noise levels in frequencies below 120 Hz by a minimum of 10 dBA. K. The Commission then voted 6-0 to approve Case 3.864 MAA; a minor architectural application for renovation, additions and landscape improvements at the subject site. The Commission based its approval on the following evaluation: FINDINGS —ARCHITECTURAL REVIEW (Case #3.864 MAA): PSZC Section 94.04.00(D) requires an evaluation of the proposed development to determine if it will provide a desirable environment for its occupants, be compatible with the character of adjacent and surrounding developments, and whether it is of good composition, materials, textures and colors. Conformance is evaluated based on the following criteria: Guidelines [PSZC 94 04U0(D)]. ' :: Compliance 1. Site layout, orientation, location of structures and relationship Requires approval of to one another and to open spaces and topography. the PDD. Definition of pedestrian and vehicular areas, i.e., sidewalks as distinct from parking lot areas. The project proposes several additions to the existing hotel and renovation/replacement of the pool and terrace. The project proposes new structures/buildings along Palm Canyon Drive that essentially abut the front property line. Although the proposed new buildings conform to the C-1 standards for front yards and is similar to some of the existing older development in the vicinity, hotels in C-1 require 30 foot front yard setbacks. The proposal would require approval of a PDD to allow relief from this development standard. 2. Harmonious relationship with existing and proposed Yes adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if Resolution No. 24397 Page 9 Glaidelme`s;[PSZC 94.04A0(D)] °'f,; s C9mpIlance warranted; The proposed Palm Canyon facade and perimeter wall provides an interesting and varied surface treatment with stucco and "simulated wood plank" tile, and trellises upon which the Cat's Claw Vine is expected to grow. 3. Maximum height, area, setbacks and overall mass, as well Requires approval of as parts of any structure (buildings, walls, screens, towers or the PDD. signs) and effective concealment of all mechanical equipment; As noted above, the applicant is seeking relief from the setback requirements. As required by the County Health Department, certain perimeter walls (specifically the pool barrier walls) are higher than typically seen for pool barriers due to existing adjacent walls and structures (along the property line with Billy Reeds restaurant. 4. Building design, materials and colors to be sympathetic with Yes desert surroundings; The proposed new structures are simple in their form and express no particular architectural style. The existing hotel is also simple in its geometry with clay the mansard roofs. 5. Harmony of materials, colors and composition of those Yes elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, Generally neutral tones are proposed with small squares of accent colors. 6. Consistency of composition and treatment, Yes The project's aesthetic is generally consistent throughout, with sim le unadorned buildings in neutral colors. 7. Location and type of planting, with regard for desert climate Yes conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; Applicant proposed a comprehensive re-landscaping of the entire site, integrating certain mature plant specimens and introducing new material to replace missing or distressed plantings. 8. Signs and graphics, as understood in architectural design N/A including materials and colors. Not a part of this application. Signage will be submitted for staff level approval under separate application. L. The Commission then voted 6-0 to continue consideration of Case 5.1409 PDD 387, a planned development district application seeking relief from certain Resolution No. 24397 Page 10 development standards for development of the proposed project, to a date certain of January 24, 2018. M. On January 24, 2018, the Planning Commission further considered Case 5.1409 PDD 387 and voted 6-0 to continue the case to a date certain of February 28, 2018 and established a subcommittee comprised of Commissioners Hudson, Hirschbein, and two members of the AAC to coordinate comments from the Commission with the applicant on the architectural and landscape design of the project. N. On February 22, 2018, the subcommittee of the Planning Commission met with the applicant and Planning Department staff to further refine and clarify the architectural design details of the project. O. On February 28, 2018, the Planning Commission considered the project, including a summary of the outcome of the subcommittee meeting on February 22, 2018 and voted 6-0 to approve Case 5.1409 PDD 387; a Preliminary Planned Development District application and recommended that the City Council adopt the Mitigated Negative Declaration as an adequate evaluation of the project under CEQA and approve the preliminary planned development district application. The Planning Commission based its approval on the following findings: FINDINGS — PLANNED DEVELOPMENT DISTRICT (Case #5.1409 PDD 387): Section 94.03.00(E) of the Palm Springs Zoning Code (PSZC) authorizes the establishment of Planned Development Districts in accordance with the public hearing procedures and criteria for conditional use permit applications. The Planning Commission has determined that the following conditions have been met in order to justify the establishment of a Planned Development District as follows: 1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. The existing hotel use is permitted by right. Pursuant to the Palm Springs Zoning Code, Restaurant uses in hotels with between 30 and 99 rooms, cocktail lounge uses, and sound stages are permitted with approval of a Conditional Use Permit (CUP); Findings for the CUP's are evaluated later in this report. The project conforms to this finding. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the Resolution No. 24397 Page 11 zone in which the proposed use is to be located. The area in which the subject project is located is comprised of many older hotels, restaurants and multi-family residential uses. A number of older hotels such as this one are undergoing revitalization which should improve the desirability of these properties. The project is located in the Tourist Resort Commercial (TRC) land use designation of the General Plan and is in harmony with various elements and/or objectives of the General Plan as follows: Policy LU 7.1: Encourage a diversity of high-quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales, in appropriate areas of the City. The proposed project will augment the existing guest room accommodations at the site with entertainment and food sales that will add vitality and commercial activity to the area. Policy CD 14.1: Ensure that walls and fencing are attractive and well-designed, especially along major corridors and in historic neighborhoods. And Policy CD 14.7. Install landscaping along the edge of walls and fences to soften their appearance. The project proposes a privacy wall along Palm Canyon Drive that varies in height, material and color with a landscape palette comprised of a pleasing variety of shrubs, groundcovers and vines. Policy CD 17.7. Avoid monotonous expanses of blank walls through the use of richly detailed and well-articulated fagade designs and landscaping. In response to recommendations from the AAC, the proposed new perimeter wall along Palm Canyon is provided with a variety of materials, textures and colors and provided with landscaping in the buffer area between the sidewalk and the proposed perimeter wall. The proposed outdoor entertainment venue has the potential to generate noise impacts that may be detrimental to the surrounding land uses, however with the integration of the mitigation measures outlined in the CEQA Initial Study, the project is projected to conform to the City's noise ordinance and should not be detrimental to existing or future uses permitted in the zone in which it is located. Thus as noted above, the project conforms to this finding. 3. That the site for the intended use is adequate in size and Resolution No. 24397 Page 12 shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The 1.42-acre site is fully developed with an existing hotel, landscaping, recreational areas and parking, however there is inadequate site area to provide for off-street parking for the proposed new entertainment uses. An existing parking lot located at 2080 North Palm Canyon Drive is to be used for valet parking of cars for the proposed entertainment uses on this site. The Planning Commission through the findings of the Variance herein, has made an affirmative finding regarding the adequacy of the site. 4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. As noted above, the application included the submittal of a traffic and parking study that proposes use of a remote site at 2080 North Palm Canyon Drive as the long-term parking solution. With the approval of this remote location with a parking specific plan constituted with the approval of this PDD, the project is deemed consistent with this finding. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. A number of conditions of approval have been imposed to protect public health safety and general welfare. With the implementation of these conditions the project is deemed consistent with this finding. P. A notice of a public hearing of the City Council to consider Case 5.1409 / PD 387 / CUP / 3.864 MAA / 6.550 VAR was issued in accordance with applicable law. Q. On March 21, 2018, the City Council held a noticed public hearing to consider Case 5.1409 / PD 387 / CUP / 3.864 MAA/ 6.550 VAR. R. At said hearing the City Council adopted the Mitigated Negative Declaration as an adequate and complete evaluation of the project under CEQA and voted to approve Case 5.1409 / PD 387 / CUP / 3.864 MAA /6.550 VAR subject to conditions of approval. In making its decision, the City Council adopted the findings made by the Planning Commission for the Variance, the Minor Architectural Application, the Conditional Use Permits and the Planned Development District. Resolution No. 24397 Page 13 THE CITY COUNCIL RESOLVES: That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby approves Case 5.1409 CUP / PD 387 / 3.864 MAA / 6.550 VAR for renovation and additions to an existing 62-room hotel to add an outdoor music venue / sound stage, an outdoor restaurant use, an outdoor cocktail lounge use and support spaces at the Monroe Hotel (AKA Infusion Beach Hotel) located at 1900 North Palm Canyon Drive, subject to the conditions of approval attached herein as Exhibit "A". ADOPTED this 215'day of March, 2018. David H. Ready, Esq., . City Manager ATTE T: Ant ony J. C City Clerk Resolution No. 24397 Page 14 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24397 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 21, 2018, by the following vote: AYES: Councilmembers Holstege, Kors, Middleton, and Mayor Pro Tern Roberts NOES: Mayor Moon ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this 244 , day of F �, 2018 d nthony MC City Clerk/ Resolution No. 24397 Page 15 EXHIBIT A Case 5.1409 CUP / PD 387 / 3.864 MAA/ 6.550 VAR Infusion Beach Hotel — Entertainment Venue 1900 North Palm Canyon Drive March 21, 2018 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 Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case (5.1409 CUP / PD 387 / 3.864 MAA / 6.550 VAR); except as modified with the approved Mitigation Monitoring Program and the conditions below. The three conditional use permits are (1) Approval of an outdoor restaurant use as an accessory use to a hotel, (2) Approval of an outdoor cocktail use as an accessory use to a hotel, (3) Approval of an outdoor sound stage / amplified music / entertainment venue including "ambient' (background) music. Parking for the accessory uses shall be provided in a remote lot at 2080 North Palm Canyon Drive. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped December 4, 2017, January 24, 2018, and March 21, 2018, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. Resolution No. 24397 Page 16 ADM 5. Indemnification. 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 5.1409 CUP / PD 387 / 3.864 MAA / 6.550 VAR. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements on this site and the remote parking lot site, including and without limitation all structures, sidewalks, bikeways, 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. ADM 7. Time Limit on Approval. Approval of the preliminary Planned Development District, and the Architectural approval shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause pursuant to Zoning Code Section 94.12.00. Approval of this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Once constructed, the Conditional Use Permit, provided the project remains in compliance with all conditions of approval, does not have a time limit. ADM 8. CUP review by City. Following the issuance of the business license for the proposed uses requiring a conditional use permit, the Planning Commission shall schedule a public hearing with the applicant to review the project for compliance with the conditions imposed herein, including, but not limited to Resolution No. 24397 Page 17 hours of operation, traffic impacts, parking and noise impacts reports from the Police Department on complaint calls and/or service or noise violations. Such compliance reviews shall be scheduled at 6, 12, 24, 36, 48, and 60 months after the date of issuance of the business license for the CUP-related uses Subsequent review of the CUP's shall be as requested by the Planning Commission. Noticing fees for these review hearings shall be the responsibility of the applicant. ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). ADM 12. Cause No Disturbance. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The owner shall post signage at or near the entrance to the outdoor venue advising guests not to park in adjacent parking facilities or on nearby residential streets. The owner and operator shall Resolution No. 24397 Page 18 ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City, State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution ADM 13. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Policy or the Director of Building and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. ADM 14. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 15. Conditional Use Permit Availability. The applicant shall provide a copy of the Conditional Use Permit to all buyers and potential buyers. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information. ENV 2. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. Resolution No. 24397 Page 19 PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit demonstrating that lighting on site shall not cause glare or light spillage onto adjacent properties. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. The quantity of plant species shown on the approved landscape plan shall be sufficient to provide live ground cover for roughly 50% of the landscape area. The remaining 50% shall be provided with inert groundcover (decomposed granite, gravel, etc.) and maintained free of weeds and debris. PLN 3. Submittal of Final PDD. The Final Planned Development plans shall be submitted in accordance with Section 94.03.00 (Planned Development District) of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission and Planning Department. Final Planned Development District applications must be submitted within two (2) years of the City Council approval of the preliminary planned development district. PLN 4. Conditions Imposed from AAC Review. The applicant shall incorporate the following comments from the review of the project by the City's Architectural Advisory Committee: The Yucca Rostrata should be 24 inch box sizes, and the Hesperaloe may be decreased to 5 gallon sizes. PLN 5. Palm Tree Requirement. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Resolution No. 24397 Page 20 Drive and/or Tahquitz Canyon Way median. (for projects on Palm Canyon or Tahquitz Canyon Way). PLN 6. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of the final inspection sign off on all building permits associated with the project. PLN 7. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 8. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 9. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 10. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 11. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 12. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 13. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 14. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by patrons and employees. Location and design shall be approved by the Director of Planning. PLN 15. Remote Parking. a. Off-street parking for the proposed outdoor entertainment uses (restaurant, cocktail lounge, sound stage) is to be provided using 100% valet parking services. Resolution No. 24397 Page 21 b. The parking shall be provided in an existing parking lot located at 2080 North Palm Canyon Drive. c. There shall be not less than 70 off-street parking spaces provided at 2080 North Palm Canyon Drive for the proposed outdoor restaurant, cocktail lounge, and sound stage / entertainment venue located at 1900 North Palm Canyon Drive (based upon a parking ratio of 1 space for every three occupants of the venue). d. There shall be not less than 69 off-street parking spaces provided at 2080 North Palm Canyon Drive for future restaurant / cocktail lounge uses associated with the building located at 2080 North Palm Canyon Drive based upon 2,373 square feet of area where the public is served as previously calculated under Case 5.1166 CUP. e. There shall be not less than 8 off-street parking spaces provided at 2080 North Palm Canyon Drive for employees associated with the approved accessory uses at 1900 North Palm Canyon Drive. f. All off-street parking at 2080 North Palm Canyon Drive shall be parked according to the valet stacking plan shown in Exhibit 6-1 in the project's parking study dated October 10, 2017 and prepared by RK Engineering Group, Inc., as may be amended by the City of Palm Springs Fire Department. g. Prior to consideration of the PDD, CUP, Architectural approval and/or Variance for the proposed project by the Planning Commission, the applicant shall furnish the City a copy of a fully executed lease, in a format acceptable to the City Attorney, demonstrating control of the off-site parcel located at 2080 North Palm Canyon Drive for a minimum period of ten years, with multiple options to renew. The lease shall include a provision that the land owner guarantees that the reuse of the building at 2080 North Palm Canyon Drive shall include a valet-only parking program. The lease shall be recorded on the property with the Riverside County Assessor's office within 30 days of approval of the applications by the City Council. h. The City Attorney shall review the lease between the applicant and the owner of the land at 2080 North Palm Canyon Drive, and shall provide the Planning Commission, prior to its taking action on the matter, with confirmation that it guarantees access to the site for off-site parking and requires valet-only parking when the building at 2080 North Palm Canyon Drive opens. i. The valet parking service at 2080 North Palm Canyon Drive shall be provided to patrons of the accessory uses at the hotel at no charge. Resolution No. 24397 Page 22 j. Loss, revocation, or cancellation of the lease for the off-street parking at 2080 North Palm Canyon Drive shall require submittal by the applicant within 30 days of the cancellation of the lease an alternative off-street parking proposal satisfactory to the City. Failure to provide such alternative parking shall result in the revocation of the Conditional Use Permits for the restauarant use, the cocktail lounge use and the sound stage/outdoor music use. k. The guests of the hotel at 1900 North Palm Canyon Drive shall have first right of use to the off-street parking facilities on that site. Guests of the accessory uses may use the parking facilities on site only when the hotel is not fully occupied. I. Queuing of vehicles for the valet parking service shall be accommodated on site at 1900 North Palm Canyon Drive, not on the public street. m. The valet parking service shall be available and adequately staffed at all times that the accessory uses are open to the public. PLN 16. Noise Attenuation Measures. a. A sound level limiter shall be installed as a part of the Project sound system to actively enforce the hourly noise level limits when the Project's outdoor speaker system is in use. o The sound level limiter must demonstrate the ability to limit the Project operational noise levels at the source result in satisfactory hourly noise levels below the limits identified for the western and southern property lines. b. The applicant shall install a low frequency sound level limiter as a part of the project's sound system to reduce the noise levels in frequencies below 120 Hz by a minimum of 10 dBA. c. The outdoor amplified music / sound system shall not employ subwoofers. The limiters associated with the sound system shall be preset and the owner/operator of the sound system shall not have the ability to override or bypass such limiters. d. The speakers for the sound system shall be oriented inward and downward on the site so as to minimize sound impacts on adjacent properties. PLN 17. The installation of sound monitoring stations may be required by the Planning Commission based on findings, reports and complaints heard by the Planning Commission at the periodic operational review hearings. PLN 18. Hours of Operation. The applicant proposes differing hours and days for the operation of the various outdoor entertainment venues (restaurant / cocktail Resolution No. 24397 Page 23 lounge / amplified music). The hours of operation for each use are outlined below. Any change that reduces the hours of operation for any of the uses permitted herein may be made without further amendment to the use permit(s) granted herein, however any change that expands the hours of operation beyond those listed here would require an amendment to the conditions and be approved by the Planning Commission. Restaurant open to public Sunday through Thursday 9am to 12am Friday through Saturday 8am to 2am Restaurant open for Room Service Everyday 7am to 2am Pool Access Everyday 7am to 2am Bar Service Sunday through Thursday 11 a to 12am Friday through Saturday 9am to 2am Monday Holidays and National Holidays that fall on a weekday 9am to 12am Music Sunday through Thursday ambient sound level 11 am to 12am Friday through Saturday amplified music 1 pm to 10pm, 10pm to 2am ambient sound level "Ambient Sound Level" shall be defined as background music, established at a loudness level that allows for normal conversations within the outdoor venue area of the subject property. "Ambient noise level" shall be as defined in the City's Noise Ordinance which states, "An existing level of all-encompassing noise associated within a given environment, usually a composite of sounds from many sources near and far, without inclusion of intruding noises from isolated identifiable sources". "Amplified Music" shall be defined as pre-recorded or live entertainment established at a loudness level that conforms to the City's Noise Ordinance as measured at the property line and/or the sound limiter levels established above, whichever is lower. PLN 19. The maximum occupancy for the outdoor entertainment venues (i.e. restaurant, cocktail lounge, sound stage / amplified music) shall not exceed 210 persons, as amended by the occupancy limits imposed by the Palm Resolution No. 24397 Page 24 Springs Fire Department and as limited by the available off-street parking at the 2080 Palm Canyon lot. PLN 20. Land Use Permit Required for Special Events. Approval of an LUP shall be required for any and all special events proposed at the subject site that exceeds 210 occupants. The LUP shall include acceptable provision for off- street parking, as well as noise and traffic controls for the event. PLN 21. The parapets at the food service preparation building shall be integral with the exterior walls of the building. The face of the parapet walls shall be in alignment with the face of the building wall below, matching in plane, texture and color of the food service building. The food service building shall be painted the same neutral color as the main hotel building and be of a sand finish stucco. PLN 22. The shade canopy at the food service pick-up window shall match in color and material with the fabric umbrellas used throughout the pool deck area. PLN 23. Inert ground cover (i.e. gravel / decomposed granite) on all landscape areas is to be Palm Springs Gold. PLN 24. Public Benefit Items: The applicant is to provide a $50,000 payment to The City of Palm Springs prior to issuance of building permit. The funds are to be used toward the "sidewalk gap infill" initiative on sidewalks in the general vicinity of the project site (generally the area north of Tachevah with priority given to infill of sidewalk gaps along major thoroughfares of North Indian Canyon Drive, North Palm Canyon Drive, Vista Chino, and other major or secondary thoroughfares in the general vicinity of the project site. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS (none). FIRE DEPARTMENT CONDITIONS FID 1 These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. Initial fire department conditions have been determined on the resubmitted plans received and dated Resolution No. 24397 Page 25 February 13, 2017. Additional requirements may be required at that time based on revisions to plans. FID 2 Fire Department Conditions were based on the 2013 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "O" Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. No deferred submittals accepted. FID 3 Conditions of Approval — "Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. FID 4 Plans and Permits (CFC 105.1): Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM — 6:00 PM, Monday—Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 5 Required access (CFC 504.1): Exterior doors and openings required by Resolution No. 24397 Page 26 this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. FID 6 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be prohibited unless approved by the fire code official. FID 7 Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. FID 8 Required Water Supply (CFC 507.1): An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. FID 9 Water Plan (CFC 501.3 & 901.2): A water plan for on-site and off-site is required and shall include underground private fire main for fire sprinkler riser(s), public fire hydrant(s), public water mains, Double Check Detector Assembly, Fire Department Connection and associated valves. FID 10 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 Resolution No. 24397 Page 27 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: FDC SERVES 1900 N PALM CANYON [Designate Buildings Served] FID 11 Fire Hydrant & FDC Location (CFC 912.2): 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. FID 12 Fire Department Connections (CFC 912.2.1 & 912.3): 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. FID 13 NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2013 Edition, as modified by local ordinance. FID 14 Identification (CFC 509.1): Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, roof access, electrical rooms, or other fire detection, suppression or control elements shall be identified for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location, shall be constructed of durable materials, permanently installed and readily visible. FID 15 Fire Sprinkler Supervision and Alarms System (CFC 903.414.1): All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and water-flow switches on all fire sprinkler systems shall be electrically supervised by a listed Fire Alarm Control Unit (FACU). The listed FACU alarm, supervisory and trouble signals shall be distinctly different and shall be monitored at a UL listed central station service. The fire sprinkler supervision and alarms system shall comply with the requirements of NFPA 72, 2013 Edition. All control valves shall be locked in the open position. Resolution No. 24397 Page 28 FID 16 Fire Extinguisher Requirements (CFC 906): 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. Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. Portable Fire Extinguishers for Food Processing Equipment (CFC 906.1 & 4): 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. The preferred location is near the exit from the cooking equipment area. FID 17 "Exit Analysis Plans" required (CFC 104.7.2): Prepared, stamped and signed by a state licensed architect in 1/" = 1' scale. The floor plans shall address the following for all assembly occupancies including swimming pool enclosures (A-5): Provide net occupant load calculations for interior assembly spaces and outdoor patios. The occupant load determination shall be made by the Fire Marshal Seating/table diagram with compliant aisle widths Minimum required egress width to accommodate occupant load Exit access travel distance Egress paths to public way Means of egress illumination locations Illuminated EXIT sign locations Compliant exit doors/gates and door/gate hardware (panic hardware) Note any elevation changes in the exit discharge Locations of fire extinguishers (minimum rating 2A-1013C). Project Note: Address separately; egress to public way from hotel and egress from pool enclosure to public way. Demonstrate compliance with exiting requirements Project Note: Occupant load factor shown for pool deck is incorrect — pool deck factor is 15 sgft/person, not 7 sgft/person Project Note: South ground floor exiting from hotel rooms is not compliant. Door swing obstruction in egress path & gate swings against travel direction FID 18 Hazardous Materials (CFC 5004.1): Storage of hazardous materials in amounts exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001, 5003 and 5004. Storage of hazardous materials in amounts not exceeding the Resolution No. 24397 Page 29 maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001 and 5003. Retail and wholesale storage and display of nonflammable solid and nonflammable and noncombustible liquid hazardous materials in Group M occupancies and Group S storage shall be in accordance with Section 5003.11. Pool Chemicals — dedicated, compliant storage cabinets, rooms, or areas required Liquid Petroleum Gas (LPG) — dedicated, compliant storage cabinets, rooms, or areas required END OF CONDITIONS