HomeMy WebLinkAbout22336 - RESOLUTIONS - 9/17/2008 RESOLUTION NO. 22336
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING
PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341,
(PDD 341) AND TENTATIVE PARCEL MAP 35989 FOR A
MIXED-USE DEVELOPMENT CONSISTING OF TWO
HOTELS, RETAIL/COMMERCIAL AND OFFICE SPACE
PROJECT ON AN APPROXIMATE 9.93-ACRE SITE
LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ
CANYON WAY AND HERMOSA DRIVE.
WHEREAS, O & M Tahquitz, LLC (the "Applicant") has filed an application with the City
pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the
establishment and development of Planned Development District 341 under the
provisions of Section 94.02.00(B) of the Palm Springs Zoning Code; and
WHEREAS, the "Applicant" has filed an application with the City pursuant to Section
9.62.010 of the Palm Springs Municipal Code, for a Tentative Parcel Map No. 35989;
and
WHEREAS, a notice of public hearing of the City Council of the City of Palm Springs to
consider Case Number 5.1160-PD341, consisting of Planned Development District 341,
and Tentative Parcel Map 35989, was given in accordance with applicable law; and
WHEREAS, on August 13, 2008 a public hearing on the applications for the project was
held by the Planning Commission in accordance with applicable law who approved
preliminary development plans for Case Number 5.1160 PD341 and recommended
approval of Case 5.1160 PD341 and TTM 35989 to the City Council; and
WHEREAS, on September 17, 2008, a public hearing on the application was held by
the City Council in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and a Mitigated Negative Declaration
has been prepared for this project and has been distributed for public review and
comment in accordance with CEQA; and
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council
has considered the effect of the proposed project on the housing needs of the region,
and has balanced these needs against the public service needs of residents and
available fiscal and environmental resources; and
Resolution No. 22336
Page 2
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meetings on the project, including but not limited to the
staff report, and all written and oral testimony presented.
THE CITY COUNCIL OFV THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: A Mitigated Negative Declaration (MND) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA
Guidelines. The City Council found that with the incorporation of proposed
mitigation measures, potentially significant environmental impacts
resulting from this project will be reduced to a level of insignificance. The
City Council independently reviewed and considered the information
contained in the MND prior to its review of this Project and the MND
reflects the Council's independent judgment and analysis.
Section 2: Pursuant to Section 94.03.00 of the Palm Springs Zoning Code, the City
Council makes the following findings:
a. The proposed planned development is consistent and in conformity with the
general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the
Palm Springs Zoning Code.
The proposed planned development is consistent with the General Plan, which
includes policies specifically relating to the expansion of the City's tourism base.
The project is also consistent with the Section 14 Master Plan, which represents
the General Plan and Zoning for the property on which the project is located.
b. The subject property is suitable for the uses permitted in the proposed planned
development district, in terms of access, size of parcel, relationship to similar or
related uses, and other relevant considerations.
The project, as conditioned, is consistent with the Section 14 Master Plan, and
the vision of the area for the future. The site is physically suitable for the
proposed project, and provides sufficient access points for all uses proposed.
C. The proposed establishment of the planned development district is necessary
and proper, and is not likely to be detrimental to adjacent property or residents.
The Planned Development District modifies setback, open space, loading zone
and height requirements in a manner which is conducive with the urban
development sought for the area in the future. The project adds to the Section 14
Master Plan facilities which are complementary to the Convention Center and the
nearby downtown area.
Resolution No. 22336
Page 3
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 subject site is located along Tahquitz Canyon Way (Major Thoroughfare)
between Hermosa Drive and Avenida Caballeros. The existing road net work can
carry the type and quantity of the proposed mixed-use development.
Additional findings are required for the proposed Tentative Map pursuant to Section
66474 of the Subdivision Map Act. These findings and a discussion of the project as it
relates to these findings follow:
a. The proposed Tentative Tract Map is consistent with all applicable general and
specific plans.
The proposed Tentative Tract Map will facilitate the ability to secure financing for
the project. The proposed map and the project are consistent with both the
General Plan and the Section 14 Master Plan.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The design of the Tentative Tract Map is consistent with the allowable uses in the
REO and C-IAA land use designations, and the project design meets the
requirements of the zone, as conditioned.
C. The site is physically suited for this type of development.
The site is flat and surrounded by existing City streets. The construction of the
proposed project on the site is appropriate at this location.
d. The site is physically suited for the proposed density of development.
The site can accommodate the two hotels and retail/commercial buildings
proposed. The overall density of the project is within the Section 14 Master Plan
density limits for the land use designation for the project site.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Parcel Map has been reviewed under the California Environmental
Quality Act, and a Mitigated Negative Declaration is proposed. Mitigation measures
have been included which reduce potential impacts to less than significant levels.
Resolution No. 22336
Page 4
f. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
The subdivision is designed to meet or exceed City standards. All structures on the
site will be required to meet or exceed City building codes. The project will not
cause public health problems.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements or access across the subject property,
therefore the design of the subdivision will not conflict with easements for access
through or use of the property. Reciprocal access easements will be a requirement
of the map. Any utility easements can be accommodated within the project design.
Section 3: High-rise Buildings:
The proposed building height exceeds the height limit of the applicable REO zone and
is considered a high-rise building under Section 93.04.00 of the Palm Springs Zoning
Code. Section 93.04.G of the Palm Springs Zoning Code allows the City Council to alter
the provisions applicable to high-rise buildings upon finding that the intent of the section
is met.
The Council has determined that the intent of the section is to assure that high-rise
buildings are subject to full review under the provisions of Section 94.02.00 (Conditional
Use Permit) or Section 94.03.00 (Planned Development District - PD), and that such
buildings only be considered in the zones where specifically permitted.
The project is being processed as a Planned Development District under Section
94.03.00 and is proposed in REO Zone. Section 93.04.00.B.2 of the PSZC states,
"High-rise buildings may be permitted pursuant to the provisions of Section 93.04.00
and 94.02.00." The project is located within the REO zone and is being processed as a
Planned Development District; therefore the project meets the intent of Section
93.04.00.
Section 4: The City Council hereby adopts a Mitigated Negative Declaration and
approves preliminary development plans for Case No. 5.1160 PD341,
and TTM 35989, subject to the Conditions of Approval attached as
(Exhibit A).
Resolution No. 22336
Page 5
ADOPTED THIS 17" day of September, 2008.
David H. Ready.C.�gr
ATTEST:
ames Thompson, City Clerk
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22336 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 17t" day of September
2008, by the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
ty of Palm Springs, California 10/rq 70O(9 _`_
Resolution No. 22336
Page 6
EXHIBIT A
Case No. 5.1160 — PD 341 & Tentative Parcel Map 35989
O & M Tahquitz, LLC (Nexus Development)
Northwest corner of Tahquitz Canyon Way and Hermosa Drive
(Tahquitz/ Hermosa Hotels)
CONDITIONS OF APPROVAL
September 17, 2008
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer, the Director of Planning Services, the Chief of
Police, the Fire Chief or their designee, depending on which department recommended
the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
Administrative
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void
or annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Case 5.1160; PD 341 and
Tentative Parcel Map 35989. 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
Resolution No. 22336
Page 7
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 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 owners 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 or industrial projects,
1/4% for new residential subdivisions, or 1/4% for new individual single-family
residential units constructed on a lot located in an existing subdivision with first
$100,000 of total building permit valuation for individual single-family units exempt.
Should the public art be located on the project site, said location shall be reviewed
and approved by the Director of Planning Services and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
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 applicant shall
submit a property appraisal to the Planning Services Department for the purposes
of calculating the Park Fee. The Park Fee payment and/or parkland dedication
shall be completed prior to the issuance of building permits.
Environmental Assessment
6. The mitigation measures of the Initial Study shall apply to the proposed project.
The applicant shall submit a signed agreement that the mitigation measures will
Resolution No. 22336
Page 8
be included in the Planning Commission consideration of the environmental
assessment. Mitigation measures are included in the Initial Study, and hereby
incorporated into these conditions by reference.
7. The developer shall reimburse the City for the City's costs incurred in monitoring
the developer's compliance with the conditions of approval and mitigation
monitoring program, including, but not limited to inspections and review of
developers operations and activities for compliance with all applicable dust and
noise operations, and cultural resource mitigation. This condition of approval is
supplemental and in addition to normal building permit and public improvement
permits that may be required pursuant to the Palm Springs Municipal Code.
CC&R's
8. The applicant prior to issuance of building permits shall submit three (3) sets of a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning Services for approval in a form to be approved by the City
Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be
submitted with a list of the adopted conditions of approval and an indication of
where applicable conditions are addressed in the CC&R's. The CC&R's shall be
enforceable by the City, shall not be amended without City approval, and shall
require maintenance of all property in a good condition and in accordance with all
ordinances.
9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$3500, for the review of the CC&R's by the City Attorney. A filing fee, in
accordance with the fee schedule adopted by the City Council, shall also be paid
to the City Planning Services Department for administrative review purposes.
Final Design
10. The final development plans shall be submitted in accordance with Section
9403.00 of the Zoning Ordinance. Final development plans shall include site
plans, building elevations, floor plans, roof plans, grading plans, landscape plans,
irrigation plans, exterior lighting plans, sign program, mitigation monitoring
program, site cross sections, property development standards and other such
documents as required by the Planning Commission. Final development plans
shall be submitted within two (2) years of the City Council approval of the
preliminary planned development district.
11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, prior to
issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal. All
Resolution No, 22336
Page 9
landscaping located within the public right of way or within community
facilities districts must be approved by the Public Works Director and the
Director of Parks and Recreation.
12. An exterior lighting plan in accordance with Zoning Ordinance Section
93.21.00, Outdoor Lighting Standards, shall be submitted for review and
approval by the Director of Planning Services prior to the issuance of
building permits. Manufacturer's cut sheets of all exterior lighting on the
building and in the landscaping shall be submitted for approval prior to
issuance of a building permit. If lights are proposed to be mounted on
buildings, down-lights shall be utilized. No lighting of the hillside is
permitted.
General Conditions/Code Requirements
13. The project is subject to the City of Palm Springs Water Efficient
Landscape Ordinance. The applicant shall submit an application for Final
Landscape Document Package to the Director of Planning Services for
review and approval prior to the issuance of a building permit. Refer to
Chapter 8.60 of the Municipal Code for specific requirements.
14. 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.
15. 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.
16. 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.
17. All materials on the flat portions of the roofs shall be non-reflective
material finish.
18. All roof mounted mechanical equipment shall be screened per the
requirements of Section 93.03.00 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.
Resolution No. 22336
Page 10
19. 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.
20. Perimeter walls shall be designed, installed and maintained in compliance
with the corner cutback requirements as required in Section 93.02.00.D.
21. 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.
22. The street address numbering/lettering shall not exceed eight inches in
height.
23. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of
Title 24 of the California Administrative Code. Compliance shall be
demonstrated to the satisfaction of the Director of Building and Safety.
24. 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.
25. The final landscaping plan and plant palette shall be submitted to the AAC
for review prior to the completion of the Final Planned Development
permit.
26. Prior to the issuance of a grading permit for the project, the applicant shall
demonstrate to the City in writing that he/she has either:
Cultural Resources
27. Given that buried resources may be present beneath the ground surface,
an Approved Cultural Resource Monitor(s) shall be present during all
ground disturbing activities (archaeological testing/data recovery and
construction related actions). Should buried cultural deposits be
encountered, the Monitor shall have the authority to halt destructive
construction and shall notify a qualified archaeologist to investigate and, if
necessary, to prepare a treatment plan, for submission to the Agua
Caliente for approval.
28. In the event of an inadvertent archaeological discovery the Tribe requests
destructive activities in the immediate vicinity to halt and the Tribe's THPO
be notified. If necessary, the developer will be required to hire a qualified
archaeologist (meeting Secretary of Interior standards), to assess the find.
Resolution No. 22336
Page 11
If significant Native American cultural resources are discovered the
archaeologist shall prepare a Treatment Plan for submission to the THPO
for approval. Human remains encountered shall be handled consistent
with state law provisions and implementation. If requested by the Tribe,
the developer or the project archaeologist shall, in good faith, consult on
the discovery and its disposition (e.g. avoidance, preservation, return of
artifacts to tribe, etc.).
29. Should human remains be discovered during construction of the proposed
project, the project contractor would be subject to the State law regarding
the discovery and disturbance of human remains. In that circumstance
destructive activity in the immediate vicinity shall halt and the County
Coroner shall be contacted pursuant to State Health and Safety Code
57050.5. If the remains are determined to be of Native American origin,
the Native American Heritage Commission (NAHC) shall be contacted.
The NAHC will make a determination of the Most Likely Descendant
(MLD), The City and Developer will work with the designated MLD to
determine the final disposition of the remains.
Agua Caliente Band of Cahuilla Indians:
These conditions shall be applicable to this project pending any modifications by the
Agua Caliente Band of Cahuilla Indian Planning Department.
1. The project shall provide an overall minimum of 45 percent usable landscape
open space and outdoor living and recreation area, as specified in Section
6.2.14, Open Space/Landscaping, of the Section 14 Master Plan.
2. The sidewalk along B. Tahquitz Canyon Way be as shown in Figures 5-2 and 5-3
of the Section 14 Master Plan, and that there be a minimum of 2 feet of
decorative paving designed as an extension of the public sidewalk, with a
meandering border on the property side, per Section 6.2.11.1 of the Section 14
Master Plan.
3. Prior to issuance of grading permits, the applicant shall pay the Valley Floor
Conservation Area fee to the Tribe as required by the THCP.
4. Prior to any ground or habitat disturbance associated with any Covered Project
on the Reservation on a site which provides potential burrowing owl habitat, the
Covered Project Proponent shall cause a pre-construction survey of the site to be
conducted for presence of the species.
Resolution No. 22336
Page 12
a. Surveys and relocation, if applicable, shall be conducted in accordance
with the California Department of Fish and Game (CDFG), Staff Report on
Burrowing Owl Mitigation (1995), or other then-current protocol as directed
by the Tribe.
b. Owls should be excluded from burrows in the Development Envelope and
within an appropriate buffer zone by installing one-way doors in burrow
entrances or other technique as deemed appropriate. The biological
monitor must ensure through appropriate means (e.g., monitoring for owl
use, excavating burrows) that the burrows to be impacted are not being
used. The Tribe shall determine whether creation of artificial burrows as
part of the relocation effort.
c. Occupied burrows shall not be disturbed during the nesting season unless
a qualified biologist verifies through non-invasive methods that either: (a)
the birds have not begun egg laying and incubation; or (b) that juveniles
from the occupied burrows are foraging independently and capable of
independent survival.
Engineering Department
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
3. Master planned roadways (Tahquitz Canyon Way and Hermosa Drive) shall be
improved to the Final Section 14 Master Development Plan/Specific Plan design
standards on and adjacent to the site, as generally identified herein, or to
alternative design standards proposed by the applicant and approved by the City.
TAHQUITZ CANYON WAY
4. Dedicate easements, as necessary, for sidewalk improvements along the entire
frontage.
Resolution No. 22336
Page 13
5. Remove the existing street improvements as necessary to construct a driveway
approach for the Main Entry, in accordance with City of Palm Springs Standard
Drawing No. 205. The centerline of the driveway approach shall be located
approximately 330 feet west of the centerline of Hermosa Drive. Left turn egress
onto Tahquitz Canyon Way shall be prohibited.
6. Remove the existing street improvements as necessary to construct a 26 feet
wide driveway approach in accordance with City of Palm Springs Standard
Drawing No. 205. The centerline of the driveway approach shall be located
approximately 40 feet east of the west property line. Left turn access shall be
prohibited.
7. Construct a Type A curb ramp meeting current California State Accessibility
standards on each side of the two driveway approaches on Tahquitz Canyon
Way in accordance with City of Palm Springs Standard Drawing No. 212. The
applicant shall ensure that an appropriate path of travel, meeting ADA guidelines,
is provided across the driveway, and shall adjust the location of the access
ramps, if necessary, to meet ADA guidelines, subject to the approval of the City
Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk
easements shall be provided on-site to construct a path of travel meeting ADA
guidelines.
8. Remove the existing street improvements as necessary to extend the eastbound
left-turn bay on Tahquitz Canyon Way at Hermosa Drive, to provide 100 feet long
turn pocket with a 60 feet long bay taper, or as approved by the City Engineer.
The left-turn pocket shall be designed in accordance with Section 405 of the
current edition of the Caltrans Highway Design Manual, as approved by the City
Engineer.
9. Remove the existing street improvements as necessary to construct a directional
median opening across from the Main Entry on Tahquitz Canyon Way, as
approved by the City Engineer. Left turn egress from the Main Entry shall be
physically restricted by the use of a directional median opening. Provide a 100
feet long eastbound left-turn pocket at the Main Entry, with a 60 feet long bay
taper, or as approved by the City Engineer. The left-turn pocket shall be
designed in accordance with Section 405 of the current edition of the Caltrans
Highway Design Manual, as approved by the City Engineer,
10. The existing median landscaping and irrigation system shall be modified and
repaired, as required by the City Engineer and Director of Parks and Recreation.
The applicant shall be responsible for the re-planting of any damaged
landscaping.
Resolution No. 22336
Page 14
11, All replaced median landscaping shall be guaranteed for a period of 90 days from
the date of acceptance by the City Engineer. Any landscaping that fails during
the 90-day landscape maintenance period shall be replaced with similar plant
material to the satisfaction of the City Engineer, and shall be subject to a
subsequent 90-day landscape maintenance period.
1Z The existing sidewalk along the entire frontage shall be modified consistent with
the "Indian Culture and Art Walk" described in the Final Section 14 Master
Development Plan/Specific Plan (dated November 2004). Other improvements,
including large boulders with inscriptions describing Indian and Section 14 history
shall be provided, in consultation with Tribal staff and as approved by the
Director of Planning Services_ The applicant shall furnish and install artwork
relating to Indian culture along the frontage, unless otherwise deferred by the
Director of Planning Services. The "Indian Culture and Art Walk" shall be
constructed along the entire Tahquitz Canyon Way frontage. The specific street
improvements described in this condition may be modified by the applicant, in
consultation with the City, provided that the intent of the Section 14 Specific Plan
guideline is maintained.
13. In accordance with the Final Section 14 Master Development Plan/Specific Plan
(dated November 2004), the applicant shall plant Washingtonia filifera palm trees
along the Tahquitz Canyon Way frontage, at 60 feet spacing, two canopy shade
trees between each new palm tree at 30 feet spacing, and a 3 feet high
evergreen hedge at the curb, as approved by the Director of Parks and
Recreation. The palm trees shall be uplighted, consistent with existing palm tree
lighting along the Tahquitz Canyon Way corridor. The applicant shall be
responsible for the perpetual maintenance of the new palm trees and other
parkway landscaping along the Tahquitz Canyon Way frontage. The specific
landscaping improvements described in this condition may be modified by the
applicant, in consultation with the City, provided that the intent of the Section 14
Specific Plan guideline is maintained.
14. Design and install an electrical system for installation of Tahquitz Canyon Way
decorative light fixtures (12 feet to 15 feet tall) consistent with the existing
decorative lighting system along Tahquitz Canyon Way, including banner
supports and overhead pedestrian-level lighting on the sidewalk. The applicant
shall furnish and install the decorative light fixtures, luminaires and supporting
electrical system. The electrical system shall be operated by a separate electric
meter, unless an existing meter is available for use by the new lighting system,
as approved by the City Engineer. The lighting system shall be installed and
operational, and accepted for operation and maintenance by the City, prior to
issuance of a Certificate of Occupancy, unless otherwise allowed by the City
Engineer.
Resolution No. 22336
Page 15
15. At the time that a comprehensive shuttle/bus route system for the Section 14
Master Development Plan area is planned, it is recommended that the applicant
coordinate with the City on the design and layout of, and accommodate an on-
street shuttle/bus stop on the north side of Tahquitz Canyon Way west of
Hermosa Drive in accordance with the Final Section 14 Master Development
Plan/Specific Plan_
16. The existing Sunline bus stop and furniture shall remain in its current location on
Tahquitz Canyon Way along the project frontage_
17. All broken or off grade street improvements shall be repaired or replaced.
HERMOSA DRIVE
18. Dedicate a half street right-of-way of 30 feet along the entire frontage as needed,
together with a property line - corner cut back at the northwest corner of
Hermosa Drive and Tahquitz Canyon Way in accordance with City of Palm
Springs Standard Drawing No. 105.
19. Construct 6 inch curb and gutter, 20 feet west of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
20. Construct two 26 feet wide driveway approaches in accordance with City of Palm
Springs Standard Drawing No. 205. The centerline of the driveway approaches
shall be located approximately 245 feet north of the centerline of Tahquitz
Canyon Way, and approximately 35 feet south of the north property line,
respectively.
21. Construct a Type A curb ramp meeting current California State Accessibility
standards on each side of the two driveway approaches on Hermosa Drive in
accordance with City of Palm Springs Standard Drawing No. 212. The applicant
shall ensure that an appropriate path of travel, meeting ADA guidelines, is
provided across the driveway, and shall adjust the location of the access ramps,
if necessary, to meet ADA guidelines, subject to the approval of the City
Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk
easements shall be provided on-site to construct a path of travel meeting ADA
guidelines.
22. Construct an 8 feet wide sidewalk behind the curb along the entire frontage, in
accordance with City of Palm Springs Standard Drawing No. 210.
23. In accordance with the Final Section 14 Master Development Plan/Specific Plan
(dated November 2004), the applicant shall plant shade trees in a formal pattern
along the Hermosa Drive frontage, as approved by the Director of Parks and
Resolution No. 22336
Page 16
Recreation. The applicant shall be responsible for the perpetual maintenance of
the new trees and other parkway landscaping along the Hermosa Drive frontage.
The specific landscaping improvements described in this condition may be
modified by the applicant, in consultation with the City, provided that the intent of
the Section 14 Specific Plan guideline is maintained.
24_ Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to centerline along the entire frontage in accordance with City of
Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement
section is proposed, the proposed pavement section shall be designed by a
California registered Geotechnical Engineer using "R" values from the project site
and submitted to the City Engineer for approval.
ANDREAS ROAD
25. A forty (40) feet wide half street right-of-way for Andreas Road from Hermosa
Drive to the west property line of that parcel identified by Assessor's Parcel No.
508-070-028 shall be vacated to facilitate the development of this project.
ON-SITE
26. The minimum pavement section for all on-site drive aisles and parking spaces
shall be 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.
SANITARY SEWER
27. All sanitary facilities shall be connected to the public sewer system. The on-site
sewer system shall not connect to any existing or proposed sewer manhole, and
shall connect to any existing or proposed sewer main with a standard sewer
lateral connection in accordance with City of Palm Springs Standard Drawing No.
405. No more than two lateral connections shall be made to the public sewer
main in Tahquitz Canyon Way.
28. All on site sewer systems shall be privately maintained.
29. Submit sewer plans to the Engineering Division for review and approval for the
on-site private sewer system. Commercial projects may construct private sewer
Resolution No. 22336
Page 17
systems to other approved City standards (i_e. Uniform Plumbing Code) upon
approval by the City Engineer. Sewer manhole covers shall be identified as
"Private Sewer A profile view of the on-site private sewer mains is not
necessary if sufficient invert information is provided in the plan view, including
elevations with conflicting utility lines. Plans for sewers other than the private on-
site sewer mains, i.e. building sewers and laterals from the buildings to the on-
site private sewer mains, are subject to separate review and approval by the
Building Division.
GRADING
30. Submit a Precise Grading and Paving Plan prepared by a California registered
civil engineer to the Engineering Division for review and approval. The Precise
Grading and Paving Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a) Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be
required to comply with Chapter 8.50 of the City of Palm Springs Municipal
Code, and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and
valid Certificate(s) of Completion from AQMD for staff that have completed
the required training. For information on attending a Fugitive Dust Control
Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact AQMD
at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Precise Grading and Paving plan.
b) The first submittal of the Precise Grading and Paving Plan shall include
the following information: a copy of final approved conformed copy of
Conditions of Approval; a copy of a final approved conformed copy of the
Tentative Parcel Map or site plan; a copy of current Title Report; a copy of
Soils Report; a copy of the associated Hydrology Study/Report; and a copy of
the associated Water Quality Management Plan.
Resolution No. 22336
Page 18
31. Prior to approval of a Grading Plan, the applicant shall obtain written approval to
proceed with construction from the Agua Caliente Band of Cahuilla Indians,
Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall
contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at
(760) 699-6800, to determine their requirements, if any, associated with grading
or other construction. The applicant is advised to contact the Tribal Historic
Preservation Officer or Tribal Archaeologist as early as possible. If required, it is
the responsibility of the applicant to coordinate scheduling of Tribal monitors
during grading or other construction, and to arrange payment of any required
fees associated with Tribal monitoring.
32. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing
shall be installed. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after issuance
of Grading Permit, and immediately prior to commencement of grading
operations.
33. Perimeter fence screening shall be appropriately maintained, as required by the
City Engineer. Cuts (vents) made into the perimeter fence screening shall not be
allowed. Perimeter fencing shall be adequately anchored into the ground to
resist wind loading.
34, Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas on-
site shall be permanently stabilized, in accordance with Palm Springs Municipal
Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter
fencing shall be removed, as required by the City Engineer.
35. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
36. Notice of Intent to comply with Statewide General Construction Stormwater
Permit (Water Quality Order 99-08-DWO as modified December 2, 2002) is
required for the proposed development via the California Regional Water Quality
Control Board (Phone No. (760) 346-7491). A copy of the executed letter issuing
a Waste Discharge Identification (WDID) number shall be provided to the City
Engineer prior to issuance of a grading permit.
37. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),
the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
Resolution No. 22336
Page 19
38. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the Geotechnical/Soils Report
shall be submitted to the Engineering Division with the first submittal of a grading
plan.
39. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
40. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all
stormwater runoff falling on the site, on-site retention or other facilities approved
by the City Engineer, shall be required to contain the increased stormwater runoff
generated by the development of the property, as described in the Preliminary
Hydrology Study for Museum Square Palm Springs (TPM35989), prepared by VA
Consulting, Inc. as revised on May 28, 2008. Final sizing of all on-site storm
drainage improvements shall be determined in the final hydrology study and
approved by the City Engineer. Provisions for on-site retention of increased
stormwater runoff shall be required in the event that the applicant chooses not to
construct Storm Drain Lateral 8A,
41. Submit storm drain improvement plans for all on-site storm drainage facilities for
review and approval by the City Engineer.
42. Construct all necessary on-site storm drain improvements, including but not
limited to on-site retention basin, catch basins, storm drain lines and drainage
channels, as described in a final Hydrology Study for Museum Square Palm
Springs (TPM35989), reviewed and approved by the City Engineer.
43. A Water Quality Management Plan (WQMP) shall be submitted to and approved
by the City Engineer prior to issuance of a grading permit. The WQMP shall
address the implementation of operational Best Management Practices (BMP's)
necessary to accommodate nuisance water and storm water runoff from the site.
Resolution No. 22336
Page 20
Direct release of nuisance water to adjacent public streets is prohibited.
Construction of operational BMP's shall be incorporated into the Precise Grading
and Paving Plan.
44. This project will be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre-treating stormwater runoff, will be
required by regulations imposed by the RWQCB. It shall be the applicant's
responsibility to design and install appropriate BMP's, in accordance with the
NPDES Permit, that effectively intercept and pre-treat stormwater runoff From the
project site, prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such
measures shall be designed and installed on-site; and provisions for perpetual
maintenance of the measures shall be provided to the satisfaction of the City
Engineer, including provisions in Covenants, Conditions, and Restrictions
(CC&R's) required for the development.
45. As an alternative to on-site retention, the applicant may design and construct
Storm Drain Lateral 8A in Tahquitz Canyon Way, from Sunrise Way to Hermosa
Drive, as identified on the Master Drainage Plan for the Palm Springs Area.
Flood control improvement plans prepared by a registered Civil Engineer shall be
submitted to Riverside County Flood Control & Water Conservation District
(RCFC).
46. The project is subject to drainage implementation fees of $9,212 per acre,
however, any validated costs incurred by the applicant for design and
construction of Storm Drain Lateral 8A will be credited toward the drainage fee
otherwise due.
GENERAL
47. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
Resolution No. 22336
Page 21
existing asphalt concrete pavement of off-site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off-site streets, at the discretion of the City Engineer. The pavement
condition of the existing off-site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
48. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project,
the applicant shall be responsible for coordinating the scheduled construction
with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation
Officer or Tribal Archaeologist. Unless the project site has previously been
waived from any requirements for Tribal monitoring, it is the applicant's
responsibility to notify the Tribal Historic Preservation Officer or the Tribal
Archaeologist at (760) 699-6800, for any subsequent phases or elements of
construction that might require Tribal monitoring. If required, it is the
responsibility of the applicant to coordinate scheduling of Tribal monitors during
construction, and to arrange payment of any required fees associated with Tribal
monitoring. Tribal monitoring requirements may extend to off-site construction
performed by utility companies on behalf of the applicant (e.g. utility line
extensions in off-site streets), which shall be the responsibility of the applicant to
coordinate and arrange payment of any required fees for the utility companies.
49. All proposed utility lines shall be installed underground.
50. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
51. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG
(AutoCAD drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF
(Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the
digital data to be submitted to the City may be authorized, upon prior approval of
the City Engineer.
52. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of a
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
Resolution No. 22336
Page 22
53. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
54. 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
55. A Parcel Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcels and all lots created
therefrom, and copies of record documents shall be submitted with the Parcel
Map to the Engineering Division as part of the review of the Map.
56. In accordance with Section 66445 Q) of the Government Code, the right-of-way
for Andreas Road may be abandoned upon the filing of a Parcel Map identifying
the abandonment of the easements granted to the City of Palm Springs.
57. Upon approval of a parcel map, the parcel map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission"
from the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation
drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
TRAFFIC
58. As determined by the Hyatt Place Hotel/Marriott Residence Inn Traffic Impact
Study (dated May, 2008) prepared by Endo Engineering, the following mitigation
measures will be required:
Resolution No. 22336
Page 23
a. Clear unobstructed sight distance shall be provided at all project access
points, consisting of a sight triangle inside the property measuring 8 feet by
8 feet on either side of each access driveway. Screening fences or
landscaping shall be restricted within the sight triangle to maintain the
required sight distance.
b. The loading facilities located on-site off of Hermosa Drive shall be designed
in a manner so that trucks will not back onto or off of Hermosa Drive or use
any street for parking.
C. Install a traffic signal at Tahquitz Canyon Way and Hermosa Drive.
d. Contribute a fair share payment of 5.71% ($5,710.00) of the cost to restripe
Calle EI Segundo on the approaches to Tahquitz Canyon Way to provide an
exclusive northbound and southbound left-turn lane and a shared
through/right-turn lane; and to install eastbound and westbound
protective/permissive phasing at the traffic signal existing at the intersection
of Tahquitz Canyon Way and Calle El Segundo.
e. Contribute a fair share payment of 7.13% ($14,260.00) of the cost to
signalize the intersection of Avenida Caballeros and Amado Road.
f. Contribute a fair share payment of 6.34% of the cost to design and install
dual exclusive northbound and southbound left-turn lanes on Sunrise Way
at Tahquitz Canyon Way. The applicant shall provide a cost estimate for
these improvements, subject to review and approval by the City Engineer.
g. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at each of the four driveway access points on Tahquitz
Canyon Way and Hermosa Drive, in accordance with City of Palm Springs
Standard Drawing No. 620 through 625.
59. Submit traffic signal installation plans prepared by a California registered Civil
Engineer or Traffic Engineer for review and approval by the City Engineer. The
traffic signal shall be installed and operational prior to issuance of a Certificate of
Occupancy for the first hotel to be constructed, unless otherwise allowed by the
City Engineer. The applicant shall be responsible for 100% of the cost to design
and install the traffic signal; however, the applicant's fair share cost of this
improvement is 1229%. Any other fair share costs the City may receive for this
traffic signal may be reimbursed to the applicant subject to the terms of a
reimbursement agreement, up to a maximum of 87.71% of the total cost.
60. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
Resolution No. 22336
Page 24
61. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
62. The applicant shall install a Type R6-1 "One Way" sign within the Tahquitz
Canyon Way median, opposite the access points on Tahquitz Canyon Way, for
southbound traffic exiting the development, as required by the City Engineer.
63. 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.
This property is subject to the Transportation Uniform Mitigation Fee which shall be paid
prior to issuance of building permit.
Building Department
1. Prior to any construction on-site, all appropriate permits must be secured.
Fire Department.-
1 All components of the proposed project shall participate on a fair share basis in a
Community Facilities district or other funding mechanism for Fire Department
equipment, facilities and/or personnel, when such a mechanism is implemented
by the City.
2. Radio Communications for the 4 Story Hotels: Must install an in-building
Public Safety Radio Communications Coverage System composed of a radiating
cable system or an internal multiple antenna system with FCC-certified bi-
directional 800 MHz and 150 MHz (as required to meet the two indicated 150
MHz frequencies) amplifier(s), distribution system, and subcomponents shall be
required for all buildings in excess of three stories, or has subterranean floors, or
subterranean parking. This system must meet the City of Palm Springs Public
Safety Radio System Coverage Specifications as stated in the Palm Springs
Municipal Code Chapter 11.03.
3. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet except for approved security gates in
accordance with Section 503.6 and an unobstructed vertical clearance of not less
than 13 feet 6 inches. More detail is needed for the vertical clearance of the Hyatt
Place Porte-Cochere.
Resolution No. 22336
Page 25
4. Roadway Dimensions: Private streets shall have a minimum width of at least 20
feet, pursuant to California Fire Code 503.2.1 however, a greater width for private
streets may be required by the City engineer to address traffic engineering,
parking, and other issues. The Palm Springs Fire Department requirements for
two-way private streets and driveways, is a minimum width of 24 feet, unless
otherwise allowed by the City engineer. No parking shall be allowed in either side
of the roadway.
5. Buildings and Facilities (CFC 503.1.1): Approved fire apparatus access roads
shall be provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus access
road shall comply with the requirements of this section and shall extend to
within 150 feet (45 720 mm) of all portions of the facility and all portions of the
exterior walls of the first story of the building as measured by an approved route
around the exterior of the building or facility.
6. Access Road Design Required (CFC 503.1.4): The fire code official shall
evaluate access road design in terms of total response efficiency. The fire code
official is authorized to make modifications to access road network design,
access road routes and inter-connectivity with new or existing roads so that
response efficiency is maintained. Left turn and right turn access from Tahquitz
Canyon Way into the project shall be provided for emergency access vehicles.
7. Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and
shall be surfaced so as to provide all-weather driving capabilities.
8. Turning radius (CFC 503.2.4): The required turning radius of a fire apparatus
access road shall be determined by the fire code official. Fire access road turns
and corners shall be designed with a minimum inner radius of 25 feet and an
outer radius of 43 feet. Radius must be concentric.
9. Aerial Fire Access Roads for both 4 Story Motels (CFC 503.2.8). Buildings or
portions of buildings or facilities exceeding 30 feet in height above the lowest
level of fire department vehicle access shall be provided with approved fire
apparatus access roads capable of accommodating fire department aerial
apparatus. Overhead utility and power lines shall not be located within the
aerial fire apparatus access roadway.
10. Aerial Fire Access Road Width for both 4 Story Hotels (CFC 503.2.8.1): Fire
apparatus access roads shall have a minimum unobstructed width of 26 feet in
the immediate vicinity of any building or portion of building more than 30 feet in
height.
Resolution No. 22336
Page 26
11. Aerial Access Proximity to Building for both 4 Story Hotels (CFC 503.2.8.2):
At least one of the required access routes for buildings or facility exceeding 30
feet in height above the lowest level of fire department vehicle access shall be
located within a minimum of 15 feet and a maximum of 30 feet from the building
and shall be positioned parallel to one entire side of the building.
12. Reduced Roadway Width (CFC 503.3): Areas with reduced roadway width
(such as entry and exit gates, entry and exit approach roads, traffic calming
areas) that are under 36 feet wide require red painted curb to maintain minimum
24 foot clear width. Red curb shall be stenciled "NO PARKING' and "FIRE
LANE" with white paint.
13. Premises Identification (CFC 505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building identification
placed in a position that is plainly legible and visible from the street or road
fronting the property_ These numbers shall contrast with their background.
Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be
a minimum of 4" high with a minimum stroke width of 0.5".
14. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan or drawing,
and an electronic version in an industry standard file format capable of being
used in a geographical information system (GIS) preferably an ESRI shape
file(s) shall be provided to the fire department. The GIS file shall be projected in
the California State Plane Zone VI coordinate system and capable of being re-
projected into the North American Datum 1983 coordinate system. PDF files by
themselves will not meet this requirement. The GIS and ESRI shape file($) shall
clearly show all access points, fire hydrants, KNOXTm box locations, fire
department connections, dwelling unit or suite identifiers, main electrical panel
Iocation(s), sprinkler riser and fire alarm locations. Industry standard symbols
used in emergency management and pre-fire planning are encouraged. Large
projects may require more than one page. AutoCAD files will be accepted but
must be approved prior to acceptance.
15. Key Box Required to be Installed (CFC 506.1): Where access to or within a
structure or an area is restricted because of secured openings or where
immediate access is necessary for life-saving or fire-fighting purposes, the fire
code official is authorized to require a key box to be installed in an approved
location. The key box shall be of an approved type and shall contain keys to gain
necessary access as required by the fire code official. Secured emergency
access gates serving apartment, town home or condominium complex courtyards
must provide a key box in addition to association or facility locks. The nominal
height of Knox lock box installations shall be 5 feet above grade. Location and
installation of Knox key boxes must be approved by the fire code official.
Resolution No. 22336
Page 27
16. Water Systems and Hydrants (CFC 508.1, 508.2, 508.4, 901.5 & 1412.1):
Underground private fire service mains and fire hydrants shall be installed,
completed, tested and in service prior to the time when combustible materials are
delivered to the construction site. (903 CFC) Installation, testing, and inspection
will meet the requirements of NFPA 24, 2002 Edition. Prior to final approval of
the installation, contractor shall submit a completed Contractors Material & Test
Certificate for Underground Piping to the Fire Department. (10.10 NFPA 24, 2002
Edition).
17. Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational fire
hydrant(s) shall be installed within 250 feet of all combustible construction. They
shall be installed and made serviceable prior to and during construction. No
landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants,
except ground cover plantings. One private fire hydrant shall be installed near
carport unit#24 as per the meeting that occurred on 6/26108.
18. Water Plan (CFC 501.3 & 901.2): A water plan for on-site and off-site is required
and shall include underground private fire main for fire sprinkler riser(s), public
fire hydrant(s), Double Check Detector Assembly, Fire Department Connection
and associated valves.
19. Fire Flow (CFC 508.3): Fire flow requirements for buildings or portions of
buildings and facilities are estimated with the installation of fire sprinklers based
on Appendix B of the 2007 CFC are as follows:
• 4 Story Hyatt Place Hotel - 109,112 SF — 2,000 GPM
• 4 Story Residence Inn Hotel - 87,601 SF — 2,000 GPM
• 1 Story Retail #1- 7,480 SF — 1,500 GPM
• 2 Story Retail #2 — 9,680 SF — 1,500 GPM
• 1 Story Retail #3 --8,960 SF — 1,500 GPM
20. Elevator Recall Required (CFC 607.1): Existing elevators with a travel distance
of 25 feet (7620 mm) or more above or below the main floor or other level of a
building and intended to serve the needs of emergency personnel for fire-fighting
or rescue purposes shall be provided with emergency operation in accordance
with ASME A17.3. New elevators shall be provided with Phase I emergency
recall operation and Phase II emergency in-car operation in accordance with
ASME A17.1.
21. Elevator Stretcher Requirement for both 4 Story Hotels (CBC 3002.4):
Elevator shall be designed to accommodate medical emergency service in
buildings four or more stories above grade plane or four or more stories below
grade plane, at least one elevator shall be provided for fire department
Resolution No. 22336
Page 28
emergency access to all floors. The elevator(s) so designed shall accommodate
the loading and transport of an ambulance gurney or stretcher 24 inches by 84
inches in the horizontal position.
22. NFPA 13 Fire Sprinkler System is Required: An automatic fire sprinkler
system is required for the three retail buildings. Only a C-16 licensed fire
sprinkler contractor shall perform system design and installation. System to be
designed and installed in accordance with NFPA 13, 2002 Edition, except the
seismic bracing and restraints shall comply with NFPA 13, 2007 Edition using Cp
of 0.74 and I/r Ratio of 200. No portion of the fire sprinkler system shall be
installed prior to plan approval.
23. NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is
required for the two 4 story hotels. Only a C-16 licensed fire sprinkler contractor
shall perform system design and installation. System to be designed and
installed in accordance with NFPA 13R, 2002 Edition. No portion of the fire
sprinkler system shall be installed prior to plan approval. Prior to final approval of
the installation, contractor shall submit a completed Contractors Material and
Test Certificate for Aboveground Piping to the Fire Department. (6.2.2 NFPA
13R, 2002 Edition)
24. Balconies and Decks (903.3.1.2.1). Sprinkler protection shall be provided for
exterior balconies, decks and ground floor patios of dwelling units where the
building is of Type V construction. Sidewall sprinklers that are used to protect
such areas shall be permitted to be located such that their deflectors are within
1 inch (25 mm) to 6 inches (152 mm) below the structural members and a
maximum distance of 14 inches (356 mm) below the deck of the exterior
balconies and decks that are constructed of open wood joist construction.
25. Residential Smoke Alarms Installation With Fire Sprinklers (CFC
907.2.10.1.2, 907.2.10.2 & 907.2.10.3): Provide Residential Smoke Alarms
(FIREX# 0498 accessory module connected to multi-station FIREX smoke
alarms or equal per dwelling and fire sprinkler flow switch). Alarms shall receive
their primary power from the building wiring, and shall be equipped with a battery
backup. In new construction, alarms shall be interconnected so that operation of
any smoke alarm causes all smoke alarms within the dwelling to sound.
26. Valve and Water-Flow Monitoring (CFC 903.4). All valves controlling the fire
sprinkler system water supply, and all water-flow switches, shall be electrically
monitored. All control valves shall be locked in the open position. Valve and
water-flow alarm and trouble signals shall be distinctly different and shall be
automatically transmitted to an approved central station.
Resolution No. 22336
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27. Central Station Protective Signaling Service (CFC 903.4.1): A UL listed and
certified Protective Signaling Service (Central Station Service) is required.
Provide the Fire Department with proof of listing and current certificate. The Fire
Department shall be notified immediately of change in service.
28. Audible Water Flow Alarms for the Retail Buildings (CFC 903.4.2): An
approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-
VFR with WBB back box or equal) shall be provided on the exterior of the
building in an approved location. An approved audible sprinkler flow alarm
(Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) to alert
the occupants shall be provided in the interior of the building in a normally
occupied location.
29. Audible Residential Water Flow Alarms for the Hotels (CFC 903.4.2): An
approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-
VFR with WBB back box or equal) shall be provided on the exterior of the
building in an approved location. The horn/strobe shall be outdoor rated.
30. Standpipe Systems required for both 4 Story Hotels (CFC 905.3): Class 1
Standpipe system is required in addition to the automatic sprinkler system.
31. Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C portable
fire extinguisher for every 75 feet of floor or grade travel distance for normal
hazards. Show proposed extinguisher locations on the plans. Extinguishers shall
be mounted in a visible, accessible location 3 to 5 feet above floor level.
Preferred location is in the path of exit travel or near an exit door.
32. Fire Alarm System: Fire alarm system is required and installation shall comply
with the requirements of NFPA 72, 2007 Edition.
33. Residential Smoke Alarms (CFC 907.2.10): Provide residential single and
multiple station smoke alarms which shall receive their primary power from the
building wiring, and shall be equipped with a battery backup. In new construction,
alarms shall be interconnected.
34. Fire Hydrant & FDC Location (CFC 912.2): A public commercial fire hydrant is
required within 30 feet of the Fire Department Connection (FDC). Fire Hose must
be protected from vehicular traffic and shall not cross roadways, streets, railroad
tracks or driveways or areas subject to flooding or hazardous material or liquid
releases.
35. Fire Department Connections (CFC 912.2.1 & 912.3): Fire Department
connections shall be visible and accessible, have two 2.5 inch NST female inlets,
Resolution No. 22336
Page 30
and have an approved check valve located as close to the FDC as possible. All
FDC's shall have KNOX locking protective caps. Contact the fire prevention
secretary at 760-323-8186 for a KNOX application farm.
Conditions for the proposed restaurants in the hotels and retail buildings:
36. Ventilating Hood & Duct System (CFC 904A1 & CMC 507.1): A Type I
ventilating hood and duct system shall be provided for commercial-type food
heat-processing equipment that produces smoke or grease-laden vapors.
37. Type I Cooking Hoods (CMC 508.1.1): Type I cooking hoods shall be
constructed of and be supported by steel not less than 1.09 mm (0.043 in.) (No.
18 MSG) in thickness or stainless steel not less than 0.94 mm (0.037 in.) (No. 20
MSG) in thickness.
38. Type 1 Cooking Hood Enclosure (CMC 508.2): All seams, joints, and
penetrations of Type I cooking hood enclosure that direct and capture grease-
laden vapors and exhaust gases shall have a liquidtight continuous external weld
to the hood's lower outermost perimeter.
39. Grease Ducts (CMC 510.5.1): Grease ducts shall be constructed of and
supported by carbon steel not less than 1.37 mm (0.054 in.) (No. 16 MSG) in
thickness or stainless steel not less than 1.09 mm (0.043 in.) (No. 18 MSG) in
thickness.
40. Grease Duct Construction (CMC 510.5.2.1): All seams, joints, penetrations,
and duct-to-hood collar connections of grease ducts shall have a liquidtight
continuous external weld.
41. Listed Duct Fire Wrap: The listed duct fire wrap shall provide a two-hour rating.
42. Fire Extinguishing System Required (CFC 904.11): Approved UL 300
automatic fire-extinguishing systems shall be provided for the protection of
commercial type- cooking equipment.
43. Automatic Power and Fuel Shutoffs (CMC 513.4.1 & CFC 904.11.2): The
automatic fire extinguishing system shall be interconnected to the fuel or current
supply for cooking equipment. The interconnection shall shut off all cooking
equipment and electrical receptacles which are located under the hood when the
system is actuated. Shutoff valves or switches shall be of a type that requires
manual operation to reset.
44. Exhaust Fan Operation (CMC 511.2.3): A hood exhaust fan(s) shall continue to
operate after the extinguishing system has been activated.
Resolution No. 22336
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45. Exhaust/Makeup Air Operation (CIVIC 511.3): The exhaust and makeup air
systems shall be connected by an electrical interlocking switch.
46. Air Balance/Performance Test (CIVIC 511.2.2): Upon completion and before
final approval of the installation of a ventilation system serving commercial food
heat-processing equipment, a performance test shall be required to verify the
rate of airflow and proper operation. Replacement air quantity shall be adequate
to prevent negative pressures in the commercial cooking area(s) from exceeding
0.02 in. water column.
47. Portable Fire Extinguishers for Food Processing Equipment (CFC 906.1 &
4): In addition to the fixed system, a fire extinguisher listed and labeled for Class
K fires shall be installed within 30 feet of commercial food heat processing
equipment, as measured along an unobstructed path of travel. The preferred
location is near the exit from the cooking equipment area.
48. Listed Appliance Installation (CIVIC 515.1.2.1): All listed appliances shall be
installed in accordance with the terms of their listings and the manufacturer's
instructions.
49. Listed Equipment Installation: All listed equipment shall be installed in
accordance with the terms of their listings and the manufacturer's instructions.
50. Cooking Hood System Clearances (CIVIC 507.2.1): Where enclosures are not
required, hoods, grease removal devices, exhaust fans, and ducts shall have a
clearance of at least 18 in. to combustible material, 3 in. to limited-combustible
material, and 0 in. to noncombustible material. (4.2.1 NFPA 96) Where a hood,
duct, or grease removal device is listed for clearances less than those required
above the listing requirements shall be permitted.
51. Fire Suppression Systems Testing (CFC 904.4 & NFPA 17A: 6.4.1): The
hood and duct fire extinguishing system shall be function tested prior to final
acceptance. Call the fire prevention secretary at 760-323-8186 for an inspection
appointment.
52. Fire Extinguishing System Annunciation (CIVIC 513.6.2): Where a fire alarm
signaling system is serving the occupancy where the extinguishing system is
located, the activation of the automatic fire-extinguishing system shall activate
the fire alarm signaling system.
END OF CONDITIONS