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HomeMy WebLinkAbout24116RESOLUTION NO. 24116 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION AND APPROVING THE CONSTRUCTION OF A 66-ROOM HOTEL WITHIN THE EXISTING PLAZA DEL SOL SHOPPING CENTER LOCATED AT 1555 SOUTH PALM CANYON DRIVE (CASE 3.3937 MAJ AND 5.0177 PD-131 AMEND). WHEREAS, Develop Good, LLC on behalf of John Wessman ("Applicant") filed an application with the City pursuant to Sections 94.03.00 and 94.04.00 of the Palm Springs Zoning Code for an amendment to an approved Planned Development District, Case 5.0177 PD-131, and Major Architectural Application, Case 3.3937 MAJ, to construct a 66-room hotel at the northeast corner of an existing shopping center located at 1555 South Palm Canyon Drive (southwest corner of Morongo Road and South Palm Canyon Drive); and WHEREAS, on May 2, 2016, the subject project was reviewed by the City's Architectural Advisory Committee (AAC), which voted to recommend conditional approval of the project; and WHEREAS, the proposed project associated with the above applications ("Project") is considered a "project" pursuant to the terms of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. ("CEQA"); and WHEREAS, pursuant to the CEQA Guidelines, 14 California Code of Regulations Section 15000 et. seq., an initial study was prepared. The initial study concluded that all of the project's potentially significant impacts will be less than. On this basis, a Negative Declaration was prepared and circulated for a 30-day public review and comment period from July 9, 2016 to August 7, 2016, in accordance with Section 15073 of the CEQA Guidelines; and WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm Springs to consider the above -mentioned applications was given in accordance with applicable law; and on August 10, 2016, the Planning Commission held a public hearing on the Project in accordance with applicable law, provided direction to the applicant to make changes to the Project, and continued the item to the Planning Commission's regularly scheduled meeting of September 14, 2016; and WHEREAS, on September 14, 2016, the Planning Commission held a public hearing on the applications in accordance with applicable law and unanimously recommended the City Council adopt a Negative Declaration and conditionally approve the Project, including Case Nos. 5.0177 PD-131 AMEND and 3.3937 MAJ; and Resolution No. 24116 Page 2 WHEREAS, a notice of public hearing of the City Council of the City of Palm Springs, California to consider the above -mentioned applications was given in accordance with applicable law; and on October 5, 2016, the City Council held a public hearing in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the Project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CEQA: The City Council independently reviewed and considered the information contained in the Negative Declaration (ND). The ND reflects the City's independent judgment and analysis. The City Council finds, on the basis of the whole record before it, including the Initial Study and comments received, that the Project will not have a significant effect on the environment. SECTION 2. Planned Development District. A Planned Development District (PD) is subject to the requirements of Zoning Code Section 94.02.00, including required findings contained therein. An analysis of all required findings for a PD is provided below: The City Council shall not approve a PD unless it finds as follows a. That the use applied for at the location set forth in the application is properly one for which a PD is authorized by this Zoning Code; The property is zoned PD-131 and has an underlying zone of C-1. Uses permitted in the C-1 zone include hotels, restaurants, retail stores, offices and other similar commercial uses. Therefore, the hotel use applied for at the subject site is authorized by the Zoning Code. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The proposed hotel use will operate within an existing, partially developed shopping center that is situated along a commercial corridor, Palm Canyon Drive. The use is desirable in the proposed location since the site falls within the Resort Combining Overlay zone, which encourages accommodations and services for visitors to the city. The land use designation of the site is NCC (Neighborhood/Community Commercial), which allows a variety of convenience commercial uses that Resolution No. 24116 Page 3 provide an opportunity to serve nearby residential neighborhoods. The Planned Development currently offers many of these commercial uses, and the addition of the proposed hotel will expand services offered through transient accommodations and accessory poollrecreation space open that is available to the public. Therefore, the proposed use is in harmony with the various elements of the General Plan. The proposed hotel will be integrated with the existing restaurant building at the street corner. Hotels, restaurants and other commercial uses are permitted within the underlying C-1 zone. Therefore, the use is not anticipated to be detrimental to existing or future uses allowed in the zone. C. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood, The project consists of an overall 17-acre site that is partially developed as a shopping center. A mix of building are scattered throughout the site with off- street parking and internal driveways. The proposed hotel will be constructed adjacent to an existing restaurant building and pool area. The 34-ft high structure will be exceed setback requirements, ensuring adequate distance from adjacent streets, and incorporated within the existing recreation space previously part of a larger pool area. Parking will be added to the west of the building, and additional landscaping will be installed to soften the built environment. Therefore, the commercial site is adequate in size and shape to accommodate the proposed hotel use. d. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; According to the Focused Traffic Analysis prepared for the project, the proposed development is projected to generate approximately 589 daily vehicle trips, 45 of which will occur during the morning peak hour and 47 of which will occur during the evening peak hour. While this is an increase in traffic on the city's circulation system, the Focused Traffic Analysis indicates that the study area intersections are currently operating at acceptable levels of service (LOS) and will continue to operate at acceptable levels following construction of the project. Therefore, the site for the proposed use will be adequately served by existing streets. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Resolution No. 24116 Page 4 A set of draft conditions of approval are proposed and attached to this staff report as Exhibit "A" to ensure the public health, safety and general welfare are protected. SECTION 3. Public Benefit. In accordance with the City Council Policy on Planned Development, the identified public benefit includes the project as a Public Benefit. The project fulfills key General Plan objectives for economic development. The proposed architecture enhances the retail center and provides a pleasant, convenient and visually appealing shopping and work opportunity for the city (Community Design Goal CD 17). SECTION 4. Architectural Review: Pursuant to Section 94.04.00(D) of the Palm Springs Zoning Code, the City Council finds: 1. The proposed development provides a desirable environment for its occupants. The project provides amenities common of a hotel, including outdoor recreation, pool space and private patios, and will be integrated within a commercial complex that provides other services, such as restaurant and retail facilities. 2. The proposed development is compatible with the character of adjacent and surrounding developments. colors. Existing development in the project vicinity includes structures of varied heights, architectural character and age. The building is harmonious with mid- century modern vernacular of other buildings in the surrounding area (i.e. Musicland Hotel). 3. The proposed development is of good composition, materials, textures, and The project architecture is contemporary. Rhythmic shapes and patterns create visual interest and shadow on the new structure. Color, texture and material composition are harmonious and establish an attractive architectural presence. 4. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas; Pedestrian and vehicular spaces are clearly defined. The site layout and orientation of the structure relate well within the context of the commercial center Resolution No. 24116 Page 5 in which it is proposed. A drop-off and covered entry on the west side of the building will establish the pedestrian entry from the parking area. 5. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood / community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; The proposed land use is consistent with other uses in the area. However, the design of the new building deviates from the existing structures within the shopping center, which are of Spanish -Mediterranean influence. 6. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment; Height and setbacks are consistent with the zoning code and appropriate for the three-story structure. All rooftop mechanical units will be screened from surroundings streets and properties. 7. Building design, materials and colors to be sympathetic with desert surroundings; The building is proposed in white stucco and anodized aluminum windows. Building recesses provide shade for each hotel room and allow guests enjoy the desert surrounding. 8. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously Lighter earth tones are found in the immediate area. The proposed materials and colors are used in consistent manner around the building and when visible simultaneously. 9. Consistency of composition and treatment Proposed building elevations include a recurring geometry with solids, voids and material treatment. 10. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials Resolution No. 24116 Page 6 The proposed landscape plans are consistent with desert appropriate trees and plants. Existing Olive trees are to be maintained. Mature shade trees at a minimum size of 36-inch boxes are most appropriate for the parking lot. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts a Negative Declaration and approves Case Nos. 5.0177 PD-131 AMEND and 3.3937 MAJ; to construct a 66-room hotel and related improvements within the existing Plaza Del Sol shopping center located at 1555 South Palm Canyon Drive, subject to conditions of approval attached herein as Exhibit A. ADOPTED THIS 5T" DAY OF OCTOBER, 2016. David H. Ready, City'Ma ATTEST: mes Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24116 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 the 5t day of October, 2016, by the following vote: AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and Mayor Moon. NOES: None. ABSENT: Mayor Pro Tern Mills. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California 11/5 61 2al Resolution No. 24116 Page 7 EXHIBIT A Case No. 5.0177 PD-131 AMEND and 3.3937 MAJ Planned Development District Amendment and Major Architectural Application Belardo Hotel within Plaza Del Sol 1555 South Palm Canyon Drive October 5. 2016 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. ADDED CONDITIONS: ADD 1. South stairwell may be modified from current design. ADD 2. Parking lot shade trees to be a minimum of 36-inch box sizes with preference of 42-inch or 48-inch sizes where possible. Existing Olive Trees may remain in parking lot. ADD 3. Chapter 11 of Municipal Code Noise ordinance to be enforced and can only be modified upon approval at a public hearing. ADMINISTRATIVE CONDITIONS ADM 1. Proiect Descriation. This approval is for the project described per Case Nos. 5.0177 PD-131 AMEND and 3.3937 MAJ, except as modified with the approved conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the conditions below. ADM 3. Conform to all Codes and Requlations. 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. Resolution No. 24116 Page 8 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. 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 5.0177 PD-131 AMEND and 3.3937 MAJ. 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 Reoair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements 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 Aooroval. Approval of the Planned Development District Amendment and Major Architectural Applications shall be valid for a period of two (2) years from the effective date of the approval. Construction must commence within this period. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 8. Riaht to Aooeal. 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 9. 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 Resolution No. 24116 Page 9 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 10. 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 and operator shall 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 11. 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 12. Comply with Citv Noise Ordinance. The uses associated with this approval shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code (PSMC). Violations by any of the individual uses permitted under this PD may result in revocation or revision of the PD associated with that particular use at the site pursuant to the procedures outlined in PSZC 94.02.00.(1). The Noise level limits are as set forth below from PSMC Section 11.74.031: 11.74.031 Noise level limit. The noise level or sound level referred to in this section shall mean the higher of the following: (1) Actual measured ambient noise level; or Resolution No. 24116 Page 10 (2) Zone That noise level limit as determined from the table in this subsection: Commercial Time Sound Level (A -weighted) Decibels 7 a.m. to 6 p.m. 60 6 P.M. to 10 P.M. 55 10 p.m. to 7 a.m. 50 ADM 13. Outdoor Entertainment. This PD authorizes the use of live DJ's and bands providing entertainment outdoors within the pool area. Entertainment is approved as follows: a. Live entertainment shall be limited to the pool deck within the hours of 11:00 AM to 6:00 PM. b. Any and all instruments shall have limited amplification. c. All amplification equipment shall be placed so that sound is projected toward other commercial properties and roadways, and away from nearby residential communities. d. Noise levels shall be maintained to a level where customers can conduct normal conversation. e. All activities shall comply with the provisions of the City's Noise Ordinance. f. Guitar/instruments and DJ's are permissible on weekends and shall not exceed decibels of the City Noise Ordinance. ADM 14. Conditional Use Permit Availabilitv. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Cultural Resource Site Monitoring. a). The presence of an approved Native American Cultural Resource Monitor(s) during any ground disturbing activities (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior's Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. b). Before ground disturbing activities begin please contact the Tribal Historic Preservation Office to arrange cultural monitoring. The phone number for monitoring services is 760-699-6981. Resolution No. 24116 Page 11 PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Liahtina 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. 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 Landscaoina 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. PLN 3. Conditions Imoosed from AAC Review. The applicant shall incorporate the following comments from the review of the project by the City's Architectural Advisory Committee: a. Increase shading in the parking lot by adding more Palo Verde trees. b. Remove eight (8) parking spaces and convert into landscape buffer with variation in heights to soften the transition to the parking lot. c. Add trees and landscape, if necessary, to the north and south side of the hotel to soften the fagade of the building. d. Submit a new landscape plan for South Palm Canyon Drive section showing more height and dramatic landscaping. e. Revise the sidewalk flatwork design at south stair tower. f. Modify the landscape plan to show the existing olive trees as currently located. PLN 4. Sian Armlications Reauired. 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 building permits. PLN 5. 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. Resolution No. 24116 Page 12 PLN 6. Maintenance of Awnings & Proiections. All awnings shall be maintained and periodically cleaned. PLN 7. Screen Roof -mounted Eauipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 8. 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 9. 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 10. Exterior Alarms & Audio Svstems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 11, Outside Storaae Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 12. No off -site Parkina. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 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 APPLICATION FOR APPROVAL OF A COMMERCIAL BUILDING LOCATED AT 1555 SOUTH PALM CANYON DRIVE, (APN 513-300-038), SECTION 22, TOWNSHIP 4 S, RANGE 4 E, S.B.M., CASE NO. 3.3937, ENG. FILE NO. 4120. The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Resolution No. 24116 Page 13 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. SOUTH PALM CANYON DRIVE ENG 2. All broken or off grade street improvements along the project frontage shall be repaired or replaced. MORONGO ROAD ENG 3. All broken or off grade street improvements along the project frontage shall be repaired or replaced. BELARDO ROAD ENG 4. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON -SITE ENG 5. The minimum pavement section for all on -site pavement (drive aisles and parking spaces) shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER ENG 6. Applicant is required to pay all outstanding sewer connection charges prior to issuance of any Grading and Building permits. ENG 7. All sanitary facilities shall be connected to the public sewer system (via the existing on -site private sewer system). The existing sewer service to the property shall be used for new sanitary facilities. New laterals shall not be connected at manholes. Resolution No. 24116 Page 14 GRADING ENG 8. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at htto://www.AQMD.aov. 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. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report. ENG 9. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI-THPO(o)aauacaliente.net to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. Resolution No. 24116 Page 15 ENG 10. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately priorto commencement of grading operations. ENG 11. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 12. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on -site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 13. A Geotechnical/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 Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan (if required) or orior to issuance of anv permit. ENG 14. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone:760-776-8208) WATER QUALITY MANAGEMENT PLAN ENG 15. This project shall 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 contaminated stormwater and non-stormwater runoff, shall 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 contaminated stormwater and Resolution No. 24116 Page 16 non-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. Such measures shall be designed and installed on -site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 16. A Final Project -Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building 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 the underground parking garage and the on -site private drive aisles. 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. ENG 17. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County -Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project -Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project -Specific WQMP include: requiring the implementation of the Final Project -Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project -Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. ENG 18. Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project - Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project -Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG 19. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the Resolution No. 24116 Page 17 adjacent streets without first intercepting and treating with approved Best Management Practices (BMPs). ENG 20. The project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. The acreage drainage fee at the present time is $ 7271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 21. 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. ENG 22. All proposed utility lines shall be installed underground. ENG 23. Upon approval of any improvement plan (if required) 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 by the City Engineer. ENG 24. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) 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. TRAFFIC ENG 25. The project is subject to any and all mitigation measures as determined by the final Traffic Study. Must be completed prior to the issuance of a Certificate of Occupancy. ENG 26. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. ENG 27. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 28. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the Resolution No. 24116 Page 18 City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control' of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. ENG 29. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS 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. FID 1 These conditions are subject to final plan check and review. Initial fire department conditions have been determined on the resubmittal plans received and dated February 23, 2016. 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 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 drawinos are reouired for this oroiect. 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 Resolution No. 24116 Page 19 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 Access During Construction (CFC 503): 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. FID 6 Required access (CFC 504.1): Exterior doors and openings required by 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. Project Notes: Show on plans — designated fire access walkway on entire north side of building between proposed structure and bocce ball court. Walkway begins at fire apparatus access road (S. Palm Canyon). FID 7 Aerial Fire Access Roads (CFC Appendix D105.1): Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. • Aerial Fire Access Road Width (CFC Appendix D105.2): Fire apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of any building or portion of building more than 30 feet in height. Resolution No. 24116 Page 20 Aerial Access Proximity to Building (CFC Appendix D105.3): At least one of the required access routes for buildings or facility exceeding 30 feet in height above the lowest level of fire department vehicle access shall be located within a minimum of 15 feet and a maximum of 30 feet from the building and shall be positioned parallel to one entire side of the building FID 8 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 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 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 Resolution No. 24116 Page 21 1555 S 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 13R 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 13R, 2013 Edition, as modified by local ordinance. FID 14 Floor Control Valves (CFC 903.3.8 & Ordinance 1781: Item 42); Floor control valves and water flow detection assemblies shall be installed at each floor in buildings three or more stories in height. Valve locations will be determined and approved by the fire code official. FID 15 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 16 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. FID 17 Fire Alarm System: Fire alarm system is required and installation shall comply with the requirements of NFPA 72, 2013 Edition. Resolution No. 24116 Page 22 FID 18 Central Station Protective Signaling Service (CFC 903.4.1): A UL listed and certified Protective Signaling Service (Central Station Service) is required. Provide the Fire Department with proof of listing and current certificate. The Fire Department shall be notified immediately of change in service. FID 19 HVAC Duct Smoke Detection/Shut Down with a Fire Sprinkler Supervision & Alarm System or Fire Alarm System (CFC 907.4.1, CIVIC 609.0 & NFPA 72): All HVAC systems supplying greater than 2,000 CFM shall require a duct detector and HVAC shut down when smoke is detected. HVAC shut down shall be on an individual basis, not global. These systems shall supervise the Duct Detectors and activate the notification appliances. An accessory module shall be installed for each unit, including alarm LED, pilot LED and key -operated test/reset switch. FID 20 Smoke Alarm or Detector Locations - R-1 Occupancy (CFC 907.2.11.1): Single or multiple -station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. FID 21 Groups R-1 and R-2.1 Accessibility Requirements (CFC 907.6.2.3.3): Group R-1 and R-2.1 dwelling units or sleeping units in accordance with Table 907.6.2.3.3 shall be provided with a visible alarm notification appliance, activated by both the in room smoke alarm and the building fire alarm system. Also comply with Section 1111 B.4.5, Table 11 B-3, and Table 11 B-4 of the California Building Code. FID 22 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 Resolution No. 24116 Page 23 area. FID 23 Elevator Stretcher Requirement (CBC 3002.4): Elevators 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 84 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. FID 24 Elevator Emergency Operation (CFC 607.1): Existing elevators with a travel distance of 25 feet or more shall comply with the requirements in Chapter 46. New elevators shall be provided with Phase I emergency recall operation and Phase II emergency in -car operation in accordance with California Code of Regulations, Title 8, Division 1, Chapter 4, Subchapter 6, Elevator Safety Orders and NFPA 72. • Elevator Keys (CFC 607.4): Keys for the elevator car doors and fire- fighter service keys shall be kept in an approved location for immediate use by the fire department. • Elevator System Shunt Trip (CFC 607.5): Where elevator hoistways or elevator machine rooms containing elevator control equipment are protected with automatic sprinklers, a means installed in accordance with NFPA 72, Section 21.4, Elevator Shutdown, shall be provided to disconnect automatically the main line power supply to the affected elevator prior to the application of water. This means shall not be self - resetting. The activation of sprinklers outside the hoistway or machine room shall not disconnect the main line power supply. • Fire Sprinklers at Bottom of Elevator Pit (NFPA 13: 8.15.5.1): Sidewall spray sprinklers shall be installed at the bottom of each elevator hoistway not more than 2 ft above the floor of the pit. • Elevator Hoistways and Machine Rooms (NFPA 13: 8.15.5.3): Automatic fire sprinklers shall be required in elevator machine rooms, elevator machinery spaces, control spaces, or hoistways of traction elevators. • Fire Sprinklers at the Top of Elevator Hoistways (NFPA 13: 8.15.5.6): The sprinkler required at the top of the elevator hoistway by 8.15.5.5 shall not be required where the hoistway for passenger elevators is noncombustible or limited -combustible and the car enclosure Resolution No 24116 Page 24 materials meet the requirements of ASME A17.1, Safety Code for Elevators and Escalators. • Elevator Recall for Fire Fighters' Service with Automatic Fire Detection (NFPA 72: 21.3.3): Unless otherwise required by the authority having jurisdiction, only the elevator lobby, elevator hoistway, and elevator machine room smoke detectors, or other automatic fire detection as permitted by 21.3.9, shall be used to recall elevators for fire fighters' service. • Exception: A water -flow switch shall be permitted to initiate elevator recall upon activation of a sprinkler installed at the bottom of the elevator hoistway (the elevator pit), provided the water -flow switch and pit sprinkler are installed on a separately valved sprinkler line dedicated solely for protecting the elevator pit, and the water -flow switch is provided without time -delay capability. • Elevator Recall with Fire Sprinkler in Elevator Pit (NFPA 72: 21.3.7): When sprinklers are installed in elevator pits, automatic fire detection shall be installed to initiate elevator recall in accordance with 2.27.3.2.1(c) of ANSI/ASME A.17.1/CSA B44, Safety Code for Elevators and Escalators, and the following shall apply: (1) Where sprinklers are located above the lowest level of recall, the fire detection device shall be located at the top of the hoistway. (2) Where sprinklers are located in the bottom of the hoistway (the pit), fire detection device(s) shall be installed in the pit in accordance with Chapter 17. • (3) Outputs to the elevator controller(s) shall comply with 21.3.14. • Elevator Systems Automatic Detection (NFPA 72: 21.3.9): If ambient conditions prohibit installation of automatic smoke detection, other automatic fire detection shall be permitted. • Detector Annunciation at the Building Fire Alarm Control Unit (NFPA 72: 21.3.10): When actuated, any detector that has initiated fire fighters' recall shall also be annunciated at the building fire alarm control unit, or other fire alarm control unit as described in 21.3.2, and at required remote annunciators. FID 25 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 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 Resolution No. 24116 Page 25 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 FID 26 "Exit Analysis Plan" required (CFC 104.7.2): Prepared, stamped and signed by a state licensed architect in '/4" = 1' scale. The floor plan shall address the following for a Group A-5 occupancy (swimming pool enclosure): • Project Note — Pool exiting has been modified from the previously approved plan. Update exit plan showing compliant egress from pool enclosure. • Project — New/updated pool enclosure exit analysis plan required END OF CONDITIONS