HomeMy WebLinkAbout11/7/2012 - STAFF REPORTS AGUA CALIENTE BAND OF CAHUILLA INDIANS
TRIBAL PLANNING & DEVELOPMENT
NOV 0 6 2012 2012 NOV -6 Fri 4 06 1W
November 6, 2012 1 CITi, CLEF
HAND DELIVERED
Mayor Steve Pougnet and City Council
CITY OF PALM SPRINGS
3200 Tahquitz Canyon Way
Palm Springs, California 92262
RE: Amendment to Palm Springs Case No. 5.1160, PD 341, and TPM 35989 —
Mixed Use Development Including a 132-Unit Assisted Living Facility
Dear Mayor and City Council,
The Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the above
referenced project at its meeting of November 6, 2012, and recommends denial of the
amendment to the City Council.
Please contact me should you have any questions at 760.883.1326.
Very truly yours,
Margaret E. Park, AICP
Director of Planning & Natural Resources
AGUA CALIENTE BAND
OF CAHUILLA INDIANS
MP/dm
C: Tribal Council
Tom Davis, Chief Planning & Development Officer
Craig Ewing, Director of Planning Services, City of Palm Springs
5401 DINAH SHORE DRIVE , PALM SPRINGS, CA 92264
T 760/699/6800 F 760/699/6823 WWW.AGUACALIENTE-NSN .GOV
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4`'Fo"N` CITY COUNCIL STAFF REPORT o
DATE: November 7, 2012 PUBLIC HEARING
SUBJECT: VIVANTE PALM SPRINGS, LLC FOR AN AMENDMENT OF CASE
5.1160 PLANNED DEVELOPMENT DISTRICT 341 (AMND B) AND TPM 0
35989 (AMND B) TO CONSTRUCT A MIXED-USE PROJECT M
CONSISTING OF AN ASSISTED LIVING FACILITY AND THREE
COMMERCIAL BUILDINGS ON AN APPROXIMATELY 10-ACRE SITE
LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON m
WAY AND HERMOSA DRIVE. r
FROM: David H. Ready, City Manager Q
BY: Department of Planning Services
SUMMARY m
Z
The City Council will review a proposed amendment to a previously approved Planned
Development District (PDD) project and Tentative Parcel Map (TPM). The applicant
seeks to develop the 10-acre site with the following:
1. An assisted living facility of approximately 145,000-square feet in size within a 2- v
story building on the northerly half of the site;
2. A total of 26,120 square feet of retail, restaurant and office space within three —
separate buildings on the southerly half of the site (same heights, sizes and N
architecture as current approvals); --I
3. Associated open space, landscaping, parking, off-street loading and trash
enclosures. X
The amendment applications include:
1. A preliminary PDD in lieu of a Change of Zone seeking:
a. The addition of Assisted Living Facilities as a permitted use to PD 341;
b. Approval of deviations in development standards for the zone and Section
14 Specific Plan;
c. Preliminary Development Plan approvals for the mixed-use project;
2. An amendment of TPM 35989 to split the roughly 10-acre parcel into three lots.
ITEM NO..__�N
City Council Staff Report
November 7, 2012—Page 2
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
RECOMMENDATION:
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1. Open the public hearing and receive public testimony. D
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE z
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE
DECLARATION AND APPROVING CASE 5.1160 PD 341 (AMND B); A MAJOR Z
AMENDMENT TO PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341 M
ESTABLISHING THE PDD AS A PDD IN LIEU OF A CHANGE OF ZONE FROM
REO TO PD 341, AND APPROVING CASE 5.1160 PDD 341 (AMND B) AND
AMENDED TENTATIVE PARCEL MAP 35989 FOR THE SUBDIVISION OF
ROUGHLY 10-ACRES INTO THREE LOTS AND DEVELOPMENT OF AN
ASSISTED LIVING FACILITY AND THREE COMMERCIAL BUILDINGS ON
APPROXIMATELY 10 GROSS ACRES OF LAND LOCATED AT THE
NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE." m
PRIOR ACTIONS: <
On August 13, 2008, the Planning Commission adopted a Mitigated Negative M
Declaration (MND) and voted to approve the Preliminary PDD and to recommend r
approval by the City Council of Case 5.1160 PDD 341 "Convention Center Commons" 0
and Tentative Parcel Map 35989 subject to conditions of approval.
On September 17, 2008 the City Council adopted an MND and approved the
preliminary Planned Development for Convention Center Commons.
m
On January 28, 2009, the Planning Commission voted 7-0 to approve the Final PDD for Z
the Convention Center Commons.
On November 9, 2010, the Planning Commission approved a Time Extension on the
original entitlement of the Final PDD for Convention Center Commons. The request for
a one year time extension was granted from January 28, 2011 to January 27, 2012.
On December 14, 2011, the Planning Commission denied an amendment request to PD
341 for a 132-unit assisted living facility on approximately 4.62 acres of the original PD. N
On February 8, 2012, the Planning Commission approved a Time Extension on the
original entitlement of the Final PDD for Convention Center Commons. The request for
a one year time extension was granted from January 28, 2012 to January 27, 2013.
On July 24, 2012, the applicant submitted the current PD amendment application. 0
On August 20, 2012, the Architectural Advisory Committee (AAC) reviewed the
proposed amendment and voted 5-0 to recommend approval to the Planning
Commission, subject to the following:
1. Consider incorporating dog park into assisted living facility amenities;
02.
City Council Staff Report
November 7, 2012—Page 3
Case No. 5.1160 PDD 341 8 TPM 35989 AMND B—Vivante Palm Springs
2. AAC to review final plans with additional details, dimensions, etc.;
3. East elevation to be enhanced; r
4. Revise the parking layout to comply with City standards; D
5. Provide additional parking lot shading;
6. Retail along Tahquitz Canyon Way to be more pedestrian-oriented; Z
7. Ensure landscaping is pet friendly;
8. Remove fence around unit courtyards from plans since no longer proposed; Z
9. Provide better pedestrian access between assisted living facility and commercial m
buildings.
Additional AAC review information is provided under the Staff Analysis section below.
On September 26, 2012, the Planning Commission unanimously voted to re-adopt the
MND; approve the Preliminary Planned Development District; and recommend that the v
City Council re-adopt the MND and approve the proposed amendment to the
Preliminary Planned Development District and Tentative Parcel Map 35989. m
BACKGROUND AND SETTING C
In 2008, "Convention Center Commons" was approved as a Planned Development DTI
District and Tentative Parcel Map; proposing development of two, four-story hotels V^
totaling over 300 guest rooms and three, one- and two-story commercial buildings
totaling approximately 26,120 square feet on four separate parcels totaling roughly 10 0
acres at the northwest comer of Tahquitz Canyon Drive and Hermosa Drive. The project
proposed several buildings, surface parking, landscaping and a shared center driveway
and porte-cocheres for the two hotels as shown on the conceptual site plan below.
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SITE PLAN OF FORMER"CONVENTION CENTER COMMONS"
03
City Council Staff Report
November 7, 2012—Page 4
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
According to the applicant, the project has not been developed due to current economic
conditions. A subsequent amendment was submitted and included only the proposed r
assisted living facility on the westerly half of the 10-acre site, but this request was
ultimately withdrawn after a denial by the Planning Commission. The site is still vacant.
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CONVENTION
CENTER Q
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SITE C
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AERIAL PHOTO SHOWING SITE AND SURROUNDING LAND USES ic
The site is located approximately two blocks east of the Convention Center and is within m
the boundaries of the Section 14 Specific Plan. Tahquitz Canyon Way is a major
divided thoroughfare on the City's General Plan Circulation Map and Hermosa Drive is a Z
two-lane collector.
The table below denotes the existing surrounding land uses, zoning and General Plan
Land Use Designations.
Existing Land Zoning Map Designation General Plan Designation
Use
Site Vacant REO (Retail/Entertainment/Office), Tourist Resort Commercial Cn
Part of Catalyst Opportunity Site"A"
North Vacant RA(Resort Attraction), Tourist Resort Commercial --�
Part of Catalyst Opportunity Site"A",
South Tribal Cemetery / REO (Retail/Entertainment/Office) Tourist Resort Commercial
Office Uses and C (Cemetery)
East Courtyard by RA(Resort Attraction) Tourist Resort Commercial
Marriot Hotel
West Vacant REO Retail/Entertainment/Office Tourist Resort Commercial --I
04
City Council Staff Report
November 7, 2012—Page 5
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
STAFF ANALYSIS:
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This proposal seeks to amend the current PD 341 approval by retaining the southerly
half of the site with the three commercial buildings as approved, eliminating the two D
hotel projects on the northerly half of the site and constructing the proposed 132-unit Z
assisted living facility in place of the two hotels. The proposed site plan is below.
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The assisted living facility is proposed to be a roughly 145,000-square foot, two-story
building on a roughly five acre (221,245 square feet) parcel. The project proposes 132
dwelling units with a mix of studio, one and two bedroom floor plans at a density of 26
dwelling units/acre. There are a total of 154 bedrooms. v
The building, designed in a contemporary style with simple flat two-tone stucco
volumes, balconies and horizontal shade elements and a flat roof, is arranged around N
several courtyards. The main entrance into the building is accessed from a circular
vehicular drive located at the center side of the parcel, accessed from the proposed
main parking area and paved, central driveway. The assisted living facility will be gated
along the side and rear perimeters with an ornamental fence; this will restrict vehicular —
and pedestrian access around the facility. Most of the first floor residential units have (�
small outdoor patios enclosed by low landscape fences and many of the units on the
west side of the second floor have small balconies with tempered clear glass railings.
The assisted living facility provides a variety of common areas for residents including an
indoor pool, dining facilities (served by a commercial kitchen facility), activity rooms, as
well as various treatment rooms and an administrative office suite. Outdoor recreational
05
City Council Staff Report
November 7, 2012—Page 6
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
and gathering spaces include the courtyards where there is a bocce ball court, a putting
green, a small dog park and other recreational and therapeutic amenities. r
General Plan: D
The General Plan land use designation for the site is Tourist Resort Commercial (0.35 Z
FAR). From Page 2-6 of the 2007 General Plan, this land use designation is defined as
follows: Z
m
This land use designation provides for large-scale resort hotels and
timeshares including a broad range of convenience, fitness, spa, retail,
and entertainment uses principally serving resort clientele. Commercial
recreation and entertainment facilities, such as convention centers,
museums, indoor and outdoor theatres, and water parks are included in
this designation, but should be designed to be compatible with
neighboring development. Tourist Resort Commercial facilities are most m
appropriate in the Palm Canyon Drive and Tahquitz Canyon Drive
corridors. It is intended that the primary use in any Tourist Resort <
Commercial area shall be hotel/tourist-related uses; if residential uses are m
proposed within the Tourist Commercial Designation (timeshares,
condominiums, etc.) they shall be a secondary use ancillary to the r
proposed hotel uses and shall not exceed a maximum of 30 dwelling units 0
per acre. Permanent residential uses and commercial activities are
allowed subject to approval of a planned development district.
The proposed project includes a mix of commercial and residential uses under a
planned development district application. The commercial component will be located M
along Tahquitz Canyon Way, and the residential component will be set back Z
approximately 300 feet from Tahquitz Canyon Way. It should be noted, however, that
the proposed residential use does not implement the General Plan in terms of —I
supporting and strengthening the City's efforts to encourage large-scale private hotel
development on the few remaining large lots in close (walkable) proximity to the
convention center. Approval of an assisted living facility at this location removes five
acres from possible future development for tourist-hotel-entertainment-convention 0
center-related uses.
The General Plan limits commercial development to a 0.35 floor area ratio (FAR) and
residential development to 30 dwelling units per acre. The following table summarizes —�
the project's conformance to these requirements: X
Proposed Parcel FAR Density
(TPM 35989) Maximum I Proposed Maximum Pro osed 0
1 Assisted Living) N/A 30 d.u. / ac. 26 d.u. / ac.
2 Comm. Bldg. 3 0.35 10.11 N/A
3 Comm. Bldg. 1 & 2 0.35 10.23 N/A
The project conforms to the General Plan's FAR and Land Use Density requirements.
�o
City Council Staff Report
November 7, 2012—Page 7
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
Section 14 Specific Plan r
The Section 14 Specific Plan Land Use classification for the subject site is "REO"
(Specialty Retail, Entertainment Office). Permitted uses in the REO land use D
classifications are outlined in Section 6.1.1, of the Section 14 Specific Plan. While Z
multi-family residential is permitted with the approval of a Conditional Use Permit,
Assisted Living Facilities are not listed as a permitted use in this land use classification. Z
Thus, with the PDD amendment, the applicant is seeking approval to add assisted living m
facilities to the list of permitted uses within the PDD.
v
Commercial uses are permitted within the REO classification, including the proposed
office, retail and restaurant uses. All future restaurant uses and outdoor dinning will
require the approval of a Land Use Permit pursuant to the Specific Plan requirements.
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Planned Development District in lieu of Change of Zone: fl'1
Pursuant to Section 94.03.00 (Planned Development District) and Section 94.07.00
(Zoning Map Amendment / Change of Zone) of the Zoning Code, the Planned C
Development District is designed to provide various types of land use that can be m
combined in compatible relationship with each other as part of a totally planned
development. It further states, `It is the intent of this district to insure compliance with r
the general plan and good zoning practices while allowing certain desirable departures 0
from the strict provisions of specific zone classifications."
The applicant is requesting approval to amend the PDD to a PDD in lieu of a Change of
Zone. Required findings are outlined later in this staff report. The PDD is also seeking
to deviate from the Specific Plan and Zoning Code development standards as follows: m
1. Establish Assisted Living Facilities as a permitted use in the PDD. Z
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; required setback is twenty feet for both cases.
4. Landscape treatment and sidewalk along Tahquitz Canyon Way not consistent
with all Specific Plan requirements.
The table below compares the proposed project against the development standards of
the Specific Plan and the Zoning Code.
0
City Council Staff Report
November 7, 2012—Page 8
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
Comparison of Required and Proposed Development Standards r
REO Zone Proposed PDD-341 D
Density(pursuant Commercial: 0.38 FAR Commercial: 0.16 FAR(conforms) Z
Section 14 Specific Residential: Min. of 1,500 s.f. of lot area Residential: 132 dwelling units on 5.08 net
Plan Section 6.2.1) for each residential unit acres = 1,674 sq.ft. per dwelling Z
conforms
Height(per 6.2.3 30 feet 22-30 feet conforms ill
Compatibility with Rear and side walls of bldgs. shall be Articulation is provided to all sides of the v
surrounding treated with equivalent design quality as buildings(conforms)
development 6.2.6 the frontage
Primary Frontage Tahquitz shall be the primary frontage Focal entry and access to the project is
(per 6.2.7 from Tahquitz Canyon Way conforms
Ground Floor 75% of the first floor primary frontage Pedestrian access is provided near entry v
Treatment(per shall be pedestrian entrances, display driveways and at the street corner.
6.2.8) windows and other features that provide Display windows and landscape provide m
visual interest additional visual interest conforms
Pedestrian Access Direct access from the bldg. to Tahquitz Pedestrian linkage to site and internally is
(per 6.2.9provided throughout conforms
Building Location Locate bldgs. as close to the front The bldg. is setback 22 to 30 feet from the Ill
(per 6.2.10 setback as possible front property line conforms r
Front yard setback 20 feet 29 feet, 10 inches (conforms)
(per 6.2.11 O
Features Required - Minimum 2 feet decorative paving as Missing two feet of flagstone decorative
in the front setback an extension of the public sidewalk; paving adjacent entire sidewalk along '0
(per 6.2.11.1)See w/border on the property side Tahquitz Canyon Way.
also Section 5.2.1 - Adjacent to border on property side, Missing distinctive benches and other
for Tahquitz boulders, desert landscaping or street furniture.
Canyon Way space for public art (does not conform) M
frontage features - Tribal cultural interpretative features Z
Side and rear yard 20 feet Buildings are 20 to 71 feet from Hermosa
setbacks (per property line; 76 feet from rear property
6.2.12) line; and 55 feet from interior side property
line(conforms)
Carports are proposed approximately 10
feet from rear and street side yard property
lines does not conform v
Rear yard setbacks 20 feet 62 feet(conforms)
(per 6.2.13
Landscaped Open 30% 44% (conforms) CD
Space(per 6.2.14
Minimum Lot Area Two gross acres Lot 1: 5.31 gross acres (conforms)
(per 6.2.15) Lot 2: 2.31 gross acres (conforms)
Lot 3: 2.31 gross acres conforms
Signage (per Per PSZO No signage proposed as part of this
6.2.16) application (separate application is
anticipated for monument and bldg. signs
Exterior Lighting Indirect or shielded; comply with PSZO Site Lighting will be conditioned to
(per 6.2.17 conform.
08
City Council Staff Report
November 7, 2012—Page 9
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
Comparison of Required and Proposed Development Standards (continued) r
RED and RA zones Proposed PDD-341 D
Off-street Parking No parking fronting Tahquitz Canyon Parking is set back roughly 60 feet from Z
(per 6.2.18) Way; design to be consistent with PSZO. Tahquitz. Parking along Hermosa to be
-Assisted Living Facilities: 1 space per screened by four foot high block wall; Z
2 beds or 1/1,000 s.f. of bldg area; plus 1 (conforms)
space per 3 staff. Assisted Living: 161 spaces required. M
-Commercial: 1 space per 325 s.f. of Commercial: 80 spaces(if restaurant v
floor area(including restaurant uses up space totaled 6,530 s.f. between all 3
to 25% of floor area; additional bldgs.)
restaurant space may require additional Total Provided: 379 spaces.
parking) conforms
Service Areas (per Access to service shall not be provided Access can be taken from Hermosa
6.2.19) from Tahquitz Canyon Way conforms
Loading and Trash Consistent with PSZO Trash enclosure and loading docks m
(per 6.2.20 provided conforms
C
Section 14 Streetscape Guidelines m
Section 5.2.1 of the Specific Plan has streetscape guidelines for Tahquitz Canyon Way
that include street trees, landscaping, custom street light fixtures, and decorative r
sidewalk pavers with an "Indian Culture and Art Walk" that would be developed from O
Sunrise to Indian Canyon Drive. The proposed project design currently does not
include all of these features. A condition of approval has been included requiring the
project to integrate these features into the street-front design.
Off-Street Parking m
Parking for the overall 10-acre complex is predominately proposed within the center of Z
the southerly half. Covered parking via carports is proposed on the northerly and
easterly sides of the assisted living facility (within the security fence area). A total of —�
379 parking stalls are proposed.
Based on an analysis of the Section 14 Specific Plan parking requirements, the project
requires all 379 of the proposed parking spaces if restaurant space does not exceed
11,360 square feet for the project. Staff has conditioned the project to ensure that the
PD conforms to these parking standards; however, should the applicant wish to allow
additional restaurant space in the future, approval from the Planning Commission would Cn
be required pursuant to Section 93.06.00(D)(19) of the Zoning Code.
Parking Lot Shading: The project proposes to shade 120 parking spaces via carports
on the northerly and easterly side of the assisted living facility. In addition, shade trees —
are proposed throughout the remainder of the parking areas and will provide shade for 0
about 96 parking spaces. Thus, 216 parking spaces (approximately 57%) will be
provided with shade, which conforms to the Zoning Code requirement of at least 50%
shading.
09
City Council Staff Report
November 7, 2012—Page 10
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
Off-street Loading and Trash
There are two designated loading spaces — one at the rear of the assisted living facility r
and one adjacent to Retail Building 3. Trash and recycling enclosures are proposed to
be accommodated in three areas on the site. D
Z
Landscaping
The landscape scheme proposes a variety of desert appropriate plant species. Street Z
trees along Tahquitz Canyon Way are proposed as a series of Palo Verde shade trees m
and Mexican Fan palm trees. Date Palms are proposed along the main north-south
"entry drive" leading to the assisted living facility's drop off area. Palo Verde, Tipu and
Southern Live Oak (or Carob Tree, alternatively) species are proposed for shade in the
parking lot areas. Some perimeter trees include Afghanistan Pines and Shoestring
Acacias. The landscape plan will be conditioned to conform to the State's Water
Efficient Landscape Ordinance. Ip
Public Benefit associated with Planned Development Districts M
The City Council adopted the policy, "Planned Development Districts and Public C
Benefits' on September 17, 2008. The Council should review the PDD with regard to m
the public benefit that would be derived from the granting of relief from the development
standards requested therein. r
One of the primary factors in the public benefits policy is "proportionality", which is 0
stated, as follows:
The public benefit shall be proportional to the nature, type and extent of
the flexibility granted from the standards and provisions of the Palm M
Springs Zoning Code. Z
As noted above, the project is seeking relief from the following development standards -I
of the Specific Plan and Zoning Code:
1. Establish Assisted Living Facilities as a permitted use in the PDD.
2. Off-street parking screen wall from Tahquitz Canyon Way not provided. 0
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 N
cases.
4. Landscape treatment and sidewalk along Tahquitz Canyon Way not consistent —�
with all Specific Plan requirements. ;U
In considering the proportionality of the requested relief from the development
standards against the public benefit created by those deviations, staff believes that the 0
requested deviations are not significant in terms of the magnitude of relief sought from
the Specific Plan requirements and standards. As noted in the attached policy, among
the approved set of options the Commission may consider are:
I Pursuant the 2007 General Plan, for street trees, Mexican Fan Palms are to be phased out in favor of
California Fan Palms.
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City Council Staff Report
November 7, 2012—Page 11
Case No. 5.1160 PDD 341 R TPM 35989 AMND B—Vivante Palm Springs
• The project as Public Benefit r
• Sustainability features D
• Off-site Improvements (Any other public improvements off the project site.)
• Other Z
The applicant has proposed that the project itself will provide a significant public benefit, Z
through the creation of additional sales tax and both temporary construction jobs and m
permanent jobs. Also, the project provides housing for a specific segment of the 0
community that is growing as an overall percentage of the population. The facility will
provide specialized services for residents confronted with Alzheimer's, Vascular
Dementia, Parkinson's and other related diseases by the creation of forty (40) Memory
Care designated units with around the clock nursing staff specially trained in these
conditions. 0
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AAC Review
The Architectural Advisory Committee (AAC) reviewed and endorsed the proposed the C
proposed amendment, subject to the following: M
1. Consider incorporating dog park into assisted living facility amenities; r
2. AAC to review final plans with additional details, dimensions, etc.; 0
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; r1'I
7. Ensure landscaping is pet friendly;
8. Remove fence around unit courtyards from plans since no longer proposed; Z
9. Provide better pedestrian access between assisted living facility and commercial
buildings.
In response to the above, the applicant has:
• Included a small dog park area in the parking area near the assisted living
facility's main entry; 0
• Installed additional pop-outs and aluminum shading devices on the east
elevation; N
• Revised the parking layout to comply with City standards;
• Provided additional parking lot shading;
• Removed the fence around courtyards and provided access to the pedestrian X
and parking areas around the assisted living facility;
Detailed architectural drawings that will include site plans; elevations, floor plans, roof 0
plans, grading plans, landscaping and irrigation plans will be presented to the AAC for —I
review upon submittal of final development plans. The Final Development Plans for the
project will be presented to the Planning Commission for review and approval at a later
date.
City Council Staff Report
November 7, 2012—Page 12
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
Planning Commission Review
On September 26, 2012, the Planning Commission reviewed the proposed amendment �—
and unanimously recommended approval to the City Council. At that meeting, the D
Commission discussed the following:
Z
1. The need for quality assisted living housing in Palm Springs;
2. The concern of the assisted living facility use and the elimination of roughly five Z
acres of raw land to a residential-type use within the Tourist Resort Commercial m
(TRC) General Plan Land Use Designation and the Resort Entertainment Office 0
(REO) designation of the Section 14 Specific Plan, as well as the project's close
proximity to the Convention Center;
3. The phasing of the project, including the initial construction of the assisted living
facility and the latter construction of the commercial buildings;
4. The "sea" of parking between the assisted living facility and the commercial Ip
buildings; M
5. Concern with the assisted living facility units at the southwesterly corner of the
building and their proximity to parking spaces; C
6. Internal pedestrian walkway widths and pedestrian access off-site. M
As a result of the above discussions, the Planning Commission imposed the following r
condition: 0
PLN 18. Prior to submittal of the Final Development Plan, the applicant shall 'G
consider the following:
a. Modify the large parking area to reduce its vast appearance m
through additional landscape and /or configurations of buildings;
b. Submit a plan showing first phase of development without the Z
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 10
corner of property;
f. Enlarge the pedestrian walkways internally. CO)
Tribal Review
The subject project is located on fee land within Section 14 which is reservation land.
The project has been forwarded to the Agua Caliente Band of Cahuilla Indians' Tribal _
Planning Office for review and comment. Staff will provide the City Council with the 0
results of the Tribe's review at the meeting.
REQUIRED FINDINGS:
Planned Development District Findings
Findings for a Planned Development District in lieu of a Change of Zone are found in
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City Council Staff Report
November 7, 2012—Page 13
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
Zoning Code Section 94.07.00 (Change of Zone). The proposed project is evaluated
against the findings as follows: r
a. The proposed planned development is consistent and in conformity D
with the general plan map and report. Z
The project is located within the Tourist Resort Commercial land use designation of the Z
General Plan. Commercial and entertainment uses are encouraged and will be a part of m
the PDD. Permanent residential uses such as an assisted living facility may be
approved in this land use area with a PDD according to the General Plan. However,
due to the close proximity to the City's convention center, the project does not
implement the General Plan's encouragement of building large scale hotels in areas
surrounding the convention center. With approval of the PDD amendment the project
and the use could be found to be consistent. 10
b. The subject property is suitable for the uses permitted in the m
proposed planned development district, in terms of access, size of C
parcel, relationship to similar or related uses, and other relevant m
considerations.
r
The mixed use project contains an assisted living facility and commercial buildings 0
separated by parking areas. The roughly 10-acre site has a total of four access points
from two streets. 'fl
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 M
limits commercial development to a 0.38 FAR and requires a minimum of 1,500 square Z
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 1.Propo 1.se 1.d Maximum Proposed 0
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
1,500 sq. ft. of lot 1,674 sq. ft. of lot --I
area per unit area per unit X
2 (Comm. Bldg. 3) 0.35 and 0.11 N/A
0.38
3 (Comm. Bldg. 1 0.35 and 0.23 N/A 0
& 2) 0.38
The subject site conforms to the density and FAR requirements of the General Plan and
Section 14 Specific Plan.
13
City Council Staff Report
November 7, 2012—Page 14
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
C. The proposed establishment of the planned development district is
necessary and proper, and is not likely to be detrimental to r
adjacent property or residents.
The Planned Development District in lieu of a Change of Zone and the introduction of Z
an assisted living facility may not be necessary and proper for the development of the
area around the City's Convention Center. Introducing the relatively quiet environment Z
of a residential assisted living facility into a district zoned for specialty retail, m
entertainment and convention center-based activity, may be detrimental and
incompatible to future development and "by right" uses adjacent to this site. Approval of 0
the PDD would allow a finding of consistency with this requirement. It is a "close call" to
conclude that the proposed project and residential use is supportive or complementary
to adjacent uses, including the Convention Center and tourist-related activities found in
this part of the City. Ip
Findings for the Tentative Parcel Map m
Additional findings are required for the proposed Tentative Map pursuant to Section C
66474 of the Subdivision Map Act. These findings and a discussion of the project as it m
relates to these findings follow:
r
a. The proposed Tentative Tract Map is consistent with all applicable 0
general and specific plans.
The subdivision is consistent with the Specific Plan as all three parcels exceed the
minimum of two gross acres.
m
b. The design and improvements of the proposed Tentative Tract Z
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.
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.
n
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
14
City Council Staff Report
November 7, 2012—Page 15
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
damage or substantially and avoidably injure fish, wildlife, or their
habitats. r
The Tentative Parcel Map has been reviewed under the California Environmental Quality D
Act, and a Mitigated Negative Declaration is proposed. Mitigation measures have been Z
included which reduce potential impacts to less than significant levels.
Z
f. The design of the subdivision or type of improvements is not likely to m
cause serious public health problems.
v
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.
v
g. The design of the subdivision or type of improvements will not m
conflict with easements, acquired by the public at large, for access
through or use of the property within the proposed subdivision. C
There are no known public easements or access across the subject property, therefore the m
design of the subdivision will not conflict with easements for access through or use of the r
property. Any utility easements should be able to be accommodated within the project O
design.
Findings for the Resort Combining Zone
The project is located within the Resort-Combining overlay zone. Section 92.25.00 of
the Zoning Code states that: M
"...the planning commission (shall) make findings that the proposed use is Z
compatible with its surroundings and that the site in question is not -I
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
close proximity to the City's Convention Center and fronts Tahquitz Canyon Way, which _
is the primary route connecting tourists from the Palm Springs International Airport with
the Downtown and Central Business District. The commercial serving buildings will be N
located along this major thoroughfare with the residential component setback. —�
Currently much of the surrounding land is vacant. The project design could be deemed A
to be compatible with its surroundings since there is no unifying theme or architectural
style to the existing buildings near the site. 0
CONCLUSION:
Staff notes that the proposed project is a "close call" as the proposed assisted living
facility use may not be proper for the development area around the City's Convention
Center. It would eliminate approximately five acres of developable raw land for tourist-
15
City Council Staff Report
November 7, 2012—Page 16
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
related activities envisioned in this area of the City. However, the Planning Commission
did unanimously approve the project and recommend approval by City Council. r
ENVIRONMENTAL DETERMINATION: D
Z
The Planning Department has reviewed this project under the provisions of the
California Environmental Quality Act (CEQA), and determined that the project had the Z
potential for significant impacts, but that the impacts would not be significant in this case m
because project modifications or mitigation measures incorporated into the Initial Study
reduce impacts to less than significant levels. A Mitigated Negative Declaration was 0
prepared and distributed to the City Council for the original project. 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 p
adopted mitigated negative declaration. m
The proposed project has been conditioned to require that it participate in a public C
safety CFD or other funding mechanism, should such a program be implemented by the m
City. The addition of this condition of approval is equivalent to a mitigation measure,
and assures that the proposed project will mitigate, on a "fair share" basis, its impact on r
the City's Fire Department. The inclusion of this condition of approval does not O
significantly change the analysis in the Initial Study for this project, and does not as a
result, require the recirculation of the Initial Study.
The applicant has also submitted a revised traffic study dated August 17, 2012 which
identifies that traffic impacts for the amended PDD are less than those of the previous DTI
project scope and thus does not require recirculation of the initial study. This study Z
revised the mitigation measures on traffic impacts.
NOTIFICATION:
A notice was mailed to all listed property owners within a four hundred foot radius in
accordance with state law. As of the writing of this staff report, staff has not received
any correspondence from the public. _
FISCAL IMPACT: No fiscal impact. Cn
r
r , Thomas Wilso Assistant City Manager
re Volof Plan mg ervices n
David H. Ready, CjI anager
� s
City Council Staff Report
November 7, 2012—Page 17
Case No. 5.1160 PDD 341 &TPM 35989 AMND B—Vivante Palm Springs
Attachments:
- 400' Radius Vicinity Map r
- Draft Resolution and Conditions of Approval
- Draft Ordinance for City Council for PDD in lieu of Change of Zone D
- Planning Commission Staff Report (without attachments) Z
- Site Plan, elevations, landscape plan, perspective images
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Parcels
CITY OF PALM SPRINGS
CASE NO: 5.1160 PDD 341 DESCRIPTION: An amendment to a previously
AMND B /TPM approved PDD and TPM application adding
35989 AMND B assisted living facilities to the permitted uses
within the PDD, changing the Parcel Map from a 4
APPLICANT: Nexus Development lot map to a 3 lot map, and seeking relief from
(O & M Tahquitz, LLC) certain development standards for a 9.9 acre
project located at the northwest corner of
Tahquitz Canyon Way and Hermosa Drive in
Section 14 (IL), Zone RA.
1
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING CASE
5.1160 PD 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, AND
APPROVING CASE 5.1160 PDD 341 (AMND B) AND
AMENDED TENTATIVE PARCEL MAP 35989 FOR THE
SUBDIVISION OF ROUGHLY 10-ACRES INTO THREE
LOTS AND DEVELOPMENT OF AN ASSISTED LIVING
FACILITY AND THREE COMMERCIAL BUILDINGS ON
APPROXIMATELY 10 GROSS ACRES OF LAND
LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ
CANYON WAY AND HERMOSA DRIVE.
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
19
Resolution No.
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.
20
Resolution No.
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
mu(TPM 35989) Maxim Proposed Maximum Proposed
Gen. Plan and Gen. Plan and
Spec. Plan Spec. 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.
21
Resolution No.
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
22
Resolution No.
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 7TH DAY OF November, 2012.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
z 3-
Resolution No.
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. 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
Resolution No.
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. Proiect 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.
25
Resolution No.
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
26
Resolution No.
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 112% 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.
27
Resolution No.
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.dfg.ca.gov for more information.
ENV 2. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the negative declaration or EIR
will be included in the plans prior to Planning Commission consideration of
the environmental assessment. 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
28
Resolution No.
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;
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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. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
PLN 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.
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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. 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.
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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.
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-tum and left-turn ingress and
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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-tum 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.
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.
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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.
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.
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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
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
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Resolution No.
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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'/z 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.
ENG 27. The gated entry proposed at the northeast comer 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
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
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Resolution No.
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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
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
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Resolution No.
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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
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
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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
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.
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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 back-fill, 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).
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
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Resolution No.
Page 23
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
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
. 41
Resolution No.
Page 24
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
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
� C
Resolution No.
Page 25
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 comer 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.
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.
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Resolution No.
Page 26
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 0) 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
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.
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Resolution No.
Page 27
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.
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"xl 1" 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
45
Resolution No.
Page 28
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.
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.
46
Resolution No.
Page 29
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
lbs.
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.
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
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Resolution No.
Page 30
padlock or chain (maximum link or lock shackle size of '/ 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
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)
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Resolution No.
Page 31
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 or903.3.1.3.
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
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 hom/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
Resolution No.
Page 32
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.
FID 23 Turning radius (CFC 503.2.4): Fire access road turns and comers 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.
t-
Resolution No.
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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 A17.1.
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.
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
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Resolution No.
Page 34
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
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF PALM
SPRINGS, CALIFORNIA APPROVING AN AMENDMENT
(AMND B) TO CASE 5.1160 PDD 341 & TPM 35989; A
PLANNED DEVELOPMENT DISTRICT IN LIEU OF A
CHANGE OF ZONE FOR AN APPROXIMATELY 10-ACRE
PARCEL AT THE NORTHWEST CORNER OF TAHQUITZ
CANYON WAY AND HERMOSA DRIVE; SECTION 14.
WHEREAS, Vivante Palm Springs, LLC. ("the Applicant') filed an application
pursuant to Zoning Section 94.07.00 (Zone Map Change /Change of Zone) and
Section 94.03.00 (Planned Development District) to amend PDD 341 to become
a Planned Development District in lieu of a Change of Zone for an approximately
10-acre parcel at the northwest corner of Tahquitz Canyon Way and Hermosa
Drive, identified as APNs 508-070-028 & 508-070-040; and
WHEREAS, the applicant submitted an application pursuant to Title 9 of the Palm
Springs Municipal Code and Section 66474 of the California Subdivision Map Act
to amend Tentative Parcel Map 35989 from a four-lot subdivision to a three-lot
subdivision, affecting the same parcel as PDD 341, and
WHEREAS, a notice of public hearing for Case 5.1160 PDD 341 AMND B / TPM
34989 AMND B was given in accordance with applicable law; and
WHEREAS, on September 26, 2012, a public meeting on Case 5.1160 PDD 341
AMND B / TPM 35989 AMND B 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") An Initial Study was
conducted and the project was found to cause potentially significant impacts to
the environment. Mitigation measures have been proposed reducing any
potentially significant impacts to less than significant. The applicant has agreed
in writing to all proposed mitigation measures. A Notice of Intent to Adopt a
Mitigated Negative Declaration was prepared and circulated for public comment
for a period of 20 days. No new information was discovered that would require
further analysis under 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 PDD in lieu of
Change of Zone and to recommend its approval by Ordinance of the City Council
Ordinance No.
Page 2
and approval of the amendment to the Tentative Parcel Map by Resolution,
subject to Conditions of Approval.
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1160 PDD 341 AMND B / TPM 35989 AMND B, was
given in accordance with applicable law; and
WHEREAS, on November 7, 2012, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and,
WHEREAS, a Planned Development District in lieu of a Change of Zone is
adopted by ordinance and includes two readings and a thirty-day period before it
is effective; and
WHEREAS, an ordinance was prepared for two readings before Council for the
approval of Case 5.1160 PDD 341 AMND B /TPM 35989 AMND B, and
WHEREAS, at said public hearing the City Council considered Case 5.1160 PDD
341 AMND B / TPM 35989 AMND B, including the staff report, the associated
MND, and all written and public testimony.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to CEQA, the City Council hereby adopts the
Mitigated Negative Declaration as an adequate analysis of the potential
environmental impacts of the proposed Change of Zone and Tentative Parcel
map. The City Council further finds that with adoption of the proposed mitigation
measures, all potentially significant impacts will be reduced to less than
significant impacts.
SECTION 2: Pursuant to Zoning Code Section 94.07.00 (Change of
Zone), "the council in reviewing a proposed change of zone shall consider
whether the following conditions exist in reference to the proposed zoning of the
subject property".
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 project is located within the Tourist Resort Commercial land use designation
of the General Plan. Commercial and entertainment uses are encouraged and
54
Ordinance No.
Page 3
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.
2. 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.
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
1,500 sq. ft. of lot 1,674 sq. ft. of lot
area per unit area per 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
8 2) 0.38
The subject site conforms to the density and FAR requirements of the General
Plan and Section 14 Specific Plan.
3. 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.
A set of conditions of approval are attached as Exhibit "A".
Ordinance No.
Page 4
SECTION 3. Pursuant to California Law, an ordinance was prepared for
two readings before Council for the approval of Case 5.1160 PDD 341 AMND /
TPM 35989 AMND and a thirty-day waiting period before it is effective allowing
the approval of the ordinance.
SECTION 4. The City Council adopts an ordinance to approve the zone
map change which changes the land use classification / zoning designation from
REO (Retail Entertainment-Office to RA (Resort Attraction) and PDD 341 for a
roughly 10-acre parcel at the northwest comer of Tahquitz Canyon Way and
Hermosa Drive in conjunction with Case 5.1160 PDD 341 AMND B / TPM 35989
AMND B.
SECTION 5. Effective Date: This Ordinance shall be in full force and
effect thirty (30) days after passage.
SECTION 6. Publication: The City Clerk is hereby ordered to and
directed to certify to the passage of this Ordinance, and to cause the same or
summary thereof or a display advertisement, duly prepared according to law, to
be published in accordance with law.
ADOPTED this 7th day of November, 2012.
MAYOR
ATTEST:
City Clerk
Ordinance No.
Page 5
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 Ordinance No. is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on
and adopted at a regular meeting of the City Council held on by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California \
57
'O
O�QALM SAR r
-y D
(J N Z
4
441FORN' Planninq Commission Staff Report m
-- v
Date: September 26, 2012
Case No.: 5.1160, PD 341 AMND B; TPM 35989 AMND
Application Type: Amendment to a previously approved Preliminary Planned Ill
Development District and amendment to a Tentative Parcel C
Map m
'Location: Northwest corner of Tahquitz Canyon Way and Hermosa r
Drive.(1112 & 1122 East Tahquitz Canyon Way) O
Applicant: O & M Tahquitz, LLC. (Nexus Development)
General Plan: Tourist Resort Commercial and Section 14 Specific Plan
m
Zone: REO / C-1-AA (Retail/Entertainment/Office) / (Large Scale
Retail/Commercial Zone) Z
--I
APNs: 508-070-028 & 508-070-040
From: Craig Ewing, AICP, Director of Planning Services
Project Planner: David A. Newell, Associate Planner
N
PROJECT DESCRIPTION X
In 2009, O & M Tahquitz, LLC. received Final Development Plan approval for Planned
Development District (PDD 341) and Tentative Parcel Map (TPM 35989) for a project n
called "Convention Center Commons'. The project included two hotels and three
commercial/retail/office buildings on approximately 10 acres at the northwest corner of
Tahquitz Canyon Way and Hermosa Drive. The applicant never developed the project.
The applicant is now seeking an amendment to the approvals to develop the 10-acre
i� site with the following:
\\ 1. An assisted living facility containing 132-units within a 2-story, 145,000-square
q
�s
Planning Commission Staff Report September 26,2012
Case:5.1160-PD 341 AMND B and AMND of TPM 35989 Page 2 of 18
foot building on the northerly half of the site;
2. A total of 26,120 square feet of retail, restaurant and office space within three r
separate buildings on the southerly half of the site (same heights, sizes and
architecture as current approvals);
3. Associated open space, landscaping, parking, off-street loading and trash Z
enclosures.
Z
The amendment applications include: rn
1. A preliminary PDD in lieu of a Change of Zone seeking:
a. The addition of Assisted Living Facilities as a permitted use to PD 341;
b. Approval of deviations in development standards for the zone and Section
14 Specific Plan;
c. Preliminary Development Plan approvals for the mixed-use project;
2. An amendment of TPM 35989 to split the roughly 10-acre parcel into three lots.
m
RECOMMENDATION C
rn
That the Planning Commission: r
• . Re-adopt the Mitigated Negative Declaration (MND) and recommend re-
adoption of the MND by the City Council;
• Approve the amended Preliminary Planned Development District 341;
including the allowance of an assisted living facility within PD 341, the rn
proposed deviations to the Zone / Specific Plan and the Preliminary
Development Plans; Z
• Recommend approval by the City Council of the amended Preliminary
Planned Development District 341 as a PD in lieu of zone change;
• Recommend approval by the City Council of the proposed amendment to
Tentative Parcel Map 35989 changing the map from a four-lot subdivision to a
three-lot subdivision, for a roughly 10-acre parcel; subject to the attached —
conditions of approval.
PRIOR ACTIONS
On August 13, 2008, the Planning Commission adopted a Mitigated Negative
Declaration and voted to approve the Preliminary PDD and to recommend approval by
the City Council of Case 5.1160 PDD 341 "Convention Center Commons" and Tentative
Parcel Map 35989 subject to conditions of approval.
On September 17, 2008 the City Council adopted a Mitigated Negative Declaration and
approved the preliminary Planned Development for Convention Center Commons.
55
Planning Commission Staff Report September 26,2012
Case:5.1160--PD 341 AMND B and AMND of TPM 35989 Page 3 of 18
On January 28, 2009, the Planning Commission voted 7-0 to approve the Final PDD for r
Convention Center Commons.
On November 9, 2010, the Planning Commission approved a Time Extension on the Z
original entitlement of the Final PDD for Convention Center Commons. The request for
a one year time extension was granted from January 28, 2011 to January 27, 2012. Z
On December 14, 2011, the Planning Commission denied an amendment request to PD M
341 for a 132-unit assisted living facility on approximately 4.62 acres of the original PD.
On February 8, 2012, the Planning Commission approved a Time Extension on the
original entitlement of the Final PDD for Convention Center Commons. The request for
a one year time extension was granted from January 28, 2012 to January 27, 2013. 0
On July 24, 2012, the applicant submitted the current PD amendment application. M
C
On August 20, 2012, the Architectural Advisory Committee (AAC) reviewed the m
proposed amendment and voted 5-0 to recommend approval to the Planning
Commission, subject to the following: r
1. Consider incorporating dog park into assisted living facility amenities; 0
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; M
6. Retail along Tahquitz Canyon Way to be more pedestrian-oriented; Z
7. Ensure landscaping is pet friendly;
8. Remove fence around unit courtyards from plans since no longer proposed; —�
9. Provide better pedestrian access between assisted living facility and commercial
buildings.
See AAC Review under the Staff Analysis section below. 0
BACKGROUND AND SETTING
In 2008, "Convention Center Commons" was approved as a Planned Development —�
District and Tentative Parcel Map; proposing development of two, four-story hotels
totaling over 300 guest rooms and three, one- and two-story commercial buildings
totaling over 26,000 square feet on four separate parcels totaling roughly 10 acres at the northwest corner of Tahquitz Canyon Drive and Hermosa Drive. The project 0
proposed several buildings, surface parking, landscaping and a shared center driveway
and porte-cocheres for the two hotels as shown on the conceptual site plan below.
60
Planning Commission Staff Report September 26,2012
Case:5.1160—PD 341 AMND B and AMND of TPM 35989 Page 4 of 18
Itllf �� *'1Vw1�," 7Lo
11°f:��lllff �-
i
e �
f -
r Y r
SITE PLAN OF FORMER"CONVENTION CENTER COMMONS"
Due to economic conditions the project has not been developed. A subsequent
amendment was submitted and included only the proposed assisted living facility on the
westerly half of the site, but this request was ultimately withdrawn after a denial by the M
Planning Commission. The site is still vacant. z
N
CONVENTION
CENTER
SITE
n
--I
AERIAL PHOTO SHOWING SITE AND SURROUNDING LAND USES
r`
Planning Commission Staff Report September 26,2012
Case:5.1160-PD 341 AMNO B and AMND of TPM 35989 Page 5 of 18
The site is located approximately two blocks east of the Convention Center and is within 'O
the boundaries of the Section 14 Specific Plan. Tahquitz Canyon Way is a major r
divided thoroughfare on the City's General Plan Circulation Map and Hermosa Drive is a
two-lane collector. D
The table below denotes the existing surrounding land uses, zoning and General Plan
Z
Land Use Designations. Z
Existing Land Zoning Map Designation General Plan Designation M
Use
Site Vacant REO (Retail/Entertainment/Office), Tourist Resort Commercial
Part of Catalyst Opportunity Site"A"
North Vacant RA(Resort Attraction), Tourist Resort Commercial
Part of Catalyst Opportunity Site"A",
South Tribal Cemetery ! REO (Retail/Entertainment/Office) Tourist Resort Commercial
Office Uses and C (Cemetery)
East Courtyard by RA(Resort Attraction) Tourist Resort Commercial M
Marriot Hotel C
West Vacant REO Retail/Entertainment/Office Tourist Resort Commercial
M
PROJECT DESCRIPTION r
O
This proposal seeks to amend the current PD 341 approval by retaining the southerly
half of the site with the three commercial buildings as approved, eliminating the two
hotel projects on the northerly half of the site and constructing the proposed 132-unit
assisted living facility in place of the two hotels. The proposed site plan is below. m
PhAi 1•-.......-
,l
( 4
u 5 g
{
R `
} i _i A�oznaA VI
G w sir t
� 4 LL
'rtt:�rfrrf= z" R
n
3i
i } h1Y+CM VAY
' rrm
62
Planning Commission Staff Report September 26,2012
Case:5.1160—PD 341 AMND B and AMND of TPM 35989 Page 6 of 18
The assisted living facility is proposed to be a roughly 145,000-square foot, two-story
building on a roughly five acre (221,245 square feet) parcel. The project proposes 132 r
dwelling units with a mix of studio, one and two bedroom floor plans at a density of 26 D
dwelling units/acre. There are a total of 154 bedrooms.
The building, designed in a contemporary style with simple flat two-tone stucco Z
volumes, balconies and horizontal shade elements and a flat roof, is arranged around Z
several courtyards. The main entrance into the building is accessed from a circular m
vehicular drive located at the center side of the parcel, accessed from the proposed
main parking area and paved, central driveway. The assisted living facility will be gated 0
along the side and rear perimeters with an ornamental fence; this will restrict vehicular
and pedestrian access around the facility. Most of the first floor residential units have
small outdoor patios enclosed by low landscape fences and many of the units on the
west side of the second floor have small balconies with tempered clear glass railings.
The assisted living facility provides a variety of common areas for residents including an m
indoor pool, dining facilities (served by a commercial kitchen facility), activity rooms, as
well as various treatment rooms and an administrative office suite. Outdoor recreational
and gathering spaces include the courtyards where there is a bocce ball court, a putting m
green, a small dog park and other recreational and therapeutic amenities. r
The retail/commercial component of the development will consist of three different 0
structures ranging from 22 to 30 feet in height with parapet walls exceeding these 'p
heights. Building 1 is a one-story structure located at the southeasterly portion of the
site along Tahquitz Canyon Way. This one story building is approximately 7,480 square
feet in size, and approximately 22 feet high (including parapet). m
Building 2 is a proposed two-story structure that is approximately 9,680 square feet in Z
size and located at the southeasterly corner of the site along Hermosa Drive. The first
floor of this building is designed for retail/commercial uses; the second floor is an office
space that will be occupied by the developers of the project. The structure will be 29'-6"
high (excluding parapet).
Building 3 is a one-story structure located at the southwesterly portion of the site along 10
Tahquitz Canyon Way; this building is approximately 8,960 square feet in size and 22
feet high (including parapet). N
Outdoor seating and dinning areas are proposed at both ends of each of the
commercial buildings.
ANALYSIS
The project is comprised of the following components:
1. A preliminary PDD in lieu of a Change of Zone seeking:
a. To add assisted living facilities as a permitted use within the PDD
b. Approval of deviations in development standards for the zone and Specific
Planning Commission Staff Report September 26,2012
Case:5.1160—PD 341 AMND B and AMND of TPM 35989 Page 7 of 18
Plan,
c. Approval of Preliminary Development Plans (site plan, building plans, r
elevations, color and materials, landscaping, parking, and usable open
space), and
2. An amendment to Tentative Parcel Map 35989 changing the map from a four-lot Z
subdivision to a three-lot subdivision for a roughly 10-acre parcel at the Z
northwest corner of Tahquitz Canyon Way and Hermosa Drive. m
General Plan: v
The General Plan land use designation for the site is Tourist Resort Commercial (0.35
FAR). From Page 2-6 of the 2007 General Plan, this land use designation is defined as
follows:
v
This land use designation provides for large-scale resort hotels and m
timeshares including a broad range of convenience, fitness, spa, retail,
and entertainment uses principally serving resort clientele. Commercial
recreation and entertainment facilities, such as convention centers, RI
museums, indoor and outdoor theatres, and water parks are included in
this designation, but should be designed to be compatible with r
neighboring development. Tourist Resort Commercial facilities are most O
appropriate in the Palm Canyon Drive and Tahquitz Canyon Drive
corridors. It is intended that the primary use in any Tourist Resort 'O
Commercial area shall be hotel/tourist-related uses, if residential uses are
proposed within the Tourist Commercial Designation (timeshares,
condominiums, etc.) they shall be a secondary use ancillary to the m
proposed hotel uses and shall not exceed a maximum of 30 dwelling units Z
per acre. Permanent residential uses and commercial activities are
allowed subject to approval of a planned development district. —�
The proposed project includes a mix of commercial and residential uses under a
planned development district application. The commercial component will be located
along Tahquitz Canyon Way, and the residential component will be set back
approximately 300 feet from Tahquitz Canyon Way. It should be noted, however, that
the proposed residential use does not implement the General Plan in terms of
supporting and strengthening the City's efforts to encourage large-scale private hotel N
development on the few remaining large lots in close (walkable) proximity to the
convention center. Approval of an assisted living facility at this location removes five
acres from possible future development for tourist-hotel-entertainment-convention
center-related uses.
n
Additionally, it should be noted that the Fire Department has indicated that this type of
use (assisted living facilities) in the City has an average of 100 calls for emergency
medical service annually. Thus, more than usual siren noise would impact the tourist
and convention center uses in the surrounding area.
Planning Commission Staff Report September 26,2012
Case:5.1160-PD 341 AMND B and AMND of TPM 35989 Page 8 of 18
The General Plan limits commercial development to a 0.35 floor area ratio (FAR) and
residential development to 30 dwelling units per acre. The following table summarizes r
the project's conformance to these requirements: D
Proposed Parcel FAR Density Z
(TPM 35989) Maximum I Proposed Maximum Proposed
1 Assisted Living) N/A 30 d.u. / ac. 26 d.u. / ac. Z
2 (Comm. Bldg. 3) 0.35 0.11 N/A m
3 Comm. Bldg. 1 & 2 0.35 10.23 N/A v
The project conforms to the General Plan's FAR and Land Use Density requirements.
Section 14 Specific Plan
The Section 14 Specific Plan Land Use classification for the subject site is "REO" 0
(Specialty Retail, Entertainment Office). Permitted uses in the REO land use m
classifications are outlined in Section 6.1.1, of the Section 14 Specific Plan. While
mull-family residential is permitted with the approval of a Conditional Use Permit, C
Assisted Living Facilities are not listed as a permitted use in this land use classification. m
Thus, with the PDD amendment, the applicant is seeking approval to add assisted living
facilities to the list of permitted uses within the PDD. r
Commercial uses are permitted within the REO classification, including the proposed 0
office, retail and restaurant uses. All future restaurant uses and outdoor dinning will
require the approval of a Land Use Permit pursuant to the Specific Plan requirements.
Planned Development District in lieu of Change of Zone: M
Pursuant to Section 94.03.00 (Planned Development District) and Section 94.07.00 Z
(Zoning Map Amendment / Change of Zone) of the Zoning Code, the Planned
Development District is designed to provide various types of land use that can be
combined in compatible relationship with each other as part of a totally planned
development. It further states, `it is the intent of this district to insure compliance with
the general plan and good zoning practices while allowing certain desirable departures
from the strict provisions of specific zone classifications." p
The applicant is requesting approval to amend the PDD to a PDD in lieu of a Change of N
Zone. Required findings are outlined later in this staff report. The PDD is also seeking
to deviate from the Specific Plan and Zoning Code development standards as follows: -I
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) n
and rear property line is ten feet; required setback is twenty feet for both cases. .�
4. Landscape treatment and sidewalk along Tahquitz Canyon Way not consistent
all Specific Plan requirements.
The table below compares the proposed project against the development standards of
the Specific Plan and the Zoning Code.
65
Planning Commission Staff Report September 26,2012
Case:5.1160—PD 341 AMND B and AMND of TPM 35989 Page 9 of 18
Comparison of Required and Proposed Development Standards r
D
REO Zone Proposed PDD-341 Z
Density(pursuant Commercial: 0.38 FAR Commercial: 0.16 FAR(conforms)
Section 14 Specific Residential: Min. of 1,500 s.f. of lot area Residential: 132 dwelling units on 5.08 net Z
Plan Section 6.2.1) for each residential unit acres = 1,674 sq.ft. per dwelling m
conforms
Height per 6.2.3 30 feet 22-30 feet conforms v
Compatibility with Rear and side walls of bldgs. shall be Articulation is provided to all sides of the
surrounding treated with equivalent design quality as buildings (conforms)
development 6.2.6 the frontage
Primary Frontage Tahquitz shall be the primary frontage Focal entry and access to the project is
(per 6.2.7 from Tah uitz Can on Way conforms v
Ground Floor 75% of the first floor primary frontage Pedestrian access is provided near entry
Treatment(per shall be pedestrian entrances, display driveways and at the street corner. m
6.2.8) windows and other features that provide Display windows and landscape provide
visual interest additional visual interest conforms
Pedestrian Access Direct access from the bldg. to Tahquitz Pedestrian linkage to site and internally is
(per 6.2.9 provided throu hout conforms M
Building Location Locate bldgs. as close to the front The bldg. is setback 22 to 30 feet from the r
(per 6.2.10 setback as possible front property line conforms
Front yard setback 20 feet 29 feet, 10 inches (conforms) Q
per 6.2.11
Features Required - Minimum 2 feet decorative paving as Missing two feet of flagstone decorative 'D
in the front setback an extension of the public sidewalk; paving adjacent entire sidewalk along
(per 6.2.11.1)See w/border on the property side Tahquitz Canyon Way.
also Section 5.2.1 - Adjacent to border on property side, Missing distinctive benches and other rn
for Tahquitz boulders, desert landscaping or street furniture.
Canyon Way space for public art (does not conform) Z
frontage features - Tribal cultural interpretative features
Side and rear yard 20 feet Buildings are 20 to 71 feet from Hermosa .i
setbacks(per property line; 76 feet from rear property
6.2.12) line; and 55 feet from interior side property
line(conforms)
Carports are proposed approximately 10
feet from rear and street side yard property
lines does not conform
Rear yard setbacks 20 feet 62 feet(conforms)
per 6.2.13 N
Landscaped Open 30% 44% (conforms)
Space(per 6.2.14
Minimum Lot Area Two gross acres Lot 1: 5.31 gross acres (conforms)
(per 6.2.15) Lot 2: 2.31 gross acres (conforms)
Lot 3: 2.31 gross acres conforms
Signage(per Per PSZO No signage proposed as part of this
6.2.16) application (separate application is
anticipated for monument and bldg. signs) ...�
Exterior Lighting Indirect or shielded; comply with PSZO Site Lighting will be conditioned to
(per 6.2.17 conform.
66
Planning Commission Staff Report September 26,2012
Case:5.1160—PD 341 AMND B and AMND of TPM 35989 Page 10 of 18
Comparison of Required and Proposed Development Standards (continued)- r
REO and RA zones Proposed PDD-341 Z
Off-street Parking No parking fronting Tahquitz Canyon Parking is set back roughly 60 feet from
(per 6.2.18) Way; design to be consistent with PSZO. Tahquitz. Parking along Hermosa to be Z
-Assisted Living Facilities: 1 space per screened by four foot high block wall;
2 beds or 1/1,000 s.f. of bldg area; plus 1 (conforms) m
space per 3 staff. Assisted Living: 161 spaces required. v
-Commercial: 1 space per 325 s.f. of Commercial: 80 spaces(if restaurant
floor area (including restaurant uses up space totaled 6,530 s.f. between all 3
to 25% of floor area; additional bldgs.)
restaurant space may require additional Total Provided: 379 spaces.
parking) conforms v
Service Areas(per Access to service shall not be provided Access can be taken from Hermosa
6.2.19) from Tahquitz Canyon Way conforms m
Loading and Trash Consistent with PSZO Trash enclosure and loading docks
per 6.2.20 provided conforms
Section 14 Streetscape Guidelines M
Section 5.2.1 of the Specific Plan has streetscape guidelines for Tahquitz Canyon Way 1-
that include street trees, landscaping, custom street light fixtures, and decorative 0
sidewalk pavers with an "Indian Culture and Art Walk" that would be developed from
Sunrise to Indian Canyon Drive. The proposed project design currently does not 'p
include all of these features. A condition of approval has been included requiring the
project to integrate these features into the street-front design.
m
Off-Street Parking
Parking for the overall 10-acre complex is predominately proposed within the center of Z
the southerly half. Covered parking via carports is proposed on the northerly and —�
easterly sides of the assisted living facility (within the security fence area). A total of
379 parking stalls are proposed.
Assisted Living Parking: Pursuant to the Palm Springs Zoning Code (PSZC), Assisted 0
Living Facilities require one off-street parking space for every two beds or one space
per 1,000 square foot of facility (whichever is greater), plus one space for every three
employees. The project proposes a mix of units with a total of 154 bedrooms and is CO)
145,000 gross square feet. One hundred forty five (145) spaces are required for
residents given the square footage of the facility. There are typically 48 staff persons
estimated at a typical shift, requiring another 16 spaces for staff for a total of 161
spaces. —
n
Commercial Building Parking: Section 6.2.18 (Off-Street Parking), of the Section 14
Master Plan states..."Mixed-use developments exceeding 20,000 square feet shall
provide 1 space for each 325 square feet of gross floor area. Additional parking need
not be provided for restaurants, provided that no more than 25% of the total floor area of
the whole complex is devoted to restaurant use". A total of 80 parking spaces would be
57
Planning Commission Staff Report September 26,2012
Case:5.1160—PD 341 AMND B and AMND of TPM 35989 Page 11 of 18
required for the commercial building area, if restaurant space is limited to 6,530 square
feet. i—
In this proposal, the restaurant space is shown to range from 16,215 to 21,425 square
feet of the overall 26,120-square foot commercial floor space (or approximately 62% to Z
83% of the total commercial floor area). Therefore, additional parking is required for the
excess restaurant space over 25%, unless the Planning Commission determines Z
otherwise'. Pursuant to Section 93.06.00(D)(30) of the Zoning code, one space per 35 M
square feet of floor area where the public is served or one space per three seats is
required for restaurant uses. Since there are a total of 138 parking spaces in excess of 0
the above requirements, staff recommends that the total commercial space devoted to
restaurant uses be limited to a square footage of 11,360 square feet. This allows the
25% allotment and an additional 4,830 square feet (4,830 / 35 square feet of floor area
= 138 spaces). Should the applicant wish to allow additional restaurant space in the
future, approval from the Planning Commission would be required pursuant to Section
93.06.00(D)(19) of the Zoning Code. M
Parking Lot Shading: The project proposes to shade 120 parking spaces via carports m
on the northerly and easterly side of the assisted living facility. In addition, shade trees
are proposed throughout the remainder of the parking areas and will provide shade for r
about 96 parking spaces. Thus, 216 parking spaces (approximately 57%) will be O
provided with shade, which conforms to the Zoning Code requirement of at least 50%
shading. -�
Off-street Loading and Trash
There are two designated loading spaces — one at the rear of the assisted living facility M
and one adjacent to Retail Building 3. Trash and recycling enclosures are proposed to Z
be accommodated in three areas on the site.
Access
Access into the site will be provided from four main points for vehicular access;
pedestrian linkage into the site is provided at the southeast corner of the site, at
Tahquitz Canyon Way and Hermosa Drive. Two points of access to the complex are
proposed along Tahquitz Canyon Way, where left in, right-in and right-out turns will be _
permitted. A median break is proposed for Tahquitz Canyon, but no left turns out of the
site will be allowed. Two additional points of entry to the site are proposed along the N
northerly and southerly portions of Hermosa Drive. Access to the loading dock areas will
be provided from the entrance on the southern side of Hermosa and the westerly
entrance along Tahquitz Canyon Way. X
Landscaping n
The landscape scheme proposes a variety of desert appropriate plant species. Street
trees along Tahquitz Canyon Way are proposed as a series of Palo Verde shade trees
' Pursuant to Section 93.06.00(D)(19) of the Zoning Code, the Planning Commission may increase the
percentage of floor area devoted to restaurant uses, "where it 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."
6
Planning Commission Staff Report September 26,2012
Case:5.1160-PD 341 AMND B and AMND of TPM 35989 Page 12 of 18
and Mexican Fan palm trees2. Date Palms are proposed along the main north-south
"entry drive" leading to the assisted living facility's drop off area. Palo Verde, Tipu and 17 .
Southern Live Oak (or Carob Tree, alternatively) species are proposed for shade in the
parking lot areas. Some perimeter trees include Afghanistan Pines and Shoestring
Acacias. The landscape plan will be conditioned to conform to the State's Water Z
Efficient Landscape Ordinance.
Z
AAC Review R1
The Architectural Advisory Committee (AAC) reviewed and endorsed the proposed the
proposed amendment, subject to the following: 0
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; 0
4. Revise the parking layout to comply with City standards; rTt
5. Provide additional parking lot shading;
6. Retail along Tahquitz Canyon Way to be more pedestrian-oriented; C
7. Ensure landscaping is pet friendly; m
8. Remove fence around unit courtyards from plans since no longer proposed;
9. Provide better pedestrian access between assisted living facility and commercial r
buildings. O
In response to the above, the applicant has:
• Included a small dog park area in the parking area near the assisted living
facility's main entry.
• Installed additional pop-outs and aluminum shading devices on the east R1
elevation; Z
• Revised the parking layout to comply with City standards;
• Provided additional parking lot shading; -I
Removed the fence around courtyards and provided access to the pedestrian
and parking areas around the assisted living facility;
Detailed architectural drawings that will include site plans, elevations, floor plans, roof 0
plans, grading plans, landscaping and irrigation plans will be presented to the AAC for _
review upon submittal of final development plans. The final PD plans for the project will
be presented to the Planning Commission for review and approval at a later date.
--1
Resort Combining Zone
The project is located within the Resort-Combining overlay zone. Section 92.25.00 of
the Zoning Code states that:
n
,,all multiple-family dwellings (including, but not limited to, apartments,
group housing projects, boarding and lodging houses, and condominiums)
shall be permitted only by conditional use permit. Such permit is subject
2 Pursuant the 2007 General Plan, for street trees, Mexican Fan Palms are to be phased out in favor of
California Fan Palms.
69
Planning Commission Staff Report September 26,2012
Case:5.1160-PD 341 AMND 8 and AMND of TPM 35989 Page 13 of 18
to the planning commission making 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."
D
The Resort overlay is intended to provide for accommodations and services for visitors Z
to the city while guarding against the intrusion of competing land uses. The Resort
Overlay finding is analyzed below. Z
Tentative Parcel Map M
The proposed Tentative Parcel Map divides the site into three lots. The design of the
Parcel Map is consistent with the design of the site for the project. Each of the three
parcels conforms to the two gross acre minimum required by the Section 14 Specific
Plan. Staff has reviewed the proposed Parcel Map in light of the required findings and
prepared recommended conditions contained in the attached draft resolution.
Public Benefit associated with Planned Development Districts m
The City Council adopted the policy, "Planned Development Districts and Public
Benefits" on September 17, 2008. Consequently, the Commission will review the PDD m
with regard to the public benefit that would be derived from the granting of relief from
the development standards requested therein. r
One of the primary factors in the public benefits policy is "proportionality", which is 0
stated, as follows:
The public benefit shall be proportional to the nature, type and extent of
the flexibility granted from the standards and provisions of the Palm m
Springs Zoning Code. Z
As noted above, the project is seeking relief from the following development standards --�
of the Specific Plan and Zoning Code:
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
all Specific Plan requirements. X
In considering the proportionality of the requested relief from the development —
standards against the public benefit created by those deviations, staff believes that the n
requested deviations are not significant in terms of the magnitude of relief sought from
the Specific Plan requirements and standards. As noted in the attached policy, among
the approved set of options the Commission may consider are:
• The project as Public Benefit
• Sustainability features.
70
Planning Commission Staff Report September 26,2012
Case:5.1160—PD 341 AMND B and AMND of TPM 35989 Page 14 of 18
• Off-site Improvements (Any other public improvements off the project site.) M
• Other. r
The applicant has proposed that the project itself will provide a significant public benefit, D
through the creation of additional sales tax and both temporary construction jobs and Z
permanent jobs. Also, the project provides housing for a specific segment of the
community that is growing as an overall percentage of the population. The facility will Z
provide specialized services for residents confronted with Alzheimer's, Vascular M
Dementia, Parkinson's and other related diseases by the creation of forty (40) Memory v
Care designated units with around the clock nursing staff specially trained in these
conditions.
Staff will incorporate the Commissions' recommendations to the City Council on Public
Benefit into the proposed draft resolution of approval. 0
REQUIRED FINDINGS M
C
Planned Development District Findings m
Findings for a Planned Development District in lieu of a Change of Zone are found in
Zoning Code Section 94.07.00 (Change of Zone). The proposed project is evaluated r
against the findings as follows: 0
a. The proposed planned development is consistent and in conformity
with the general plan map and report.
The project is located within the Tourist Resort Commercial land use designation of the Ill
General Plan. Commercial and entertainment uses are encouraged and will be a part of Z
the PDD. Permanent residential uses such as an assisted living facility may be
approved in this land use area with a PDD according to the General Plan. However,
due to the close proximity to the City's convention center, the project does not
implement the General Plan's encouragement of building large scale hotels in areas
surrounding the convention center. With approval of the PDD amendment the project
and the use could be found to be consistent. 0
b. The subject property is suitable for the uses permitted in the N
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 0
from two streets.
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.
71
Planning Commission Staff Report September 26,2012
Case:5.1160—PD 341 AMND B and AMND of TPM 35989 Page 15 of 18
The following table summarizes the project's conformance to these requirements: r
Proposed Parcel FAR Density D
(TPM 35989) Maximum Proposed Maximum Proposed Z
Gen. Plan and Gen. Plan and
Spec. Plan Sec. Plan Z
I (Assisted Lvng.) N/A 30 d.u. / ac. and 26 d.u. / ac. and M
1,500 sq. ft. of lot 1,674 sq. ft. of lot
area per unit area per unit
2(Comm. Bldg. 3) 0.35 and 0.11 N/A
0.38
3(Comm. Bldg. 1 0.35 and 6.23 N/A
& 2) 0.38 v
The subject site conforms to the density and FAR requirements of the General Plan and m
Section 14 Specific Plan. C
C. The proposed establishment of the planned development district is M
necessary and proper, and is not likely to be detrimental to r
adjacent property or residents. 0
The Planned Development District in lieu of a Change of Zone and the introduction of
an assisted living facility may not be necessary and proper for the development of the
area around the City's Convention Center. Introducing the relatively quiet environment
of a residential assisted living facility into a district zoned for specialty retail, M
entertainment and convention center-based activity, may be detrimental and Z
incompatible to future development and "by right" uses adjacent to this site. Approval of
the PDD would allow a finding of consistency with this requirement. It is a "close call" to
conclude that the proposed project and residential use is supportive or complementary
to adjacent uses, including the Convention Center and tourist-related activities found in
this part of the City.
v
Findings for the Tentative Parcel Map _
Additional findings are required for the proposed Tentative Map pursuant to Section N
66474 of the Subdivision Map Act. These findings and a discussion of the project as it
relates to these findings follow: —I
a. The proposed Tentative Tract Map is consistent with all applicable A
general and specific plans.
0
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.
72
Planning Commission Staff Report September 26,2012
Case:5.1160-PD 341 AMND B and AMND of TPM 35989 Page 16 of 18
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 r
sidewalk. Tahquitz Canyon Way will be enhanced with a sidewalk and additional design D
elements consistent with Section 14 Specific Plan.
C. The site is physically suited for this type of development. Z
Z
The site is flat and surrounded by existing City streets and all municipal services and M
utilities. The site is physically suitable for this type of development.
v
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 0
REO land use designation for the project site. The site will be physically suited for the rn
proposed density of residential and commercial for each parcel.
C
e. The design of the subdivision is not likely to cause environmental m
damage or substantially and avoidably injure fish, wildlife, or their
habitats. r
The Tentative Parcel Map has been reviewed under the California Environmental Quality 0
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 M
cause serious public health problems. Z
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.
Cn
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. —
0
Findings for the Resort Combining 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
73
Planning commission Staff Report September 26,2012
Case:5.1160—PD 341 AMND B and AMND of TPM 35989 Page 17 of 18
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 r
large scale hotels, retail, commercial and entertainment uses. The proposed site is in
close proximity to the City's Convention Center and fronts Tahquitz Canyon Way, which Z
is the primary route connecting tourists from the Palm Springs International Airport with
the Downtown and Central Business District. The commercial serving buildings will be Z
located along this major thoroughfare with the residential component setback. m
Currently much of the surrounding land is vacant. The project design could be deemed
to be compatible with its surroundings since there is no unifying theme or architectural
style to the existing buildings near the site.
COMMENT ON RECOMMENDATION
Staff notes that the proposed project is a "close call" as the proposed assisted living m
facility use may not be proper for the development area around the City's Convention
Center. It would eliminate approximately five acres of developable raw land for tourist- m
related activities envisioned in this area of the City.
r
ENVIRONMENTAL ASSESSMENT O
The Planning Department has reviewed this project under the provisions of the TI
California Environmental Quality Act (CEQA), and determined that the project had the
potential for significant impacts, but that the impacts would not be significant in this case
because project modifications or mitigation measures incorporated into the Initial Study M
reduce impacts to less than significant levels. A Mitigated Negative Declaration has Z
been prepared, and previously distributed to the Planning Commission.
During public comment, the Fire Department expressed concern with the provision of
adequate service in the downtown area, and the long term preservation of the City's fire
insurance rating. The Fire Chief suggests three mitigation measures for the project.
However, the mitigation measures as proposed do not represent a "fair share'
assessment of responsibility to the proposed project. That is to say that a number of _
projects and proposed projects in the downtown area will contribute to the Fire
Department's needs for additional equipment, personnel, and facilities — not just the ca
proposed project. --I
The proposed project has been conditioned to require that it participate in a public X
safety CFD or other funding mechanism, should such a program be implemented by the —
City. The addition of this condition of approval is equivalent to a mitigation measure, 0
and assures that the proposed project will mitigate, on a "fair share" basis, its impact on
the City's Fire Department. The inclusion of this condition of approval does not
significantly change the analysis in the Initial Study for this project, and does not as a
result, require the recirculation of the Initial Study.
74
Planning Commission Staff Report September 26,2012
Case:5.1160—PD 341 AMND B and AMND of TPM 35989 Page 18 of 18
The applicant has also submitted a revised traffic study dated August 17, 2012 which
identifies that traffic impacts for the amended PDD are less than those of the previous r
project scope and thus does not require recirculation of the initial study. This study
revised the mitigation measures on traffic impacts. The applicant has agreed in writing
to the revised mitigation measures. Z
NOTIFICATION Z
A public hearing notice was advertised and was mailed to all property owners within 400 m
feet of the subject property/adjacent property owners. As of the writing of this report, v
staff has not received any comment.
The City was notified that because this is a major project within Section 14, the Indian
Planning Commission (IPC) will review the project and make a recommendation to the p
Tribal Council after the public hearing with the City's Planning Commission. The Tribal m
Council will submit its comments on the project to the City prior to the City Council's
hearing of the project. C
m
r
avid A.I Newell ing, O
Associate Planner Dir or of Pla i g Services
ATTACHMENTS:
1. Vicinity Map m
2. Draft Resolution Z
3. Conditions of Approval
4. Draft Ordinance for City Council for PDD in lieu of Change of Zone —�
5. City Council policy on Public Benefits for Planned Development Districts
6. Site Plans, Floor Plans, Elevations, Landscaping and Architectural
Massing & Amended Tentative Parcel Map 35989
v
0
-4
75
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
�oeMe•
City Council
Meeting Date: November 7, 2012
Subject: Convention Center Commons
Northwest Corner of Tahquitz Canyon Way and Hermosa Drive
AFFIDAVIT OF MAILING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was mailed to each and every
person on the attached list on October 25, 2012, in a sealed envelope, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (111 notices)
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun
on October 27, 2012.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the
City Clerk and on October 25, 2012.
1 declare under penalty of perjury that the foregoing is true and correct.
,L1r�atJTJ
Kathie Hart, CMC
Chief Deputy City Clerk
76
O�ppLM Spy
y city of Palm Springs
v m Office of the City Clerk
` 3200 E.Tahquitz Canyon Way • Palm Springs,CA 92262
TeL (760)323-8204 • Fax: (760)322-8332 • TDD: (760)864-9527 • Web: www.palmspringsca.gov
C90FOBN�P
October 25, 2012
Ms. Claudia Salgado
Bureau of Indian Affairs Fax To: Belinda Ray
P. O. Box 2245 (760) 416-2687
Palm Springs, CA 92263
RE: City Council Meeting — November 7, 2012
Public Hearing Notice— Northwest Corner of Tahquitz Canyon Way & Hermosa Drive
Dear Ms. Salgado:
The City Council will be conducting a public hearing at 6:00 p.m. on November 7, 2012, to
consider an amendment to a previously approved Planned Development District known as
"Convention Center Commons" located at the northwest corner of Tahquitz Canyon Way
and Hermosa Drive in Section 14. The amendment includes the addition of assisted living
facilities as a permitted use in the PDD, deviations in the underlying development standards
for the zone, and an amendment to the previously approved Tentative Parcel Map, reducing
the map from a four-parcel map to a three-parcel map. The 10-acre project is proposed to
be a 132-unit assisted living facility (2-stories in height and approximately 145,000 square
feet in size) and three commercial buildings (2 to 3 stories in height and approximately
26,120 square feet as previously approved).
I have enclosed copies of the notice for distribution and your file; however, please advise if
additional notices are required. The allotment numbers and corresponding APN within 400 feet
of the subject property are as follows:
APN Allotment APN Allotment
Number Number
508-070-034 75B, 76B 508-560-005—508-560-006 99B
508-070-038—508-070-039 71 B, 1 BA, 1 B 508-560-010 99B
508-070-048 1 BA, 1 B 508-560-013 99B
508-070-020 88B, 80B 508-100-019 T62B
508-071-041 95B, 97B 508-100-033—508-100-034 T98B, T1015
508-071-051 95B 508-071-048—508-071-049 95B
508-560-014 thru 508-560-017 99B 508-071-056—508-071-057 95B
508-070-050 1B 508-071-046 95B
508-560-023—508-560-024 99B 508-560-018 thru 99B
508-560-020
508-071-044—508-071-045 95B 508-071-052 95B
508-071-054— 508-071-055 95B 508-560-021 —508-560-022 99B
508-071-050 95B 508-560-025 99B
77
City Council Meeting—November 7,2012 October 25,2012
Public Hearing Notice—Northwest Corner of Tahquitz Canyon Way& Hermosa Drive
APN Allotment APN Allotment
Number Number
508-071-065 - 508-071-066 95B 508-071-058 95B
508-071-087 956, 97B 508-560-004 99B
508-100-040 T1027 508-560-007 thru 508- 99B
560-009
508-560-001 99B 508-560-011 —508-560-012 99B
508-100-038 T1027 508-071-053 958
Thank you for your continuous assistance and support. Please feel free to contact me if there
are any questions or concerns, 323-8206.
Sincerely,
�4
Kathie Hart, CMC
Chief Deputy City Clerk
/kdh
Encl: Public Hearing Notices (15 copies)
Envelopes (10 pre-stamped)
?8
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASES: 5.1160 PDD 341 AMND B AND TPM 35989 AMND
AN AMENDMENT TO A PREVIOUSLY APPROVED PLANNED DEVELOPMENT DISTRICT(PDD 341)
AND A TENTATIVE PARCEL MAP
LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY & HERMOSA DRIVE
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public
hearing at its meeting of November 7, 2012. The City Council meeting begins at 6:00 p.m., in the Council
Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider an amendment to a previously approved Planned Development
District known as "Convention Center Commons" located at the northwest corner of Tahquitz Canyon Way
and Hermosa Drive in Section 14. The amendment includes the addition of assisted living facilities as a
permitted use in the PDD, deviations in the underlying development standards for the zone, and an
amendment to the previously approved Tentative Parcel Map, reducing the map from a four-parcel map to
a three-parcel map. The 10-acre project is proposed to be a 132-unit assisted living facility (2-stories in
height and approximately 145,000 square feet in size) and three commercial buildings (2 to 3 stories in
height and approximately 26,120 square feet as previously approved).
ENVIRONMENTAL DETERMINATION: A Mitigated Negative Declaration was adopted for this project
under the guidelines of the California Environmental Quality Act (CEQA) on its original PDD approval. No
new information or impacts would occur that would change or add to the evaluation of environmental
impacts caused by the proposed project, thus no further environmental analysis is required.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding this
project are available for public review at City Hall between the hours of 8:00 a.m. to 11:00 a.m. and from
2:00 p.m. to 6:00 p.m., Monday through Thursday. Please contact the Office of the City Clerk at
(760) 323-8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public
Hearing and/or in writing before the hearing. Written comments may be made to the City Council by letter
(for mail or hand delivery) to:
James Thompson, City Clerk,
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised at the
public hearing described in this notice, or in written correspondence delivered to the City Clerk at, or prior,
to the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding
this case may be directed to David A. Newell, Associate Planner, at (760) 323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine
Fieger telefono (760) 323-8245.
e5James Thompson, City Clerk
79
Department of Planning Services w E
Vicinity Map +
RD
E TAHOUITZ CANYON WY
Legend
ARENAS RD
Site
400'Buffer
Parcels
CITY OF PALM SPRINGS
CASE NO: 5.1160 PDD 341 DESCRIPTION: An amendment to a previously
35989 AMND B assisted living facilities to the permitted uses
within the PDD, changing the Parcel Map from a 4
APPLICANT: Nexus Development lot map to a 3 lot map, and seeking relief from
(0 & M Tahquitz, LLC) certain development standards for a 9.9 acre
project located at the northwest corner of
Tahquitz Canyon Way and Hermosa Drive in
Section 14 (IL), Zone RA.
RO
v �
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
City Council
Meeting Date: November 7, 2012
Subject: Case 5.1160 PDD 341 —Vivante Palm Springs
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun
on November 3, 2012.
1 declare under penalty of perjury that the foregoing is true and correct.
�q �
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the
City Clerk and on November 1, 2012.
1 declare under penalty of perjury that the foregoing is true and correct.
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was mailed to each and every
person on the attached list on November 1, 2012, in a sealed envelope, with postage
prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (111 notices)
I declare under penalty of perjury that the foregoing is true and correct.
�LI-fah$
Kathie Hart, CMC
Chief Deputy City Clerk
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs, CA 92262
760-778-4578/Fax 760-778-4731
State Of California as: 2012 OCT 30 01 9- 05No zaB/
County of Riverside ( c 5, i; 1; .. NOTICE OF PUBLIC
CITY C 1 C R r, CRY OF PALM SPRINGS
CASES: 5.1160 POD 341 AMINO B AND TPM
35989 AMINO AN AMENDMENT TO A PREVI-
AdVertlser: ENT
DIIISTRICTLY (F APPROVED PLANNED
TENTATIVE PAR-
CORNER OFOTOAAHWOIIZAT.CANYON WAY&WI ER
CITY OF PALM SPRINGS/LEGALS MOSA DRIVE
PO BOX 2743 ' NOTICE IS HEREBY GIVEN that the CNy.Council
of the City of Palm Sp„nppee California will hold a
PALM SPRINGS CA 922632 p�uhuc heading at its meet9npbeoff Novemder7p,2012.
me Co oe ChMnber net Cgy�all,at 8:003200mEaet
Tahquhz Canyon Way,Palm Sp„nppa
The purpose of this hearing Is ro winsider an
arrren6rrent ro a previously roved Planned nte-
2000344407 =District„Imt IINaeQowesn or
Tehouez Canyon Way and Hermon Drive In Sea
0 14. The amendment Includes the addition of
rife d IMIg fadl3im m a permatm use In the
POD deNetlona la the underlying development
standards for the win,and an amendment to Me
PrevlaNy approved Tenteave Parcel Map,reduo
rig the map from a lour-parcel map to a three
peroel mmaapp. The 10em prcled Is proposed to be
a 132ana asserted IM fecillN ((�2-"w In
I am over the age of 18 years old, a citizen of the United height and approximatey�45,aoD square feet In
dze and three commercial buildings to 3 sto-
States and not a party to, or have interest in this matter. I On In ya approximately 26,120 square
fbloNaa
hereby certify that the attached advertisement appeared fast as preao
in said newspaper (set in type not smaller than non panel)
in each and entire issue of said newspaper and not in any �f o"°`�`�
supplement thereof on the following dates,to wit:
Newspaper: .The Desert Sun
10/27/2012
1=1
cnv ar rnw e>a,rvae
cam
I acknowledge that I am a principal clerk of the printer of ENVIRONMENTAL DETERMINATION:A Mligat-
The Desert Sun, printed and published weekly in the City adNegV Declaration was adopted for axe rq-
ac1 un me guidelines of the CaNamia EnwPron-
of Palm Springs, County of Riverside, State of California. mental Quality Ad(CEQA)on its original PDD ap'
proval. No new IMommalbn or unnacis would do-
The Desert Sun was adjudicated a newspaper of general our mat would charge or add tI u,a evaluation of
circulation on March 24, 1988 by the Superior Court of the environmental Impacts musedby the proposed
rprroq)uect..thus no further environmental anaysls is
County 0f Riverside, State of California Case No. Ired
REVIEW OF PROJECT INFORMATION: The
191236. dad report and of har supporting 04timents re-
aatt C�Hall plreM1vaean Ma hours off B W am to
11:00 a.m.and from 2:00 p.m.to 6: p„�
I declare under penalty of perjury that the foregoing is true I �mCCmaa°vvocark at
edaY' Pleads mrdectOffice
(760)323a204 H would like to schedule an
and correct. Executed on this 27th day of October, 2012 in appolnarrontro revtewtheeedocu
.�� COMMENT ON THIS APPLICATION gesppnee
Palm Springs,California. FHeadir�In made lly Pwrkc
ten comments may be made to the City Coouundl by
letter(formal)or hand delivery)to:
James Thompson Cky Clerk
3200 E.TaNulh l:arryon Way
- Palm Springs,CA 92282Any ed pI
ey b�ellrolteE to raising oMy tt (muu In court
at the pudic heading described in this nodce,or In
Declarant's ignature w*wncortaeoaMence delivered to the Clry Clerk
at, or ppoor, to the ffppbpublic hearing. (Government
MaoppoorWONlyawl�be given at mid hearing for all
Interested persons to be heard. Questions regard-
Mg this am may be dlrmted to David A.Newell,
Ailisoceas 45.
91n a aayyWde coon�charms,podavor Items
t IsCkmdatl tla Palm Spndngqas Muscle hablar con
/f Nsdim F'lemr1%*dcx o I 1323'a245.
l Jmw Thompson,Cary Cork
i.r, Published:IDWI12
�f r w,_ °: MR PETE MORUZZI
PALM SPRINGS MODERN COMMITTEE
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CITY OF PALM SPRINGS CASE 5.1160 PDD 341
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RICHARD C.WADE, PARALEGAL
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