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HomeMy WebLinkAbout23251 RESOLUTION NO. 23251 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PDD 341 (AMND B); A MAJOR AMENDMENT TO PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341 ESTABLISHING THE PDD AS A PDD IN LIEU OF A CHANGE OF ZONE FROM REO TO PD 341, APPROVING PDD 341 (AMND B) AND AMENDED TENTATIVE PARCEL MAP 35989 FOR THE SUBDIVISION INTO THREE LOTS AND DEVELOPMENT OF AN ASSISTED LIVING FACILITY AND THREE COMMERCIAL BUILDINGS ON APPROXIMATELY 10 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE CASE 5.1160). WHEREAS, Vivante Palm Springs, LLC. (the "Applicant') has filed an application with the City pursuant to Section 94.03.00 (Planned Development District) and 94.07.00 (Map Change / Change of Zone) of the Palm Springs Zoning Code, for a major amendment to Planned Development District No. 341, for a project to be known as "Vivante", a 132-unit assisted living facility within a two-story, 145,000 square foot building and three commercial buildings within one- and two-story buildings totaling approximately 26,120 square feet on roughly 8.76 net acres at the northwest corner of Tahquitz Canyon Way and Hermosa Drive; and WHEREAS, the Applicant has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for an amendment to Tentative Parcel Map No. 35989; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 5.1160 PD341 AMND B, TPM AMND 35989, was given in accordance with applicable law; and WHEREAS, on September 26, 2012, a public hearing on the applications was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, at said hearing, 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 7-0 to approve the preliminary Planned Development District in lieu of a Change of Zone, subject to Conditions of Approval in Exhibit A, and recommending Resolution No. 23251 Page 2 approval of an Ordinance of the City Council approving a Planned Development District in lieu of a Change of Zone for the subject project; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Case 5.1160 PD341 AMND B, TPM AMND 35989, was given in accordance with applicable law; and WHEREAS, on November 7, 2012, a public hearing on the applications was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the City has prepared an environmental study and concluded that significant adverse impacts may occur as a result of the project. A Mitigated Negative Declaration for this project was previously adopted by the City Council on September 17, 2008. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA), the preparation of further environmental assessment is not necessary since the proposed amendment proposes a lower intensity project. The project as amended could not, therefore, result in any new environmental impacts beyond those already identified and assessed in the adopted mitigated negative declaration. Section 2. Planned Development District Findings. Findings for a Planned Development District in lieu of a Change of Zone are found in Zoning Code Section 93.07.00 (Change of Zone). The proposed project is evaluated against the findings as follows: a. The proposed planned development is consistent and in conformity with the general plan and report. The project is located within the Tourist Resort Commercial land use designation of the General Plan. Commercial and entertainment uses are encouraged and will be a part of the PDD. Permanent residential uses such as an assisted living facility may be approved in this land use area with a PDD under the General Plan. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The mixed use project contains an assisted living facility and commercial buildings separated by parking areas. The roughly 10-acre site has a total of four access points from two streets. Resolution No. 23251 Page 3 The General Plan limits commercial development to a 0.35 floor area ratio (FAR) and residential development to 30 dwelling units per acre. The Section 14 Specific Plan limits commercial development to a 0.38 FAR and requires a minimum of 1,500 square feet of lot area per dwelling unit. The following table summarizes the project's conformance to these requirements: Proposed Parcel FAR Density (TPM 35989) Maximum Proposed Maximum Proposed Gen. Plan and Gen. Plan and Spec. Plan Sec. Plan 1 (Assisted Lvng.) N/A 30 d.u./ac. and 26 d.u. /ac. and 1,674 1,500 sq. ft. of lot sq. ft. of lot area per area per unit unit 2 (Comm. Bldg. 3) 0.35 and 0.11 N/A 0.38 3 (Comm. Bldg. 1 0.35 and 0.23 N/A &2) 0.38 The subject site conforms to the density and FAR requirements of the General Plan and Section 14 Specific Plan. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The Planned Development District in lieu of a Change of Zone and the mixed use project containing commercial uses and an assisted living facility is necessary and proper for the development along Tahquitz Canyon Way. The PDD proposes uses that are supportive and complementary to adjacent uses, including the commercial uses along Tahquitz Canyon Way and tourist-related activities found in this part of the City. Section 3. Findings for the Tentative Parcel Map. The findings required for the proposed Tentative Map are pursuant to Section 66474 of the California Subdivision Map Act. The project is evaluated against these findings as follows: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The subdivision is consistent with the Specific Plan as all three parcels exceed the minimum of two gross acres. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The design and improvements in adjacent right-of-ways will be adequate to serve the 10-acre site. Hermosa will be improved with additional roadway, curb, gutter and sidewalk. Tahquitz Canyon Way will be enhanced with a sidewalk and additional design elements consistent with Section 14 Specific Plan. Resolution No. 23251 Page 4 C. The site is physically suited for this type of development. The site is flat and surrounded by existing City streets and all municipal services and utilities and is physically suitable for this type of development. d. The site is physically suited for the proposed density of development. The 10-acre site can accommodate residential uses and commercial uses. The overall density and FAR of the project is within the Section 14 Master Plan density limits for the REO land use designation for the project site. The site will be physically suited for the proposed density of residential and commercial for each parcel. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Tentative Parcel Map has been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration is proposed. Mitigation measures have been included which reduce potential impacts to less than significant levels. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. With the approval of the PDD amendment, the subdivision meets or exceeds City standards. All structures on the site will be required to meet or exceed City building codes. The project will not cause public health problems. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or access across the subject property, therefore the design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements should be able to be accommodated within the project design. Section 4. Findings for the Resort Combining Overlay Zone. The project is located within the Resort-Combining overlay zone. Section 92.25.00 of the Zoning Code states that: "...the planning commission (shall) make findings that the proposed use is compatible with its surroundings and that the site in question is not appropriate for other uses allowed by right within the underlying zone." The project is located in an area of the City designated for tourist-related uses such as large scale hotels, retail, commercial and entertainment uses. The proposed site is in Resolution No. 23251 Page 5 close proximity to the City's Convention Center and fronts Tahquitz Canyon Way, which is the primary route connecting tourist from the Palm Springs International Airport with the Downtown and Central Business District. The commercial serving buildings will be located along this major thoroughfare with the residential component setback. Currently much of the surrounding land is vacant. The project design is compatible with its surroundings since there is no unifying theme or architectural style to the existing buildings near the site. There is no other known by right use that would be considered more appropriate that that proposed. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council re-adopts a Mitigated Negative Declaration and approves preliminary development plans for Case 5.1160 PDD 341 AMND B, a major amendment to Planned Development District 341 establishing the PDD in lieu of a Change of Zone; changing the zone / land use classification from REO to PD 341; approving the Preliminary Development Plans; and, approving deviations in the development standards of the zone / land use classification as follows: 1. Establish Assisted Living Facilities as a permitted use in the PDD. 2. Off-street parking screen wall from Tahquitz Canyon Way not provided. 3. Setback to accessory structures (carports) from street side yard (Hermosa Drive) and rear property line is ten feet when required setback is twenty feet for both cases. 4. Landscape treatment and sidewalk along Tahquitz Canyon Way not consistent with all Specific Plan requirements. As a part of PD341, the Council approves Case TPM 35989 to subdivide the roughly ten gross acre site into three parcels. This approval is subject to the conditions contained in Exhibit A, which is attached hereto and made a part of this resolution. ADOPTED THIS 7T" DAY OF NOVEMBER, 2012. David H. Ready, Cit ger ATTEST: v.ati ames Thompson, City Clerk Resolution No. 23251 Page 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23251 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 November 7, 2012, by the following vote: AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. dames Thompson, City Clerk of/tg/2o13 City of Palm Springs, California Resolution No. 23251 Page 7 EXHIBIT A AMND B to Case No. 5.1160 PDD 341 and TPM 35989 "Vivante Palm Springs" A Major Amendment (AMND B) to a previously approved Planned Development District and Tentative Parcel Map Northwest Corner of Tahquitz Canyon Way at Hermosa Drive November 7, 2012 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 5.1160 PDD 341 AMND B / TPM 35989 AMND B; 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 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. Tentative Map. This approval is for Tentative Parcel Map 35989 AMND located at the northwest corner of Tahquitz Canyon Way and Hermosa Drive. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. Resolution No. 23251 Page 8 ADM 6. 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 5.1160 PDD 341 AMND B / TPM 35989 AMND B. 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 7. 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 8. Time Limit on Approval. Approval of the (Planned Development District (PDD) Tentative Parcel Map (TPM) 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. Extensions of time for the Parcel Map may be approved pursuant to Code Section 9.63.110. Such extension shall be required in writing and received prior to the expiration of the original approval ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee Resolution No. 23251 Page 9 shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). ADM 12. Community Services District. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. ADM 13. Tribal Fees Required. As the property is Indian reservation land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council, including any applicable habitat conservation plan fees shall be paid. Resolution No. 23251 Page 10 ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfq.ca.gov for more information. ENV 2. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are defined in the approved project description. ENV 3. 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 4. 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. 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 Resolution No. 23251 Page 11 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 Services 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. Conditions Imposed from AAC Review. The applicant shall incorporate the following comments from the review of the project by the City's Architectural Advisory Committee: 1. Consider incorporating dog park into assisted living facility amenities; 2. AAC to review final plans with additional details, dimensions, etc.; 3. East elevation to be enhanced; 4. Revise the parking layout to comply with City standards; 5. Provide additional parking lot shading; 6. Retail along Tahquitz Canyon Way to be more pedestrian-oriented; 7. Ensure landscaping is pet friendly; Resolution No. 23251 Page 12 8. Remove fence around unit courtyards from plans since no longer proposed; 9. Provide better pedestrian access between assisted living facility and commercial buildings. PLN 5. Palm Tree Requirement. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive and/or Tahquitz Canyon Way median. PLN 6. Siqn 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 7. Flat Roof Requirements. Roof materials on flat roofs must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 and minimum initial solar reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 8. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 9. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. Equipment and duct screening shall be no less than six (6) inches greater in height than the equipment and ducting. PLN 10. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 11. 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 including on patios and balconies or other parts of the site, 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. Resolution No. 23251 Page 13 PLN 15. Street Addresses. The street address numbering/lettering shall not exceed eight inches in height. PLN 16. Covenants, Conditions & Restrictions. a. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. b. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3500, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. PLN 17. Culture Walk along Tahquitz Canyon Way. Pursuant to the Chapter 5 of the Section 14 Specific Plan, the sidewalk and landscape area along Tahquitz Canyon Way shall incorporate features of the "Culture Walk described on Page 5-4 and shown in Figure 5-3 on Page 5-8 of the Specific Plan. These areas shall be shown on the final landscape plan approved by the Director of Planning Services and Agua Caliente Band of Cahuilla Indians. PLN 18. Off-street Parking. Restaurant space in the commercial buildings shall not exceed a total of 11,360 square feet, unless the Planning Commission finds that the nature of the use will not require increased parking, that other adequate arrangements exist to satisfy the parking demand or that other similar factors exist. PLN 19. Conditions Imposed from Review. Prior to submittal of the Final Development Plan, the applicant shall consider the following: a. Modify the large parking area to reduce its vast appearance through additional landscape and / or configurations of buildings; b. Submit a plan showing first phase of development without the commercial component; c. The commercial component of the project shall be in substantial conformance to the approved Preliminary Development Plans; d. Enlarge the landscape area between the parking stalls and assisted living facility at the southwesterly corner of building; e. Provide a pedestrian walkway and access gate at the northeasterly corner of property; f. Enlarge the pedestrian walkways internally; Resolution No. 23251 Page 14 g. Add sun control on window "squares"; h. Provide fencing materials / details as a part of the Final Development Plan review; i. Correct section detail plan to be consistent with elevation plans; j. Add trees to north side property line; k. Include some enhanced paving in parking lot drive aisles; I. Ensure landscaping around transformers does not draw attention to each unit's locations; m. Address materials and balcony overhangs; n. Install berm or other screening from on-street view of parking areas; o. Provide landscape plan for un-built pads. 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 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. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. ENG 3. Master planned roadways (Tahquitz Canyon Way and Hermosa Drive) shall be improved to the Final Section 14 Master Development Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein, or to alternative design standards proposed by the applicant and approved by the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. Resolution No. 23251 Page 15 TAHQUITZ CANYON WAY ENG 4. Dedicate easements, as necessary, for sidewalk improvements along the entire frontage. ENG 5. Remove the existing street improvements as necessary to construct a 37 feet wide driveway approach for the Main Entry, in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 330 feet east of the west property line of the site. This driveway shall be restricted to right-turn and left-turn ingress and right-turn egress only. A median opening for this driveway approach on Tahquitz Canyon Way shall be constructed allowing eastbound left-turn ingress only, into the project. ENG 6. Remove the existing street improvements as necessary to construct a 37 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 40 feet east of the west property line. This driveway shall be restricted to right-turn ingress and egress only. Left turn access and a median opening for this driveway approach shall be prohibited. ENG 7. Construct a Type A curb ramp meeting current California State Accessibility standards at each side of the two driveway approaches on Tahquitz Canyon Way in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across each of the driveways, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. ENG 8. Remove the existing street improvements as necessary to provide a mid- block eastbound left-turn bay on Tahquitz Canyon Way at Hermosa Drive, to provide 125 feet long turn pocket with a 75' feet long bay taper, or as approved by the City Engineer. The left-turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. ENG 9. Remove the existing street improvements as necessary to construct a directional median opening across from the Main Entry on Tahquitz Canyon Way, as approved by the City Engineer. Left turn egress from the Main Entry shall be physically restricted by the use of a directional median opening. Provide a 125 feet long eastbound left-turn pocket at the Main Entry, with a 75 feet long bay taper, or as approved by the City Engineer. The left-turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. Resolution No. 23251 Page 16 ENG 10. The existing median landscaping and irrigation system shall be modified and repaired, as required by the City Engineer. The applicant shall be responsible for the re-planting of any damaged landscaping. ENG 11. All replaced 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. ENG 12. The existing sidewalk along the entire frontage shall be modified consistent with the "Indian Culture and Art Walk' described in the Final Section 14 Master Development Plan/Specific Plan (dated November 2004). Other improvements, including large boulders with inscriptions describing Indian and Section 14 history shall be provided, in consultation with Tribal staff and as approved by the Director of Planning Services and Director of Public Works. The applicant shall furnish and install artwork relating to Indian culture along the frontage, unless otherwise deferred by the Director of Planning Services. The "Indian Culture and Art Walk' shall be constructed along the entire Tahquitz Canyon Way frontage. The specific street improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. ENG 13. In accordance with the Final Section 14 Master Development Plan/Specific Plan (dated November 2004), the applicant shall plant Washingtonia filifera palm trees along the Tahquitz Canyon Way frontage, at 60 feet spacing, two canopy shade trees between each new palm tree at 30 feet spacing, and a 3 feet high evergreen hedge at the curb, as approved by the City Engineer. The palm trees shall be uplighted, consistent with existing palm tree lighting along the Tahquitz Canyon Way corridor. The applicant shall be responsible for the perpetual maintenance of the new palm trees and other parkway landscaping along the Tahquitz Canyon Way frontage. The specific landscaping improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. ENG 14. Install Tahquitz Canyon Way decorative light fixtures (12 feet to 15 feet tall) consistent with the existing decorative lighting system along Tahquitz Canyon Way, including banner supports and overhead pedestrian-level lighting on the sidewalk. The applicant shall furnish and install the decorative light fixtures, luminaries. The electrical system was installed by others and shall be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as approved by the City Engineer. The lighting system shall be installed and operational, and accepted for operation and maintenance by the City, prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. Resolution No. 23251 Page 17 ENG 15. At the time that a comprehensive shuttle/bus route system for the Section 14 Master Development Plan area is planned, it is recommended that the applicant coordinate with the City on the design and layout of, and accommodate an on-site shuttle/bus stop at the Main Entrance turn-around off of Tahquitz Canyon Way in accordance with the Final Section 14 Master Development Plan/Specific Plan, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. ENG 16. The existing Sunline bus stop and furniture shall remain in its current location on Tahquitz Canyon Way along the project frontage. ENG 17. All broken or off grade street improvements shall be repaired or replaced. HERMOSA DRIVE ENG 18. Dedicate a half street right-of-way of 30 feet along the entire frontage as needed, together with a property line - corner cut back at the northwest corner of Hermosa Drive and Tahquitz Canyon Way in accordance with City of Palm Springs Standard Drawing No. 105. ENG 19. Construct 6 inch curb and gutter, 20 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. ENG 20. Construct two 26 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approaches shall be located approximately 240 feet north of the centerline of Tahquitz Canyon Way, and approximately 40 feet south of the north property line of the site, respectively. ENG 21. Construct a Type A curb ramp meeting current California State Accessibility standards at each side of the two driveway approaches on Hermosa Drive in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across each of the driveways, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. ENG 22. Construct an 8 feet wide sidewalk behind the curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210. ENG 23. In accordance with the Final Section 14 Master Development Plan/Specific Plan (dated November 2004), the applicant shall plant shade trees in a formal pattern along the Hermosa Drive frontage, as approved by the City Engineer. The applicant shall be responsible for the perpetual maintenance of the new trees and other parkway landscaping along the Hermosa Drive frontage. The Resolution No. 23251 Page 18 specific landscaping improvements described in this condition may be modified by the applicant, in consultation with the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. ENG 24. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ANDREAS ROAD ENG 25. A forty (40) feet wide half street right-of-way for Andreas Road from Hermosa Drive to the west property line of that parcel identified by Assessor's Parcel No. 508-070-028 shall be vacated to facilitate the development of this project. The vacation of right-of-way can be completed by separate instrument or on the Parcel Map. ON-SITE ENG 26. The minimum pavement section for all on-site drive aisles and parking spaces shall be 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. The pavement within the drive aisles shall be enhanced pavement to the greatest extent feasible. ENG 27. The gated entry proposed at the northeast corner of the project site is subject to review and approval by the City Engineer and Fire Marshall. The applicant shall provide an exhibit showing truck turning movements at the entry, demonstrating the ability of standard size vehicles to maneuver through the entry (without reversing) if unable to enter the project. A minimum of 50 feet shall be provided between the back of sidewalk on Hermosa Drive and the gated entry/control panel, with an approved maneuvering area provided between the back of sidewalk and the entry gate. The ingress and egress lanes shall be a minimum of 20 feet wide, unless otherwise approved by the Fire Marshall. An Opticom or Tomar system (or approved equal) for automatic operation by emergency vehicles, with uninterrupted power supply (battery back-up), shall be installed for the entry gate, meeting the approval of the Fire Marshall. ENG 28. The two internal gates entries (i.e., entries that are not from a public street on the perimeter of the project site) into the Vivante assisted living facility are Resolution No. 23251 Page 19 subject to the review and approval by the City Engineer and Fire Marshall. The ingress and egress lanes shall be a minimum of 20 feet wide, unless otherwise approved by the Fire Marshall. An Opticom or Tomar system (or approved equal) for automatic operation by emergency vehicles, with uninterrupted power supply (battery back-up), shall be installed for the entry gate, meeting the approval of the Fire Marshall. ENG 29. The applicant shall provide a copy of an executed and recorded access agreement for Parcel 1 of Tentative Parcel Map No. 35989 (TPM35989) for the joint use of the common parking lots located on Parcel 2 and Parcel 3 of TPM 35989, as well as a copy of an executed and recorded access agreement and easement for Parcel 1 of TPM35989, for the common driveway located on Parcel 2 and Parcel 3 of Tentative Parcel Map No. 35989, prior to approval of a grading plan. ENG 30. The applicant shall provide a copy of an executed and recorded reciprocal access agreement for Parcels 2 and 3 of TPM35989 for the common parking lots and common driveway located on Parcel 2 and Parcel 3 of TPM35989, prior to approval of a grading plan. ENG 31. All on-site private drive aisles shall be two-way with a minimum 24 feet wide travelway (as measured from face of curb) where no on-street parking is proposed. ENG 32. On-site drive aisles shall be constructed with curbs, gutters, and V-gutters, as necessary to accept and convey street surface drainage of the on-site drive aisles to the on-site drainage system, in accordance with applicable City standards. ENG 33. Parking shall be restricted along one side of the 26 feet wide private drive aisles, as necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the drive aisles as necessary to enforce parking restrictions. The owner(s) of the development shall be responsible for regulating and maintaining required no parking restrictions. ENG 34. 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 35. All sanitary facilities shall be connected to the public sewer system. The on- site sewer system shall not connect to any existing or proposed sewer manhole, and shall connect to any existing or proposed sewer main with a standard sewer lateral connection in accordance with City of Palm Springs Resolution No. 23251 Page 20 Standard Drawing No. 405. No more than two laterals connections shall be made to the public sewer main in Tahquitz Canyon Way. ENG 36. All on-site sewer systems shall be privately maintained. ENG 37. Submit sewer improvement plans to the Engineering Division for review and approval for the on-site private sewer system. Commercial projects may construct private sewer systems to other approved City standards (i.e. Uniform Plumbing Code) upon approval by the City Engineer. Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. GRADING ENG 38. Submit a Precise Grading and Paving 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 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 Precise Grading and Paving plan. b) The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Parcel Map; a copy of current Title Report; a copy of Soils Resolution No. 23251 Page 21 Report; a copy of the associated Hydrology Study/Report; and a copy of the project-specific Final Water Quality Management Plan. ENG 39. Prior to 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 40. 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. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 41. 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 42. 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 43. Prior to issuance of grading permit, the applicant shall provide verification to the City that the fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat Conservation Plan (THCP). ENG 44. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. ENG 45. 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 46. Projects causing soil disturbance of one acre or more, must comply with the General Permit for Stormwater Discharges Associated with Construction Resolution No. 23251 Page 22 Activity and shall prepare and implement 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. The project applicant shall cause the approved final project-specific Water Quality Management Plan to be incorporated by reference or attached to the project's 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 47. 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. ENG 48. 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 49. 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. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 50. 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 51. 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). Resolution No. 23251 Page 23 WATER QUALITY MANAGEMENT PLAN ENG 52. This project will 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 runoff and non-stormwater runoff, will 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 runoff 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. ENG 53. 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 the site. Direct release of nuisance water to the adjacent property or public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 54. 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 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 Property Owner Association Covenants, Conditions, and Restrictions (CC&R's); 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 the issuance of any grading or building permits. ENG 55. Prior to issuance of certificate of occupancy or final City approvals, the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project-Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Resolution No. 23251 Page 24 Project-Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG 56. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer, shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Study for Vivante of Palm Springs (Tentative Parcel Map 35989 Amended), prepared by VA Consulting, Inc. as revised in July, 2012. Final sizing of all on-site storm drainage improvements shall be determined in the final hydrology study and approved by the City Engineer. Provisions for on-site retention of increased stormwater runoff shall be required. ENG 57. Submit storm drain improvement plans for all on-site storm drainage facilities for review and approval by the City Engineer. ENG 58. Construct all necessary on-site storm drain improvements, including but not limited to on-site underground retention, catch basins, storm drain lines, rock- lined V-ditch, and concrete rectangular drainage channel, as described in a final Hydrology Study for Vivante of Palm Springs (Tentative Parcel Map 35989 Amended), reviewed and approved by the City Engineer. ENG 59. All on-site storm drain systems shall be privately maintained. ENG 60. The proposed underground retention systems shall be installed on-site and not within the public right-of-way. The underground stormwater retention systems shall be sized to have sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Maintenance of the underground stormwater retention systems are the sole responsibility of the development owner(s); maintenance and/or replacement of the systems may require removal of existing drive aisle improvements at the sole expense of the development owner(s). The Final Project-Specific Water Quality Management Plan Covenant and Agreement shall reserve the right of the City to inspect and ensure that the underground retention system is operable, and in the event of its failure, shall provide the City the right to advise the owner(s) of the development and require its repair or replacement within 30 days notice, to the satisfaction of the City Engineer. ENG 61. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre in accordance Resolution No. 23251 Page 25 with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 62. 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, 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 63. All proposed utility lines shall be installed underground. ENG 64. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 65. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 66. 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' approval by City. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 67. 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. Resolution No. 23251 Page 26 ENG 68. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. MAP ENG 69. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. ENG 70. The Tentative Parcel Map is subject to construction of all required public improvements. Prior to approval of a Parcel Map, all required public improvements shall be completed to the satisfaction of the City Engineer, or shall be secured by the Subdivision Improvement Agreement signed by applicant and the City for this project. ENG 71. In accordance with Section 66445 Q) of the Government Code, the right-of- way for Andreas Road may be abandoned upon the filing of a Parcel Map identifying the abandonment of the easements granted to the City of Palm Springs. ENG 72. Upon approval of a parcel map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC ENG 73. As determined by the Hyatt Place Hotel/Marriott Residence Inn Palm Springs Traffic Impact Study Amendment B reflecting the amended Vivante Project (dated August 17, 2012) by Endo Engineering: a) Clear unobstructed sight distance shall be provided at all project access points, consisting of a sight triangle inside the property measuring 8 feet by 8 feet on either side of each access driveway. Screening fences or Resolution No. 23251 Page 27 landscaping shall be restricted within the sight triangle to maintain the required sight distance. b) Contribute a fair share payment of 3.166% ($3,166.00) of the cost to install eastbound and westbound protective/permissive phasing at the traffic signal existing at the intersection of Tahquitz Canyon Way and Calle El Segundo. c) Contribute a fair share payment of 3.850% ($7,700.00) of the cost to signalize the intersection of Avenida Caballeros and Amado Road. d) The proposed curb on the west side of Hermosa Drive and be painted red for a minimum distance of 100 feet north of Tahquitz Canyon Way. ENG 74. Install a stop sign, stop bar, and "STOP" legend for traffic exiting the development at each of the four driveway access points on Tahquitz Canyon Way and Hermosa Drive, in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and 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, as required by the City Engineer. ENG 75. 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 76. 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 77. 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 78. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. Resolution No. 23251 Page 28 FID 1 These conditions are subject to final plan check and review. Initial fire department conditions have been determined on the site plan dated . Additional requirements may be required at that time based on revisions to site plans. FID 2 Fire Department Conditions were based on the 2010 California Fire Code. Four 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 Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan or drawing, and an electronic version in an industry standard file format capable of being used in a geographical information system (GIS) preferably an ESRI shape file(s) shall be provided to the fire department. The GIS file shall be projected in the California State Plane Zone VI coordinate system and capable of being re-projected into the North American Datum 1983 coordinate system. PDF files by themselves will not meet this requirement. The GIS and ESRI shape file(s) shall clearly show all access points, fire hydrants, KNOXTm box locations, fire department connections, dwelling unit or suite identifiers, main electrical panel location(s), sprinkler riser and fire alarm locations. Industry standard symbols used in emergency management and pre-fire planning are encouraged. Large projects may require more than one page. AutoCAD files will be accepted but must be approved prior to acceptance. FID 4 PLANS AND PERMITS When there are significant changes in occupancy, water supply, storage heights, type, and quantity of storage, storage configurations, Tenant Improvements or any other changes which may affect the fire sprinkler system design, the owner, tenant or contractor shall submit plans and secure permits. Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Plan reviews can take up to 20 working days. Submit a minimum of four (4) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain two sets. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA92262 Counter Hours: M — TH, 8:00 AM — 11:00 AM and 2:00 PM — 6:00 PM A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. The minimum fee is $ 208.00. These fees are established by Resolution of the Palm Springs City Council. Resolution No. 23251 Page 29 Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall indicate all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supportive data (calculations and manufacturer's technical data sheets) shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. FID 5 Public Safety CFD: The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. FID 6 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 1 bs. FID 7 Fencing Requirements (8.04.260 PSMC): Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. Resolution No. 23251 Page 30 FID 8 Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. FID 9 Security Gates (CFC 503.6): The installation of security gates across a fire apparatus access road shall be approved by the Fire Chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Secured non-automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of '/4 inch). Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates. If there is no sensing device that will automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location. A final field inspection by the fire code official or an authorized representative is required before electronically controlled gates may become operative. Prior to final inspection, electronic gates shall remain in a locked-open position. FID 10 Premises Identification (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 numbers or alphabetical letters. Numbers shall be a minimum of 4 inches high for R-3 occupancies and 6" - 12" for all other occupancies depending on distance from street with a minimum stroke width of 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. FID 11 Fire Hydrant Flow and Number of Fire Hydrants (CFC 508.5): Fire hydrants shall be provided in accordance with CFC Appendix B, Fire Flow Requirements for Buildings, for the protection of buildings, or portions of buildings, hereafter constructed. The required fire hydrant flow for this project is 2000 gallons per minute (CFC Appendix B) and one available fire hydrant Resolution No. 23251 Page 31 must be within 250 feet from any point on your lot street frontage. (CFC Appendix C) FID 12 NFPA 13 Fire Sprinkler System is Required: An automatic fire sprinkler system is required for intended occupancy use. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA 13, 2010 Edition and using Cp of 0.74 and I/r Ratio of 200. No portion of the fire sprinkler system shall be installed prior to plan approval. Prior to final approval of the installation, contractor shall submit a completed Contractors Material and Test Certificate for Aboveground Piping to the Fire Department. (NFPA 13: Figure 24.1) FID 13 Trash Dumpster (CFC 304.3.3) Dumpsters and containers with an individual capacity of 1.5 cubic yards [40.5 cubic feet (1.15 m3)] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines. Exceptions: 1. Dumpsters or containers in areas protected by an approved automatic sprinkler system installed throughout in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Storage in a structure shall not be prohibited where the structure is of Type I or IIA construction, located not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage. FID 14 Identification (CFC 510.1): Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression or control elements shall be identified for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location, shall be constructed of durable materials, permanently installed and readily visible. FID 15 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 16 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 Resolution No. 23251 Page 32 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, 2010 Edition. All control valves shall be locked in the open position. FID 17 Audible Water Flow Alarms (CFC 903.4.2 & Appendix K: 4.3): An approved audible sprinkler flow alarm (Wheelock horn/strobe 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. 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. Where a building fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system. FID 18 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 19 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 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. FID 21 Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. They shall be installed and made serviceable prior to and during construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except ground cover plantings. FID 22 Storage Beneath Overhead Projections From Buildings (CFC 315.3.1): Where buildings are protected by automatic sprinklers, the outdoor storage, display and handling of combustible materials under eaves, canopies or other projections or overhangs is prohibited except where automatic sprinklers are installed under such eaves, canopies or other projections or overhangs. Resolution No. 23251 Page 33 FID 23 Turning radius (CFC 503.2.4): Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. Radius must be concentric. FID 24 Aerial Fire Access Roads (CFC 503.2.8): Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. FID 25 Aerial Fire Access Road Width (CFC 503.2.8.1): Fire apparatus access roads shall have a minimum unobstructed width of 26 feet in the immediate vicinity of any building or portion of building more than 30 feet in height. FID 26 Aerial Access Proximity to Building (CFC 503.2.8.2): At least one of the required access routes for buildings or facility exceeding 30 feet in height above the lowest level of fire department vehicle access shall be located within a minimum of 15 feet and a maximum of 30 feet from the building and shall be positioned parallel to one entire side of the building. FID 27 Elevator Recall Required (CFC 607.1): Existing elevators with a travel distance of 25 feet (7620 mm) or more above or below the main floor or other level of a building and intended to serve the needs of emergency personnel for fire-fighting or rescue purposes shall be provided with emergency operation in accordance with ASME A17.3. New elevators shall be provided with Phase I emergency recall operation and Phase II emergency in-car operation in accordance with ASME All 7.1. FID 28 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 29 Elevator Stretcher Requirement (CBC 3002.4): Elevator shall be designed to accommodate medical emergency service in buildings four or more stories above grade plane or four or more stories below grade plane, at least one elevator shall be provided for fire department emergency access to all floors. 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. Due to the nature of the occupancy, one elevator, on each wing closest to the main lobby, shall be designed to accommodate an ambulance stretcher. Resolution No. 23251 Page 34 FID 30 Posting of Occupant Load (CFC 1004.3): Every room or space that is an assembly occupancy shall have the occupant load of the room or space posted in a conspicuous place, near the main exit or exit access doorway from the room or space. Posted signs shall be of an approved legible permanent design and shall be maintained by the owner or authorized agent. FID 31 Standpipe Systems Required (CFC 905.3): Class 1 Standpipe system is required in addition to the automatic sprinkler system. FID 32 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 33 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. END OF CONDITIONS