HomeMy WebLinkAbout23375 RESOLUTION NO. 23375
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A
PRELIMINARY AND FINAL PLANNED DEVELOPMENT
DISTRICT IN LIEU OF A CHANGE OF ZONE, SEEKING
TO ADD ASSISTED LIVING FACILITY USES WITH A
DENSITY OF 40 PATIENT BEDS, AND DETERMINING
THIS PROJECT IS CATEGORICALLY EXEMPT UNDER
CEQA SECTION 15301 ON A ROUGHLY 1-1-ACRE
PARCEL AT 2150 NORTH PALM CANYON DRIVE (CASE
5.1293 PDD 362. (APN'S 504-270-009).
WHEREAS, Joshua Levy, "applicant", has filed an application with the City
pursuant to Sections 94.02.00 (Conditional Use Permit) and 94.07.00 (Planned
Development District in lieu of a change of zone) of the Zoning Code requesting
approval of a Planned Development District (PDD) in lieu of a change of zone seeking
to add assisted living facility uses with a density of 40 patient beds on a roughly 1.1-
acre parcel at 2150 North Palm Canyon Drive, zone C-1/R-2 Resort Combining Zone
overlay; and
WHEREAS, a notice of public hearing for Case 5.1293 PDD 362 CUP was given
in accordance with applicable law; and
WHEREAS, on April 24, 2013, a public meeting of the Planning Commission on
Case 5.1293 PDD 362 CUP was held by the Planning Commission in accordance with
applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the
guidelines of the California Environmental Quality Act ("CEQA") and has been
determined to be Categorically Exempt under CEQA Section 15301 "Existing Facilities";
and
WHEREAS, at said meeting, the Planning Commission carefully reviewed and
considered all of the 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, and voted to approve the preliminary and final PDD in lieu of a Change of
Zone and the Conditional Use Permit and recommend its approval of Case 5.1293 PDD
362 by the City Council; and
WHEREAS a notice of public hearing of the City Council for Case 5.1293 PDD
362 was given in accordance with applicable law; and
WHEREAS, on June 19, 2013, a public meeting on Case 5.1293 PDD 362 was
held by the City Council in accordance with applicable law; and
Resolution No. 23375
Page 2
WHEREAS at said meeting the City Council carefully reviewed and considered
all of the 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, and
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1: Pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the project is determined to be Categorically Exempt under CEQA Section
15301 ("Existing Facilities").
SECTION 2: Findings for the Planned Development District in lieu of Change
Zone. Pursuant to PSZC Section 94.07.00 (Planned Development District in lieu of
change of zone), the City Council finds as follows:
1. The proposed change of zone is in conformity with the general plan
map and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure set
forth in the State Planning Law either prior to the zone change, or notice may
be given and hearings held on such general plan amendment concurrently
with notice and hearings on the proposed change of zone.
The General Plan land use designation for this parcel is mixed use / multi use. This
designation is intended to encourage development of commercial uses, such as
community-serving retail, professional offices, service businesses, restaurants, day care
centers and residential uses at a density of 15 du/ac, or 30 du/ac with approval of a
PDD. The proposed PDD in this project is to establish the density for an assisted living
facility at 40 patient beds in a former 24-room hotel. The project as proposed is
consistent with the General Plan and is consistent with the Zoning Code with approval
of the PDD.
2. The subject property is suitable for the uses permitted in the proposed
zone, in terms of access, size of parcel, relationship to similar or related
uses, and other considerations deemed relevant by the commission and
council.
The subject parcel is located in an area of both vacant and developed parcels.
Existing development in the vicinity includes a night club, restaurants, small hotels,
apartment buildings, and various small commercial buildings. To the north at
Racquet Club Road and North Palm Canyon is an existing neighborhood shopping
center (111 Center). The subject parcel is developed with an existing vacant 24-
room hotel, pool, landscaping and parking lot. The lot is currently with split zoning;
having C-1 in the front and R-2 in the back roughly half of the parcel. Assisted living
facilities are permitted with a CUP in multi-family residential zones. The General
Plan encourages mid-block residential in commercial areas such as this. The
project relates well to the area in which it is located in terms of vehicular access
Resolution No. 23375
Page 3
from Zanjero Road and with the mix of commercial and residential uses in the
vicinity. The City Council has concluded that the property is suitable for the uses
proposed in the PDD.
3. The proposed change of zone is necessary and proper at this time,
and is not likely to be detrimental to the adjacent property or residents.
The proposed PDD is necessary to facilitate approval of an assisted living facility use in
an existing obsolete 24-room hotel. It is a relatively quiet use and believed to be of
insignificant impact to adjacent developed parcels and future developments. As
commercial uses develop along this segment of Palm Canyon Drive in the future,
providing commercial amenities in a walkable distance to the proposed assisted living
facility would be an asset for residents living at the subject site. Conversely, permitting
residential in walkable proximity to commercial areas reduces vehicular trips, and the
related traffic and emissions.
SECTION 3: Pursuant to City Council Policy on Public Benefit associated with
Planned Development Districts dated September 18, 2008, the Planning Commission
has considered the proposed public benefits listed below and believes they are
proportionate to the degree of deviations in the underlying development standards
being sought by the applicant:
The applicant is seeking the following adjustments in the underlying develop standards
with the PDD:
• Change the split zoning to one PDD in lieu of a zone change, adding assisted
living facilities as a permitted use with a CUP within the PDD.
• Increase the density pursuant to and consistent with the General Plan Mixed-
use/Multi-use land use designation, and the General Plan methodology for
calculating density for assisted living facilities.
• Establish the existing built conditions as conforming under the PDD. (The
following existing "legal non-conforming" conditions could be deemed
"conforming" with approval of the PDD):
o Reduction in usable open space (from 50% to 37%),
o reduced sided yard setbacks from 13 feet to 10 feet,
o reduced minimum lot width (from 130 to 100 feet)
The applicant proposes the following public benefits:
• The project itself; providing a specialized type of housing (assisted living).
• The project itself; in terms of blight removal and rehabilitation of a vacant
building.
• Sustainability features; improved energy efficiency for an existing building by
using high efficiency windows, doors, air conditioning units, hot water heaters,
and a new insulated foam roof. (The building will also be wired to install future
photo-voltaic panels).
Resolution No. 23375
Page 4
The City Council has determined that the degree of relief sought by the applicant is
minimal and that the proposed public benefit is proportionate with the deviations being
sought with the PDD.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves Case 5.1293 PDD 362 a preliminary and final Planned
Development District (PDD) in lieu of a Change of Zone establishing the density of 40-
patient beds for an assisted living facilities use within in the PD at a 1.1 acre site
located at 2150 North Palm Canyon Drive, subject to the attached Conditions of
Approval.
ADOPTED THIS 191h DAY OF JUNE, 2013.
ATTEST: David H. Ready, City ager
es 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. 23375 is a full, true, and correct copy, and was
adopted at a regular meeting of the City Council held on June 19, 2013, by the following
vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin,
Mayor Pro Tem Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California 07/15'V J 5
RESOLUTION NO. 23375
EXHIBIT A
Case 5.1293 PDD 362 CUP
2150 North Palm Canyon Drive
June 19, 2013
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
5.1293 PDD 362 CUP; and as follows:
a. The project is a 40-bed maximum non-medical assisted living facility in an
existing 24-room hotel that will be comprehensively renovated and upgraded.
b. The project is required to maintain 24 off-street parking spaces and bicycle
parking.
c. Primary Care Residents of the facility shall be limited in age from 65 years or
older. Spouses and/or life partners shall be permitted to live in the same unit
as the primary care resident regardless of age.
d. The facility shall maintain an open door policy for community members who
may wish to volunteer including high school age students who participate in
the "adopt-a-grandparent' program.
e. The facility shall maintain their appropriate state license(s) with the California
Department of Social Services Community Care Licensing, covering three
categories of clients (Ambulatory, Non ambulatory and Bedridden.)
f. The facility shall provide transportation for off-site outings, appointments and
social events and provide a diverse offering of activities on site as well.
g. The facility may offer long-term residency for its occupants and a full range of
assistance services. For example, a resident may be fully ambulatory
needing little assistance with daily activities of living, but may continue to
t
reside in the facility, selecting increasing amounts of assistance and care as
needed throughout the remainder of their life without having to move to other
unfamiliar or off-site quarters. The care and assistance services available
include "end-of-life" hospice care.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped December 13, 2012,
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning.
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
officers concerning Case 5.1293 PDD 362 CUP. 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
2
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) 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. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 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
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. 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).
3
ADM 11. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 22. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 23. Conditional Use Permit Availability. The applicant shall provide a copy of this
Conditional Use Permit to all buyers and potential buyers.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) NOT required.
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of$64 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
ENV 3. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 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
4
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. _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.
5
PLN 4. 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 5. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 6. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 7. 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 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 10. 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 11. 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.
(The following three conditions were added by the Planning Commission):
PLN 12. Misting System. The applicant shall install a misting system in the
common areas in the courtyard for added resident comfort outdoors.
PLN 13. Noise Disclosure. The applicant shall make available to all residents a
written noise disclosure advising of the presence of a night club in the
adjacent building and the potential for noise disturbances during the
night-time hours.
PLN 14. Open Showers The applicant shall make all showers open and fully
accessible to residents.
6
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, and
the project site shall meet all requirements related to accessibility, subject to
the review and approval of the City's Building and Safety Official.
ENGINEERING DEPARTMENT CONDITIONS
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.
ENG 2. Applicant shall obtain State permits and approval of plans for any work done on
State Highway 111. A copy of an approved Caltrans encroachment permit shall be
provided to the City Engineer prior to the issuance of any grading or building
permits if there is any work being done in the public right-of-way on State Highway
111.
N. PALM CANYON DRIVE
ENG 3. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
ZANJERO 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 (such as drive aisles,
parking spaces, etc.) 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
7
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. All sanitary facilities shall be connected to the public sewer system. The existing
sewer service in Zanjero Road, to the property shall be used for this project if
possible. New laterals shall not be connected at manholes.
GRADING
ENG 7. 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 has 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 htta://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.
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;
and a copy of Soils Report.
ENG 8. Prior to approval of a Grading Plan or issuance of any 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
8
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 9. In accordance with an approved PM-10 Dust Control Plan, temporary dust control
perimeter fencing shall be installed if disturbing 5,000 square feet of ground
surface or more. 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 10. Temporary dust control perimeter fence screening (if required) 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 11. 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 12. Contact Desert Water Agency at (760) 3234971 Ext. 146 to determine impacts to
any existing Whitewater Mutual Water Company water lines and other facilities that
may be located within the property if any. Make appropriate arrangements to
protect in place or relocate any facilities that are impacted by the development. A
letter of approval for relocated or adjusted facilities from Desert Water Agency shall
be submitted to the Engineering Division prior to approval of the Grading Plan.
ENG 13. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 14. 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 15. 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. A copy of the up-to-date
SWPPP shall be kept at the project site and be available for review upon request.
9
ENG 16. 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 at the time of issuance of grading permit for mitigation
measures for erosion/blowsand relating to this property and development, if 5,000
square feet or more of ground surface is being disturbed..
ENG 17. 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.
ENG 18. The applicant shall provide all necessary geotechnical/soils inspections and testing
in accordance with the Geotechnical/Soils Report prepared for the project. All
backfill, compaction, and other earthwork shown on the approved grading plan
shall be certified by a California registered geotechnical or civil engineer, certifying
that all grading was performed in accordance with the Geotechnical/Soils Report
prepared for the project. Documentation of all compaction and other soils testing
are to be provided even though there may not be a grading plan for the project. No
certificate of occupancy will be issued until the required certification is provided to
the City Engineer.
ENG 19. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan, to the Engineering Division prior to
construction of any building foundation.
ENG 20. 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. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
ENG 21. 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
10
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) if required for the
development.
ENG 22. 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 adjacent streets
without first intercepting and treating with approved Best Management Practices
(BMP's).
GENERAL
ENG 23. Any utility trenches or other excavations within existing asphalt concrete pavement
of off-site streets required by the proposed development shall be backfilled and
repaired in accordance with City of Palm Springs Standard Drawing No. 115. The
developer shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off-site streets as required by and at the
discretion of the City Engineer, including additional pavement repairs to pavement
repairs made by utility companies for utilities installed for the benefit of the
proposed development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Verizon, etc.). Multiple
excavations, trenches, and other street cuts within existing asphalt concrete
pavement of off-site streets required by the proposed development may require
complete grinding and asphalt concrete overlay of the affected off-site streets, at
the discretion of the City Engineer. The pavement condition of the existing off-site
streets shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 24. All proposed utility lines shall be installed underground.
ENG 25. The applicant shall submit a letter to the City from Southern California Edison
stating that the existing overhead power lines crossing over the east end of the
north building on the site, is acceptable as it exists.
ENG 26. 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 27. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD
2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data
11
to be submitted to the City may be authorized, upon prior approval by the City
Engineer.
ENG 28. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-built'
information and returned to the Engineering Division prior to issuance of a final
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
ENG 29. Nothing shall be constructed or planted in the corner cut-off area of any 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.
ENG 30. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb on Zanjero Road shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No. 904.
TRAFFIC
ENG 31. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
ENG 32. 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 33. 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 for Streets and Highways, dated January 13, 2012, or subsequent
editions in force at the time of construction.
ENG 34. 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. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters.
Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5".
12
FID 2. 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.
FID 3. Location of Knox boxes: A Knox box shall be installed at every locked
gate. Boxes shall be mounted at 5 feet above grade. Show location of boxes
on plan elevation views. Show requirement in plan notes.
FID 4. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be
installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet
of floor or grade travel distance for normal hazards. Portable fire
extinguishers shall not be obstructed or obscured from view. Portable fire
extinguishers shall be installed so that the top is not more than 5 feet above
the floor.
FID 5. Interior Finish, Decorative Materials and Furnishings (CFC 801.1): The
provisions of this chapter shall govern interior finish, interior trim, furniture,
furnishings, decorative materials and decorative vegetation in buildings.
Section 803 shall be applicable to existing buildings. Sections 804 through
808 shall be applicable to new and existing buildings.
FID 6. Fire Sprinklers Required (CFC 903.2.8): An automatic fire sprinkler system
is required. Only a C-16 licensed fire sprinkler contractor shall perform
system design and installation. The contractor should submit fire sprinkler
plans as soon as possible. No portion of the fire sprinkler system may be
installed prior to plan approval.
FID 7. Balconies and Decks (903.3.1.2.1). Sprinkler protection shall be provided for
exterior balconies, decks and ground floor patios of dwelling units where the
building is of Type V construction. Sidewall sprinklers that are used to protect
such areas shall be permitted to be located such that their deflectors are
within 1 inch (25 mm) to 6 inches (152 mm) below the structural members
and a maximum distance of 14 inches (356 mm) below the deck of the
exterior balconies and decks that are constructed of open wood joist
construction.
FID 8. Audible Water Flow Alarms (CFC 903.4.2 & Appendix K: 4.3): An
approved audible sprinkler flow alarm (Wheelock horn/strobe with WBB back
13
box or equal) shall be provided on the exterior of the building in an approved
location. The horn/strobe shall be outdoor rated. A second horn/strobe shall
be installed in the interior of the building in a normally occupied location. In
multiple suite buildings, additional interior horn/strobes shall be installed in all
suites with 50 or more occupant load. Power shall be provided from a fire
alarm control unit.
FID 9. Valve and Water-Flow Monitoring (CFC 903.4): All valves controlling the
fire sprinkler system water supply, and all water-flow switches, shall be
electrically monitored. All control valves shall be locked in the open position.
Valve and water-flow alarm and trouble signals shall be distinctly different and
shall be automatically transmitted to an approved central station.
FID 10. Audible Residential Water Flow Alarms (CFC 903.4.2): An approved
audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with
WBB back box or equal) shall be provided on the exterior of the building in an
approved location. The horn/strobe shall be outdoor rated.
FID 11. 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.
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. Fire Alarm System (CFC 907.2.10): Fire alarm system is required and
installation shall comply with the requirements of NFPA 72, current Edition.
END OF CONDITIONS
14