HomeMy WebLinkAbout23055 RESOLUTION NO. 23055
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A
PRELIMINARY AND FINAL PLANNED DEVELOPMENT
1 DISTRICT AMENDMENT TO ADD TIME-SHARE
CONDOMINIUM HOTEL USES TO THE LIST OF
PERMITTED USES IN PDD 351, AT AN EXISTING 12-UNIT
CONDOMINUM PROJECT LOCATED AT 588 SAN
LORENZO ROAD, ZONE R-3, SECTION 23 (CASE 5.1171
AMND PDD 351).
WHEREAS, Doug Leohr of San Lorenzo Pride LLC has filed an application with
the City pursuant to the Palm Springs Municipal Code Section 94.03.00 (Planned
Development District) and pursuant to the Palm Springs Zoning Code Section 93.15.00
(Timeshare Condominium) and 93.15.10 (Condominium Hotel) for an amendment to a
previously approved Planned Development District No. 351 to add Timeshare
Condominium Hotel uses to the permitted uses within PD 351 for a 12-unit
condominium complex located at 588 San Lorenzo Road, Zone R-3 Section 23; and
WHEREAS, notice of the public hearing of the Planning Commission of the City
of Palm Springs to consider Case 5.1171 PD 351 AMND, was given in accordance with
applicable law; and
WHEREAS, on November 9, 2011, a public hearing on the application Case
5.1171 PD 351 AMND was held by the Planning Commission in accordance with
applicable law, and
WHEREAS, the project has been reviewed under the guidelines of the California
Environmental Quality Act and has been deemed Categorically Exempt under the
provisions of Section 15301 (Existing Facilities) of the California Environmental Quality
Act ("CEQA°).
WHEREAS, at the said public hearing, the Planning Commission carefully
reviewed and considered all of the evidence presented in connection with the meeting
on the Project, including but not limited to the staff report and all written and oral
testimony presented and voted 5-0 (Hudson absent) to approve the preliminary and
finall PDD and recommend approval by the City Council.
WHEREAS, notice of the public hearing of the City Council of the City of Palm
Springs to consider Case 5.1171 PD 351 AMND, was given in accordance with
applicable law; and
WHEREAS, on December 14, 2011, a public hearing on the application Case
5.1171 PD 351 AMND was held by the City Council in accordance with applicable law,
and
Resolution No. 23055
Page 2
WHEREAS, at the said public hearing, the City Council carefully reviewed and
considered all of the evidence presented in connection with the meeting on the Project,
including but not limited to the staff report and all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1 The project has been reviewed under the guidelines of the
California Environmental Quality Act (CEQA) and has been deemed
Categorically Exempt under the provisions of Section 15301 (Existing
Facilities).
Section 2 Planned Development District Findings: The provisions of Section
94.03.00(B) (Planned Development District) of the Palm Springs Zoning
Code states that the Planning Commission and City Council shall find that
the proposed uses as shown on the preliminary development plan for the
PD are in conformity with the required findings and conditions set forth in
Section
94.02.00 (Conditional Use Permit), the General Plan and sound
community development.
Findings are hereby made in support of amending the proposed Planned
Development District as follows:
1. The proposed planned development is consistent and in conformity with
the General Plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4)
of the Palm Springs Zoning Code.
This PDD amendment requests approval to change the proposed use of the subject
property from Condominiums to Time-share Condominium Hotels. This proposal is in
conformity with the density of the General Plan and the development standards and
permitted uses for the R3 Zone.
2. The use is necessary or desirable for the development of the community,
is in harmony with the various elements or objectives of the general plan,
and is not detrimental to existing uses or to future uses specifically
permitted in the zone in which the proposed use is to be located.
The proposed land uses are deemed to be desirable for the public welfare and
convenience by providing added inventory of a unique type of hotel product to the
existing inventory of hotel/guest units in the city. The facility has been vacant for
several years and will contribute Transient Occupancy Tax revenue to the City.
3. The site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
Resolution No. 23055
Page 3
landscaping and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The proposed development is similar to the character and design of the existing
developments in the area. The proposal does not add any additional structures to the
site and with the previously approved PD project, reduced the density of the site from
thirteen apartment units to twelve condominium units. There will be twelve time-share
condominium hotel units with this proposed PD amendment.
The 0.73 acre site will adequately accommodate the proposed use and is provided with
adequate landscaping, open space, and off-street parking.
4. The site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be
generated by the proposed use.
The subject site currently is developed and has an established street network
adequately servicing the site. The traffic generated by the proposed request would not
increase since the previously approved PD was to covert from thirteen existing
apartment units to twelve condominium units. The current PD amendment retains the
12 units.
5. The conditions to be imposed and shown on the approved site plan, and
other conditions of approval attached, are deemed necessary to protect
the public health, safety and general welfare and may include minor
modification of the zone's property development standards under the
Planned Development District.
A set of Conditions of Approval are attached to the draft resolution of approval as
Exhibit "A".
Section 3: Condominium Hotel Findings Pursuant to PSZC Section 93.15.10
(C), in approving this planned development district amendment to add
condominium hotel uses, the Planning Commission (and City Council)
shall make the following findings:
1 CC&Rs and/or other documents satisfactory to the director of planning
services and city attorney will be recorded to ensure the long term
maintenance and operation of the condominium hotel in accordance with
this chapter and the terms of any permits or approvals issued for the
condominium hotel and to provide notice to future purchasers of the city
right to enforce the CC&Rs and/or other documents, this chapter, and the
terms of any permits or approvals issued for the condo-hotel.
Resolution No. 23055
Page 4
The applicant will submit draft CC&R's to the City Attorney for review and approval prior
to recordation of the final Tract Map. A condition of approval has been incorporated
denoting that the CC&R's will be recorded and the terms of any permits and/or other
documents related to the long term maintenance and operation of the condominium
hotel.
2. The proposed condominium hotel does not involve the conversion or the
replacement of a hotel, resort hotel, or hotel or resort hotel units,
constructed on or before July 1, 2007.
The subject project does not involve the conversion or replacement of an existing hotel.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby approves the amendment to preliminary and final Planned Development
District 351 submittal as Case 5.1171 PD351 AMND, adding Time-share Condominium
Hotel uses to the list of permitted uses within this PDD; subject to the conditions of
approval in Exhibit "A".
ADOPTED this 14 th day of December, 2011.
David H. Ready anager
ATTEST:
mes Thompson, City Clerk
Resolution No. 23055
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 Resolution No. 23055 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 December 14,
2011 by the following vote:
AYES: Councilmember Hutcheson, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California a rplizot Z
EXHIBIT A
Case 5.1151 PDD 341 AMND TTM 35544 AMND
Timeshare Condominium Hotel Uses at
588 San Lorenzo Road
December 14, 2011
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and
Safety, the Chief of Police, the Fire Chief or their designee, depending on which department
recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case 5.1171
PDD 351 TTM 35544 AMND; 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 plans approved with the June 11, 2008 entitlement, including
site plans, architectural elevations, exterior materials and colors, landscaping, and
grading on file in the Planning Division except as modified by the approved
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 associated Tentative Tract Map 35544 located
at 588 San Lorenzo Road. 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.
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
Conditions of Approval Page 2 of 17
5.1171 PDD 351 AMND TTM 35544 December 14,2011
legislative body, advisory agencies, or administrative officers concerning Case
5.1171 AMND PDD 351 TTM 35544. 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) and
Tentative Tract Map (TTM) 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 on the Tentative Tract 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 shall be based
upon the total building permit valuation as calculated pursuant to the valuation
table in the Uniform Building Code, the fee being 1/2% for commercial projects or
1/4% for residential projects with first $100,000 of total building permit valuation
for individual single-family units exempt. Should the public art be located on the
project site, said location shall be reviewed and approved by the Director of
Planning and Zoning and the Public Arts Commission, and the property owner
shall enter into a recorded agreement to maintain the art work and protect the
Conditions of Approval Page 3 of 17
5.1171 PDD 351 AMND TTM 35544 December 14,2011
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. CC&R's The applicant prior to issuance of building permits shall submit a draft
declaration of covenants, conditions and restrictions ("CC&R's") to the Director of
Planning for approval in a format to be approved by the City Attorney. These
CC&R's may 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
CC&R's.
ADM 14. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building
permits, the applicant shall submit a draft declaration of covenants, conditions and
restrictions ("CC&R's") to the Director of Planning for approval in a format to be
approved by the City Attorney. The draft CC&R package shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be
recorded.
Conditions of Approval Page 4 of 17
5.1171 PDD 351 AMND TTM 35544 December 14,2011
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-interest.
Approved CC&R's are to be recorded following approval of the final map. The
CC&R's may 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,
ADM 15. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs,
a deposit in the amount of $3,500, for the review of the CC&R's by the City
Attorney. A $675 filing fee shall also be paid to the City Planning Department for
administrative review purposes.
ADM 16. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise, City special events,
roadway closures for special events and other activities which may occur in the
Central Business District, Desert Museum and Desert Fashion Plaza. Said
disclosure shall inform perspective buyers about traffic, noise and other activities
which may occur in this area.
ADM 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 18. Condominium Hotel Regulations. Pursuant to Zoning Code Section 93.15.10.(D)
the following regulations are required for all Condominium Hotels:
a. It is the intent of this section to ensure that condominium hotels are operated
and governed in substantially the same manner as hotels and or resort hotels.
The provisions of this section are designed to protect and preserve the density
requirements mandated in districts where hotels and resort hotels are allowed,
as well as preserving future land uses for short term transient accommodations
made available to the general public, visitors, and tourists. The regulations in
this section are intended to ensure that the land use and business operation of
condominium hotels remain an exclusively commercial enterprise. The
provisions of this section are in addition to the regulations relating to hotel or
resort hotel development found elsewhere in the Zoning Code.
b. All units in a condominium hotel may be used only for short term transient
accommodations.
c. Licensing will be required of all condominium hotels through all applicable state
and local agencies. All licenses must be kept current.
d. A unified management operation shall be required as an integral part of the
condominium hotel for all activities.
e. There shall be a lobby/front desk area where all guests and condo hotel unit
owners must register with the hotel operator upon arrival and departure, as in a
hotel or resort hotel.
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
f. There shall be a uniform key entry system operated by the condominium hotel
manager to receive and disburse keys for each condominium hotel unit.
g. There must be one central telephone system operated by the condominium
hotel manager in order to access each condominium hotel unit.
h. All condo hotel units shall be subject to the provisions of Chapter 3.28 of the
Palm Springs Municipal Code relating to the imposition and collection of
transient occupancy taxes. Each condo hotel owner that allows the rental of his
or her condo hotel unit, either individually, through a rental agent, or through
participation in a rental program, is subject to the provisions of Chapter 3.28 of
the Palm Springs Municipal Code. The per diem transient occupancy tax
constitutes a lien by the city of Palm Springs and the city has the right but not
the duty to foreclose on a condo hotel unit for non-payment of taxes due.
i. Use of a condo hotel unit arising out of an exchange program with an affiliated
hotel property or the redemption of brand-related rewards or loyalty points shall
be subject to transient occupancy tax per Municipal Code Chapter 3.28 based
on the equivalent daily rental value for that room exchanged free of charge or
otherwise reduced in the program. Such use shall not be considered personal
use by the condo-hotel owner.
j. Condo hotel units shall not be used for homesteading purposes, home
occupational licensing, voter registration or vehicle registration.
k. As a commercial use, condominium hotels are to be entitled under the hotel
land use standards in any zone that allows the development of a hotel or resort
use; included in these standards are density, parking standards, payment of in-
lieu park fees ("Quimby" fees), and assessment of the public safety community
facilities district.
I. Nothing in this section allows for the creation of time-share or fractional
interests in any condo hotel unit.
m. All condominium hotels must have approved signage viewable by the general
public designating the property as a hotel or resort hotel.
n. A condo-hotel unit may be used for personal use of the condo-hotel unit owner.
Such personal use shall not exceed seventy-five (75) days in any consecutive
twelve (12) month period nor shall a condominium hotel unit be occupied by a
condo-hotel unit owner for more than twenty-eight (28) consecutive days.
Owners may delegate their right of use and occupancy directly or through an
exchange program. At all other times, units shall be used for short term
transient occupancy purposes only. If a condo hotel owner exceeds the
seventy-five (75) days of personal use restrictions described in this subsection,
the owner shall be subject to an assessment for each day in excess thereof
payable to the city in an amount as the council may adopt and amend by
resolution or as may be otherwise addressed as a condition of approval at the
time of the planned development district approval.
o. Each condo-hotel unit owner, the owners' association, and condominium hotel
manager or any other rental entity shall maintain and regularly make available
to city such information, books, records, and documentation, and also shall
allow reasonable access to individual units, as the city finds necessary to have
or review in order to ensure that city may determine the condominium hotel's
compliance with this section and other applicable city laws, regulations, project
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
conditions, and mitigation measures. The original and every subsequent
condominium hotel manager or other rental entity renting condo-hotel units
shall immediately advise the director of planning services of its name,
qualifications, address, telephone number, and the name of a contact person.
p. Any change or amendment to the CC&Rs shall require the approval of the
Palm Springs city council.
q. An owners' association shall be established to govern, maintain, and operate
the condominium hotel and its services including but not limited to
housekeeping for all public areas (including lobby and hallways), front desk,
concierge services, and other hospitality services as provided in a hotel or
resort hotel and in accordance with CC&Rs satisfactory to the city. The
CC&Rs, as well as other relevant documents, shall require all portions of the
condo-hotel including, but not limited to, landscape and open space areas;
lobby; hallways; parking; banquet/ballroom facilities; conference; restaurant;
retail; parking; recreational; and spa facilities; and other amenities and
improvements (collectively "amenities"), as well as the individual condominium
hotel units, their furniture, fixtures, equipment, to be maintained and operated
in accordance with first class hotel standard.
r. The CC&Rs shall require the owners' association to hire a single qualified
professional management entity to maintain and operate the condo-hotel. The
initial management entity shall have at least five (5) consecutive years of
experience in the hotel management business in hotels that meet the first class
standard and have at lease five (5) other properties (nationally or
internationally) under current management. The city shall be provided
appropriate documentation to demonstrate that the management entity meets
the requirements of this section. The city council may modify the experience
standards for the initial management, or any subsequent management entity
upon finding that the management entity has substitute experience meeting the
interests served by the standards. The CC&Rs shall give the owner's
association and management entity the right, power, and obligation to enforce
the first class standard including, without limitation, the right to enter any
portion of the condominium hotel, including individual condo-hotel units, and
cure any failure to meet the first class standard. The management entity shall
offer transient rental services to all condo-hotel unit owners.
s. The CC&R's shall give the condominium hotel manager the exclusive right to
provide to the condominium hotel, the property, and to unit owners, lessees,
and other occupants, any or all "on property" services commonly provided at
first class hotels, restaurants, and resorts, including without limitation,
reservation programs, maid and housekeeping services, maintenance, laundry
and dry cleaning, room service, catering and other food and beverage
services, massage, and personal training and other spa services. The use of
such services, if offered, shall be conditioned upon payment of such charges
or fees as may be imposed on unit owners or hotel guests by the condominium
hotel manager. The CC&Rs shall include mandatory and uniform maintenance
requirements for condo-hotel units. The owners' association and its designees
shall have the exclusive right to restrict and control access to any and all
shared facilities within the condominium hotel, provided the same does not
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
restrict a unit owner's right of access to its own unit. The condominium hotel
manager shall monitor and document the use of each and all of the hotel units.
t. All condominium hotels must have customary daily maid services, back of
house services, and other hosplitality—services.
u. In addition to any other prohibition at law, including, without limitation, any
other provision of the Palm Springs Municipal Code or the Zoning Code,
condominium hotels and/or condo-hotel units shall not be converted to any
other use without the approval of the city council.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local
Development Mitigation Fee (LDMF) required. Does not apply.
ENV 2. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $64 shall be submitted by
the applicant in the form of a money order or a cashiers check payable to the
Riverside County Clerk within two business days of the Commission's final action
on the project. This fee shall be submitted by the City to the County Clerk with the
Notice of Exemption. Action on this application shall not be considered final until
such fee is paid (projects that are Categorically Exempt from CEQA).
ENV 3. California Fish & Game Fees Required. The project is required to pay a fish and
game impact fee as defined in Section 711.4 of the California Fish and Game
Code. This CFG impact fee plus an administrative fee for filing the action with the
County Recorder shall be submitted by the applicant to the City in the form of a
money order or a cashiers check payable to the Riverside County Clerk prior to
the final City action on the project (either Planning Commission or City Council
determination). This fee shall be submitted by the City to the County Clerk with
the Notice of Determination. Action on this application shall not be final until such
fee is paid. The project may be eligible for exemption or refund of this fee by the
California Department of Fish & Game. Applicants may apply for a refund by the
CFG at www.dfq.ca.gov for more information.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric
site plan showing the project's conformance with Section 93.21.00 Outdoor
Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for
approval by the Department of Planning prior to issuance of a building permit.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be included. If lights are proposed to be mounted on buildings,
down-lights shall be utilized. No lighting of hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water
Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal
Code and all other water efficient landscape ordinances. The applicant shall
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
submit a landscape and irrigation plan to the Director of Planning for review and
approval prior to the issuance of a building permit. Landscape plans shall be wet
stamped and approved by the Riverside County Agricultural Commissioner's
Office prior to submittal. Prior to submittal to the City, landscape plans shall also
be certified by the local water agency that they are in conformance with the water
agency's and the State's Water Efficient Landscape Ordinances.
PLN 3. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign program to the
Department of Planning Services prior to the issuance of building permits.
PLN 4. 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 off-white, beige or
tan.
PLN 5. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 6. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall
be screened per the requirements of Section 93.03.00 of the Zoning Ordinance.
PLN 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from adjacent
streets or residential and commercial areas.
PLN 8. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval by
the Planning Department prior to issuance of Building Permits.
PLN 9. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 10. Outside Storage Prohibited. No outside storage of any kind shall be permitted
except as approved as a part of the proposed plan.
PLN 11. 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 12. Bicycle Parking. The project shall be required to provide secure bicycle parking
facilities on site for use by residents and commercial/retail patrons and owners.
Location and design shall be approved by the Director of Planning.
PLN 13. Prior to recordation of the final subdivision map, the developer shall submit for
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
review and approval the following documents to the Planning Department which
shall demonstrate that the project will be developed and maintained in accordance
with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that are to
be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for joint
access to the proposed parcels and open space restrictions. The approved
documents shall contain a provision which provides that they may not be
terminated or substantially amended without the consent of the City and the
developer's successor-in-interest.
PLN 14. (add any additional conditions imposed by the Planning Commission or City
Council here)
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.
SANLORENZO ROAD
ENG 2. Remove the existing street improvements (curb, gutter, sidewalk, and
driveway approaches) as necessary to construct a wedge or roll curb 20 feet
north of centerline along the entire project frontage.
ENG 3. Construct a sidewalk from back of curb to property line along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
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5.1171 PDD 351 AMND TTM 35544 December 14, 2011
ENG 4. Construct street improvements in accordance with applicable City standards
as required by the City Engineer.
ENG 5. For on-site bay parking in residential and commercial zones, paving material
shall be decorative paving, colored and/or patterned to relate to the overall
design in accordance with Zoning Code 93.06.00 (C)(15)(e). Bay parking
stalls shall be located completely on-site, behind sidewalk, and not within
public right-of-way.
ENG 6. Construct pavement as necessary with a minimum pavement section of 3
inches asphalt concrete pavement over 4 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or equal,
from edge of proposed gutter to clean sawcut edge of pavement along the
entire frontage in accordance with City of Palm Springs Standard Drawing No.
110 and 300. 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.
RANDOM ROAD
ENG 7. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE
ENG 8. The minimum pavement section for all on-site pavement (for drive aisles and
parking spaces) shall be 2'/2 inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal. If an alternative pavement section is proposed,
the proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
ENG 9. 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 10. All on-site sewer systems shall be privately maintained.
GRADING
ENG 11. Submit a Precise Grading and Paving Plan prepared by a California
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
registered civil engineer to the Engineering Division for review and approval.
The Precise Grading and Paving Plan shall be approved by the City Engineer
prior to issuance of grading permit.
• A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be required
to comply with Chapter 8.50 of the City of Palm Springs Municipal Code,
and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures' as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and
valid Certificate(s) of Completion from AQMD for staff that 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 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.
• 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
site plan; a copy of current Title Report; and a copy of soils project.
ENG 12. Prior to approval of the Grading Plan or issuance of a Grading Permit, the
applicant shall obtain written approval to proceed with construction from the
Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or
Tribal Archaeologist. The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to
determine their requirements, if any, associated with grading or other
construction. The applicant is advised to contact the Tribal Historic
Preservation Officer or Tribal Archaeologist as early as possible. If required, it
is the responsibility of the applicant to coordinate scheduling of Tribal
monitors during grading or other construction, and to arrange payment of any
required fees associated with Tribal monitoring.
ENG 13. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 14. A 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.
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
ENG 15. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the
export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an approved
"Notification of Intent To Move Soil From or Within Quarantined Areas of
Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to
approval of the Grading Plan. The California Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert
(Phone: 760-776-8208).
DRAINAGE
ENG 16. Direct release of on-site nuisance water or stormwater runoff shall not be
permitted to San Lorenzo Road or Random Road. Provisions for the
interception of nuisance water from entering adjacent public streets from the
project site shall be provided through the use of a minor storm drain system
that collects and conveys nuisance water to landscape or parkway areas, and
in only a stormwater runoff condition, pass runoff directly to the streets
through parkway or under sidewalk drains.
ENG 17. 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 and non-stormwater runoff, will be required by regulations
imposed by the RWQCB. It shall be the applicant's responsibility to design
and install appropriate BMP's, in accordance with the NPDES Permit, that
effectively intercept and pre-treat contaminated stormwater and non-
stormwater runoff from the project site, prior to release to the City's municipal
separate storm sewer system ("MS4"), to the satisfaction of the City Engineer
and the RWQCB. Such measures shall be designed and installed on-site; and
provisions for perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants,
Conditions, and Restrictions (CC&R's) required for the development (if
any).Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management
Practices (BMP's).
ENG 18. All on-site storm drain systems shall be privately maintained.
GENERAL
ENG 19. Any utility trenches or other excavations within existing asphalt concrete
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5.1171 PDD 351 AMND TTM 35544 December 14, 2011
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets
as required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water
Agency, Southern California Edison, Southern California Gas Company, Time
Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts
within existing asphalt concrete pavement of off-site streets required by the
proposed development may require complete grinding and asphalt concrete
overlay of the affected off-site streets, at the discretion of the City Engineer.
The pavement condition of the existing off-site streets shall be returned to a
condition equal to or better than existed prior to construction of the proposed
development.
ENG 20. All proposed utility lines shall be installed underground.
ENG 21. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television
cable service, and similar service wires or lines, which are on-site, abutting,
and/or transecting, shall be installed underground unless specific restrictions
are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing
overhead utilities across the north and west property lines, meet the
requirement to be installed underground. Utility undergrounding shall extend
to the nearest off-site power pole; no new power poles shall be installed
unless otherwise approved by the City Engineer. A letter from the owners of
the affected utilities shall be submitted to the Engineering Division prior to
approval of a grading plan, informing the City that they have been notified of
the City's utility undergrounding requirement and their intent to commence
design of utility undergrounding plans. When available, the utility
undergrounding plan shall be submitted to the Engineering Division identifying
all above ground facilities in the area of the project to be undergrounded.
Undergrounding of existing overhead utility lines shall be completed prior to
issuance of a certificate of occupancy.
ENG 22. 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 23. 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,
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
upon prior approval of the City Engineer.
ENG 24. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of
a final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior
to construction.
ENG 25. Nothing shall be constructed or planted in the corner cut-off area of any
driveway which does or will exceed the height required to maintain an
appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
ENG 26. 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 27. A Final 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 parcels and all lots
created therefrom, and copies of record documents shall be submitted with
the Final Map to the Engineering Division as part of the review of the Map.
The Final Map shall be approved by the City Council prior to issuance of
building permits.
ENG 28, Upon approval of a final map, the final 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 29. A minimum of 48 inches of clearance for handicap accessibility shall be
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
provided on public sidewalks or pedestrian paths of travel within the
development. Minimum clearance on public sidewalks or pedestrian paths of
travel shall be provided by either an additional dedication of a sidewalk
easement (if necessary) and widening of the sidewalk, or by the relocation of
any obstructions within the public sidewalk along the San Lorenzo Road and
Random Road frontages of the subject property.
ENG 30. 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
September 26, 2006, or subsequent editions in force at the time of
construction.
FIRE DEPARTMENT CONDITIONS
No new conditions.
(REVISED CONDITIONS pursuant 6-11-08 Planning Commission Hearing.)
FID 1 Premises Identification: Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. (901.4.4 CFC) Show location of
address on plan elevation view. Show requirement and dimensions of numbers in
plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the
background.
FID 2 Plot Plan: Prior to completion of the project, an 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 3 Road Design: Fire apparatus access into parking area shall be designed and
constructed as all weather capable and able to support a fire truck weighing
73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius into
the parking area is 30 feet, with an outside radius of 45 feet.
FID 4 Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width
when in the open position and equipped with a Knox (emergency access) key
switch. A Knox key operated switch shall be installed at every automatic gate.
Show location of switch on plan. Show requirement in plan notes.
FID 5 Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less than 13 feet 6 inches. Plan shows Palm
Trees that must not restrict vertical clearance. (902.2.2.1 CFC)
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
FID 6 Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped
with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet
above grade. Contact the Fire Department at 760-323-8186 for a Knox
application form. (902.4 CFC)
FID 7 Key Box Contents: The Knox key box shall contain keys to all areas of
ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical
rooms, elevator rooms, elevator controls, plus a card containing the emergency
contact people and phone numbers for the building/complex.
FID 8 Fire Flow: The available fire flow of the existing water main is 1,250 GPM. Current
California Fire Code Section 508.3 (Fire Flow) and Appendix B (Fire Flow
Requirements) Table B105 set forth the fire flow requirements for this project at
3,500 GPM from four (4) hydrants. Applicant will need to upgrade water mains to
meet required fire flow demands.
FID 9 A fire flow reduction of fifty percent (50%) can be obtained with the installation of a
NFPA 13R residential fire sprinkler system.
FID 10 Operational Fire Hydrants: An operational fire hydrant(s) shall be installed
within 250' of all combustible construction. No landscape planting, walls, or
fencing is permitted within 3 feet of fire hydrants, except groundcover plantings.
(1001.7.2 CFC)
FID 11 Residential Smoke Detector Installation: Provide Residential Smoke
Detectors. Detectors shall receive their primary power from the building wiring,
and shall be equipped with a battery backup. (310.9.1.3 CBC) In new
construction, detectors shall be interconnected so that operation of any smoke
detector causes the alarm in all smoke detectors within the dwelling to sound. (2-
2.2.1 NFPA 72) Provide a note on the plans showing this requirement.
FID 12 Trash Container Protection: If trash container space is within 5 feet of a
building wall provide information on the type and size of trash container to be
stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then
the container must be protected by an approved automatic fire sprinkler.
(1103.2.2 CFC)
FID 13 Fire Extinguisher Requirements: 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. (1002.1 CFC) Extinguishers
shall be mounted in a visible, accessible location 3 to 5 feet above floor level.
Preferred location is along the path of exit travel or near an exit door.
Extinguishers located outdoors must be installed in weather and vandal resistant
cabinets approved for this purpose.
FID 14 Fencing Required: Construction site fencing with 20 foot wide access gates is
required for all combustible construction over 5,000 square feet. Fencing shall
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5.1171 PDD 351 AMND TTM 35544 December 14,2011
remain intact until buildings are stuccoed or covered and secured with lockable
doors and windows. (8.04.260 PSMC)
FID 15 Access During Construction: 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. (Sec. 902 CFC)
END OF CONDITIONS