HomeMy WebLinkAbout23899 RESOLUTION NO. 23899
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A MAJOR
ARCHITECTURAL APPLICATION FOR A 39-ROOM HOTEL, A
CONDITIONAL USE PERMIT FOR A HIGH-RISE BUILDING, AND
A CONDITIONAL USE PERMIT FOR ACCESSORY SPA,
COCKTAIL LOUNGE/BAR USES, AND HOTEL UNITS WHERE
MORE THAN 10% OF THE UNITS HAVE KITCHEN FACILITIES
ON A 1.13-ACRE PARCEL LOCATED AT 750 NORTH PALM
CANYON DRIVE (CASE 5.1350 PDD 374/GPA/CUP/3.3795 MAJ).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:
A. 750 LOFTS, LLC, submitted applications pursuant to Palm Springs Zoning Code
Sections 94.04 (Architectural Review), Section 94.07 (Change of Zone), Section 94.03
(Planned Development District), Section 94.02 (Conditional Use Permit) and State of
California Governmental Code Sections 65350-65362 (General Plan Amendment) for a
proposed 39-unit hotel with accessory uses, to be located at 750 North Palm Canyon
Drive (APN: 505-303-018).
B. On October 6, 2014, the Architectural Advisory Committee (AAC) reviewed the
Preliminary Planned Development District application and voted 6 to 0 to recommend
approval by the Planning Commission as submitted.
C. On October 12, 2014, the Historic Site Preservation Board (HSPB) reviewed the
Preliminary Planned Development District application and voted 5 to 1 to approve the
project with conditions.
D. On December 22, 2014, the AAC reviewed the Major Architectural application
(MAJ) and voted 7 to 0 to recommend approval of the application to the Planning
Commission.
E. On January 13, 2015, the HSPB reviewed the Major Architectural application and
voted 6 to 1 to issue a Certificate of Approval for the project subject to conditions:
1. The overall project height should be reduced to approximately 34 feet (a
reduction of approximately four feet from the original submittal);
2. The elevation along Indian Canyon Drive should be reduced to two stories
and twenty (20) feet closest to the street, and allowed to step back to
higher elevations further within the site;
3. No additional rooftop structures should be permitted other than those
illustrated in the submitted plans (no umbrellas, etc.); and
4. The parking study should be reviewed by the City Engineer for adequacy
Resolution No. 23899
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of off-street parking such that the project not adversely impact the historic
district.
F. On January 22, 2015, the applicant filed an appeal of the HSPB's action of
January 13, 2015.
G. On February 4, 2015, the City Council voted 5 to 0 to uphold the appeal and
remove HSPB Conditions No. 1, No. 2, and No. 3 (Resolution No. 23757).
H. On February 25, 2015, the Planning Commission voted 7 to 0 to recommend
approval of the proposed development, subject to conditions.
I. On May 6, 2015, the City Council voted to repeal Council Resolution #23757
(appeal of HSPB action) and to refer the cases back to the Planning Commission for
hearing and recommendation to City Council.
J. On June 15, 2015, the applicant submitted a revision to the application.
K. On June 22, 2015, the Architectural Advisory Committee reviewed the revised
project, and recommended approval to the Planning Commission subject to conditions.
L. A notice of public hearing of the June 24, 2015 meeting of the Planning
Commission of the City of Palm Springs to consider revisions to Case 5.1350 PDD
374/GPA/CUP/3.3795 MAJ was given in accordance with applicable law.
M. At the meeting of June 24, 2015, the Planning Commission opened the public
hearing and took public testimony on the proposed project, and voted to continue the
matter to its meeting of July 22, 2015.
N. At the Planning Commission meeting of July 22, 2015, staff requested to
continue Case 5.1350 PDD 374/GPA/CUP/3.3795 to the August 12, 2015 meeting in
order to address comments received in conjunction with the revised application.
O. On August 12, 2015, the Planning Commission resumed the public hearing, and
after considering all evidence presented in connection with the hearing on the project,
including, but not limited to, the staff report and all written and oral testimony presented,
voted 6-0-1 (Weremiuk absent) to recommend approval of the applications to the City
Council.
P. The proposed development is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"). An initial study was prepared for the
project. The initial study concluded that all of the project's potentially significant impacts
will be less than significant with the incorporation of mitigation. On this basis, a
mitigated negative declaration was prepared.
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O. Notice of a public hearing of the City Council of the City of Palm Springs to
consider Case 5.1350 PDD 374/GPA/CUP/3.3795 MAJ was given in accordance with
applicable law.
R. On September 16, 2015, a public hearing on the application for the project was
held by the City Council in accordance with applicable law.
S. 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, and has reviewed and
considered the Initial Study and Mitigated Negative declaration as approved pursuant to
Resolution No. 23898.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby approves the Conditional Use Permit for
the cocktail lounge use, the spa use, and for hotels with kitchen facilities in more than
10% of the rooms, and consistent with the requirements of Section 94.02.00 of the Palm
Springs Zoning Code (PSZC), makes the following findings:
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 C-1 (Retail Business) zone requires conditional use approval for cocktail lounge
uses, spa uses where accessory to a hotel, and for hotels where more than 10% of the
units have kitchen facilities. The uses are generally appropriate in the C-1 zone where
impacts are mitigated.
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.
The proposed uses are consistent with the General Plan designation and are in
harmony with other existing and allowed uses within the area. However, the
unenclosed lounge area on the top floor of the building could impact adjacent properties
if outdoor entertainment is allowed. A condition of approval has been included relative
to potential noise from outdoor uses.
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.
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The site is 1.13 acres in size, and is adequate to accommodate the uses as proposed
based on the specific development plan submitted in conjunction with this application.
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.
The parcel has access from two major thoroughfares (Palm Canyon, Indian Canyon) as
designated by the General Plan Circulation Map; the capacity of both streets is
adequate to carry the traffic generated by the proposed uses. The Initial
Study/Mitigated Negative Declaration prepared for the project concludes all project-
related transportation/traffic impacts would be less than significant with mitigation
incorporated.
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.
The conditions imposed upon the project are necessary to protect the public health,
safety, and general welfare, and are intended to address any potential impacts that may
result from the proposed development. Conditions are noted in Exhibit "A."
SECTION 2. The City Council hereby approves the Conditional Use Permit for a
high-rise building, and consistent with the requirements of Section 94.02.00 of the Palm
Springs Zoning Code (PSZC), makes the following findings:
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.
PSZC Section 92.12.03(C)(1)(a) allows high-rise buildings in the C-1 (Retail Business)
Zone upon approval of a Conditional Use Permit. A high-rise building is defined as a
building or structure which exceeds 35 feet in height. While the portions of the building
fronting on Palm Canyon and Indian Canyon are less than 35 feet in height, the center
portion of the building is 48'-4" in height and is subject to the high-rise building
ordinance.
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.
The proposed development plan will assist in the redevelopment of the subject site, and
will enhance economic development efforts in the area, and is consistent with the
intensity of development allowed under the proposed CBD land use designation. The
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proposed structure has been designed so that the tallest portion of the structure is
located at the center of the site, which assists in integrating the building into the context
of existing buildings. The portions of the building fronting on the major thoroughfares
vary from 29 feet to 34 feet in height.
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.
While the application requests relief from some of the setback and open space
requirements, the site is urban in nature and the design of the structure is generally
consistent with urban development standards.
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.
The parcel has access from two major thoroughfares (Palm Canyon, Indian Canyon) as
designed by the General Plan Circulation Map; the capacity of both streets is adequate
to carry the traffic generated by the proposed uses. The Initial Study/Mitigated Negative
Declaration prepared for the project concludes all project-related transportation/traffic
impacts would be less than significant with mitigation incorporated.
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 set of conditions of approval has been proposed that are attached as Exhibit "A." The
conditions imposed upon the project are necessary to protect the public health, safety,
and general welfare, and are intended to address any potential impacts that may result
from the proposed development.
6. Pursuant to PSZC Section 93.04.00(G), the City Council may alter the provisions
of the high-rise building requirements upon a finding that the intent of the high-rise
building ordinance is met.
The design of the structure complies with the required 3:1 setback requirement along
the Palm Canyon and Indian Canyon frontages, as the building steps back in height so
that the tallest portion of the building is at the center of the site. While the building does
not fully comply with the 3:1 setback along the north and south property lines, these
portions of the building will be less visible from public rights-of-way. The minimal
setbacks from interior property lines is consistent with the Las Palmas Business Historic
District Conceptual Design Guidelines, which states that the district is characterized by
buildings which are built on the property line. Based on the foregoing, the intent of the
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high-rise building ordinance is met, and an alteration of the ordinance's setback
requirements is appropriate.
Relative to the open space requirement, the project provides an open space ratio of
48%, when including outdoor living and recreation area. The project provides separate
outdoor living space for each of the 39 guest rooms, in addition to the pool area and
outdoor seating spaces on the roof of the building. A walkway is provided through the
middle of the site to provide a mid-block pedestrian connection between Palm Canyon
and Indian Canyon, which assists in implementing the goals of the General Plan. As
open space is typically limited for urban development sites, the amount of open space
and types of amenities proposed for the development is adequate. Based on the
foregoing, the intent of the high-rise ordinance is met, and an alteration of the
ordinance's open space requirements is appropriate.
SECTION 3. Following review by the Historic Site Preservation Board (HSPB),
on June 15, 2015, the project applicant submitted revised plans that reduce the
building's overall height and massing. As compared to the proposal reviewed by the
HSPB, the revised plans reduce the height of the building on the Palm Canyon frontage
from 32'-0" to 31'-0". The height of the building at the Indian Canyon frontage has been
reduced from a range of 32'-0" to 35'-0", and now varies between 29'-3" to 34'-0" in
height.
The 4th floor event space (approximately 4,000 s.f.) has been moved toward the center
of the building, and is now located approximately 68' from the Indian Canyon Drive
property line. The event space will now feature glass walls, which will further reduce the
visual massing of the structure. The pool area has likewise been moved inward, and is
now 30' from the building's edge on Indian Canyon Drive. Further, the third story, which
was proposed for hotel rooms in the applicant's prior submittal, has been removed and
will now be utilized as a mezzanine balcony.
The City Council finds that the HSPB concerns relating to building height and massing
have been adequately addressed by the June 15, 2015 plan submittal. Additionally, the
City Council finds that the proposed development, has been sensitively designed within
the context of the Las Palmas Business Historic District, is in general conformance
within the Design Guidelines established for the Las Palmas Business Historic District.
The City Council hereby deletes Conditions No. 1, No. 2, and No. 3 of the Certificate of
Approval recommended by the HSPB at its January 13, 2015 meeting imposing a
maximum overall building height of 34 feet, a maximum building height of 20 feet as
measured at the closest setback to the Indian Canyon Drive frontage, and a limitation
on any additional shade structures on the 4th floor roof deck.
SECTION 4. The City Council hereby approves the Major Architectural
Application and, consistent with the requirements of Section 94.04.00(D) of the Palm
Springs Zoning Code (PSZC), makes the following findings:
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1. 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 generally separate and defined. The internal
sidewalk along the east/west drive aisle has been increased to six feet in width, and
provides an accessible route through the site. The site layout and orientation of the
structure generally relates well within the context of the commercial district in which it is
proposed, and the building responds to the gently sloping site by stepping the massing
of the building with the grade. A surface parking lot is partially screened from public
view by landscaping and architectural elements that could be used to feature art and
sculpture.
2. 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 historic district includes a variety of structures from various eras, including
architectural styles as diverse as Spanish revival and International Style. The proposed
structure is generally consistent with the materials and details utilized by other modern
structures in the district, while avoiding excessive variety and monotonous repetition.
Of critical importance is maintaining the alignment of the facades along the street front,
so as to provide a continuous line of active uses along the public sidewalk. Minor
revisions to the design, such as moving the plane of the first-floor fagade along the
Palm Canyon frontage to the front setback line, would provide a more harmonious
relationship with adjacent structures and eliminate the "floating" appearance of the
building due to the practice of cantilevering the second story of the building out beyond
the first floor. A condition of approval has been included to address the setback of the
first floor of the building at the Palm Canyon frontage.
3. 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.
The proposal is seeking deviations from some of the setback and open space
requirements of the high-rise ordinance. The building has been designed so that the
highest portion of the building is located at the center of the site, and utilizes glass
curtain wall construction to minimize its perceived massing. The portions of the building
adjacent to the Palm Canyon and Indian Canyon frontages are lower in height than the
central portion of the building as a means to reduce the massing of the building when
viewed from adjacent rights-of-way. The facade along the Indian Canyon frontage has
been divided into three separate massing elements as a means to further reduce the
apparent scale of the building. A condition of approval has been included to require
adequate screening of any mechanical equipment.
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4. Building design, materials and colors to be sympathetic with desert surroundings.
The principal exterior materials used on the building include "fair-faced" (architectural
finish) concrete, powder-coated aluminum framing, and glass curtain walls. Fabric
curtains will be used at the balconies of the two-story hotel units for sun control and
privacy. The materials and colors are generally appropriate to the desert surroundings;
however, the glass curtain wall system would benefit from additional shading, and
reflective glazing is discouraged due to the impact that would result to adjacent
properties.
5. Harmony of materials, colors and composition of those elements of a structure,
including overhangs, roofs, and substructures which are visible simultaneously.
The project is proposed in neutral colors and finishes and is generally harmonious in its
composition. The use of architectural concrete as a finish element provides consistency
in the exterior treatment of walls and overhangs which are visible simultaneously.
6. Consistency of composition and treatment.
Proposed building elevations include a variety of building volumes, massing, setbacks,
solids and voids, and material treatment. Overall, the design of the project is consistent
in its composition and detailing.
7. 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.
The landscape plan proposes a variety of plant material and has established a hierarchy
of plant materials from low shrubs, medium height shade trees, and taller fan palms that
relate to both the pedestrian scale at the street level as well as to the taller elements of
the project design.
8. Signs and graphics, as understood in architectural design including materials and
colors.
Signs and graphics for the development will be considered under a separate
application.
SECTION 5. The City Council hereby approves Case 5.1350 PDD
374/GPA/CUP/3.3795 MAJ, subject to conditions of approval outlined in Exhibit "A"
(attached).
Resolution No. 23899
Page 9
ADOPTED THIS 16T" DAY OF SEPTEMBER, 2015.
David H. Ready, C nager
ATTEST:
ames 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, California, do
hereby certify that Resolution No. 23899 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 16th
day of September, 2015, by the following vote:
AYES: Councilmember Mills, Mayor Pro Tern Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat, and Councilmember Hutcheson.
ABSTAIN: None.
es Thompson, City Clerk
ity of Palm Springs, California
�pl L6/ZorS
RESOLUTION NO. 23899
EXHIBIT "A"
Case 5.1350 PDD 374/GPA/CUP/3.3795 MAJ
750 LOFTS"
750 North Palm Canyon Drive
(September 16, 2015)
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
5.1350 PDD 374 / GPA / CUP / CASE 3.3795 MAJ; except as modified with
the approved Mitigation Monitoring Program and the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped August 5, 2015, 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.
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
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officers concerning Case 5.1350 PDD 374 / GPA / CUP / Case 3.3795 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 Repair. 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 Approval. Approval of the (Planned Development District
(PDD) and Major Architectural Applications (MAJ) 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.
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 has remained in compliance with
all conditions of approval, does not have a time limit.
ADM 8. 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.
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ADM 9. 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 10. Maintenance of Outdoor Seating/Dining. Daily cleaning and wash down of
sidewalks for any outdoor seating areas or patios will be required. Contact
Parks & Recreation at (760) 323-8281 for information regarding the proper
method of cleaning of sidewalks and pavers within the public rights-of-way.
ADM 11. 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 12. 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 13. 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 CUP / PDD may result in revocation or revision of
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the Conditional Use Permit/PDD 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
(2) That noise level limit as determined from the table in this
subsection:
Zone Time Sound Level (A-weighted) Decibels
Residential 7 a.m. to 6 p.m. 60
High Density 6 p.m. to 10 p.m. 55
10 p.m. to 7 a.m. 50
7 a.m. to 6 p.m. 60
Commercial 6 p.m. to 10 p.m. 55
10 p.m. to 7 a.m. 50
ADM 14. Seating Count. The applicant shall be limited to the total number of seats as
follows:
a. First Floor Restaurant facing Palm Canyon Drive: a maximum of
ninety-seven (97) seats (including bar area seating) and sixteen (16) seats
outdoors.
b. Cocktail lounge/bar facing Indian Canyon Drive: thirty-nine (39)
seats inside, none shown outside.
G. Rooftop cocktail lounge/bar: twenty (20) seats. This does not
include the lounge chairs and around the pool deck.
Any deviation from these numbers shall require prior approval by the
Director of Planning by means of an amendment to the Use Permit
associated with each use. The applicant shall maintain the minimum
clearance as specified by the Fire Department between the entrances and
the outdoor tables and chairs. This includes games, pool tables, and
other amenities
ADM 15. Land Use Permit required for Outdoor Dining at the first floor restaurant. Any
outdoor dining proposed as part of the restaurant use associated with this
PDD shall require approval by the Director of Planning Services of a Land
Use Permit prior to the establishment of the outdoor dining.
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ADM 16. Land Use Permit required for Rooftop Bar. The rooftop bar associated with
this PDD shall require approval by the Director of Planning Services of a Land
Use Permit prior to establishment of the bar use.
ADM 17. Land Use Permit required for the first floor Cocktail Lounge / Bar. The first
floor cocktail lounge / bar shall require approval by the Director of Planning
Services of a Land Use Permit prior to establishment of the use.
ADM 18. Conditional Use Permit: The project approval is for separate CUP's for the
following specific uses:
a. CUP approval for the hotel use in which more than 10% of the
rooms have kitchens / cooking facilities.
b. CUP approval for the spa / salon use. This acknowledges the spa
/ salon use established for the use of hotel guests. If the operator of the
spa/salon wishes to serve patrons other than hotel guests, the CUP would
need to be amended to identify provision for additional parking.
C. CUP approval for Cocktail Lounge / Bar Use — First floor bar /
lounge.
d. CUP approval for Cocktail Lounge / Bar Use — Rooftop / poolside
bar/ lounge.
The applicant shall provide a copy of this Conditional Use Permit to all buyers
and potential buyers.
ADM 19. Contingent Approvals: Approval of the Conditional Use Permit application
and Major Architectural Application are contingent upon certification of the
CEQA documentation and approval of all associated project applications by
the City Council.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. 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
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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.dfq.ca.gov for more information.
ENV 3. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply.
ENV 4. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
ENV 6. a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record search
results and site records/updates shall be forwarded to the Tribal Planning,
Building, and Engineering Department and one copy to the City Planning
Department prior to final inspection.
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. 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.
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. 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
Drive and/or Tahquitz Canyon Way median. (for projects on Palm Canyon or
Tahquitz Canyon Way).
PLN 5. 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 building permits.
PLN 6. 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 7. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
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PLN 8. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance. Plans for the mechanical equipment screening shall be provided
upon application for Final Development Plan approval.
PLN 9. 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 10. 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 11. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 12. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 13. No off-site Parking. 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.
PLN 14. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and commercial/retail patrons
and owners. Location and design shall be approved by the Director of
Planning.
PLN 15. Parking Study. Final approval on the determination of the adequacy of off-
street parking based upon the submitted parking study is subject to review by
the City Engineer.
PLN 16. Permitted Uses and Development Standards. As approved within the PDD in
lieu of a zone change to include:
a. 39-room hotel with kitchens and cooking facilities in all hotel units.
b. A restaurant; outdoor dining subject to approval by the Planning Director
of a separate Land Use Permit.
c. A rooftop cocktail lounge / bar subject to approval by the Planning Director
of a separate Land Use Permit.
d. A first floor cocktail lounge / bar subject to approval by the Planning
Director of a separate Land Use Permit.
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e. A spa for hotel guests only. (if the spa use is changed to be open to the
public, a minor amendment to the PDD/CUP to provide adequate off-street
parking shall be reviewed and approved by the Planning Commission).
Any outdoor programming associated with the spa use involving the use of
a sound amplification system shall require approval by the Planning
Director of a Land Use Permit identifying the parameters of such use and
the means for controlling or attenuating any nuisance noise caused by
such use.
f. Commercial/Retail uses.
g. All other uses as denoted in the Palm Springs Zoning Code Section
92.12.01 (Uses permitted in the C-1 zone), 92.12.02 (Uses prohibited in
the C-1 zone) in accordance with the development standards as outlined
in Section 92.12.03 (Development Standards in the C-1 zone) as
amended or modified herein.
PLN 17. Sound Attenuation Plan for Rooftop Bar. The applicant shall submit to the
City Planning Department an acoustical study or report and associated
drawings, details or other documentation to substantiate the adequacy of the
perimeter walls, solid railings or other physical devices, barriers or surface
characteristics necessary to control or mitigate the potential for the
transmission of nuisance noise generated from the rooftop bar.
PLN 18. Photovoltaic Panels. Provide photovoltaic panels in the general locations
shown on the roof plan as part of the public benefits for this project.
PLN 19. Validated Valet Parking Service Required. The applicant shall provide a
"validated" valet parking service at the site and shall provide a site plan to the
City Planning Department demonstrating the maximum additional parking
spaces that could be accommodated in the drive aisles of the parking lot by
using the valet parking service. Project currently proposes 74 standard and
compact parking spaces and 34 valet parking spaces stacked in or adjacent
to the drive aisles in the parking lot.
PLN 20. Eliminate curtains at hotel unit balconies. Alternative devices for solar/ heat
gain / privacy control shall be proposed by the applicant that are more durable
and resistant to blowing, tears, or deterioration.
PLN 21. Service Gate at dumpsters. Provide minimum 4 foot wide lockable security
gates at the north side service alley for movement of trash dumpsters, ease of
access for emergency personnel and to limit access to this area. A detailed
study for trash removal shall be provided upon submittal of the Final
Development Plan application.
PLN 22. Finished Ceilings/Soffits at first floor ceiling. Provide soffits and concealment
of sewer pipes, drains, water, gas, electrical, and other conduit and ductwork
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for a fully finished surface at the outdoor covered areas, the primary through-
site drive aisle and parking.
PLN 23. Provide Code-Required ADA parking including Van Accessible spaces
Provide at least one (1) of the ADA parking spaces to be van accessible
pursuant to the Zoning Code Section 93.06.
PLN 24. Art Nooks to AAC. Submit final design plans for the art walk nooks along
Indian Canyon Drive to the Planning Department for review and
recommendation by the AAC prior to issuance of building permits.
PLN 25. Identify all proposed cabanas, shade structures at the roof deck that will be
visible from the adiacent streets. Provide plans and/or vendor "cut sheets" for
cabanas, shade structures or other devices proposed to be located at the
pool deck that may be visible from grade.
PLN 26. On-street loading. The applicant work with the Public Works & Engineering
Department to designate an on-street parking space adjacent to the
development site for limited-term loading and unloading. The space shall be
available for loading and unloading only during off-peak hours, and shall be
available for parking by the general public during the rest of the day.
PLN 27. Reflective Glazing Prohibited. All glazing for the development, including the
glass curtain wall elements, shall be non-reflective so as to avoid glare and
impacts to adjacent properties. Shading devices shall be added as an
integral element of the glass curtain wall design, and a shading study shall be
reviewed and approved as part of the Final Development Plan application.
PLN 28. Condominium Conversion Prohibited. Conversion of the property to
residential condominium uses shall be prohibited.
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
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APPLICATION FOR APPROVAL OF A COMMERCIAL HOTEL LOCATED AT
750 NORTH PALM CANYON DRIVE, (APN 505-303-018), SECTION 10,
TOWNSHIP 4 S, RANGE 4 E, S.B.M., CASE NO. 3.3795, PD 5.1350, ENG.
FILE NO. 4042.
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.
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.
INDIAN CANYON DRIVE
ENG 2. Remove the existing driveway approach and replace with an 8"curb,
gutter and sidewalk to match existing in accordance with City of Palm
Springs Standard Drawing No. 200, 201, and 210.
ENG 3. Construct a new 24 feet wide driveway approach in accordance with
City of Palm Springs Standard Drawing No. 201.
ENG 4. Construct a raised and landscaped median island extending from
Tamarisk Road to Granvia Valmonte. Provide left turn pockets
designed in accordance with Section 405 of the current edition of the
Caltrans Highway Design Manual, as approved by the City Engineer.
ENG 5. Submit landscaping and irrigation system improvement plans for review
and approval by the City Engineer. The irrigation system shall be
separately metered, for future use by the City upon acceptance of the
median landscaping by the City Engineer. The plans shall be approved
in conjunction with the street improvement plans for the median and
prior to issuance of a building permit, unless otherwise allowed by the
City Engineer.
ENG 6. All median landscaping shall be guaranteed for a period of one year
from the date of acceptance by the City Engineer. Any landscaping that
fails during the one year landscape maintenance period shall be
replaced with similar plant material to the satisfaction of the City
Engineer, and shall be subject to a subsequent one year landscape
maintenance period.
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ENG 7. The proposed pedestrian crossing at Via Altamira is subject to further
review by the City Engineer given its proximity to existing pedestrian
crossings at Granvia Valmonte and Tamarisk Road.
ENG 8. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
PALM CANYON DRIVE
ENG 9. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
ON-SITE
ENG 10. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal
laws. An accessible path of travel shall be constructed of Portland
cement concrete, unless alternative materials meeting state and federal
accessibility standards is approved by the City Engineer.
SANITARY SEWER
ENG 11. All sanitary facilities shall be connected to the public sewer system.
New laterals shall not be connected at manholes.
GRADING
ENG 12. 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 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
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on the Coachella Valley Fugitive Dust Control Handbook and related
"PM10" Dust Control issues, please contact AQMD at (909) 396-3752,
or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Grading plan.
The 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 13. 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. The applicant shall contact
the Tribal Historic Preservation Officer or the Tribal Archaeologist at
(760) 699-6800, 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.
ENG 14. 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 prior to commencement of
grading operations.
ENG 15. 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 16. 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.
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ENG 17. A Notice of Intent (NOI) to comply with the California General
Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ
as modified September 2, 2009) is required for the proposed
development via the California Regional Water Quality Control Board
online SMARTS system. A copy of the executed letter issuing a Waste
Discharge Identification (WDID) number shall be provided to the City
Engineer prior to issuance of a grading or building permit.
ENG 18. This project requires preparation and implementation of a stormwater
pollution prevention plan (SWPPP). As of September 4, 2012, all
SWPPPs shall include a post-construction management plan (including
Best Management Practices) in accordance with the current
Construction General Permit. Where applicable, the approved final
project-specific Water Quality Management Plan shall be incorporated
by reference or attached to the SWPPP as the Post-Construction
Management Plan. A copy of the up-to-date SWPPP shall be kept at
the project site and be available for review upon request.
ENG 19. In accordance with City of Palm Springs Municipal Code, Section
8.50.022 (h), the applicant shall post with the City a cash bond of two
thousand dollars ($2,000.00) per disturbed acre (if there is disturbance
of 5,000 square feet or more) at the time of issuance of grading permit
for mitigation measures for erosion/blowsand relating to this property
and development.
ENG 20. 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 and preliminary
WQMP.
ENG 21. 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
15
ENG 22. 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 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 23. 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 24. 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 25. Prior to issuance of certificate of occupancy or final City approvals, the
applicant shall: (a) demonstrate that all structural BMP's have been
16
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 26. Direct release of on-site nuisance water or stormwater runoff shall not
be permitted to Palm Canyon Drive or Indian Canyon Drive. Provisions
for the interception of nuisance water from entering adjacent public
streets from the project site shall be provided through the use of a minor
storm drain system that collects and conveys nuisance water to
landscape or parkway areas, and in only a stormwater runoff condition,
pass runoff directly to the streets through parkway or under sidewalk
drains.
ENG 27. The applicant shall accept and convey all stormwater runoff across the
property and conduct the runoff to an approved drainage structure.
ENG 28. 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 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.
GENERAL
ENG 29. 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
17
Standard Drawing No. 115. The developer shall be responsible for
removing, grinding, paving and/or overlaying existing asphalt concrete
pavement of off-site streets as required by and at the discretion of the
City Engineer, including additional pavement repairs to pavement
repairs made by utility companies for utilities installed for the benefit of
the proposed development (i.e. Desert Water Agency, Southern
California Edison, Southern California Gas Company, Time Warner,
Verizon, Mission Springs Water District, etc.). Multiple excavations,
trenches, and other street cuts within existing asphalt concrete
pavement of off-site streets required by the proposed development may
require complete grinding and asphalt concrete overlay of the affected
off-site streets, at the discretion of the City Engineer. The pavement
condition of the existing off-site streets shall be returned to a condition
equal to or better than existed prior to construction of the proposed
development.
ENG 30. All proposed utility lines shall be installed underground.
ENG 31. All existing utilities shall be shown on the improvement plans if required
for the project. The existing and proposed service laterals shall be
shown from the main line to the property line.
ENG 32. 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 33. 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.
ENG 34. Nothing shall be constructed or planted in the corner cut-off area of any
(intersection or) driveway which does or will exceed the height required
to maintain an appropriate sight distance per City of Palm Springs
Zoning Code Section 93.02.00, D.
TRAFFIC
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ENG 35. A minimum of 48 inches of clearance for accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the
development.
ENG 36. 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 37, Submit traffic striping and signage plans associated with the proposed
raised median island within Indian Canyon Drive, prepared by a
California registered civil engineer, for review and approval by the City
Engineer. All required traffic striping and signage improvements shall be
completed in conjunction with required street improvements, to the
satisfaction of the City Engineer, and prior to issuance of a certificate of
occupancy.
ENG 38. Construction signing, lighting and barricading shall be provided during
all phases of construction as required by City Standards or as directed
by the City Engineer. As a minimum, all construction signing, lighting
and barricading shall be in accordance with Part 6 'Temporary Traffic
Control' of the California Manual on Uniform Traffic Control Devices
(MUTCD), dated November 7, 2014, or subsequent editions in force at
the time of construction.
ENG 39. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
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 June 15, 2015, and updated on August 5, 2015.
Additional requirements will 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. Four (4) 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.
FID 3 Plans and Permits (CFC 105.1):
Permits and scaled drawings are required for this proiect. Plan reviews can
take up to 20 working days. Submit a minimum of four (4) sets of drawings
19
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 (four sets). All system
materials shall be UL listed or FM approved for fire protection service and
approved by the Fire Prevention Bureau prior to installation.
FID 4 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 5 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.
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FID 6 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 7 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
750 N PALM CANYON
[Designate Buildings Served]
FID 8 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 9 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 10 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 11 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
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accordance with NFPA standard 13R, 2013 Edition, as modified by local
ordinance.
FID 12 Standpipe Systems Required (CFC 905.3): Class I Standpipe system is
required in addition to the automatic sprinkler system. Standpipe systems
shall be installed where required by Sections 905.3.1 through 905.3,10.1
and in the locations indicated in Sections 905.4, 905.5 and 905.6.
Standpipe systems are allowed to be combined with automatic sprinkler
systems.
FID 13 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 14 Fire Sprinkler Supervision and Alarms System (CFC 903.4/4.1): 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 15 Fire Alarm System: Fire alarm system is required and installation shall
comply with the requirements of NFPA 72, 2013 Edition.
FID 16 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 17 HVAC Duct Smoke Detection/Shut Down with a Fire Sprinkler
Supervision & Alarm System or Fire Alarm System (CFC 907.4.1, CMC
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 18 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:
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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 19 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 20 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 21 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 22 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,
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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 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):
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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 23 Palm Springs Fire Department Radio Communications. Features and
Requirements (CFC 510.4.3): All new buildings, four stories in height or
taller and all subterranean levels of parking structures or existing altered
buildings over 20% shall meet the City of Palm Springs Public Safety Radio
System Coverage Specifications as stated in Chapter 11 .03 of the Palm
Springs Municipal Code.
FID 24 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
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 25 Safety and Evacuation Plans (CFC 404.2): An approved fire safety and
evacuation plan shall be prepared and maintained for the following
occupancies and buildings.
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• Group A, other than Group A occupancies used exclusively for purposes
of religious worship that have an occupant load less than 2,000.
• Group R-1.
FID 26 "Exit Analysis Plan" required (CFC 104.7.2): Prepared, stamped and
signed by a state licensed architect in Y<" = 1' scale. The floor plan shall
address the following for a Group A-2 occupancy:
• Provide net occupant load calculations for interior (restaurant & bar) 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-10BC).
• Project Note — Provide exit analysis plans for all assembly areas
including pool enclosurers.
END OF CONDITIONS