HomeMy WebLinkAbout2006-01-04 STAFF REPORTS 1A PALM Sp4 CITY OF PALM SPRINGS
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" DEPARTMENT OF' PLANNING SERVICES
cq<IFORN�P•• MEMORANDUM
Date: January 4, 2006
To: City Manager and City Council
From: Craig A. Ewing, AICP, Director of Planning ServiG45—
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1; bject: City Council Meeting (Jan. 4, 2006) — Item 1A:
Tentative Tract Map 33035; 2500 East Palm Canyon Drive
Please note that Condition No. 13 of the recommended conditions for the subject tract map was
amended by the Planning Commission to read as follows:
"13. A final landscape plan for the East Palm Canyon Drive frontage shall be
submitted to the Department of Planning Services for approval prior to approval of the
Final Map."
Please also note that a set of conditions for a different tract map (no. 33575) was included in the
information packet. Those conditions do not apply to the present request and should be set
aside. We apologize for any confusion.
3200 E. TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262
TEL: (760) 323-8245 FAX: (760) 322-8360 E-MAIL: JINGY@CI.PALM-SPRINGS.CA.US
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q`'F°R` CITY COUNCIL STAFF REPORT
PUBLIC MEETING OF JANUARY 4, 2006
Continued Public Hearing on TTM 33035, Application by Mountain Meadows
Associates, for a Tentative Tract Map to Create a One Lot Condominium Map for
the Conversion of 129 Existing Apartment Units to 129 Condominium Units,
Located at 2500 East Palm Canyon Drive, Zone R-3, Section 24, APN 502-310-054
and 502-310-055.
From: David H. Ready, City Manager
By: Craig A. Ewing, Director of Planning Services
BACKGROUND:
On November 16, 2005, the City Council continued the above project to its meeting of
January 4, 2006 and directed staff to provide additional information on the proposal to
convert 129 rental apartments to condominium ownership. This memo is prepared in
response to Council direction and addresses the City's latest Housing Element's policies
regarding the request. A public hearing is required.
DISCUSSION:
'The conversion of apartment units to condominium ownership does not affect the overall
supply of housing, but does alter its character. Specifically, it affects the mix of units,
reducing the rental stock and increasing the owner stock. Rental units are often the only
source of housing for those in lower and moderate income groups, such as young newly-
forming households and seniors. The loss of rental units — even when those units remain
in the total housing inventory — can reduce the ability lower and moderate income
(households to secure housing they can afford. The gain in ownership units — if they are
priced at affordable levels — may expand the ability of some of these same households to
buy a home. In order to determine if these are significant concerns for this project, staff
reviewed the 2003 Housing Element for policy direction on the conversion of rental units.
Item No. .l1.
City Council Staff Report January 4, 2006
Case 5.1056. TTM 33035 (Supplemental Memo) Page 2 of 3
The 2003 Housing Element is the latest review of housing conditions and housing policies
undertaken by the City of Palm Springs.' The Element provides a look at the
characteristics of the City's housing, including the status and income of residents. Staff
notes that since the Element was prepared, the 2000 Census data was conducted, which
provides a more current look at Palm Spring's housing characteristics, as follows:
1. Tenure. The City is primarily composed of homeowners — sixty-one percent
(60.7%) of all households are owners, and 39.3% are renters; this ratio has
increased only slightly from the 1990 census. The owner / renter ratio in
Riverside County was 68.8 / 31.2, making Palm Springs a slightly more
rental-oriented community than the County as a whole.
2. Household Size. Renters tend to be smaller households — seventy-four
percent (74.0%) of renters are one- or two-person households (owner
households also tend to be small, as 80.9% are one- or two-person).
However, larger renter households are identified as a "special needs group"
who often have difficulty finding larger rental units (three or more
bedrooms).
3. Household Income. Renters tend to be lower income households — the
average income of renters in 2000 was $24,176; the average income of
owners was $46,254.
4. Rents. Rental rates in 2000 varied from less than $100 per month to more
than $2,000 — 36.4% ranged between $450 and 600 per month. These
rents have likely increased since the year 2000 — the subject apartment
project reports monthly rents ranging from $972 to 1,095.
5. Overpayment. A large number of year-round renters (47.5%) spend a
significant portion of their household income (thirty percent or more) on rent.
This is a greater problem for lower income groups as 83.3% of households
having annual incomes $20,000 or less spend at least 30% of their income
on rent.
6. Time-in-place. Most renters move within five years — eighty percent
(80.4%) moved into their current unit between 1995 and 2000 (among
owners, 42.4% moved within the last five years).
7. Race. Renters and owners are both likely to be European descendent, but
other races are more likely to be found among renters — twenty-two (21.6%)
I of renters and 9.4% of owners are non-white.
These characteristics tend to be shared with other cities in Riverside County and reflect
the tendencies among renters and homeowners statewide. While it cannot be determined
from this information what impact might occur from the conversion of housing units from
rental to ownership, it can be inferred that lower income households who rent will have a
marginally more difficult time securing housing when the supply of rental housing is
reduced.
Staff notes that a new Housing Element is under development and is expected to be completed within
the overall General Plan update in about one year. The Housing Element is one of the required chapters
of the City General Plan and is deemed by State law to have the same legal status as the Land Use,
Circulation and other Elements.
City Council Staff Report January 4, 2006
Case 5.1056, TTM 33035 (Supplemental Memo) Page 3 of 3
In reviewing the 2003 Element, staff could find no objectives or policies that specifically
addressed the conversion of rental units. The Housing Element does state that, "Despite
the relatively affordable housing stock in the City, there is an inadequate supply of
affordable housing for very low-income and large families." Staff notes that units in the
subject development — "Desert Flower Apartments" — are market-rate units and that they
are one- and two-bedroom units. Since very low-income households cannot typically
afford market-rate units, and large families need units of three bedrooms or more, the
Desert Flower apartments currently do not appear to serve either very low-income or
large families. Consequently, the conversion of these units to ownership would not
reduce the inventory needed to serve these households.
Finally, the Element addresses the potential loss of "assisted units" at risk of conversion
to market rate. "Assisted units" are those which receive subsidies or mortgage
prepayments, or which have affordability restrictions. Staff notes that the subject project
was listed in the 2003 Housing Element's "Inventory of Assisted Units" because it
received mortgage revenue bonds and would therefore have affordability restrictions
imposed on the units. However, the City's Community and Economic Development
Department reports that the bonds have been released on the project and the affordability
irestrictions no longer apply—the units are now rented at market-rate rents.
In the absence of policies directed at the issue of converting rental apartments to
ownership, staff cannot conclude that the City has established any direction on the issue.
Consequently, we continue to recommend the proposed conversion, as described in the
staff report of November 16, 2005.
00
FISCAL IMPACT: (' s
No direct fiscal impact will result from the proposed conversion. It is anticipated that
conversion will result in increased property taxes over time, but the actual amount is
unknown.
� r 1
4aral ing, AAP Thomas Wilso
Dire of Plan I Services Assistant City Manager, Dev't Svcs
David H. Ready
City Manager
Attachments:
1. City Council Staff Report, November 16, 2005 and related exhibits
�pW�MSA
-�' City of Palm Springs,
Office of the City Clerk
3200 E. Tahquitz Canyon Way • Palm Spriubs, California 92262
Tel: (760)323-8204 • Fax: (760) 322-8332 • Web:wwwa.palm-springs.ca us
ge/FOR�
NOTICE OF CONTINUANCE
NOTICE IS HEREBY GIVEN that the regular meeting of November 16, 2005, Public Hearing
Item No. 1.13
TTM 33035, APPLICATION BY MOUNTAIN MEADOWS
ASSOCIATES, FOR A TENTATIVE TRACT MAP TO CREATE A ONE
LOT, CONDOMINIUM MAP FOR THE CONVERSION OF 129
EXISTING APARTMENT UNITS TO 129 CONDOMINIUM UNITS,
LOCATED AT 2500 EAST PALM CANYON DRIVE, ZONE R-3,
SECTION 24, APN 502-310-054 AND 502-310-055:
Motion by Councilmember Mills, seconded by Councilmember Pougnet, and carried by a roll call
vote the public hearing was continued to January 4, 2006.
I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of
Continuance was posted at or before 5:30 p.m., November 17, 2005, as required by established
policies and procedures.
JAMES THOMPSON
City Clerk
H:\USERS\C-CLMHearing Notices\NOTICE OF CONT-11-16-05.doc
Post Office Box 2743 0 Palm Springs, California 92263-2743
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CR�IFOk��P CITY COUNCIL STAFF REPORT
PUBLIC HEARING MEETING OF NOVEMBER 16, 2005
Application I.D.: Case No. TTM 33035
Application Type: Tentative Parcel Map
Location: 2500 East Palm Canyon Drive
Applicant: Mountain Meadows Associates
APN: 503-310-054 and 503-310-055
Zoning: Zone R-3, Multiple-Family Residential
General Plan Designation: H43/21, High Density
Environmental Determination: Categorically Exempt, Section 15303
Existing Facilities
From: David H. Ready, City Manager
I
By: Craig A. Ewing, Director of Planning Services
PROJECT DESCRIPTION
Mountain Meadows Associates has filed and application with the City pursuant to the General
Plan process, Section 92.04.00 and Section 94.05.03 of the Zoning Ordinance and 9.62 of the
Municipal Code, for a Tentative Tract Map to allow a one lot, condominium map for the
conversion of 129 existing apartments unity to a 129 condominiums units, located at 2500 East
Palm Canyon Drive, Zone R3.
City Council Staff Report
(November 16, 2005) -- Page 2
TTM33035
CITY COUNCIL RECOMMENDATION
1. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS APPROVING CASE NO, Case TTM33035 -TTM
33035 APPLICATION BY MOUNTAIN MEADOWS ASSOCIATES FOR A
TENTATIVE TRACT MAP TO CREATE A ONE LOT, CONDOMINIUM MAP FOR
THE CONVERSION OF THE 129 EXISTING APARTMENTS UNITS TO 129
CONDOMINIUMS UNITS, LOCATED AT 2500 EAST PALM CANYON DRIVE,
ZONE R-3, SECTION 24, APN 502-310-054 AND 502-310-055."
2. Order filing of the Notice of Exemption, pursuant to California Environmental
Quality Act(CEQA), Section 15301 Exiting Facilities, regarding the Class 1
Categorical Exemption for this project.
PRIOR ACTIONS
On June 22, 2005, the Planning Commission met and voted to deny Case TTM33035.
The Planning Commission was concerned with the loss of rental stock within the City.
The Case was reconsidered by the Planning Commission on September 28, 2005. The
Planning Commission recommends to the City Council approval of the TTM 33035.
ANALYSIS
The project is described in detail in the attached Planning Commission staff report. The
request is to convert 129 existing multi-family units for rental to ownership through the
establishment of a condominium tract map. No new construction is proposed.
In reviewing the request, staff and the Commission considered General Plan policy 3.0
states the City shall "provide an adequate supply of rental housing". The General Plan
does not define what "adequate" is nor does the General Plan supply guidelines to
follow for the"adequate supply of rental housing".
Staff notes that the City is anticipating approximately 2,000 new permanent housing and
approximately 70 new rental housing. In 1980 there was approximately 58.3% owners
and 41.7% renters (General Plan page 1-98). In 1986 there was approximately 58.6%
owners and 41.4% renters (General Plan page 1-98). There is a shortage of housing in
the City (General Plan page 1-84); however, the proposed Tentative Tract Map will not
reduce or increase the overall amount of housing available. The map will reduce the
number of rental units and increase the number of permanent housing by 129 units.
In its reconsideration of this request on September 28, 2005, the Planning Commission
concluded that the project conformed to the General Plan,
City Council Staff Report
(November 16, 2005) -- Page 3
TTM33035
In July and August, the applicant met with the existing tenants on the property and
explained why they seek to convert the units to condominiums.
FISCAL IMPACT: �2 �
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Dire o/r of PI ing Services
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Thomas Wilson,
IAssistant City Mager
David H. Ready, City MapRger
Attachments:
1. Vicinity Map
2. Planning Commission Staff report September 28, 2005
3. Planning Commission Staff report June 22, 2005
4. Draft Resolution and Conditions of Approval
Department of Planning Services N
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CITY OF PALM SPRINGS
CASE NO.:TTM 33035 DESCRIPTION: Application by Mountain Meadows
Tentative Tract Map 33035 Associates for a Tentative Tract Map to create a one
lot, condominium map for the conversion of the 129
APPLICANT: Mountain Meadows Associates existing apartment units to 129 condominium units,
located at 2500 East Palm Canyon Drive, Zone R-3,
Section 24, APN 502310054 and 502310055.
DATE: SEPTEMBER 28, 2005
TO: PLANNING COMMISSION
FROM: DIRECTOR OF PLANNING SERVICES
CASE TTM33035 — TTM33035 - APPLICATION BY MOUNTAIN MEADOWS
ASSOCIATES FOR A TENTATIVE TRACT MAP TO CREATE A ONE LOT,
CONDOMINIUM MAP FOR THE CONVERSION OF THE 129 EXISTING
APARTMENTS UNITS TO 129 CONDOMINIUMS UNITS, LOCATED AT 2500
EAST PALM CANYON DRIVE, ZONE R-3, SECTION 24, APN 502310054 AND
502310055.
RECOMMENDATION:
That the Planning Commission reconsider the decision at the June 22, 2005
meeting and recommend approval to the City Council of Tentative Tract Map
I 33035 for the creation of a one lot, condominium map on approximately 6.58
acres, at 2500 East Palm Canyon Drive, Zone R-3, Section 24, APN 502310054
and 502310055.
SUMMARY:
Case TTM33035 is before the Planning Commission for reconsideration of their
June 22, 2005 decision or a Resolution recommending denial to the City Council.
On June 22, 2005, the Planning Commission met and voted to deny Case
TTM33035. The Planning Commission was concerned with the loss of rental
stock within the City.
The General Plan policy 3.0 states the City shall "provide an adequate supply of
rental housing". The General Plan does not define what "adequate" is nor does
the General Plan supply guidelines to follow for the "adequate supply of rental
housing".
ANALYSIS:
The Subdivision Map Act in section 66427 Defines "A map of a condominium
project, a community apartment project, or of the conversion of five or more
existing dwelling units to a stock cooperative project need not show the buildings
or the manner in which the buildings or the airspace above the property shown
on the map are to be divided, nor shall the governing body have the right to
refuse approval of a parcel, tentative, or final map of the project on account of
design or location of buildings on the property shown on the map not violative of
local ordinances or on account of the manner in which airspace is to be divided in
conveying the condominium. Fees and lot design requirements shall be
computed and imposed with respect to those maps on the basis of parcels or lots
of the surface of the land shown thereon as included in the project. Nothing
herein shall be deemed to limit the power of the legislative body to regulate the
design or location of buildings in such a project by or pursuant to local
ordinances.
The applicant met with the existing tenant on the property and explained the why
they are going to condominium. The City is anticipating approximately 2,000 new
permanent housing and approximately 70 new rental housing. In 1980 there was
approximately 58.3% owners and 41.7% renters (General Plan page 1-98). In
1986 there was approximately 58.6% owners and 41.4% renters (General Plan
page 1-98). There is a shortage of housing in the City (General Plan page 1-84)
and the proposed Tentative Tract Map will not reduce or increase the overall
amount of housing available. The map will reduce the number of rental units and
increase the number of permanent housing by 129 units.
The General Plan policy 3.0 states the City shall "provide an adequate supply of
rental housing". The General Plan does not define what "adequate" is nor does
the General Plan supply guidelines to follow for the "adequate supply of rental
housing".
The Planning Commission can find the proposed Tentative Tract Map is
consistent with the General Plan with Conditions of Approval.
ENVIRONMENTAL ANALYSIS:
This project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities). The
proposed Tentative Tract Map meets the conditions outlined for existing facilities.
A public hearing notice was published in the Desert Sun newspaper.
A public hearing notice was sent out to the neighboring properties within a four
hundred foot (400') radius.
Staff has not received any written correspondences and/or phone calls at the
time this staff report was written.
ATTACHMENTS
1. Vicinity Map
2. Draft Resolution— recommending approval to City Council
3. Draft Conditions of Approval
4. Copy of June 22, 2005 Planning Commission staff report
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CITY OF PALM SPRINGS
CASE NO.:TTM33035 DESCRIPTION:Application by Mountain Meadows
TENTATIVE TRACT MAP 33035 Associates for a Tentative Tract Map to create a one
lot, condominium map for the convention of the 129
APPLICANT: Mountain Meadows Associates existing apartments units to 129 condominiums units,
Located at 2500 East Palm Canyon Drive, Zone R-3,
Section 24, APN 502310054 and 502310055.
DATE: JUNE 22, 2005
TO: PLANNING COMMISSION
FROM: DIRECTOR OF PLANNING SERVICES
CASE TTM33035 - TTM - APPLICATION BY MOUNTAIN MEADOWS
ASSOCIATES FOR A TENTATIVE TRACT MAP TO CREATE A ONE LOT,
CONDOMINIUM MAP FOR THE CONVERSION OF THE 129 EXISTING
APARTMENTS UNITS TO 129 CONDOMINIUMS UNITS, LOCATED AT 2500
EAST PALM CANYON DRIVE, ZONE R-3, SECTION 24, APN 502310054 AND
502310055.
RECOMMENDATION:
That the Planning Commission recommend approval to the City Council of
Tentative Tract Map 33035 for the creation of a one lot, condominium map on
approximately 6.58 acres, at 2500 East Palm Canyon Drive, Zone R-3, Section
24, APN 502310054 and 502310055.
BACKGROUND:
The application would allow the conversion of 129 apartment units into
condominiums. Approved in 1984 as a Major Architectural project, the existing
structures are legal, nonconforming structures. The following table shows the
existing conditions:
Existing Conditions
Lot Area 286,624 square feet
Lot Width 400 Feet(west property line) /419 feet(east property
line)
Lot Depth 589 Feet (north property line) / 599 Feet(south property
line)
Density 129 units
Building Height 25 Feet 2 story
_ 15 Feet maximum at 58 feet to 191 feet from R-1 Zone
25 feet at 255 feet from R-1 Zone
Garage setback 220 Feet
Front Yard 25 Feet to 30 Feet
Side Yard 15 Feet(one-story) (north property line)
East Palm Canyon 121 Feet to 126 Feet to centerline (no parking in setback)
Drive Setback
Rear Yard Setback 10 Feet to 15 Feet(two-story) (existing 6 foot wall)
Building Distance 15 Feet to 28 Feet
30 Feet
Parking 219 parking spaces (with 129 covered
Open space 56%
Per Section 94.06.03 of the Zoning Ordinance, legal nonconforming structures
shall be permitted to continue provided that any addition, alteration or
enlargement thereto shall comply with all provisions of the zone. Therefore the
existing structure, while not conforming to the development standards of the R-3
Zone, are allowed to continue, because no alterations, enlargements or additions
are proposed. If in the future alterations, enlargements or additions are proposed
shall comply with the provisions of the zone.
The subject property is approximately 6.58 acres. The proposed Tentative Tract
Map will create a one lot condominium map with 129 residential condominium
I units. The proposal will allow the conversion of rental apartments into for sale
condominiums.
Surrounding General Plan Designations, Zoning, and Land Uses:
General Zonin
Plan 9 Land Uses
North L4 R-1-C Single-Family Residential
Sout H43/21 R-3 Single-Family Residential, Multiple-Family
h Residential
East H43/21 R-3 Multiple-Family Residential
West H43/21 R-3 Single-Family Residential, Multiple-Family
Residential
ANALYSIS:
The subject property is designated H43/21 (High Density Residential) which
allows residential developments with a maximum of 21 dwelling units per acre.
The General Plan allows for a density of 138 dwelling units and 129 are
proposed. The objective of the General Plan for the H43121 designation is to
develop multiple-family apartments and similar permanent housing. The
proposed subdivision will allow for the conversion of the existing apartment
building to residential condominiums (permanent housing) while maintaining the
56% open space, therefore the proposed subdivision is consistent with the
General Plan.
The subject property is zoned R-3 (Multiple-Family Residential and Hotel) and is
intended to provide for the development of high density apartments, hotels and
similar permanent and resort housing. The proposed Tentative Tract Map will
create permanent housing for the City by converting the rental units to for-sale
units. Therefore the proposed Tentative Tract Map is consistent with the Zoning
Ordinance.
The following table contrasts the R-3 Zoning Ordinance Development Standards
to the existing conditions:
Required Existing Development
Lot Area 20,000 square feet 286,624 square feet
Lot Width 170 Feet 400 feet (west property line)
419 feet (east property line)
Lot Depth 165 Feet 589 Feet(North property line)
599 Feef South property line
Density 144 Units 129 units
(1 unit per 2,000 square feet) (89.58% of allowed density)
Building 24 Feet maximum (2 story) 25 Feet(2 story)`
Height
15 Feet 15 Feet maximum at 58 feet to
(All structures within 200 feet 191 feet from R-1 Zone
of R-1 Zone property line)
25 feet at 255 feet from R-1
Zone
Garage/Cargo 25 Feet 220 Feet
rt set back
Front Yard 30 Feet 25 to 30 Feet"
Side Yard 12 Feet minimum or equal to 15 Feet
height (one-story)
(North property line)
East Palm 125 Feet from centerline 121 to 126 Feet to centerline
Canyon Drive (No parking is proposed in set
Set Back back)*
Rear Yard Set 12 Feet minimum or equal to 10 to 15 Feet
Back height (two-story)
(existing 6 foot wall)*
Building 15 Feet 15 Feet to 28 Feet
Distance
30 Feet for interior courtyard 30 Feet
Parking 218.5 total parking spaces 219 parking spaces
(186.25 parking spaces of (with 129 covered)
which 129 must be covered)
(32.25 guest parking)
Open space 45% 56%
*nonconforming from the R-3 Zone development standards
The existing structures do not conform to the development standards of the R-3
Zone in building height, front yard setback, rear yard setback, and East Palm
Canyon Drive setback. However the existing structures are legal, nonconforming
structures with no proposed additions or alterations to the nonconforming
structures; therefore the nonconforming structures cannot and do not have to
conform to the development standards of the R-3 Zone.
The proposed project provides sufficient covered parking spaces and parking
spaces. However, the proposed project does not provide sufficient handicap
parking spaces. Staff is confident that the applicant can comply with all of the
parking requirements without substantial changes to the project. As such staff
has included Condition of Approval #11 that requires the project to comply with
jall parking requirements, including handicap parking spaces.
' Vehicle access is from Farrell Drive. The project is not accessible from East
Palm Canyon Drive. Farrell Drive is a fully improved street and the apartments
already exist. Apartments and condominiums generate the same amount of
traffic therefore, traffic impact will be minimal.
Pedestrian access is from Farrell Drive and East Palm Canyon Drive, both
streets are fully improved with sidewalks. All access points currently exist and
the proposed Tentative Tract Map does not delete or add any access points for
pedestrians; therefore pedestrian traffic will be minimal.
The structures already exist and the Tentative Tract Map does not propose any
changes and/or additions to the existing structures. The subject property is
surrounded with a mixture of single-family residences and multiple-family
residences. The visual impact of the structures to the surrounding properties
already existed; therefore the Tentative Tract Map will have no additional visual
impact.
ENVIRONMENTAL ANALYSIS:
This project is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities). The
proposed Tentative Tract Map meets the conditions outlined for existing facilities.
A public hearing notice was published in the Desert Sun newspaper.
A public hearing notice was sent out to the neighboring properties within a four
hundred foot (400') radius. Staff has not received any written correspondences
and/or phone calls at the time this staff report was written,
Staff has not received any written correspondences and/or phone calls at the
time this staff report was written.
I
I
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS APPROVING CASE NO. TTM33035 AN
APPLICATION BY MOUNTAIN MEADOWS ASSOCIATES
FOR A TENTATIVE TRACT MAP TO CREATE A ONE LOT,
CONDOMINIUM MAP FOR THE CONVERSION OF THE
129 EXISTING APARTMENTS UNITS TO 129
CONDOMINIUMS UNITS, LOCATED AT 2500 EAST PALM
CANYON DRIVE, ZONE R-3, SECTION 24, APN 502-310-
054 AND 502-310-055
WHEREAS, Mountain Meadows Associates has filed and application with the City
pursuant to the General Plan process, Section 92.04.00 and Section 94.05.03 of the
Zoning Ordinance and 9.62 of the Municipal Code, for a Tentative Tract Map to allow a
one lot, condominium map for the conversion of 129 existing apartments unity to a 129
condominiums units, located at 2500 East Palm Canyon Drive, Zone R3; and
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs
to consider the application for Case TTM 33035 was given in accordance with
applicable law; and
I
WHEREAS, Case TTM33035 approval is subject to the approval of Case TTM33035 by
the City Council; and
WHEREAS, on September 28, 2005, a public hearing on the project was held by the
Planning Commission and recommended approval (7-0) to City Council for the Case
TTM33035; and
WHEREAS, on November 16, 2005, a public hearing on the project 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 hearing 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 CEQA, the Planning Commission finds that, Tentative Tract
Map 33035 is categorically exempt from environmental assessment per
Section 15301 (Existing Facilities) of the California Environmental Quality
Act (CEQA).
Section 2: Pursuant to the Palm Springs Municipal Code Section 9.60, the Planning
Commission finds that with the incorporation of those conditions attached
in Exhibit A:
Resolution No.
Page 2
a. The use applied for at the location set forth in the application is
properly one for which a subdivision is authorized by the City's
Zoning Ordinance and General Plan.
The proposed Tentative Tract Map application for the creation of a
one lot, condominium map on approximately 6.58 acres is in
harmony with the various elements and objectives of the City of
Palm Springs General Plan and is not detrimental to the existing
uses specifically permitted in the zone in which the proposed use is
to be located.
The existing structures do not conform with the development
i standards of the R-3 Zone in building height, front yard setback,
rear yard setback, and East Palm Canyon Drive setback. Per
Section 94.05.03 of the Zoning Ordinance, legal nonconforming
i structures shall be permitted to continue provided that any addition,
alteration or enlargement thereto shall comply with all provisions of
the zone.
b. The site is adequate in size and shape to accommodate said use,
including yards, setbacks, walls or fences, landscaping, and other
features required in order to adjust said use to those existing or
permitted future uses of land in the neighborhood.
The subject property is 6.58 acres and is will utilize the existing lot
size and dimensions. Therefore the property is adequate in size
and shape for the proposed residential condominium use.
C. That 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.
Access will be from the existing access point on Farrell Drive.
Farrell Drive is a fully improved street which has the capacity to
carry the type and quantity of traffic to be generated by the
proposed use
d. That the conditions to be imposed and shown on the approved site
plan are deemed necessary to protect the public health, safety, and
general welfare.
The proposed subdivision is consistent with good development
practices and would be beneficial to development in the vicinity.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing the CITY
COUNCIL hereby:
Resolution No.
Page 3
1. Pursuant to CEQA, the City Council finds that, Tentative Tract Map 33035 is
categorically exempt from environmental assessment per Section 15301
(Existing Facilities) of the California Environmental Quality Act (CEQA).
2. Approves Case Tentative Tract Map 33035 to application for the creation of a
one lot, condominium map on approximately 6.58 acres is in harmony with the
various elements and objectives of the City of Palm Springs General Plan and is
not detrimental to the existing uses specifically permitted in the zone in which the
proposed use is to be located.
ADOPTED THIS 16th day of November, 2005.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
1, 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 4
EXHIBIT A
TENTATIVE TRACT MAP 33035
MOUNTAIN MEADOWS ASSOCIATES
2500 EAST PALM CANYON DRIVE
CONDITIONS OF APPROVAL
NOVEMBER 16, 2005
Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer, the Director of Planning, the
Chief of Police, the Fire Chief or their designee, depending on which department
recommended the condition.
t Any agreements, easements or covenants required to be entered into shall be in a
form approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
PLANNING:
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. 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 TTM 33035. 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.
Resolution No.
Page 5
3, That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation 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.
4. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
I 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 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.
6. The project will bring 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 C. 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.
CC&R's
7. The applicant shall submit a draft declaration of covenants, conditions and
restrictions ("CC&R's") to the Director of Planning Services for approval in a form
approved by the City Attorney, which shall be recorded prior to approval of a final
Resolution No.
Page 6
map. The CC&R's shall be enforceable by the City, shall not be amended
without City approval, shall require maintenance of all property in a good
condition and in accordance with all ordinances.
8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$5,000.00, for the review of the CC&R's by the City Attorney. A $2,000.00 filing
fee shall also be paid to the City Planning Department for administrative review
purposes.
GENERAL CONDITIONS/CODE REQUIREMENTS
9. The appeal period for a Tentative Tract Map application is 15 calendar days from
I the date of project approval. Permits will not be issued until the appeal period has
concluded.
10. In accordance with Planning Commission Resolution No. 1503, dated November
18, 1970, the developer is required to plant palm trees (14 feet from ground to
fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive.
I
11. The project shall meet all of the parking requirements of the Zoning Ordinance.
This includes, but not limited to handicap parking, parking area shade, and
covered parking, prior to the Final Map.
12. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Zoning for review and
approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the
Municipal Code for specific requirements.
13. A final landscape plan shall be submitted to the Department of Planning Services
for approval, prior to the Final Map.
14. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to the final map.
POLICE DEPARTMENT:
15. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
FIRE DEPARTMENT:
16. All Fire Department codes and regulations must be met before Final Map.
Resolution No.
Page 7
ENGINEERING:
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
17. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit,
EAST PALM CANYON DRIVE
18. All broken or off grade street improvements shall be repaired or replaced.
SOUTH FARRELL DRIVE
19. All broken or off grade street improvements shall be repaired or replaced.
MAP
20. 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 parcel 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.
21, Applicant shall provide tenant notification for subdivisions to be created from the
conversion of residential property into a condominium project in compliance with
Sections 66427.1 and 66452.3 of the Subdivision Map Act. Any improvements
within the public right-of-way require a City of Palm Springs Encroachment
Permit.
EXHIBITA
Case No. 5.1056-PD-314-TTM 33575
November 16, 20D5
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 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.
PROJECT SPECIFIC CONDITIONS
Administrative
1. The proposed development of the premises shall conform to all applicable regulations of
the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances
and resolutions which supplement the zoning district regulations.
2. 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 5.1056, Planned Development District 314 (PD 314) and
Tentative Tract Map 33575 (TTM 33575) 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
judgement or failure to appeal, shall not cause a waiver of the indemnification rights
herein.
3. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parkways,
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.
4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This
project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption
shall be completed by the City and two copies filed with the County Clerk. This application
shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee
shall in the form of a money order or cashier's check payable to Riverside County.
5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be
submitted.
6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding
I 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
I calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2%
for commercial or industrial projects, 114% for new residential subdivisions, or 114% for
new individual single-family residential units constructed on a lot located in an existing
subdivision 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 Services 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.
7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Section 66477 (Quimby Act), all residential development shall be required to contribute to
mitigate park and recreation impacts such that, prior to issuance of residential building
permits, a parkland fee or dedication shall be made. Accordingly, all residential
development shall be subject to parkland dedication requirements and/or park
improvement fees. The parkland mitigation amount shall be based upon the cost to
acquire and fully improve parkland. The applicant shall submit a property appraisal to the
Planning Services Department for the purposes of calculating the Park Fee. The Park Fee
shall be payable prior to the issuance of building permits.
8. As the property is Indian trust land, fees as required by the Agua Caliente Band of
Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the
Planning Commission.
Environmental Assessment
9. 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 as follows:
10. The developer shall reimburse the City for the City's costs incurred in monitoring the
developer's compliance with the conditions of approval and mitigation monitoring
program, including, but not limited to inspections and review of developers operations
and activities for compliance with all applicable dust and noise operations, and cultural
resource mitigation. This condition of approval is supplemental and in addition to normal
building permit and public improvement permits that may be required pursuant to the
Palm Springs Municipal Code.
CC&R's
14. 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 Services for
approval in a form to be approved by the City Attorney, to be recorded prior to certificate
of occupancy, The CC&R's shall be enforceable by the City, shall not be amended
without City approval, shall require maintenance of all property in a good condition and
in accordance with all ordinances.
15. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$10,000 or the review of the CC&R's by the City Attorney. A $250 filing fee shall also be
paid to the City Planning Department for administrative review purposes.
I
� 16. The CCR'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.
Additional Permits
17. The applicant/developer/property owner shall be required to design and construct a
custom bus shelter, which is consistent with the project architecture. The bus shelter
design shall comply with Sunline Transit bus shelter design criteria and shall be
submitted to Sunline Transit for review and comment prior to City review and approval.
The property owner shall maintain the bus shelter for the life of the project, unless a
separate maintenance agreement between the property owner and Sunline Transit is
entered into. This condition modifies Engineering Condition No 18.
Cultural Resources
18. 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.
19. Given that portions of the project area are within an alluvial formation, the possibility of
buried resources is increased. A Native American Monitor shall be present during all
ground-disturbing activities.
a) Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, 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
Services and after the consultation the Director shall have the authority to halt
destructive construction and shall notify a Qualified Archaeologist to investigate
and, 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.
l b) Two copies of any cultural resource documentation generated in connection with
this project, including reports of investigations, record search results and site
records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department and one copy to the City Planning Services Department
prior to final inspection.
Final Design
20. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for
approval by the Department of Planning Services, Department of Public Works, and
Department of Parks and Recreation, prior to issuance of a building permit. Landscape
plans shall be approved by the Riverside County Agricultural Commissioner's Office prior
to submittal. All landscaping located within the public right of way or within community
facilities districts must be approved by the Public Works Director and the Director of
Parks and Recreation.
21. The final development plans shall be submitted in accordance with Section 94.03.00 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. Final development plans shall be submitted within two (2) years of the City
Council approval of the preliminary planned development district.
22. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor
Lighting Standards, shall be submitted for review and approval by the Director of
Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of
all exterior lighting on the building and in the landscaping shall be submitted for approval
prior to issuance of a building permit. If lights are proposed to be mounted on buildings,
down-lights shall be utilized. No lighting of the hillside is permitted.
Public Safety CFD
23. 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.
GENERAL CONDITIONS/CODE REQUIREMENTS
24. Architectural approval shall be valid for a period of two (2) years. Extensions of time
may be granted by the Planning Commission upon demonstration of good cause.
25. The Tentative Tract Map and Planned Development approval shall be valid for a period
of two (2) years. Once constructed, the conditional use permit, provide all conditions of
approval have been complied with, does not have a time limit. Extensions of time may
be granted by the Planning Commission upon demonstration of good cause.
I26. The appeal period for a Planned Development District 314 (PD 314) and Tentative Tract
Map 33575 (TTM 33575) application is 15 calendar days from the date of project
approval. Permits will not be issued until the appeal period has concluded.
27. In accordance with Planning Commission Resolution No. 1503, dated November 18,
1970, the developer is required to plant palm trees (14 feet from ground to fronds in
height) 60 feet apart along the entire frontage of Palm Canyon Drive.
28. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.
The applicant shall submit an application for Final Landscape Document Package to the
Director of Planning Services for review and approval prior to the issuance of a building
permit. Refer to Chapter 6.60 of the Municipal Code for specific requirements.
29. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal
Code for specific requirements.
30. The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or landscaped.
31. Separate architectural approval and permits shall be required for all signs. A detailed
sign program shall be submitted for review and approval by the Planning Commission
prior to issuance of building permits.
32. All materials on the flat portions of the roof shall be earth tone in color.
33. All awnings shall be maintained and periodically cleaned.
34. All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 9303.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend with
the architectural design of the building(s). The exterior elevations and roof plans of the
buildings shall indicate any fixtures or equipment to be located on the roof of the
building, the equipment heights, and type of screening. Parapets shall be at least 6"
above the equipment for the purpose of screening.
35. No exterior downspouts shall be permitted on any facade on the proposed building(s)
which are visible from adjacent streets or residential and commercial areas.
36. Perimeter walls shall be designed, installed and maintained in compliance with the
corner cutback requirements as required in Section 9302.00.D.
:37. The design, height, texture and color of building(s), fences and walls shall be submitted
for review and approval prior to issuance of building permits.
38. The street address numbering/iettering shall not exceed eight inches in height.
39. Construction of any residential unit shall meet minimum soundproofing requirements
prescribed pursuant to Section 1092 and related sections of Title 25 of the California
Administrative Code. Compliance shall be demonstrated to the satisfaction of the
Director of Building and Safety.
40, Submit plans meeting City standard for approval on the proposed trash and recyclable
I materials enclosure prior to issuance of a building permit.
41. Details of pool fencing (material and color) and equipment area shall be submitted with
final landscape plan.
42. No sirens, outside paging or any type of signalization will be permitted, except approved
alarm systems.
43. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
44. 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.
45. The project shall comply with the City of Palm Springs Transportation Demand
Management (TDM) Ordinance which establishes transportation demand management
requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code
for specific requirements.
46. Prior to the issuance of building permits, locations of all telephone and electrical boxes
must be indicated on the building plans and must be completely screened and located in
the interior of the building. Electrical transformers must be located toward the interior of
the project maintaining a sufficient distance from the frontage(s) of the project. Said
transformer(s) must be adequately and decoratively screened.
47. The applicant shall provide all tenants with Conditions of Approval of this project.
48. Loading space facilities shall be provided in accordance with Section 9307.00 of the
Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior
to issuance of building permits.
49, Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces
shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be -18 feet deep by
9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap
spaces can share a common walkway. One in every eight (8) handicap accessible
spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side
and shall be designated as "van accessible".
50. Handicapped accessibility shall be indicated on the site plan to include the location of
handicapped parking spaces, the main entrance to the proposed structure and the path
of travel to the main entrance. Consideration shall be given to potential difficulties with
the handicapped accessibility to the building due to the future grading plans for the
property.
51. Compact and handicapped spaces shall be appropriately marked per Section
93.06.00.C.10.
52. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area shall
have curbs placed at a minimum of two (2) feet from the face of walls, fences or
buildings adjoining driveways.
I 53. Parking lot light fixtures shall align with stall striping and shall be located two to three
feet from curb face.
54. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to comply with
shading requirements.
55. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning
Ordinance shall be met. Details to be provided with final landscape plan.
56. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated
"U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall
provide wheel stops.
57. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end
parking spaces or end spaces shall be increased to eleven (11)feet wide.
58. Tree wells shall be provided within the parking lot and shall have a planting area of six
feet in diameter/width.
Waste Disposal
59. Trash cans shall be screened from view and kept within fifty (50) feet of the street.
POLICE DEPARTMENT
1. Developer shall comply with Section II of Chapter 8.04 of the Pahn Springs Municipal
Code.
BUILDING DEPARTMENT
1. Prior to any construction on-site, all appropriate permits must be secured.
FIRE
1. Comply with all fire regulations.
ENGINEERING DEPARTMENT
1.See attachment"B"
EXHIBIT"B"
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
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Encroachments of buildings or other structures within the public right-of-way shall require
approval of an Encroachment Agreement or Encroachment License by the City Engineer
and/or City Council (as required). The applicant shall apply for an Encroachment
Agreement or License, as necessary, prior to issuance of a building permit for buildings or
structures that encroach within the public right-of-way.
I 3. Submit street improvement plans prepared by a California registered civil engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance
of building permit.
SOUTH PALM CANYON DRIVE
4. Dedicate an additional 10 feet to provide the ultimate half street right-of-way width of 50
feet along the entire frontage, together with a property line corner cut-back at the
southwest corner of the subject property in accordance with City of Palm Springs Standard
Drawing No. 105.
5. Dedicate additional right-of-way as needed concentric with the back of the sidewalk
adjacent to the proposed bus turn-out.
6. The existing palm trees located along the South Palm Canyon Drive frontage shall be
relocated and transplanted by the applicant in conjunction with the associated street
widening; or the applicant may furnish and install new Washingtonia filifera palm trees
along the South Palm Canyon Drive frontage, at equal spacing, as approved by the
Director of Planning. The applicant shall be responsible for installation of a new irrigation
and electrical system for the palm trees to the satisfaction of the City Engineer.
7. New or transplanted palm trees shall be guaranteed for a period of 90 days from the date
of acceptance by the City Engineer. Any palm trees that fail during the 90-day landscape
maintenance period shall be replaced with a new palm tree of similar trunk diameter and
height to the satisfaction of the City Engineer, and shall be subject to a subsequent 90-day
landscape maintenance period.
8. Remove the existing curb and gutter located 36 feet east of centerline and replace with an
8 inch curb and gutter located 38 feet east of centerline along the entire frontage, with a 35
feet radius curb return at the northeast corner of the intersection of South Palm Canyon
Drive and Mesquite Avenue in accordance with City of Palm Springs Standard Drawing
No. 200 and 206. Provide a transition between the proposed main entrance and the
Tahquitz Creek Bridge, acceptable to the City Engineer, to provide for the reduction in
roadway width from the proposed 38 feet to the existing roadway width at the bridge.
9. Remove the existing cross-gutter located across the east leg of the South Palm Canyon
Drive and Mesquite Avenue intersection and construct a new 8 feet wide cross-gutter in
accordance with City of Palm Springs Standard Drawing No. 200 and 206, as necessary to
facilitate the required street improvements.
10. Construct a new 35 feet wide street intersection for the Main Entry with the centerline of
the Main Entry aligned with the existing driveway access to Rock Garden Cafe on the west
side of South Palm Canyon Drive. The Main Entry shall consist of a divided entry with one
Resolution No.
Page 16
entrance lane and one exit lane (14 feet wide each), and a landscaped median (8 feet
wide), for a total width of 35 feet, or as otherwise approved by the City Engineer or
required by the Fire Marshall. The Main Entry shall be constructed as a 35 feet wide
driveway approach, in accordance with City of Palm Springs Standard Drawing No. 205.
The median at the Main Entry shall not be constructed within the public right-of-way.
11. Construct a 24 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 460 feet north of the centerline of Mesquite Avenue, as shown on the
approved site plan. Access shall be limited to right-turn in and right-turn Out only.
12, Construct a Type C curb ramp meeting current California State Accessibility standards on
each side of the Main Entry and secondary entry driveway approaches in accordance with
City of Palm Springs Standard Drawing No. 214. The applicant shall ensure that an
appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and
shall adjust the location of the access ramps, if necessary, to meet ADA guidelines,
subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional
pedestrian and sidewalk easements shall be provided on-site to construct a path of travel
meeting ADA guidelines.
13. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance
with City of Palm Springs Standard Drawing No. 210. The sidewalk shall be constructed
of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs
Tan, or approved equal color by the Engineering Division.
14. Construct a Type A curb ramp meeting current California State Accessibility standards at
the northeast corner of the intersection of South Palm Canyon Drive and Mesquite Avenue
in accordance with City of Palm Springs Standard Drawing No. 212.
15. Construct a 14-feet wide landscaped median island along the entire frontage. Provide a
50 feet long southbound left turn pocket, and a 50 feet long northbound left turn pocket at
the Main Entry (aligned with the existing access to Rock Garden Cafe) with 90 feet long
bay tapers; and a 200 feet long southbound left turn pocket at Mesquite Avenue with a 90
feet long bay taper. The left turn pockets shall be designed in accordance with Section
405 of the current edition of the Caltrans Highway Design Manual, as approved by the City
Engineer, The median shall be constructed as necessary to pass stormwater runoff from
the west side to the east side of South Palm Canyon Drive, as may be determined during
final engineering design, subject to the review and approval by the City Engineer.
16. Submit landscaping and irrigation system improvement plans for review and approval by
the City Engineer and Director of Planning. The irrigation system shall be separately
metered from the parkway landscaping to be maintained by the applicant, for future use by
the City upon acceptance of the landscaping by the City. The plans shall be approved in
conjunction with the street improvement plans for the median and prior to issuance of a
building permit, unless otherwise allowed by the City Engineer.
17. All median landscaping shall be shall be guaranteed for a period of 90 days from the date
of acceptance by the City Engineer. Any landscaping that fails during the 90-day
landscape maintenance period shall be replaced with similar plant material to the
satisfaction of the City Engineer, and shall be subject to a subsequent 90-day landscape
maintenance period.
Resolution No.
Page 17
18. Construct a 170 feet long by 12 feet wide bus turn out on the east side of South Palm
Canyon Drive, north of Mesquite Avenue. Construction of a bus stop shelter shall be
required, with a design compatible to project architecture as approved by Sunline Transit
Agency and the Director of Planning. Bus stop furniture and other accessories, as
required by Sunline Transit Agency, shall be provided by the applicant, as necessary.
19, Construct pavement with a minimum pavement section of 5 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 340. 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.
20. Install a catch basin of appropriate size to accommodate the stormwater runoff tributary to
the existing low point along South Palm Canyon Drive (between the Tahquitz Creek bridge
and Mesquite Avenue). Install a storm drain connection pipe (HDPE pipe as allowed by
the City Engineer) from the catch basin extending north within the South Palm Canyon
Drive right-of-way, to a new outlet in the Tahquitz Creek. The public storm drain shall not
be connected to or extended on-site. The applicant shall coordinate with Riverside County
Flood Control District (RCFC) for review and approval of a new outlet structure into the
Tahquitz Creek immediately downstream from the Tahquitz Creek bridge. Submit storm
drain improvement plans for review and approval by the City Engineer and RCFC.
MESQUITE- AVENUE
21. Dedicate an additional right-of-way of 4 feet concentric with the back of the new sidewalk
adjacent to the proposed 175 feet long westbound right-turn lane at the intersection with
South Palm Canyon Drive and Mesquite Avenue, extending from South Palm Canyon
Drive to the Mesquite Avenue driveway, as required by the City Engineer.
22, Remove the existing curb and gutter located 20 feet north of centerline and replace with a
6 inch curb and gutter located 26 feet north of centerline from South Palm Canyon Drive
with an appropriate transition to 20 feet north of centerline adjacent to and west of the
Mesquite Avenue driveway. The curb and gutter shall be constructed in accordance with
City of Palm Springs Standard Drawing No. 200. The street shall be widened to provide a
20 feet wide eastbound lane, a 12 feet wide shared left-turn/through lane, and a 14 feet
wide dedicated right-turn lane.
23. Construct a 28 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 295 feet east of the centerline of South Palm Canyon Drive, as shown on
the approved site plan.
24. Construct a Type C curb ramp meeting current California State Accessibility standards on
each side of the driveway approach in accordance with City of Palm Springs Standard
Drawing No. 214. The applicant shall ensure that an appropriate path of travel, meeting
ADA guidelines, is provided across the driveway, and shall adjust the location of the
access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City
Resolution No.
Page 18
Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk
easements shall be provided on-site to construct a path of travel meeting ADA guidelines.
25. Construct an 8 feet wide sidewalk from Palm Canyon to the driveway and a 5 foot
sidewalk east of the driveway in accordance with City of Palm Springs Standard Drawing
No. 210.
26. Construct a Type A curb ramp meeting current California State Accessibility standards at
the northwest corner of the intersection of Mesquite Avenue and Random Road in
accordance with City of Palm Springs Standard Drawing No. 212.
2,7. 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 or existing gutter to
clean sawcut edge of pavement where required. 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.
28. All broken or off grade street improvements shall be repaired or replaced.
RANDOM ROAD
29. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance
with City of Palm Springs Standard Drawing No. 210.
30. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs
Standard Drawing No. 201. The centerline of the driveway approach shall be located
approximately 305 feet north of the centerline of Mesquite Avenue, aligned with San
Lorenzo Road. Access shall be limited to emergency access only. The access shall be
gated and locked with a "knox box", with access provided as required to the Fire
Department.
31. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE PRIVATE STREETS
32. The on-site layout of streets and parking spaces is subject to further review and approval
by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation
of proposed parking spaces may be required during review of construction plans for on-
site improvements during final engineering, as required by the City Engineer. Approval of
the preliminary site plan does not constitute approval of the on-site layout of streets and
parking spaces as proposed.
33. Dedicate an easement extending from back of curb to back of curb to the City of Palm
Springs for service and emergency vehicles and personnel access over the private streets.
34. All two-way on-site streets shall be a minimum of 24 feet wide (as measured from curb
face or edge of travel way).
Resolution No.
Page 19
35. All on-site streets shall be constructed with concrete wedge curbs and cross-gutters as
necessary to accept and convey on-site stonrwater runoff to the on-site storm drain
system, in accordance with applicable City Standards.
I
36. Construct pavement with a minimum pavement section of 2'/ inches asphalt concrete
pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 950A 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.
37. Parking shall be restricted along both sides of the on-site streets, as necessary to maintain
a minimum 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking"
signs or red curb shall be installed along the private streets as necessary to enforce
parking restrictions. The Home Owners Association (HOA) shall be responsible for
regulating and maintaining required no parking restrictions, which shall be included in
Covenants, Conditions, and Restrictions (CC&R's) required for the development.
38. Proposed parking spaces located on Lot "E" shall be deleted. Lot "E" shall be provided as
a minimum 20 feet wide emergency access driveway to Random Road, as required by the
Fire Marshall,
SANITARY SEWER
39. All sanitary facilities shall be connected to the public sewer system.
40. All on-site sewer systems shall be privately maintained by a Home Owners Association
(HOA). Provisions for maintenance of the on-site sewer system acceptable to the City
Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's)
required for this project.
41. An on-site private sewer system shall be constructed to collect sewage from the
development and connect to the existing public sewer system. Sewer plans shall be
submitted to the Engineering Division for review and approval. Private on-site sewer mains
shall conform to City sewer design standards, including construction of 8 inch V.C.P.
sewer main and standard sewer manholes. A profile view of the on-site private sewer
mains is not necessary provided sufficient invert information is provided in the plan view,
including elevations with conflicting utility lines. Connection of the on-site private sewer
system to the public sewer main shall be made as a standard lateral connection into the
existing public sewer mains located in Mesquite Avenue and Random Road in accordance
with City of Palm Springs Standard Drawing No. 405. 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
42. Submit a Precise Grading and Paving Plan prepared by a California registered civil
engineer or qualified Architect 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.
Resolution No.
Page 20
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 have 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.
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 the approved tentative tract map; a copy of current Title Report; a copy of Soils
Report; and a copy of the associated Hydrology Study/Report.
43. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance
water from entering the public streets, roadways, or gutters.
44. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued
from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is
required for the proposed development. A copy of the executed permit shall be provided to
the City Engineer prior to approval of a Grading Plan.
45. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the
applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per
disturbed acre for mitigation measures for erosion/blowsand relating to this property and
development.
46. A 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 soils report shall be submitted to the Building Department and to the
Engineering Division prior to approval of the Grading Plan.
47. In cooperation with the Riverside County Agricultural Commissioner and the California
Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading
permits involving a grading plan and involving the export of soil will be required to present
a clearance document from a Department of Food and Agriculture representative in the
form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas
of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of
the Grading Plan (if required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
Resolution No.
Page 21
DRAINAGE
48. All stormwater runoff across the property shall be accepted and conveyed in a manner
acceptable to the City Engineer and released to Palm Springs Master Storm Drain Line 29
through an on-site storm drain system. Stormwater runoff may not be released directly to
Storm Drain Line 29 or adjacent streets without first intercepting and treating with
approved Best Management Practices (BMP's).
49. 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.
50. The on-site storm drain system, including storm drain pipe sizing, catch basin sizing and
other specifications for construction of required on-site storm drainage improvements shall
be finalized in a Hydrology Report, subject to review and approval by the City Engineer, for
this development.
51, Submit storm drain improvement plans for all on-site private storm drain improvements for
review and approval by the City Engineer.
52. Construct storm drainage improvements, including but not limited to, catch basins and
storm drain lines, for drainage of the development into Storm Drain Line 29, subject to the
review and approval by the City of Palm Springs and Riverside County Flood Control
District (RCFC).
53. The applicant shall construct Palm Springs Master Storm Drain Line 29 from the Tahquitz
Creek outlet extending up Random Road to Mesquite Avenue. The applicant shall
coordinate with Riverside County Flood Control District (RCFC) for the design and
installation of Storm Drain Line 29, including associated catch basins and storm drain
connector pipes, along both sides of Random Road up to the intersection with Mesquite
Avenue. The construction of Storm Drain Line 29 shall be completed prior to issuance of a
certificate of occupancy, unless otherwise allowed by the City Engineer.
54. The project is subject to flood control and drainage implementation fees. The acreage
drainage fee at the present time is $7,271.00 per acre in accordance with Resolution No.
15189, Any design and construction costs associated with the construction of Stor n Drain
Line 29 may be credited against drainage implementation fees otherwise due. The
applicant shall coordinate the credit of drainage implementation fees with the City and
Riverside County Flood Control District (RCFC) through approval of a Cooperative
Agreement between the applicant, the City of Palm Springs, and RCFC, prior to issuance
of building permits. In the event construction of Storm Drain Line 29 is not completed prior
to an application for building permits, the drainage implementation fee applicable to any
building permit(s) shall be paid, with the fee(s) being added to the total costs related to the
construction of Storm Drain Line 29 for which credit of drainage implementation fees will
be considered.
55, All on-site storm drain systems shall be privately maintained by a Homeowners
Association (HOA). Provisions for maintenance of the on-site storm drain systems
Resolution No.
Page 22
acceptable to the City Engineer shall be included in Covenants, Conditions and
Restrictions (CC&R's) required for this project.
GENERAL
56. Any utility trenches or other excavations within existing asphalt concrete pavement of off-
site streets required by the proposed development shall be backfilled and repaired in
accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be
responsible for removing, grinding, paving and/or overlaying existing asphalt concrete
pavement of off-site streets as required by and at the discretion of the City Engineer,
including additional pavement repairs to pavement repairs made by utility companies for
utilities installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner, Verizon,
etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete
pavement of off-site streets required by the proposed development may require complete
grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of
the City Engineer. The pavement condition of the existing off-site streets shall be returned
to a condition equal to or better than existed prior to construction of the proposed
development.
57. All proposed utility lines shall be installed underground.
58. 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 transacting, 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.
A detailed plan approved by the owner(s) of the affected utilities depicting all above
ground facilities in the area of the project to be undergrounded, shall be submitted to the
Engineering Division prior to approval of any grading plan. The existing overhead utilities
across the north property line meet the requirement to be installed underground. Utility
undergrounding shall be shall be completed prior to issuance of a certificate of occupancy.
59. All existing utilities shall be shown on the grading/street plans. The existing and proposed
service laterals shall be shown from the main line to the property line.
60. 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 drawing file) and
DXF (AutoCAD ASCII drawing exchange file). 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.
61. 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 certificate of occupancy. Any
modifications or changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction.
Resolution No.
Page 23
62. 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.
63. 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 per City of Palm Springs
Standard Drawing No. 904.
MAP
64. 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 parcel 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.
65. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the
City Engineer for review and approval for any restrictions related to the Engineering
Division's recommendations. The CC&R's shall be provided with the first submittal of the
final map, and shall be approved by the City Engineer prior to approval of the Final Map.
66. 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 drawing file), DGN (Microstation drawing file), and
DXF (AutoCAD ASCII drawing exchange file). 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
67. The applicant shall install traffic calming measures as approved by the City Engineer and
the neighborhood, including but not limited to, an entrance statement, monument sign, or
other features, at the intersection of Mesquite Avenue and Random Road.
63. Relocate and modify the existing traffic signal at the intersection of South Palm Canyon
Drive and Mesquite Avenue, in conjunction with the associated widening of South Palm
Canyon Drive. The applicant shall submit traffic signal modification plans prepared by a
California registered Civil Engineer or Traffic Engineer for review and approval by the City
Engineer. The traffic signal shall be installed and operational prior to issuance of a
Certificate of Occupancy, unless otherwise allowed by the City Engineer.
Resolution No.
Page 24
69. Install a traffic signal at the intersection of South Palm Canyon Drive and the Main Entry.
The applicant shall submit traffic signal installation plans prepared by a California
registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer.
The traffic signal shall be installed and operational prior to issuance of a Certificate of
Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be
responsible for 100% of the cost to design and install the traffic signal; however, the
applicant's fair share cost of this improvement is 50%. Any other developer's fair share
costs that the City may receive for this traffic signal may be reimbursed to the applicant
subject to the terms of a reimbursement agreement, up to a maximum of 50% of the total
cost.
70. If reimbursement of costs associated with traffic mitigation measures is requested in
writing by the applicant, the applicant shall submit a formal request for preparation of a
Reimbursement Agreement and a $2,500 deposit for City staff time associated with the
preparation of the Reimbursement Agreement, including City Attorney fees. The applicant
shall be responsible for payment of all associated staff time and expenses necessary in
the preparation and processing of the Reimbursement Agreement with the City Council,
and shall submit additional deposits as necessary when requested by the City, which are
included in the amount that may be reimbursed to the applicant through the
Reimbursement Agreement. The Reimbursement Agreement is subject to the City
Council's review and approval, and its approval is not guaranteed nor implied by this
condition.
71, Install traffic striping and signage improvements at the intersection of South Palm Canyon
Drive and Mesquite Avenue to provide a 12 feet wide westbound left-turn lane, and a 14
feet wide exclusive westbound right-turn lane. Parking shall be prohibited along the north
side of Mesquite Avenue, west of the Mesquite Avenue driveway. Submit traffic striping
and signage plans to the City Engineer for review and approval. Required traffic striping
and signage improvements shall be completed prior to issuance of a certificate of
occupancy.
72. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap
accessibility. Minimum clearance on public sidewalks shall be provided by either an
additional dedication of a sidewalk casement (if necessary) and widening of the sidewalk;
or by the relocation of any obstructions within the public sidewalk along the South Palm
Canyon Drive, Mesquite Avenue, and Random Road frontages of the subject property.
73. All damaged, destroyed, or modified pavement legends, traffic control devices, signing,
and striping associated with the proposed development shall be replaced as required by
the City Engineer prior to issuance of a Certificate of Occupancy.
74. Submit traffic striping plans for South Palm Canyon Drive and Mesquite Avenue, prepared
by a California registered civil engineer, for review and approval by the City Engineer. All
required traffic striping and signage improvements shall be completed in conjunction with
required street improvements, to the satisfaction of the City Engineer, and prior to
issuance of a certificate of occupancy.
75. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development
at the secondary driveway on South Palm Canyon Drive and the Mesquite Avenue
driveway, in accordance with City of Palm Springs Standard Drawing Nos. 620-625.
Resolution No.
Page 25
76. Install stop controls at on-site street intersections, as required by the City Engineer.
77. A decorative street light shall be provided as part of the Mesquite Avenue and Random
Road intersection traffic calming program, to the satisfaction of the Director of Planning
and City Engineer. The applicant shall be responsible for providing and maintaining
electrical service to the decorative street light.
78. Construction signing, lighting and barricading shall be provided for on all projects 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 State of
California, Department of Transportation, "Manual of Traffic Controls for Construction and
Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of
construction.
79. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid
prior to issuance of building permit.
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
TENTATIVE TRACT MAP 33035
MOUNTAIN MEADOWS ASSOCIATES
2500 EAST PALM CANYON 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 16, 2005. The City Council meeting begins at
6:00 p.m. in the Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
r
i The purpose of this hearing is to consider an application by Mountain Meadows Associates for
TTM 33035 to allow a Tentative Tract Map to create a one lot, condominium map for the
conversion of the 129 existing apartments units to 129 condominiums units. The project is
located at 2500 East Palm Canyon Drive, Zone R-3, Section 24. APN: 502-310-054 and 502-
310-055.
ENVIRONMENTAL DETERMINATION: An Environmental Assessment has been prepared
and will be reviewed by the City Council at the meeting. This project is categorically exempt
from environmental review pursuant to Section 15315 (Minor Land Alterations) of the California
Environmental Quality Act (CEQA), whereas the proposed Tentative Parcel Map meets the
conditions outlined for Minor Land Alterations. Members of the public may view this document
in the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs,
and submit written comments at, or prior,to the City Council hearing.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
regarding this matter are available for public review at the City 1-1211 between the hours of 8:00
a.m. and 5:00 p.m. Monday through Friday. 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 can be made to the City
Council by letter(for mail or hand delivery)to:
James Thompson, City Clerk
City of Palm Springs
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 Norm Canchola, Planning Services Department of(7M0)_
323-8245.
Si necesita ayuda con esta carta, porfavor Ilame a la Ciudad de Palm Springs 3: puede hablar
con Nadine Mager telefono (760)323-8245.
14mes Thompson, City Clerk
Department of Planning Services N
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CITY OF PALM SPRINGS
CASE NO.: Tentative Tract Map 33035 DESCRIPTION: Application by Mountain Meadows
Associates for a Tentative Tract Map to create a one
APPLICANT: Mountain Meadows Associates lot, condominium map for the conversion of the 129
existing apartments units to 129 condominiums units,
located at 2500 East Palm Canyon Drive, Zone R-3,
Section 24,APN 502310054 and 5D2310055.
•�• - — -
�QALM SR
City of Palm Spring
Office of the City Cleric
3200 H.Tahgmtz Canyon Way ° P21m Springs,Catiforma 92262
c141FORN-,P Tel:(760)323-3204 • Pax-(760)322-8332 - Web.w %v.ci.palm-spnngsxa.us
AFFIDAVIT
OF
MAILING NOTICES
I, the undersigned City Clerk of the City of Palm Springs, California, do hereby
certify that a copy of the Notice of Public Hearing to consider an application by
Mountain Meadows Associates for TTM 33035 to allow a Tentative Tract Map to
create a one lot, condominium map for the conversion of the 129 existing
apartments units to 129 condominiums units. The project is located at 2500 East
Palm Canyon Drive, Zone R-3, Section 24. APN: 502-310-054 and 502-310-
055, on November 16, 2005. A copy of said notice was mailed to each and every
person set forth an the attached list on the 3rd day of November, 2005, in a sealed
envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm
Springs, California. (219 notices mailed)
I declare under penalty of perjury that the foregoing is true and correct,
Dated at Palm Springs, California, this 3`d day of November, 2005.
EW
AMESTHOMPSON
City Clerk
i
/kdh
H:\USERS\C-CLK\Hearing Notices\Afidavit-Mountain Meadows
Post Office Box 2743 0 Palm Springs, California 92263-2743
502-431-017 502-432-OI5
USA BIA USA BIA
2350 VIA SONOMA A B
PALM SPRINGS,CA 92264
502-432-041
USA BIA
I
502-432-023
USA BIA
502-431-025
USA BIA
2462 VIA SONOMA#F
PALM SPRINGS, CA 92264
502-432-012
USA BIA
502-432-022
USA BIA
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
TENTATIVE TRACT MAP 33035
MOUNTAIN MEADOWS ASSOCIATES
2500 EAST PALM CANYON 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 16, 2006, 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 application by Mountain Meadows Associates for
TTM 33035 to allow a Tentative Tract Map to create a one lot, condominium map for the
conversion of the 129 existing apartments units to 129 condominiums units. The project is
located at 2500 East Palm Canyon Drive, Zone R-3, Section 24. APN: 502-310-054 and 502-
310-065.
ENVIRONMENTAL DETERMINATION: An Environmental Assessment has been prepared
and will be reviewed by the City Council at the meeting. This project is categorically exempt
from environmental review pursuant to Section 15315 (Minor Land Alterations) of the California
Environmental Quality Act (CEQA), whereas the proposed Tentative Parcel Map meets the
i conditions outlined for Minor Land Alterations. Members of the public may view this document
in the Planning Services Department, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs,
and submit written comments at, or prior, to the City Council hearing.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents
[ regarding this matter are available for public review at the City Hall between the hours of 8:00
a.m. and 5:00 p.m. Monday through Friday. 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 can be made to the City
Council by letter(for mail or hand delivery)to:
James Thompson, City Clerk
City of Palm Springs
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][21).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to Norm Canchola, Planning Services Department at (760)
323-8245.
Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760)323-8245.
f%'
mes Thompson, City lerk
0
4`F i*V C)
f,.
11tL t
760�11� j1 ;1x jf�'i :1r
dIGf'il=''CiI�
PROOF OF PUBLICATION This ts spa
cf�6i0ouityei&lks Filing Stamp
(2015.5.C.C,P)
No. 4114
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS -
TENTATIVE TRACT MAP 33035
MOUNTAIN MEADOWS ASSOCIATES
2500 EAST PALM CANYON DRIVE
STATE UE CALIFORNIA NOTICE IS HEREBY GIVEN that the City Council
County of Riverside of the City of Palm Springs,.California,will hold a
public hearing at Its meetingg of November 16,
2005 The City Council meeting begins at 6:00
PP m. in the Council Chamber at City Hall, $200
Eset Tahquitz Canyon Way, Palm Springs
The purpose of this hearing is to consider an do-
Rtlan by Mountain Meadows Associates for
33035 to allow a Tentative Tract Map to cre-
ate a one lot, condominium map for the conver-
napartments units to 129
I am a citizen of the United States and a resident of condominiums Write..plan of the 129 exlsti '�ha profecl is located at
the County aforesaid;I am ovm'the age of eighteen 2500 East Palm Cagi i Drivnd e,
Zero R 5:Section
years,and not a party to or interested in the 24.
above-otttitled matter.I am the principal clerk of n a .
printer of the,DESERT SUN PUBLISHING
COMPANY a newspaper of general circulation, �r'I-�•-:_ -IpIT{
printed and published in the city of Palm Springs, . ', - i q
,I
County of Riverside,and which newspaper has been ' ,1�� ' ' I I ci I tlhl;:-,.•al••�•
adjudged a newspaper of general circulation by the
Superior Court of the County of Riverside,State of
California under the date of March 24,]988.Case —_-
Number 191236;that the notice,of which the l
nnoexed is a printed copy(set In type not smaller I Q
than non portal,has been published in each regular•,..
and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit: ^ ••---^-• �;�:
ENVIRONMENTAL DETERMINATION:An Envl-
November 50',2005 ammental Assessment has been prepared and
mil be reviewed
eviieed,by the City Council at the meet-
g, project Is categorically exempt from an-
vlronmenat review pursuant to Section 15315
(Mina, Land Alterations of the California Envaon-
--------_______________._-___________—____..__—____— mantel Quality Act(CE�A),whereas the proposed
Tentative Parcel Map meets the Gonda ons out-
All In the year 2005 lined for Minor Land Alterations. Members of the
public mu view this document In the Planning
Services Department,City Hall, 3200 East Tah-
]CCI"flf or declare)under coal Of CT'm• that the ggitz Canyon Way, Palm Sprngs, and submit
Y( penalty perjury Y written comments at,or prier,to the City Council
foregoing is true and correct. hearing.
REVIEW OF PROJECT INFORMATION:The staff
Dated at Palm Springs,California this----5 ,il' — ref art and other supporting documents regarding
--day this matter are available For puhllc review at the
City Hall between the hours of 8:00 s.m.and 5:00
p.m Monday throe h Pride . Please contact the
ot=-------N vemb r�-`� ---__________—,2005 Qfflce of ma c1ry Cgierk at (isa) 323-ezoa if you
e }
- these like to documents.
to an appointment to review
1 these documents.
I COMMENT ON THIS APPLICATION: Response
___-__-----i� ` �� to this notice may be made verbally at the Public
--f-"-------^—'^-••--- Hearing andlar In writing before the hcanng.Will-I
ten comments can be made to the City Council
by letter(far mall or hand delivery)to-
James Thompson.City Clerk
3200 E.Tahquitz Canyyon Way
Palm Springs, CA 92262
Any ch a 0 of the proposed pro act In court
maY be limited to raising only those�ssues raised
at the public to described in this notice, or
rre In written cospondence ell ere
to ilia City
Clerk at. or Pnor.to Ilia Ppublic hear ng. (Govern-
111 4 re 0 ment Code Section 65009[h][2])
ke^p .iipr}' An opportunity will be given at said hearing for all
,� FFF111 / Y Interested persons to be heard.questions regard-
�t NNN PI thls case may be directed to No"Canchold,
Planning Services Department at(760)323-8245.
Si neceslta ayuda C06 esta cartel,porfavor llama a
la Ciudad de Palm Springs y peace hablar can
Nadine Feger teletonc D' 0)323-8245. 1
James Thompson,City Clark
Published: Nov 5,2005
OF p A L M SA4 •
N City of' balm Springs
V
Officeof the City Clerk
H
3200 E.Tahqui[z Canyon
Way • Palm Springs,Call£olnia 92262
rFoeN Tel:(760)323-8204 • Fax:(760)322-8332 • Web: s^ wxi palm-spriugs.ca.us
November 3, 2005
Ms. Claudia Salgado
Bureau of Indian Affairs
901 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Dear Ms. Salgado:
RE: City Council Meeting—November 16, 2005
Tentative Tract Map 33035—Mountain Meadows Associates
2500 E. Palm Canyon Drive
The City Council of the City of Palm Springs will be conducting a public hearing relating to the
above referenced subject on November 16, 2005. Attached are seven copies of the public
hearing notice to be forwarded to the appropriate Indian landowner(s)within the 400 ft. radius of
the project location.
The parcels of Indian owned land within the 400 ft. radius of the project are listed below:
502-431-017 502-431-025
502-432-015 502-432-012
502-432-041 502-432-022
502-432-023
Please feel free to contact me if there are any questions or concerns, 323-8206.
l Sincerely,
r
Kathie Hart, CIVIC
Chief Deputy City Clerk
1kdh
HAUSERS\C-CLMW ofing NahceslPoblic Heanng Notices to BIA-Mounlain MeadoWS
Attachment: Public Hearing Notice (7 copies)
Post Office Box 2743 • Palm Springs, California 92263-2743