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HomeMy WebLinkAbout3/16/2005 - STAFF REPORTS (9) DATE: MARCH 16, 2005 TO: CITY COUNCIL FROM: DIRECTOR OF PLANNING SERVICES CASE TTM32378 — AN APPLICATION BY 500 E. PALM CANYON, LLC FOR TENTATIVE TRACT MAP FOR A ONE LOT, CONDOMINIUM MAP OF APPROXIMATELY 0.92 ACRES. LOCATED AT 500 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 12, APN 508353037 AND 508353038. RECOMMENDATION That the City Council approve Tentative Tract Map 32378 to create a residential condominium map of approximately 0.92 acres, located at 500 East Palm Canyon Drive, Zone R-3, Section 12. SUMMARY The Tentative Tract Map is brought before the City Council for review and consideration. The Planning Commission met on February 9, 2005 and voted to 6-0 to approve 1. Conditional Use Permit and associated Architectural Approval to construct 11, two- story, residential condominium units with attached garages. 2. Administrative Minor Modification for relief in the front yard set back and side yard set back. 3. To recommend to the City Council approval of a Tentative Tract Map for a one lot condominium map for 11 residential condominiums. The Architectural Advisory Committee reviewed this project on January 24, 2005 and recommended approval subject to the following: They want to see the detailed drawings of the landscape and final wall design after the noise study is complete BACKGROUND 500 E. Palm Canyon, LLC ("the applicant') has submitted an application for a Conditional Use Permit, a Tentative Tract Map, Architectural Approval and Administrative Minor Modification ("project'). The proposed project is located at 500 East Palm Canyon Drive. The purpose of the Conditional Use Permit and associated Architectural Approval is to allow the 11-unit, multiple-family residential use in the Resort Overlay Zone, as permitted by the underlying R-3 Zone designation. The Administrative Minor Modification proposes a front yard setback from 30 feet to 26 feet (13%), side yard setback from 25 feet to 21 feet (16%), and parking from 27 parking spaces to 25 parking spaces (8%). \keml . .9 0" The Tentative Tract Map proposes to create a one lot, residential condominium map of approximately 0.92 acres. The Architectural Advisory Committee reviewed this project on January 10, 2005 and voted to restudy the material and streetscape along East Palm Canyon Drive and approve the landscape and overall architecture. The restudy vote was due to the following: • 2-piece tile roof • Smooth stucco finish • Streetscape along East Palm Canyon Drive that shows the proposed wall The applicant complied with all of the requests of the Architectural Advisory Committee by changing the roof material to two-piece clay tile, smooth steel trowel stucco finish and provided Architectural Advisory Committee with a streetscape along Palm Canyon Drive. The Architectural Advisory Committee reviewed this project on January 24, 2005 and recommended approval subject to the following: • They want to see the detailed drawings of the landscape and final wall design after the noise study is complete The Architectural Advisory Committee wanted to make sure that increasing the wall height to meet noise requirements, will no have an adverse visual affect along Palm Canyon Drive. The landscape would include mounds to offset the wall height and a non- linear wall. Therefore, staff added a Condition of Approval for the Conditional Use Permit and associated Architectural Approval, already approved by the Planning Commission, that will require the detailed drawings for street frontage along Palm Canyon Drive for final review of the landscape and the wall by the Architectural Advisory Committee. On January 25, 2005, the applicant completed a noise study, which calls for a six foot tall wall for 100 feet along the southwestern property line and a five foot tall wall for 200 feet along the south and west property lines. The Conditional Use Permit and associated Architectural Approval is dependent upon the approval of the tract map. If the Tract Map is approved, the applicant will submit detailed plans along Palm Canyon Drive for review by the Architectural Review Committee, specifically the landscape and wall, prior to any permits issued. ADJACENT LAND USES, GENERAL PLAN AND ZONING: Adjacent land uses are the following: General Plan Zoning Land Uses North H43/21 R-3 Hotel / Multiple-Family Residential South H43/21 R-1-A/ R-2 Hotel / Multiple-Family Residential East H43/21 R-3 Hotel / Multiple-Family Residential West H43/21 R-1-13 / R-G-A (6) Hotel / Multiple-Family Residential ANALYSIS The General Plan designation is H43/21 (High Density Residential). This provides for a maximum density of 21 units per acre. Appropriate residential development is multi- family residential and similar permanent housing. Policy 3.8.2 requires a minimum of 45% of the lot to be maintained as open space/recreational area. Policy 3.8.3 limits development to 2 and three story structures. The proposed project consists of 2 story condominium units with a maximum height of 24 feet and 53% open space, therefore the proposed project is consistent with the General Plan. The subject property has a Resort Overlay designation. The Resort Overlay designation is intended to provide for accommodations and services for visitors while guarding against the intrusion of competing land uses, per Section 92.25.00 of the Zoning Ordinance. The proposed project is to construct 11 new, residential condominiums, thus requiring a Conditional Use Permit and the findings per Section 94.02.00 of the Zoning Ordinance. The Planning Commission approved the Conditional Use Permit based on the following: the subject site is too small to develop a resort hotel. A project site of approximately 5 acres would be required to meet the 100 unit requirement for a resort hotel, and multiple-family residential is a permitted use in the R-3 Zone. ENVIRONMENTAL ASSESMENT: The proposed project is categorically exempt from environmental assessment pursuant to Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA), whereby the proposed project is characterized as in-fill development and meets the following conditions: NOTIFICATION: The public hearing notice for the proposed project was published in the Desert Sun newspaper. All property owners within 400' of the project site have been notified of the public hearing. As of the writing of this report, staff has not received any correspondence. YAl �rr nn g Service17 a, � City Manager 4 a. ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution 3. Draft Conditions Of Approval 4. Copy of Planning Commission Staff Report 5. Copy of Planning Commission Resolution 6. Copy of Planning Commission Conditions of Approval MF U04 PROOF OF PUBLICATION This;s space for County Cleric's Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside No.1a11 NOTICE OF PUBLIC HEARING PLANNING COMMISSION CITY OF PALM SPRINGS CASE TTM 32378 & 5,1015 PD-308 I am a citizen of the United States and a resident of TENTATIVE TRACT MAP AND the County aforesaid;I am over the age of eighteen PLANNED DEVELOPMENT DISTRICT year's,and not a party to of interested in the 500 EAST PALM CANYON DRIVE above-entitled matter.I am the principal clerk of a APN 508353037 &508353038 ' printer of the,DESERT SUN PUBLISHING NOTICE IS HEREBY GIVEN that the Planning COMPANY a newspaper of general circulation, Commission of the City of Palm Springs, Califor- nia, will hold a pubiic hearing at its meeting of printed and published in the city of Palm Springs, February g, 2005 The Planning Commission meetin begins at 1:30 P.M. (public hearings be- County of Riverside,and which newspaper has been Mn at U0 p.m.) in the Council Chamber at City Mn 3200 E. Tahqultz Canyon Way, Palm adjudged a newspaper of general circulation by the springs. Superior Court of the County of Riverside,State of The pmoose of this hearing is to,consider an do- California under the date of March 24,1988.Case cation by 500 F. Palm Canyon, LLC for a Ten- t pp ative Tract Map and Planned Development DIs- Number 191236;that the notice,of which the trlct to construct-11 residential condominiums annexed is a printed copy(set in type not smaller R-3'Secti o 23 Anstapaprovala ofotherTentative than non oriel,has been published in each regular Tract Map and Planned Development District will p' p g require the app'oval of the Planning Commission d.:r and entire issue of said newspaper and not in any and the City Council. / (� •(? supplement thereof on the following dates,to wit: o,,,,,m,.,- : January 30`' ---------------------------------------------- -------------------------------------------------------------- 1 All in the year 2005 - - - I certify(or declare)under penalty of perjury that the --- -- �- foregoing is true and correct. Dated at Palm Springs,California this----I°r----day ,l ,.` of the ......m o �*7, mental review �I%� � p .�.,.u.r.. .�- construction jfe] tit=-----Febroar 2005 '^ This ro act Is categorically exempt from envlron- V p t to Section 15332 (in-Fillnew Develo event Callfornla Environmental Devely Act ( EGA), whereas the proposed new ____------ ____ ________ meats the conditions outlined for In Signature Fill Development. If any Individual or group challenges the action In ourt, Issues raised may be limited to onlyy those sues raised at the public hearing descrlhed In olrl to tithe PlanningltCommission hearing. or prl- An opportunity will be given at said hearing for all Interested persons to be heard. Questions regard- sanet to 4tthew Peska. Associate Planner be directed 3-825 SI neceslta eyuda con esta carte, porfavor Memo a (a Ciudad de Palm Springs Y puede habiar con Nadine Fleger telefono (760) 323-8245. Gary Wayne Director of Planning Services- OF PALM Sp U, ��, ,0 Clay ®f Palm Springs Office of the City Clerk �Cp RPoaare° 3200 Tahgma Canyon Way •Palm Springs,CahEomia 92262 cq1 FO RN" TEL (760)323-8204 •TDD:(760)864-9527 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 500 E. Palm Canyon, LLC for a Tentative Tract Map for one lot, residential condominium map to construct 11, two-story residential condominiums with attached garages, located at 500 East Palm Canyon Drive, Zone R-3, Section 23, at 7:00 p.m., on March 16, 2005. A copy of said notice was mailed to each and every person set forth on the attached list on the 3rd day of March, 2005, in a sealed envelope, with postage prepaid, and depositing same in the U.S. Mail at Palm Springs, California. (47 notices) I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 3rd day of March, 2005. %"°'ES THOMPSON ity Clerk (WAX Post Office Box 2743 • Palm Springs, California 92263-2743 PROOF OF PUBLICATION This,s space for County Clerics Filing Stamp (2015.5.C.C.P) STATE OF CALIFORNIA County of Riverside No 1309 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS I am a citizen of the United States and a resident of CASE TTM 32378 the County aforesaid;I am over the age of eighteen TENTATIVE TRACT MAP years,and not a party to or interested in the 500 EAST PALM CANYON DRIVE above-entitled matter.I am the principal clerk of a APN 508353037 d 508353038 printer of the,DESERT SUN PUBLISHING NOTICE IS HEREev GIVEN that the City council COMPANY a newspaper of general circulation, of the City of Palm Springs, California,will hold a 1 inted and published in the city of Palm Springs, public hearing at its meeting of March 16, 2005, P P tY The City Council meeting begins at 7,00 .m. in County of Riverside,and which newspaper has been the Council Chamber at City Flail, 3260 �. Tah- adjudged a newspaper of general circulation by the quitz Canyon way, Palm Springs. Superior Court of the County of Riverside State of The purpose of this hearing Is to consider an ap- t ty > p]Icatwn by 500 E. Palm Oanyon, LLC for a Ten- California under the date of March 24, 1988.Case ative Tract Map for a one lot, residential condo- minium map to construct 11,two-story, reslden- Number 191236;that the notice,of which the tial condominiums with attached garagges, located 500 East Palm Canyon Drive, Zane R3, Section annexed is a printed copy(set in type not smaller 23. than non pariel,has been published in each regular and entire issue of said newspaper and not in any - supplement thereof on the following dates,to wit: March 5"' 1-- r- ---------- ------ ------ -------------- ------- ---- �a- All in the year 2005 —�— I certify(or declare)under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs,California this----I1"'- -day -This project Is categorically exempt from environ- of------March---------,2005 mental review pursuant to Section 15332 (In-Fill Development) of the California Environmental _ Quality Act(CEQA), whereas the proposed new constructlan meets the conditions outlined for In- Fill Development. If any individual or group challenges the action inSignature court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or pri- or to, the City Council hearing. t � Qi.� An opportunity will be given heard said hearing for all interested persons be di heard' Matthew rFeske, " +:e Ing this case, ney be 760) 2 to Matthew Feska, Assoolate Planner at (76D) 323-8245. �+ G, Si necesita ayuda con esta cada,porfavor(lame a la Ciudad de Palm Springs Y puede hablar con .a Nadine Fieger telefono (760) 23-8245. James Thompson City Clerk Pub: March 5, 2005 NOTICE OF PUBLIC HEARING CITY COUNCIL CITY OF PALM SPRINGS CASE TTM 32378 TENTATIVE TRACT MAP 500 EAST PALM CANYON DRIVE APN 508353037 & 508353038 NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of March 16, 2005. The City Council meeting begins at 7:00 p.m. in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this hearing is to consider an application by 500 E. Palm Canyon, LLC for a Tentative Tract Map for a one lot, residential condominium map to construct 11, two-story, residential condominiums with attached garages, located 500 East Palm Canyon Drive, Zone R-3, Section 23. This project is categorically exempt from environmental review pursuant to Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA), whereas the proposed new construction meets the conditions outlined for In-Fill Development. If any individual or group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to, the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Matthew Feske, Associate Planner at (760) 323-8245. Si necesita ayuda con esta carta, portavor Ilame a la Ciudad de Palm Springs y puede hablar con Nadine Fieger telefono (760) 323-8245. �.nG"T art-2v�c'--? ----- /l mes Thompson l J ity Clerk t�a�m sa Department of Planning and Zoning N Vicinity Map `cRClF9RM14•* S I O K AVENIDA OR7EGA W LL Q VSITE - In E PALM CANYON DR CITY OF PALM SPRINGS CASE NO.: 5.1015 CUP DESCRIPTION: Application by 500 E. TTM 32378 Palm Canyon, LLC for a tentative Tract Map and Planned Development District APPLICANT: 500 E. PALM CANYON, LLC 308 to construct 11 condominium units on approximately 0.92 acres. Location 500 East Palm Canyon Drive, Zone R-3, Section 23. �or� �g -2743 N Gretchen Napoli6o v 402 Via Hidalgo Greenbrae, CA 94904 NIXIE- I'D 49 -L 1.0 01/1.5/OS r*F,rwm To NOT DFLIVURAMME AM AQE)PE',S.Sr-'.r LINVIVILV TO PORWARD MC: 91226,ni '7434* C'S-q." City of Palm spril-Igs cl- Office of the City Clerlz P.O. Box 2743 Paln'SPrings, California 92263-2743 Arthur P1,11leger 68870 Loq Gatos Rd Cathedral City, CA 92234 Harris&Jerry Wise 3281 E Guasti Rd#603 Ontario, CA 91761 RETURN TO SENDER ATTEMPTED - NOT KNOWN UNABLE TO FORWARD MC; 92253274343 B Smith & p 0 Box 4220" Palm Sprin S,--CA I I,a §226 f 1 [OLE,.!419, maps Robert Nunes Jr. Nance Beebe Gretchen Napolitano 1542 Tower Grove Dr 380 Avenida Ortega 402 Via Hidalgo Beverly Hills,CA 90210 Palm Springs, CA 92264 Greenbrae, CA 94904 Harris&Jerry Wise Steve&Misako Samiof Laquita Casitas 3281 E Guasd Rd 4603 1611 S Calle Palo Fierro 450 E Palm Canyon Dr Ontario, CA 91761 Palm Springs, CA 92264 Palm Springs, CA 92264 Weldon Thompson& Sherry Thompson Weldon Thompson&Sherry Thompson Palm Springs Apartments Llc PO Box 4886 PO Box 4886 702 Randolph Ave#A Palm Springs, CA 92263 Palm Springs, CA 92263 Costa Mesa, CA 92626 Chabad Of Palm Springs Inc Casitas Laquita Llc& Riki Brand PO Box 8218 Laquita Durham 509 N Linden Dr Palm Springs, CA 92263 450 E Palm Canyon Dr Beverly Hills, CA 90210 Palm Springs, CA 92264 Robert Ashby&Jerry Trussell Robert Devicards&Joyce Devicariis Thomas Tominsky 507 Wicheu Ave#106 1511 S Indian Trl 410 Avenida Ortega Oakland, CA 94610 Palm Springs, CA 92264 Palm Springs, CA 92264 David Baumgartner&Daniel Bammgarmer J Michelle Secor George&Dorothy Goldberg 1630 S Via Salida 980 E Mesquite Ave Barbara Rodarte Palm Springs, CA 92264 Palm Springs, CA 92264 PO Box 5042 Palm Springs, CA 92263 Riki Brand J Michelle Secor&Bernadett Montenegro Debra Groeuevell 3627 E 8th St 435 E Avenida Olaneha 1980 S Mesa Dr Los Angeles, CA 90023 Palm Springs, CA 92264 Palm Springs, CA 92264 Gary& Vickie Hendricks Michael Pickett&N Robert Curt Hall 1889 Fire Mountain Dr PO Box 4006 1155 Temple Hills Dr Oceanside, CA 92054 Palm Springs, CA 92263 Laguna Beach, CA 92651 Allen Gwaldis&Denise Gwaldis Arthur Pikueger 500 E Palm Canyon LIc 1605 S Calle Palo Fierro 68870 Los Gatos Rd 8976 Oak Creek Rd Palm Springs, CA 92264 Cathedral City, CA 92234 Cherry Valley, CA 92223 500 E Palm Carryon Nrc-1 Lle Villa Royale Proprties Llc 8976 Oak Creek Rd 1 Macarthur A 4300 PO Box 461653 Beaumont, CA 92223 Santa Ana, CA 92707 Los Angeles, CA 90046 Edward Lawson&Anita Lawson Richard Lee Brink&Jd Davis Joyce Betty Smith&Meyers Meyerholl PO Box 4750 824 Waller St PO Box 4224 Palm Springs, CA 92263 San Francisco, CA 94117 Pahn Springs, CA 92263 Iron Tree Iim Investors Selma Stevens 167 Utsalady Rd 705 E Stocker St Camano Island, WA 98282 Glendale, CA 91207 NEIGHBORHOOD COALITION MR BILL DAVIS AND CASE NO. TTM 32378/5.1015 MR PETER DIXON MS TRISHA DAVIS CITY COUNCIL MEETING- TENNIS CLUB AREA TENNIS CLUB AREA 03.16.05 431 SOUTH MONTE VISTA DRIVE 3375 FOOTHILL ROAD,#821 PALM SPRINGS CA 92262 CARPINTERIA, CA 93013 MR FRANK TYSEN C/O CASA CODY COUNTRY INN MS CHRISTINE HAMMOND MR BOB WEITHORN SMALL HOTELS TAHQUITZ RIVER ESTATES TENNIS CLUB/SMALL HOTELS 175 SOUTH CAHUILLA ROAD 1155 SOUTH CAMINO REAL 261 SOUTH BELARDO ROAD PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 MR TIM HOHMEIER MS ROXANN PLOSS MR PHIL TEDESCO DEEPWELL OLD LAS PALMAS DEEPWELL RANCH 1387 CALLE DE MARIA 930 CHIA 335 BIG CANYON DRIVE PALM SPRINGS CA 92264 PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 MR MARSHALL ROATH MS SHERYL HAMLIN HISTORIC TENNIS CLUB AREA 565 WEST SANTA ROSA DRIVE PALM SPRINGS CA 92262 MS MARGARET PARK AGUA CALIENTE BAND OF CAHUILLA AGUA CALIENTE BAND OF CAHUILLA INDIANS I I 1 I I I INDIANS 650 E TAHQUITZ CANYON WAY PALM SPRINGS CA 92262 CITY OF PALM SPRINGS CASE NO. TTM 32378 PLANNING&ZONING DEPT MRS JOANNE BRUGGEMANS VERIFICATION NOTICE 1 1 1 ATTN SECRETARY 506 W SANTA CATALINA ROAD PO BOX 2743 PALM SPRINGS CA 92262 PALM SPRINGS, CA 92263-2743 SPONSORS CASE NO.TTM 32378 MR PETE MORUZZI HISTORIC SITE REP 1 I I PALM SPRINGS MODERN COMMITTEE PO BOX 4738 PALM SPRINGS CA 92263-4738 DATE: FEBRUARY 9, 2005 TO: PLANNING COMMISSION FROM: DIRECTOR OF PLANNING SERVICES CASE 5.1015 / TTM32378 —AN APPLICATION BY 500 E. PALM CANYON, LLC FOR A CONDITIONAL USE PERMIT AND ASSOCIATED ARCHITECTURAL APPROVAL TO ALLOW THE CONSTRUCTION OF 11 RESIDENTIAL CONDOMINIUMS IN THE RESORT OVERLAY ZONE AND TO CREATE A CONDOMINIUM MAP OF APPROXIMATELY 0.92 ACRES. LOCATED AT 500 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 12, APN 508353037 AND 508353038. RECOMMENDATION That the Planning Commission approve: 1. Case 5.1015 - Conditional Use Permit and associated Architectural Approval to allow the construction of 11 residential condominiums in the Resort Overlay Zone, located at 500 East Palm Canyon Drive, Zone R-3, Section 12, APN 508353037 and 508353038; and 2. Case 7.1138 — Administrative Minor Modification for relief in front yard setback from 30 feet to 26 feet (13%), side yard setback from 25 feet to 21 feet (16%), and parking from 27 parking spaces to 25 parking spaces for the project; and 3. Recommend that the City Council approve Tentative Tract Map 32378 to create a residential condominium map of approximately 0.92 acres, located at 500 East Palm Canyon Drive, Zone R-3, Section 12, APN 508353037 and 508353038. BACKGROUND 500 E. Palm Canyon, LLC ("the applicant') has submitted an application for a Conditional Use Permit, a Tentative Tract Map, Architectural Approval and Administrative Minor Modification ("project'). The proposed project is located at 500 East Palm Canyon Drive. The purpose of the Conditional Use Permit and associated Architectural Approval is to allow the 11-unit, multiple-family residential use in the Resort Overlay Zone, as permitted by the underlying R-3 Zone designation. The Tentative Tract Map proposes to create a one lot, residential condominium map of approximately 0.92 acres. The Administrative Minor Modification proposes a front yard setback from 30 feet to 26 feet (13%), side yard setback from 25 feet to 21 feet (16%), and parking from 27 parking spaces to 25 parking spaces The Architectural Advisory Committee reviewed this project on January 10, 2005 and voted to restudy the material and streetscape along East Palm Canyon Drive and approve the landscape and overall architecture. The restudy vote was due to the following: • 2-piece tile roof • Smooth stucco finish • Streetscape along East Palm Canyon Drive that shows the proposed wall The Architectural Advisory Committee reviewed this project on January 24, 2005 and recommended approval subject to the following: They want to see the detailed drawings of the landscape and final wall design after the noise study is complete As such, staff has added a Condition of Approval #14 and # 15. ADJACENT LAND USES, GENERAL PLAN AND ZONING: Adjacent land uses are the following: General Zoning Land Uses Plan North H43/21 R-3 Hotel / Multiple-Family Residential South H43/21 R-1-A/ R-2 Hotel / Multiple-Family Residential East H43/21 R-3 Hotel / Multiple-Family Residential West H43121 R-1-13 / R-G-A (6) Hotel / Multiple-Family Residential ANALYSIS The General Plan designation is H43/21 (High Density Residential). This provides for a maximum density of 21 units per acre. Appropriate residential development is multi- family residential and similar permanent housing. Policy 3.8.2 requires a minimum of 45% of the lot to be maintained as open space/recreational area. Policy 3.8.3 limits development to 2 and three story structures. The proposed project consists of 2 story condominium units and 53% open space, therefore the proposed project is consistent with the General Plan. The subject property has a Resort Overlay designation. The Resort Overlay designation is intended to provide for accommodations and services for visitors while guarding against the intrusion of competing land uses, per Section 92.25.00 of the Zoning Ordinance. The proposed project is to construct 11 new, residential condominiums, thus requiring a Conditional Use Permit and the findings per Section 94.02.00 of the Zoning Ordinance. The commission shall not approve or recommend approval of a conditional use permit unless it finds as follows: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code; �06V The R-3 Zone permits the multiple-family use, per section 92.04.00 of the Zoning Ordinance. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; There is a shortage in housing in the City of Palm Springs and the proposed project would contribute to the housing supply for the City. The proposed project is desirable for the community and is in harmony with the Housing Element and objectives of the General Plan. The proposed project is an allowed use under the R-3 Zone designation and is not detrimental to existing uses or to future uses. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The subject property is not adequate in size or shape to accommodate a resort hotel. A resort hotel is defined as a full-service hotel with 100 or more rooms (Section 91.00.10 of the Zoning Ordinance). However, the subject property is adequate in size and shape for the underlying R-3 Zone designation and its permitted uses. The proposed multiple- family residential project is surrounded by a mixture of small hotels and multiple-family residential properties. d. 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; The proposed project is serviced by a major thoroughfare (East Palm canyon Drive) and a collector street(Calle Palo Fierro); that have the capacity to carry the type and quantity of traffic expected to be generated by this project. e. 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 and may include minor modification of the zone's property development standards. The conditions of approval imposed are necessary to protect the public health, safety and general welfare and will include minor modifications to the rear yard set back, side yard set back and parking requirements. The Zoning Ordinance designation is R-3 (Multiple Family Residential and Hotel). The proposed condominiums are considered to be Multiple-Family dwellings as defined by Section 91.00.10 of the Zoning Ordinance. Section 92.04.01 permits the Multiple-Family dwelling as a right by Zone use. The proposed project is to construct 11, residential condominiums; therefore the proposed project is consistent with the Zoning Ordinance designation. The proposed project proposes the following, in comparison to the R-3 standards. • ()GZIL Required Proposed Substandard Lot Area 20,000 Square Approximately Feet 40,184 Square Feet Lot Width 140 Feet Approximately 178 Feet Lot Depth 175 Feet Approximately 178 Feet to 219 Feet Density 21 11 Front Yard 30 Feet 26 to 30 Feet Up to 4 Feet (13%) Side Yard 20 Feet Along 21 Feet to 25 Feet Calle Palo Fierro (Collector Street) 18 Feet — Equal 18.5 Feet to 49 Feet to Building Height Along West Property Line Rear Yard 18 Feet — Equal 18 Feet to 20 Feet to Building Height Building Height 24 Feet 24 Feet Building 15 Feet 42 Feet Distance Open Space 45% 53% Parking 27 25 2 car parking relief(7%) The applicant has applied for an Administrative Minor Modification, pursuant to Section 94.06.01 of the Zoning Ordinance, for relief in the following: • Required Parking from 27 to 25 (7% relief) parking spaces • Required Front Yard Set Back from 30 Feet to 26 Feet (13% relief) The commission, before it may grant a variance, shall make a finding that in the evidence presented, all four (4) of the following conditions as set forth in state law exist in reference to the property being considered. 1. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is an irregular shaped lot and the surrounding properties are substandard in set backs and required parking. The strict application of the Zoning Ordinance would deprive the subject property of the privileges enjoyed by the surrounding properties. The strict application of Zoning Ordinance to the front yard set back would not deprive the subject property of privileges enjoyed by surrounding properoties. 2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. The variance is not self imposed, rather the subject property is irregular in shape and is consistent with the surrounding properties. The granting of variance in parking would not constitute a grant of special privileges inconsistent with the surrounding properties. The front yard set back is a self-imposed variance. The buildings can be moved further into the property to maintain the required front yard set back. 3. The granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The parking variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity. 4. The granting of such variance will not adversely affect the general plan of the city. The granting of the parking variance will not affect the General Plan. The proposed project will have access from Calle Palo Fierro and Avenida Ortega. There will be no access from East Palm Canyon Drive, a major thoroughfare. The internal circulation will consist of a 24 foot wide private road that will service the 11 condominium units. The proposed project will have minimal traffic impacts. The proposed project has incorporated all of the recommendations and suggestions of the Architectural Advisory Committee. ENVIRONMENTAL ASSESMENT: The proposed project is categorically exempt from environmental assessment pursuant to Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA), whereby the proposed project is characterized as in-fill development and meets the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The proposed project is consistent with the General Plan designation and policies. The proposed project is consistent with the Development Standards of the R-3 Zone with the approval of the Administrative Minor Modifications that give relief in the required parking. (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project is within the City of Palm Springs city limits and is approximately 0.92 acres. e� 0623 (c)The project site has no value as habitat for endangered, rare or threatened species. The proposed project is surrounded by development, was previously occupied by a structure and is not in any designated habitat areas. The proposed project will have minimal impact to any potential biological habitats. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The proposed project would not result in significant effects relating to traffic, noise, air quality or water quality. (e) The site can be adequately served by all required utilities and public services. The proposed project will be served by all required utilities and will connect to any and all public services. NOTIFICATION: The public hearing notice for the proposed project was published in the Desert Sun newspaper. All property owners within 400' of the project site have been notified of the public hearing. As of the writing of this report, staff has not received any correspondence. Director of Planning Services ATTACHMENTS: 1. Vicinity Map 2. Draft Resolution 3. Draft Conditions Of Approval MF 00Z4 Department of Planning and Zoning vv I- Vicin its► Map s F calif-O R[k;P• I I I J .AVENIDA PALIv1EP,A 00 Uj o UjCn � `k .AVENIDA 1-I0KONA 5 � U AVENIDA MORAGA w r co AVENIDA OLANCHA o 7 w z AVENIDA OR7EGA SITE K LL E PALM CANYON DR w 7 CITY OF PALM SPRINGS CASE NO.: 5.1015 CUP DESCRIPTION: Application by 500 E. Palm Canyon, TTM 32378 LLC for a tentative Tract Map and Conditional Use Permit to construct 11 condominium units on APPLICANT: 500 E. PALM CANYON, LLC approximately 0.92 acres. Location 500 East Palm Canyon Drive, Zone R-3, Section 23. RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVE CASE 5.1015 - CONDITIONAL USE PERMIT AND ASSOCIATED ARCHITECTURAL APPROVAL TO ALLOW THE CONSTRUCTION OF 11 RESIDENTIAL CONDOMINIUMS IN THE RESORT OVERLAY ZONE, LOCATED AT 500 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 12, APN 508353037 AND 508353038; AND CASE 7.1138 — ADMINISTRATIVE MINOR MODIFICATION FOR RELIEF IN PARKING FROM 27 PARKING SPACES TO 24 PARKING SPACES FOR THE PROJECT; AND RECOMMEND THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 32378 TO CREATE A RESIDENTIAL CONDOMINIUM MAP OF APPROXIMATELY 0.92 ACRES, LOCATED AT 500 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 12, APN 508353037 AND 508353038. WHEREAS, 500 E. Palm Canyon, LLC ("Applicant') has filed an application with the City pursuant to Section 9.62 of the Municipal Code and Section 94.02.00 of the Zoning Ordinance for a Conditional Use Permit and associated Architectural Approval to allow the construction of 11 residential condominiums in the Resort Overlay Zone and to create a condominium map of approximately 0.92 acres ("Project'), located at 500 East Palm Canyon Drive, Zone R-3, Section 12, APN 508353037 AND 508353038; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the Project was given in accordance with applicable law; and WHEREAS, on February 9, 2005, a public hearing on the Project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development Projects); and WHEREAS, the Planning Commission 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 PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: The project is categorically exempt from environmental assessment pursuant to Section 15332 (In-Fill Development) of the California 0026 Environmental Quality Act (CEQA), whereby the project is characterized as in-fill development and meets the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project is consistent with the General Plan designation and policies. The project is consistent with the Development Standards of the R-3 Zone with the approval of the Administrative Minor Modifications that give relief in the required parking. (b) The project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is within the City of Palm Springs city limits and is approximately 0.92 acres. (c) The project site has no value as habitat for endangered, rare or threatened species. The project is surrounded by development, was previously occupied by a structure and is not in any designated habitat areas. The project will have minimal impact to any potential biological habitats. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project would not result in significant effects relating to traffic, noise, air quality or water quality. (e) The site can be adequately served by all required utilities and public services. The project will be served by all required utilities and will connect to any and all public services. Section 2: Pursuant to Zoning Ordinance Section 92.25.00, the use is compatible with its surroundings and that the site in question is not appropriate for a resort hotel. a. That the use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by this Zoning Code; The subject property is designated R-3. The R-3 Zone allows multiple- family residential development. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the OC27 general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; There is a shortage in housing in the City of Palm Springs and the project would contribute to the housing supply for the City. The project is desirable for the community and is in harmony with the Housing Element and objectives of the General Plan. The project is an allowed use in the R-3 Zone (Section 92.04.00 of the Zoning Ordinance) and is not detrimental to existing uses or to future uses. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The subject property is not adequate in size or shape to accommodate a resort hotel. A resort hotel is defined as a full-service hotel with 100 or more rooms (Section 91.00.10 of the Zoning Ordinance). However, the subject property is adequate in size and shape for the multiple-family residential use. The project is surrounded by a mixture of multiple-family residential and small hotel properties. d. 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; The project is serviced by a major thoroughfare (East Palm canyon Drive) and a collector street (Calle Palo Fierro); that have the capacity to carry the type and quantity of traffic expected to be generated by this project. e. 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 and may include minor modification of the zone's property development standards. The conditions of approval imposed are necessary to protect the public health, safety and general welfare. Section 3: Pursuant to Section 94.06.01 of the Zoning Ordinance: Conditions Necessary to Granting a Variance: 1. Because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code would deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The subject property is an irregular shaped lot and the surrounding properties are substandard in required parking. The strict application of the Zoning Ordinance would deprive the subject property of the privileges enjoyed by the surrounding properties. 2. Any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and zone in which subject property is situated. The variance is not self imposed, rather the subject property is irregular in shape and is consistent with the surrounding properties. The granting of variance in parking would not constitute a grant of special privileges inconsistent with the surrounding properties. 3. The granting of the variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The parking variance will not be materially detrimental to the public health, safety, convenience or welfare or injurious to property and improvements in the same vicinity. 4. The granting of such variance will not adversely affect the general plan of the city. The granting of the parking variance will not affect the General Plan ()Czq NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing: the Planning Commission hereby approve: Case 5.1015 - Conditional Use Permit and associated Architectural Approval to allow the construction of 11 residential condominiums in the Resort Overlay Zone, located at 500 East Palm Canyon Drive, Zone R-3, Section 12, APN 508353037 and 508353038; and Case 7.1138 — Administrative Minor Modification for relief in parking from 27 parking spaces to 24 parking spaces for the project; and Recommend that the City Council approve Tentative Tract Map 32378 to create a residential condominium map of approximately 0.92 acres, located at 500 East Palm Canyon Drive, Zone R-3, Section 12, APN 508353037 and 508353038; subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 9th day of February 2005. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Planning Commission Chairperson Planning Commission Secretary ocao EXHIBIT A CONDITIONS OF APPROVAL CASE TTM32378 TENTATIVE TRACT MAP CASE 5.1015 - CUP CONDITIONAL USE PERMIT 500 E. PALM CANYON, LLC 500 EAST PALM CANYON DRIVE FEBRUARY 9, 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 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. 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 TTM32378 — Tentative Tract Map and Case 5.1015 — Conditional Use Permit and Case 7.1153 — Administrative Minor Modification. 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. '%3:x 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. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. 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 fee shall be collected by the Planning Services Department. 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 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 approval of a final map. The CC&R's shall be enforceable by the City, shall vea;t 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 $2,000, for 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. Additional Permits 9. An Administrative Minor Modification for relief in parking shall be approved prior to issuance of a building permit. Cultural Resources 10. 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. 11. The project area has the possibility of buried resources. 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. 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 and Zoning Department prior to final inspection. Final Design 12. 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 E��'3� 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. 13. 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 & Zoning 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. 14. Architectural Advisory Committee shall review the final landscape plan and detail of the wall along East Palm Canyon Drive prior to the issuance of building permits. 15. Final landscape plans that detail the softening of the wall along East Palm Canyon Drive, that may include burms and rolling mounds, shall be reviewed and approved by the Architectural Advisory Committee prior to issuance of building permits. 16. The roof material shall be 2-piece tile 17. Finish material shall be smooth, steel trawl stucco. GENERAL CONDITIONS/CODE REQUIREMENTS 18. Commencement of the Tract Map under this Tentative Tract Map shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 19. The Conditional Use Permit 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. 20. The Architectural 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. 21. Commencement of the construction shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 22. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map, Conditional Use Permit and/or Architectural Approval application. 034 23. The appeal period for a Conditional Use Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 24. The appeal period for an Architectural Approval Permit application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 25. 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. 26. 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. 27. 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. 28. 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. 29. 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. 30, All materials on the flat portions of the roof shall be earth tone in color. 31. All awnings shall be maintained and periodically cleaned. 32. 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. 33. 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. 34. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. QG3S 35. 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. 36. The street address numbering/lettering shall not exceed eight inches in height. 37. 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. 38. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 39. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 40. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 41. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 42. 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. 43. 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. 44. The applicant shall provide all tenants with Conditions of Approval of this project. 45. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway at the right side of the parking space and shall be designated as "van accessible". 46. 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. 47. 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. 48. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 49. 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. 50. 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. 51. 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. 52. 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. 53. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. POLICE DEPARTMENT 54, Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 55. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 56. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 57. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 58. Fire Apparatus Access Gates: Construction site fire apparatus access gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 59. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. tN",,3" 60. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 61. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. 62. Fire Extinguishers: Portable Fire Extinguishers shall be installed in accordance with 2001 CFC, Art. 10, and NFPA Std. 10. 63. Fire Flow and Hydrants: Fire Flow may be inadequate in this area, and a Fire Hydrant upgrade may be needed. (903.4 CFC) ENGINEERING DEPARTMENT 64. 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. 65. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 66. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 67. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. EAST PALM CANYON DRIVE 68. Remove the existing 8 inch curb and gutter located 32 feet north of centerline and replace with an 8 inch curb and gutter located 38 feet north of centerline along the entire frontage, with a 35 feet radius curb return at the northwest corner of the intersection of East Palm Canyon Drive and Calle Palo Fierro per City of Palm Springs Standard Drawing No. 200 and 206. 69. Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the proposed curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 70. Construct a Type B curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of East Palm Canyon Drive and Calle Palo Fierro in accordance with City of Palm Springs Std. Dwg. No. 213. 71. Remove and replace existing 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, 06 from edge of proposed gutter to clean sawcut edge of pavement along the entire East Palm Canyon Drive 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. 72. Applicant shall remove and relocate the existing palm trees located along the East Palm Canyon Drive frontage. The applicant shall be responsible for construction of tree wells, and relocation of affected irrigation and electrical systems to the satisfaction of the City Engineer. The applicant shall be responsible for removal and replacement of the relocated palm trees with one of similar trunk diameter and height to the satisfaction of the City Engineer, if at any time within 12 months of its relocation, the City Engineer determines that the health of the relocated palm tree has failed. 73. The developer shall be responsible for the relocation of the existing marbelite luminaire located along the East Palm Canyon Drive frontage in accordance with Southern California Edison requirements. CALLE PALO FIERRO 74. Remove the existing driveway and replace with 8 inch curb and gutter located 20 Feet west of the centerline of Calle Palo Fierro and an 8 feet wide sidewalk behind the curb to match existing sidewalk per City of Palm Springs Standard Drawing No. 200 and 210, respectively. 75. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located at least 100 feet north of the south property line. 76. All broken or off grade street improvements shall be repaired or replaced. AVENIDA ORTEGA 77. Remove the existing 6 inch curb and gutter as necessary in order to construct a 24 feet wide driveway approach in accordance with the City of Palm Springs Standard Drawing No. 201. The proposed driveway approach location is in violation of Section 93.06.00 C(15)c of the City of Palm Springs Zoning Ordinance. It calls for a minimum separation between the driveway and side lot line of 6 feet. 78. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREET 79. Dedicate an easement for emergency access and service vehicles with right of ingress and egress over the proposed private street. M39 80. The minimum pavement section for all on-site pavement shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the 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. 81. Parking shall be prohibited along the on-site private street. SANITARY SEWER 82. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. Laterals shall connect to the public sewer main in accordance with City of Palm Springs Standard Drawing No. 405. 83. If an on-site private sewer system is proposed 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. A profile view of the on-site private sewer main 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 connected as a lateral and not to an existing manhole or with a new manhole. 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. 84. An 8 inch private sewer main shall be constructed within the on-site private street and connected to the existing public 8 inch sewer main located in Calle Palo Fierro. 85. 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. GRADING 86. Submit a Precise Grading 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. 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. OC-40 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 Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 87. All on-site curbs, concrete, and AC paving shall be removed. 88. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 89. 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. 90. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). 91. DRAINAGE 92. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the .site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the u CT,41 hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. 93. 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 94. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 95. 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. 96. All proposed utility lines shall be installed underground. 97. 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. 98. 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. 99. 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 93.02.00 D. 100. 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 101. 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 there from, and copies of record documents shall be submitted with the Final Map to QLA2 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. TRAFFIC 102. A minimum of 48 inches of sidewalk clearance shall be provided around palm trees and all other above-ground facilities for handicap accessibility. The applicant shall provide same through widening of the sidewalk or shall be responsible for the relocation of all existing impediments located on the East Palm Canyon Drive, Calle Palo Fierro, and Avenida Ortega frontages of the subject property. 103, All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer on the East Palm Canyon Drive frontage prior to issuance of a Certificate of Occupancy. 104. A 30 inch stop sign (and standard stop bar and legend) shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the following locations: A. Calle Palo Fierro project exit B. Avenida Ortega project exit 105. 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. 106. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. OC-43 1' V RESOLUTION NO. OF THE CITY COUNCIL TO APPROVE TENTATIVE TRACT MAP 32378 TO CREATE A RESIDENTIAL CONDOMINIUM MAP OF APPROXIMATELY 0.92 ACRES, LOCATED AT 500 EAST PALM CANYON DRIVE, ZONE R-3, SECTION 12. WHEREAS, 500 E. Palm Canyon, LLC ("Applicant") has filed an application with the City pursuant to Section 9,62 of the Municipal Code to create a condominium map of approximately 0.92 acres ("Project'), located at 500 East Palm Canyon Drive, Zone R-3, Section 12, APN 508353037 AND 508353038; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider the Project was given in accordance with applicable law; and WHEREAS, on March 16, 2005, a public hearing on the Project was held by the City Council in accordance with applicable law; and WHEREAS, the Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 (In-Fill Development Projects); 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 HEREBY FINDS AS FOLLOWS: Section 1: The project is categorically exempt from environmental assessment pursuant to Section 15332 (In-Fill Development) of the California Environmental Quality Act (CEQA), whereby the project is characterized as in-fill development and meets the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. The project is consistent with the General Plan designation and policies. The project is consistent with the Development Standards of the R-3 Zone for lot size, width, and depth. (b) The project occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The project is within the City of Palm Springs city limits and is approximately 0.92 acres. (c) The project site has no value as habitat for endangered, rare or threatened species. Qoot The project is surrounded by development, was previously occupied by a structure and is not in any designated habitat areas. The project will have minimal impact to any potential biological habitats. (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project would not result in significant effects relating to traffic, noise, air quality or water quality. (e) The site can be adequately served by all required utilities and public services. The project will be served by all required utilities and will connect to any and all public services. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing: the City Council hereby approve Tentative Tract Map 32378 to create a residential condominium map of approximately 0.92 acres, located at 500 East Palm Canyon Drive, Zone R-3, Section 12, APN 508353037 and 508353038; subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 16th day of March 2005. AYES: NOES: ABSENT: ABSTAIN: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: 0007 n��gRLM sp�J N Department of Planning and Zoning w E V ,f Vicinity Map S F fiR{iFO RSY�P• _ILII AVENIDA PALIv1EP.A Uj o � �! O AVENIDA HOKONA Yam_ tr AVENIDA MORAGA W LL H Z in AVENIDA OLANCHA o 4CL V © 7 w z AVENIDA ORTEGA / SITE /I E PALM CANYON DR 7 MFFALNIS DR lac CITY OF PALM SPRINGS CASE NO.: 5.1015 CUP DESCRIPTION: Application by 500 E. Palm Canyon, TTM 32378 LLC for a tentative Tract Map and Conditional Use Permit to construct 11 condominium units on APPLICANT: 500 E. PALM CANYON, LLC approximately 0.92 acres. Location 500 East Palm Canyon Drive, Zone R-3, Section 23. EXHIBIT A CONDITIONS OF APPROVAL CASE TTM32378 TENTATIVE TRACT MAP 500 E. PALM CANYON, LLC 500 EAST PALM CANYON DRIVE FEBRUARY 9, 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 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. 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 TTM32378 — Tentative Tract Map. 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. 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 OJQ+'()S 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. Cultural Resources 4. 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. 5. The project area has the possibility of buried resources. 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. 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 and Zoning Department prior to final inspection. GENERAL CONDITIONS/CODE REQUIREMENTS 12. Commencement of the Tract Map under this Tentative Tract Map shall be within two (2) years from the effective date of approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 13. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map, Conditional Use Permit and/or Architectural Approval application. POLICE DEPARTMENT 14. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 15. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 16. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 17. Fire Apparatus Access Gates: Construction site fire apparatus access gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC) 18. Fire Extinguishers: Portable Fire Extinguishers shall be installed in accordance with 2001 CFC, Art. 10, and NFPA Std. 10. 19. Fire Flow and Hydrants: Fire Flow may be inadequate in this area, and a Fire Hydrant upgrade may be needed. (903.4 CFC) ENGINEERING DEPARTMENT 20. 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. 21. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 22. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 23. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. EAST PALM CANYON DRIVE 24. Remove the existing 8 inch curb and gutter located 32 feet north of centerline and replace with an 8 inch curb and gutter located 38 feet north of centerline along the entire frontage, with a 35 feet radius curb return at the northwest corner of the intersection of East Palm Canyon Drive and Calle Palo Fierro per City of Palm Springs Standard Drawing No. 200 and 206. oo�! 25. Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the proposed curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 26. Construct a Type B curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of East Palm Canyon Drive and Calle Palo Fierro in accordance with City of Palm Springs Std. Dwg. No. 213. 27. Remove and replace existing 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 East Palm Canyon Drive 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. 28. Applicant shall remove and relocate the existing palm trees located along the East Palm Canyon Drive frontage. The applicant shall be responsible for construction of tree wells, and relocation of affected irrigation and electrical systems to the satisfaction of the City Engineer. The applicant shall be responsible for removal and replacement of the relocated palm trees with one of similar trunk diameter and height to the satisfaction of the City Engineer, if at any time within 12 months of its relocation, the City Engineer determines that the health of the relocated palm tree has failed. 29. The developer shall be responsible for the relocation of the existing marbelite luminaire located along the East Palm Canyon Drive frontage in accordance with Southern California Edison requirements. CALLE PALO FIERRO 30. Remove the existing driveway and replace with 8 inch curb and gutter located 20 feet west of the centerline of Calle Palo Fierro and an 8 feet wide sidewalk behind the curb to match existing sidewalk per City of Palm Springs Standard Drawing No. 200 and 210, respectively. 31. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located at least 100 feet north of the south property line. 32. All broken or off grade street improvements shall be repaired or replaced. AVENIDA ORTEGA 33. Remove the existing 6 inch curb and gutter as necessary in order to construct a 24 feet wide driveway approach in accordance with the City of Palm Springs Standard Drawing No. 201. The proposed driveway approach location is in violation of Section 93.06.00 C(15)c of the City of Palm Springs Zoning 00111 Ordinance. It calls for a minimum separation between the driveway and side lot line of 6 feet. 34. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREET 35. Dedicate an easement for emergency access and service vehicles with right of ingress and egress over the proposed private street. 36. The minimum pavement section for all on-site pavement shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the 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 prohibited along the on-site private street. SANITARY SEWER 38. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. Laterals shall connect to the public sewer main in accordance with City of Palm Springs Standard Drawing No. 405. 39. If an on-site private sewer system is proposed 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. A profile view of the on-site private sewer main 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 connected as a lateral and not to an existing manhole or with a new manhole. 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. 40. An 8 inch private sewer main shall be constructed within the on-site private street and connected to the existing public 8 inch sewer main located in Calle Palo Ferro. 41. 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. GRADING 42. Submit a Precise Grading 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. 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 Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 43. All on-site curbs, concrete, and AC paving shall be removed. 44. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 45. 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. 46. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert(Phone: 760-776-8208). 47. DRAINAGE 48. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. 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 project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 51. 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. 52. All proposed utility lines shall be installed underground. 53. 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. 54. 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. 55. 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 93.02.00 D. 56. 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 57. 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 there from, 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. TRAFFIC 58. A minimum of 48 inches of sidewalk clearance shall be provided around palm trees and all other above-ground facilities for handicap accessibility. The applicant shall provide same through widening of the sidewalk or shall be responsible for the relocation of all existing impediments located on the East Palm Canyon Drive, Calle Palo Fierro, and Avenida Ortega frontages of the subject property. 59. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer on the East Palm Canyon Drive frontage prior to issuance of a Certificate of Occupancy. 60. A 30 inch stop sign (and standard stop bar and legend) shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the following locations: A. Calle Palo Fierro project exit B. Avenida Ortega project exit 61. 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. 62. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.