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HomeMy WebLinkAbout9/17/2008 - STAFF REPORTS - 1.C. PLANNING S, DEVELOPMENT DEPARTMENT y CONSTRUCTION DIVISION ^ ECONOMIC OEV--La PM'c NT DIVISIONI PLANNING & NATURAL R=SOURCES DIVISION ^ TRIBAL H1570R1[ PRES;RVATION OPPIC9 'r September 16, 2008 FAX & HAND DELIVERED Mayor Steve Pougnet and City Council CITY OF PALM SPRINGS 3200 Tahquitz Canyon Way Palm Springs, California 92262 RE: Case No. 5.1160, PD 341; TPM 35989 — Convention Center Commons Dear Mayor and City Council, The Tribal Council of the Agua Caliente Band of Cahuilla Indians reviewed the above referenced project at its meeting of September 16, 2008, and recommends approval of the project to the City Council subject to the attached Conditions of Approval recommended by the Indian Planning Commission. Please contact me should you have any questions at 760.883.1326. Very truly yours, Margaret E. Park, AICP Director of Planning & Natural Resources AQUA CALIENTE BAND OF CAHUILLA INDIANS MP/dm C: Tribal Council Tom Davis, Chief Planning & Development Officer Craig Ewing, Director of Planning Services, City of Palm Springs `Enclosure A--D�l-rOA14 c- 777 'EAST TAI•IQUITZ CANYON WAY, SUITE 3OI PALM SPRI NG5, CA 92262 760/399/6a DO • AGUACALIENTE-NISN.GOV r Palm Springs Case No. 5.1160, P❑ 341; TPM 35989 — Convention Center Commons CONDITIONS OF APPROVAL September 16, 2008 1. That the project provide an overall minimum of 45 percent usable landscaped 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. That the sidewalk along E. 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. 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) (see Attachment C) or other then-current protocols 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 is necessary 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. AG: A CALICiITE BA3ID Or CA]HUILLA INDIAt15 LV VJ W . A G U A CA I- I EN 7 c - N SN , GAV ,?ALM Sa ti � QZ r c+ y " O P' z � CITY COUNCIL STAFF REPORT z m DATE: September 17, 2008 Public Hearing D SUBJECT: 0 & M TAHQUITZ, LLC, (NEXUS DEVELOPMENT) — CASE NUMBER 5.1160-PD 341 AND TPM 35989; A PRELIMINARY PLANNED DEVELOPMENT DISTRICT APPLICATION FOR A MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS OF UP TO 306 p ROOMS AND APPROXIMATELY 26,120 SQUARE FEET OF RETAIL / m COMMERCIAL AND OFFICE SPACE ON APPROXIMATELY 9.93-ACRE SITE, LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ C CANYON WAY AND HERMOSA DRIVE, WITHIN THE SECTION 14 m SPECIFIC PLAN AREA. r FROM: David H. Ready, City Manager 0 BY: Department of Planning Services SUMMARY m z The City Council will consider a preliminary planned development district application for a mixed-use development consisting of two hotels (The Hyatt Place and Marriott Residence Inn) of up to 306 rooms and approximately 26,120 square feet of retail/commercial and office space use. The Planning Commission considered the application at its August 13, 2008, public hearing and recommended approval to the City Council. IQ RECOMMENDATION: 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. _ "A RESOLUTION OF THE CITY COUNCIL OF THE X CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING PRELIMINARY PLANNED n 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 APPROXIMATELY 9.93-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE". ITEM NO, C' City Council Staff Report September 17,2008 Case:5.1160-PD341 —TTM 35989 Pagc 2 of 9 PRIOR ACTIONS: The Architectural Advisory Committee (AAC) first reviewed the project at its meeting of r June 9, 2008. At that meeting, the AAC recommended a re-study of the site plan with n these comments: • That the applicant should consider the provision of additional spaces for lively Z activities at the corners Z • That the applicant should provide additional pedestrian linkages from the airport and to the convention center. Make the project a walk able site m especially to the convention center 0 ■ Avoid a repetitious design for the two proposed hotels; avoid identical architectural features on the two buildings • Create a true square within the site that will connect to other roadways, pedestrian linkages and provide cohesiveness within the site_ 0 The AAC reviewed the revised project at its meeting of June 23, 2008, and m recommended approval to the Planning Commission with the following additional C comments: • Applicant urged to reconsider the proposed name of the project M • The plant palette is in keeping with drought tolerant plant materials r • Pedestrian connectivity between the hotels could be improved, and the O architecture should include features that will tie the two together. • Entrance to the site should incorporate better pedestrian connectivity. The Planning Commission considered the proposed preliminary planned development ig application at its regularly scheduled meeting of August 13, 2008, and by a vote of 7-0, M the Commission approved the project and recommended approval to the City Council. Z The Indian Planning Commission reviewed the project at its meeting of September 2, 2008, and recommended approval to the Indian Tribe Council. The project is scheduled to be heard at the Tribal Council meeting of September 16, 2008. Staff will report to the City Council on the results of that meeting. BACKGROUND: The proposed project is a mixed-use development consisting of two hotels; the Hyatt O Place Hotel and the Marriott Residence Inn. The proposal will also include retail/commercial buildings and an office space. Required parking spaces, open space and landscaping are included in the project. The proposed project site is located within the boundaries of the Section 14 Master Plan, and is designated REO/C-1AA (Residential Entertainment and Office / Large Scale Retail Commercial Zone). n The subject site is bordered by Tahquitz Canyon Way to the south and Hermosa Drive to the east. The approximately 9.93-acre parcel is currently vacant with some scattered low-growing vegetation. The property which slopes gently from northwest to southeast has been previously disturbed by off road vehicular and pedestrian activities. ©2 City Council Staff Report September 17,2008 Case.5.1160-PD341 —TTM 85989 Pagc 3 of 9 Surrounding development consists of an existing Hotel (The Marriott Courtyard) to the east; office and commercial buildings to the south, and vacant lands to the north and r west of the property_ ANALYSIS: Z The proposed mixed-use project by the Nexus Development will consist of the following: Z m • A 4-story structure with a 180-room Hyatt Place Hotel 0 • A 4-story structure with a 126-room Marriott Residence Inn • One 2-story retail and office building • Two one-story retail/commercial buildings The proposed Hyatt Place Hotel is a 180-room structure located at the northwesterly 0 portion of the site. The building will be four-stories high and approximately 109,112 M square feet in size. The proposed height is approximately fifty-two (52) feet. The second C hotel is the 126-room Marriott Residence Inn located at the northeasterly portion of the site and will be approximately 87,601 square feet in size. This structure is also proposed ITI to be four stories and fifty-two (52) feet in height. r The retail/commercial component of the development will consist of three different 0 structures ranging from 20 to 28 feet in height. Building 1 is a one-story structure -0 located at the southeasterly portion of the site along Tahquitz Canyon Way. This one story building is approximately 7,480 square feet in size, and approximately 20 feet ig high. m Building 2 is approximately 0,680 square feet in size and is located at the southeasterly Z corner of the site along Hermosa Drive. The first floor of this building is designed for retail/commercial use; the second floor is an office space. Building 3 is a one-story structure located at the southwesterly portion of the site along Tahquitz Canyon Way; this building is approximately 8,960 square feet in size and twenty (20) feet high. General Plan and Zoning: U) The project site is located in the Section 14 Specific Plan Area, which acts as both the --I General Plan and Zoning Ordinance for all lands within its boundary. However, the City X of Palm Springs General Plan land use designation for the site is Tourist Resort — Commercial. General Plan Policy LU7.1 states the following regarding Resort Destination uses... —1 Encourage a diversity of high-quality commercial uses, attractive to both the resident and the visitor, including retail, entertainment, cultural, and food sales, in appropriate areas of the City. 73 City Council Staff Report September 17,2008 Case:5 1160-PD341 —TTM 35989 Page 4 of 9 Policy 111-172 states...Ensure that visitor serving uses such as hotels, restaurants, and entertainment uses that generate high levels of activity are developed in close proximity to the Palm Springs Convention Center. r Policy LU8.1 states...Encourage new mixed-use/multi-use developments in areas that are currently vacant or underutilized. Z Section 14 Specific Plan: Z Ill The land use and zoning designations for the subject site in the Section 14 Specific v Plan is REO (Retail/Entertainment/Office). This designation allows for the development of hotels, resort hotels with the approval of a conditional use permit; this proposal is a planned development district application, which acts as a substitute for the conditional use permit. Restaurants and offices are also permitted uses in the REO designations- The proposed mixed use development complex consisting of two hotels, m retail/commercial and office use is consistent with the General Plan land use policies, C the zoning designation and the Section 14 Specific Plan. m Planned Development District: r Pursuant to Section 94,03.00 (Planned Development District) of the Zoning Code 0 (PSZC), the Planned Development District is designed to provide various types of land use that can be combined in compatible relationship with each other as part of a totally planned development. It further states, "It is the intent of this district to insure compliance with the general plan and good zoning practices while allowing certain desirable departures from the strict provisions of specific zone classifications." m Z A Planned Development District (PDD) application is needed in order to provide relief from selected development standards of the City of Palm Springs Zoning Code. Also, the proposed project includes components which vary from the development standards of the Section 14 Specific Plan; as a result, a Planned Development District is required. In this case, the PD will address the following: v • Side yard setback requirement along Hermosa Drive • Loading location and size near the Hermosa Drive entry • Building Height • Meandering Sidewalk Side Yard Setbacks: The applicant is proposing a reduction in the required building setback along Hermosa Drive. Pursuant to Section 6.2.12 of the Section 14 Master Plan/Specific plan, a side yard setback of 20 feet is required along the Hermosa Drive frontage. The applicant is —I proposing 14 feet 2 inches from the property line for Retail Building 2. City Council Staff Report September 17,2008 Case 5.1160-PAW —TTM 35989 Page 5 of 9 Loading Zone: Section 93.07.00(A)(1) of the PSZC (Off-street loading and trash enclosures), states..."Loading spaces shall be not less than twelve (12) feet in width, forty (40) feet h in length, and with fourteen (14) feet in vertical clearance The applicant is requesting A for a relief from the above-stated requirement specifically for the proposed loading zone located near the Hermosa Drive entry. This loading zone, which is designed to serve Z retail buildings 1, 2 and 3, is not consistent with the City Standards. The proposed width Z of 9 feet 4 inches and clearance of 21 feet, 9 inches do not meet City Standards. m Building Height: 0 The proposed height for the hotels is 52 feet; the maximum height permitted in the REO designation is 30 feet; however relief up to 60 feet can be granted with a planned development district application. Findings in support of approving the proposed project are included in the attached draft resolution of approval. v Meandering Sidewalk: m On Tahquitz Canyon Way, the Section 14 Master Plan requires a minimum of two feet C of decorative paving, designed as an extension of the public sidewalk, with a meandering border on the property side be installed. The applicant is proposing an M alternative landscape design for the Tahquitz Canyon Way frontage. The proposed r design will feature landscaping elements that are comparable to the architecture of the retail buildings. Table 2, below, describes the development standards applicable to the Q designations, and the standards which the proposed project will implement. Type of Standard REO and C-1AA Proposed PD-341 Density Hotel: 43 units per acre. 306 hotel rooms; overall C71 Total allowable: 400 units densityof 33 units per acre Setbacks, High Rise 1 foot horizontal to one foot Z Buildings vertical for short dimension of lot; 1'/z foot horizontal to one foot vertical on long dimension of lot. Required: Tahquitz Canyon Way 78 feet Tahquitz Canyon Way 200 feet Hermosa Drive 52 feet for the Hermosa Drive 94.7 fee for the v hotel hotel — Westerly side — Hotel 52 feet Westerly side — Hotel 81 feet cn Northerly side — Hotel 78 feet Northerly side — Hotel 82 feet Common Open 45% in Section 14 MP, 60% Approximately 63% Space Areas for high rise buildings X Height 30 feet 52 feet for the two hotels The — retail bld s. are 20', 20' & 28' 0 Parking 322 397 As shown in the Table above, the Planned Development District is required in this case to address variations in setbacks and building height standards. City Council Staff Report September 17.2008 Case:5.1160-PD3411—TTM 35989 Page 6 of 9 Site Plan and Project Design The proposed project site plan includes two hotel buildings that will house up to 306 r rooms. The site plan is designed to locate the hotel structures at the northerly portions of the property away from Tahquitz Canyon Way. The complementary uses are situated around the perimeter or the southern portions of the site along Tahquitz Canyon Way Z and Hermosa Drive. This layout allows the center of the site to provide a grand Z entrance, open space and access to the commercial/retail, the recreation and open space areas of the hotels. Each of the hotels has a swimming pool complex, a spa and Ill seating areas. The Hyatt Place will have an event area located on the westerly side of D the building. Buildings 1 and 3 are located along Tahquitz Canyon Way; the two one-story buildings are proposed to be approximately 20 feet in height and will have direct access to the public streets. These two buildings will be designed for restaurant use and will be opened to city residents, hotel guests and visitors from other parts of the City. Building 2 M is located on the southern corner of Hermosa Drive; the proposed two-story building will be designed for a retail and office space use. The commercial and retail layouts are C designed to provide a pedestrian scale to the portion of the site closest to the streets. m The applicant is proposing courtyards and patios with trellis above to enhance r pedestrian and outdoor activities around these portions of the site- O The main entrance to the complex is situated on Tahquitz Canyon Way; the driveway is designed to provide a prominent entrance to the project site and is approximately 42 feet wide with enhanced pavement and a 12-foot wide raised fully landscaped median. This driveway leads to an open space area between the two hotels. m Density z The Section 14 Master Plan allows a density of up to 43 units per acre for hotel rooms; the two hotels will occupy approximately 9.3 acres of the site. That will be equal to a density of up to 400 hotel units that could have been allowed on this property. The applicant is proposing a total of 306 units, which is equivalent to 33 units per acre; this is below the maximum allowed by the Section 14 Master Plan. C7 Architecture U) The AAC reviewed and endorsed the proposed site plan, conceptual landscape and --I general massing of the preliminary design for the project. Detailed architectural X drawings that will include site plans, elevations, floor plans, roof plans, grading plans, landscaping and irrigation plans will be presented to the AAC for review upon submittal of final development plans. The final PD plans for the project will be presented to the Planning Commission for review and approval at a later date. —I Cdy Council Staff Report September 17.2008 Case 5.11 GO-PC341 —TTM 35989 Page 7 of 9 Open Space '0 The proposed project includes approximately 63% open space areas. Under the Section I—' 14 Master Plan, a minimum of 45% open space is required for hotel developments, but since the project includes high rise buildings, 60% open space is required. The proposed 63% open space areas includes landscaping, retail plaza, courtyards, Z decorative paving and pool areas which are allowed for inclusion, and often counted as Z part of open space calculations. Staff believes that the level and intensity of open space areas within the site are appropriate. Overall, a total of approximately 272,096 square Ill feet of the site will be dedicated as usable open space areas for the Convention Center Commons project. A breakdown of the provided open space areas is given below: Retail Plaza: 18,447 sf Central Courtyard: 39,636 sf Marriott Pool Area: 5,774 sf O Hyatt Pool Area: 11,881 sf M Other Landscape Areas (including parking areas): 65,052 sf C Decorative Paving (including parking areas): 131,306 sf Total Open Space: 272,096 sf m Total Open Space/Cross SF 272,0961432,550 = 63% r Total Open Space/Net SF 272,096/405,108 = 67% Access 0 Access into the site will be provided from four main points for vehicular access; pedestrian linkage into the site is provided at the southeast corner of the site, at Tahquitz Canyon Way and Hermosa Drive. Two points of access to the complex are m proposed along Tahquitz Canyon Way, where left in, right-in and right-out turns will be permitted. A median break is proposed for Tahquitz Canyon, but no left turns out of the Z site will be allowed. Two additional points of entry to the site are proposed along the northerly and southerly portions of Hermosa Drive. Access to the loading dock areas will be provided from the entrance on the southern side of Hermosa and the westerly entrance along Tahquitz Canyon Way. Parking Pursuant to Section 93.06.00(D)(16)(a)(b), (Off-street Parking Requirements), of the (A Palm Springs Zoning Code, "There shall be provided one (1) garage, carport or open parking space as an accessory for each of the first fifty (50) guest rooms in any hotel establishment'. The Section further states..."establishments with more than fifty (50) �7 guest rooms shall provide 0.75 garages/carpets, or open parking space as an -- accessory for each guest room in excess of fifty (50) There are 306 hotel rooms within the proposed mixed-use complex; with this, the applicant is required to provide 242 parking spaces for the two proposed hotels (50 spaces, plus 0.75 x 256 rooms = 242). Section 6.2.18 (Off-Street Parking), of the Section 14 Specific Plan states..."Mixed-use developments exceeding 20,000 square feet shall provide 1 space for each 325 square City Council Staff Report September 17,2008 Case:5 1160-PD341 —TTM 35989 Page 8 of 9 feet of gross floor area. Additional parking need not be provided for restaurants, provided that no more than 25% of the total floor area of the whole complex is devoted to restaurant use". In this proposal, the restaurants represent approximately 10.3% of r the development. Based on this requirement, the approximately 26,120 square feet of retail/commercial and office space uses within the complex, will require an additional eighty (80) parking spaces (26,120 divided by 325 = 80) for a total of 322 spaces. The Z applicant is proposing 397 spaces, and therefore exceeds the parking requirement. Z Landscaping M A preliminary landscaping plan for the proposed project includes a broad range of plants, including drought-tolerant species, which create a lush and semi-tropical environment, particularly at the main entrance, the open space area between the two hotels and the pool areas. Rows of palms are proposed along the entry driveway leading to the hotels' drop off areas. Trees of various species are used along the 0 perimeter of the site to screen structures and interior areas from the surrounding m streets. Mindful of water consumption for landscaping maintenance, the proposed landscaping has limited turf areas; this design will reduce water consumption on the C site. m The AAC had favorable comments on the proposed landscaping at the project review, r noting that most of the plant palette will do well in the and desert environment. The O project requires a review of the final landscaping plan, particularly the plant palette, prior to completion of the final PD process. 'p Public Utilities and Services All public utilities and services are available to the site. M Z Tentative Parcel Map The proposed Tentative Parcel Map divides the site into four lots which will include the ability of the applicant to secure financing for the project. The design of the Parcel Map is consistent with the design of the site for the project. Staff has reviewed the proposed Parcel Map in light of the required findings and prepared recommended conditions 0 contained in the attached draft resolution. Environmental Review U) The Planning Department has reviewed this project under the provisions of the California Environmental Quality Act (CEQA), and determined that the project had the potential for significant impacts, but that the impacts would not be significant in this case because project modifications or mitigation measures incorporated into the Initial Study reduce impacts to less than significant levels. A Mitigated Negative Declaration has been prepared, and previously distributed to the Council on the week of July 7, 2008. FISCAL IMPACT: No fiscal impact. City Council Staff Report September 17.2008 Case:5.1100-P0341—TTM 35989 Page 9 of 9 a A. wing P Thomas Wilsorf, Assistant City Manager a Dir&et6r of PI nnin Services z David H. Ready, Ci ager M v Attachments: 1. Vicinity Map 2. Draft Resolutions v 3. Draft Conditions of Approval m 4. Planning Commission Minutes dated August 13, 2008 (Excerpts) C 5. Planning Commission Staff report August 13, 2008 (Without Exhibits) 6, 11" X 17" Booklet containing site plan, landscaping, Architectural Massing & M Tentative Parcel Map 35989 r O m z v cn 0 O4 PAIM A c Department of Planning Services N W E Vicinity Map S HMAOO RO � I I YI ANOREA RO III V\ti ;+f`` .♦!�l�,+r�i +l 1 4 f (+ 6 ETAHONITZ CANYON WY I I i I I I i I I - Legend ARENAS RO ____ 400 Foot Radius Project SRe 1 J surrounding Parcels I CITY OF PALM SPRINGS CASE NO: 5-1160 PD 341 DESCRIPTION: To consider an application by 0 & M TPM 35989 Tahquitz, LIC, for a mixed-use development consisting of two hotels of up to 306 rooms; APPLICANT: O & M Tahquitz, LLC approximately 196,713 square feet in size, and approximately 26,120 square feet of retail/restaurant and office space. The project is proposed on a site totaling approximately 9-93 acres. The site is located within the boundaries of Section 14 and designated REO/C-1-AA. A Tentative Tract Map No. 35989 is being requested to subdivide the 093 acres RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE. NUMBER 5.1160-PD341; PRELIMINARY PLANNED DEVELOPMENT DISTRICT 341, AND TENTATIVE PARCEL MAP 35989 FOR A MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS, RETAIL/COMMERCIAL AND OFFICE SPACE PROJECT ON APPROXIMATELY 9-93-ACRE SITE LOCATED AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE, ZONE REO & C-1AA, SECTION 14- 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 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. City Council Resolution September 17,2008 5.1160-PD 341FFPM 35989 Page 2 of 5 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. 22 City Council Resolution September 17, 2008 5.1160-PO 341rrPM 35989 Page 3 of 5 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 retaillcommercial 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. City Council Resolution September 17, 2008 5.1160-PO 341/TPM 35989 Page 4 of 5 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). City Council Resolution September 17,2008 5.1160-PD 341/TPM 35989 Page 5 of 5 ADOPTED THIS 171h day of September, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk al EXHIBIT A Case No. 5.1160 — PD 341 & Tentative Parcel Map 35989 O & M Tahquitz LLC 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 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. Conditions of Approval Case No. 5.1160-PD 341 Page 2 August 13, 2008 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 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 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 ; 7 Conditions of Approval Case No. 5.1160-PI7 341 Page 3 August 13, 2008 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&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 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 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 Conditions of Approval Case No. 5.1160-PD 341 Page 4 August 13, 2008 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. 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. 22 Conditions of Approval Case No. 5.1160-PD 341 Page 5 August 13, 2008 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. 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.). Conditions of Approval Case No. 5.1160-PD 341 Page 6 August 13, 2008 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 (MILD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. 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. 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. 21 Conditions of Approval Case No. 5.1160-PD 341 Page 7 August 13, 2008 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. 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. 12. The existing sidewalk along the entire frontage shall be modified consistent with the "Indian Culture and Art Walk" described in the Final Section 14 Master Development Plan/Specific Plan (dated November 2004). Other improvements, including large boulders with inscriptions describing Indian and Section 14 history shall be provided, in consultation with Tribal staff and as approved by the Director of Planning Services. 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 22 Conditions of Approval Case No. 5.1160-PD 341 Page 8 August 13, 2008 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. 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. 23 Conditions of Approval Case No. 5.1160-PD 341 Page 9 August 13, 2008 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 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. 24 Conditions of Approval Case No. 5.1160-PD 341 Page 10 August 13, 2008 ON-SITE 26_ The minimum pavement section for all on-site drive aisles and parking spaces shall be 2'Y2 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 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 25 Conditions of Approval Case No. 5.1160-PO 341 Page 11 August 13, 2008 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. 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 26 Conditions of Approval Case No. 5 1160-PD 341 Page 12 August 13, 2008 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-DWQ 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. 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 Califomia 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 27 Conditions of Approval Case No. 5.1160-PD 341 Page 13 August 13, 2008 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. 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. Conditions of Approval Case No. 5.1160-P17 341 Page 14 August 13, 2008 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 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 Conditions of Approval Case No. 5.1160-PD 341 Page 15 August 13, 2008 to be submitted to the City may be authorized, upon prior approval of the City Engineer. 62. 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. 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 (3.0 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. Conditions of Approval Case No. 5.1160-PD 341 Page 16 August 13. 2008 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: 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 El 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 12.29%. Any other fair share costs the City may receive for this Conditions of Approval Case No. 5.1160-PD 341 Page 17 August 13, 2008 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. 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. Conditions of Approval Case No. 5.1160-PD 341 Page 18 August 13, 2008 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. 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 Hotels (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. Conditions of Approval Case No. 5.1160-PD 341 Page 19 August 13, 2008 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. 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(s) shall clearly show all access points, fire hydrants, KNOXTm box locations, fire department connections, dwelling unit or suite identifiers, main electrical panel location(s), sprinkler riser and fire alarm locations. Industry standard symbols used in emergency management and pre-fire planning are encouraged. Large projects may require more than one page. AutoCAD files will be accepted but must be approved prior to acceptance. 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 Conditions of Approval Case No. 5.1160-PD 341 Page 20 August 13, 2008 installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official. 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 6/26/08. 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 35 Conditions of Approval Case No. 5.1160-PD 341 Page 21 August 13, 2008 buildings four or more stories above grade plane or four or more stories below grade plane, at least one elevator shall be provided for fire department emergency access to all floors. The elevator(s) so designed shall accommodate the loading and transport of an ambulance gurney or stretcher 24 inches by 84 inches in the horizontal position. 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. 28 Conditions of Approval Case No. 5.1160-PD 341 Page 22 August 13, 2008 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, and have an approved check valve located as close to the FDC as possible. All S7 Conditions of Approval Case No. 5.1160-PD 341 Page 23 August 13, 2008 FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. Conditions for the proposed restaurants in the hotels and retail buildings: 36. Ventilating Hood & Duct System (CFC 904.11 & 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 I 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 Iiquidtight 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 Iiquidtight 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. 23 Conditions of Approval Case No. 5.1160-P1] 341 Page 24 August 13, 2008 45. Exhaust/Makeup Air Operation (CMC 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 syslem. END OF CONDITIONS City of Palm Springs Planning Commission Minutes of August 13, 2008 Commissioner Ringlein questioned if energy efficiency elements were incorporated into the project. Mr. Cioffi responded that provisions have been made for solar on the top roof and for the overhang extensions for shading. M/S/C (Conrad/Donenfeld, 6-0, 1 abstained/ Chair Hochanadel) To recommend approval of Case 5.1110 PD 327 and Tentative Tract Map 35999,to the City Council. :., Chair Hochanadel re-entered the Council Chamber 2:03 p.m.::. 3C. Case 5.1160 P❑ 341 1 TPM 35989 (Conyention Centa4.,,Commons) - An application by 0 & M Tahquitz, LLC, for a,.mixed-use development consisting of two hotels of up to 306 rooms, retail/commercial and office,space use. The proposed site is located on the''ri"orthwesf`,eorner of Tahquitz Canyon Way and Hermosa Drive, Zone REO/C-1=Ai4, Section 14 (IL). APN: 508-070- 028 and 040. (Project Planner: Edward O. Rob;ertson, Principal Planner) Edward Robertson, Principal Plann`er':;, ;,reported a m'eiii'orandum from staff was distributed to the Planning Commissoon=: recommending` ;changes to the project's conditions of approval. Mr. Robertson provid'ed;b'ackground• information as outlined in the staff report dated August 13, 2008. Commissioner Scott,.requestkclarification on the final calculation of open space. Mr. Robertson noted„that';with the`,_klusion of the decorative drives and auto courts the open space is 63% (exd'ee,ding;tFie•high-rise ordinance requirement). Chair Hochariad4bpened t*e Public He'arin'g: AAA nt" _Idea--pr�sade' �f - ,-Care _ _-__(�_ us=Gom _ n- ,__stated- that-the are- with'stafF"sYeport and arelayailable,:for questions from the Commission- There being hi further appearances, the Public Hearing was closed. Mr. Alder provided;';,further details on the sun and shadow studies conducted for placement of the swki ,iming pools, the landscaping for the courtyard space, fenestration and final elevation plans. Commissioner Conrad expressed appreciation for the height and density of the project. Discussion occurred on the construction phase, environmental and energy conservation and pedestrian linkage. 5 1.13 City of Palm Springs Planning Commission Minutes of August 13, 2008 Dave Barakian, Director of Public Works, provided clarification on the traffic study that was performed and noted that the conditions of approval require construction of a signal light on Hermosa Drive and Tahquitz Canyon Way- M/S/C (ScottNice Chair Cohen, 7-0) To adopt the draft Mitigated Negative Declaration and recommend approval of PD 341 and Tentative Tract Map 35989 to the City Council, as amended- Inclusion of.- Planning Department- Project Specific Condition, -Condition #1. - All components of the proposed project shall participate on a fair share basis in a Community Facilities District or other funning mechanism for-;Fire Department equipment, facilities and/or personnel, when such a mechanism is implemented by the City- -Deletion of Engineering Conditions#28, 29 and 32';", -Revised Engineering Condition #27 — All sanitaryfaclities shall be connected to the public sewer system. The on-site sewer system shallnot connect to any existing or proposed sewer manhole, and shall cijnnect to any existing„ or proposed sewer main with a standard sewer lateral connection ;iii, ,accordance°w"With' City of Palm Springs Standard Drawing No. 405. No more than two'l�teral connections shall be made to the public main on Tahquitz Canyon Way. NNING CQMM'ISSIQN COMMENTS: Mr. Ewing edWthat stti`dy`session$:Jor.;,large`r projects may take place as o he projects are:pr notic ad; Staff provided direction pertaining to proto ring the study sessions. Co,•. "issiori4,:,j in lein requested stud session provided for R 9 q Y Discussion'L,occurred on th,e -Brow ct, conduct of C meetings and provision of project packets�for the metbers of the C. Commissioner Ca '''y,suggested pl g a sec of the zoning code on the Planning Commission agenda.td exped' e review proces . taff noted that certain sections would require more,in-de iscussion such as "hillsi " and "measuring of building heights". Commissio inglein suggested forming a subc ittee to move for with the zoning amendment. Comm' ner Scott noted that he would not be available to attend the Au 5th AAC m Commiss 6 oFQpLM Sp4 � c N v �k/ohnrt R R c941FORN�P Planning Commission Staff Report z m Date: August 13, 2008 Case No.: 5.1160, PD 341; TPM 35989 Application Type: Preliminary Planned Development District and a 0 Tentative Parcel Map m Location: Northwest corner of Tahquitz Canyon Way and E Hermosa Drive, m Applicant: O & M Tahquitz, LLC (Nexus Development) r 0 General Plan and Zone: Section 14 Master Plan MO Zone: REO / C-1-AA (Retail/Entertainment/Office) / Large Scale Retail/Commercial Zone) m APNs: 508-070-028 & 508-070-040 Z From: Craig Ewing, AICP, Director of Planning Services Project Planner: Edward O. Robertson, Principal Planner O PROJECT DESCRIPTION -- U) The proposed project is an application by 0 & M Tahquitz, LLC, for a mixed-use development consisting of two hotels of up to 306 rooms; approximately 196,713 square feet in size, and approximately 26,120 square feet of retail/restaurant and office space. The building square footage will total approximately 222,833 square feet. The structures _ on the site will range from single story (retail/restaurant) to 4 stories for the hotels. The maximum height proposed for the hotel buildings is 52 feet. ^-I The project is proposed on a site totaling approximately 9.93 acres. The site is located within the boundaries of Section 14 and designated REO/C-1-AA. A Tentative Parcel Map (TPM 35989) is being requested to subdivide the approximately 9.93 acres for financing purposes. G � Planning Commission Staff Report August 13,2008 Case'5.1160—PD 341 and TPM 35939 Page 2 of 14 RECOMMENDATION That the Planning Commission: r • Adopt a Mitigated Negative Declaration (MND) and recommend adoption of n the MND to the City Council; Z • Approve Preliminary Planned Development District 341 and recommend Z approval of Preliminary Planned Development District 341 to the City Council; m O • Recommend approval of the proposed Tentative Parcel Map to the City Council, subject to the attached conditions of approval. PRIOR ACTIONS O The Architectural Advisory Committee (AAC) first reviewed the project at its meeting of m June 9, 2008. At that time, the AAC requested re-study of the site plan with these C comments: M • Provide additional spaces for lively activities at the corners r • Provide additional pedestrian linkages from the airport and to the convention center. Make the project a walk able site especially to the convention center 0 • Avoid a repetitious design for the two proposed hotels; avoid identical architectural features on the two buildings • Create a true square within the site that will connect to other roadways, pedestrian linkages and provide cohesiveness within the site. M The AAC reviewed the revised project at its meeting of June 23, 2008, and Z recommended approval to the Planning Commission with the following comments: ..� • Applicant urged to reconsider the proposed name of the project • The plant palette is in keeping with drought tolerant plant materials • Pedestrian connectivity between the hotels could be improved, and the 0 architecture should include features that will tie the two together. • Entrance to the site should incorporate better pedestrian connectivity. N BACKGROUND AND SETTING The proposed project is a mixed-use development consisting of two hotels; the Hyatt Place Hotel and the Marriott Residence Inn. The proposal will also include — retail/commercial buildings and an office space. Required parking spaces, open space 0 and landscaping are included in the project. The proposed project site is located within the boundaries of the Section 14 Master Plan, and is designated REO/C-1AA (Residential Entertainment and Office / Large Scale Retail Commercial Zone). The Planning Commission Staff Report August 13,2008 Case:5.1160—PC 341 and TPM 35989 Page 3 of 14 subject site is bordered by Tahquitz Canyon Way to the south and Hermosa Drive to the east. The approximately 9.93-acre parcel is currently vacant with some scattered low- growing vegetation. The property which slopes gently from northwest to southeast has r been previously disturbed by off road vehicular and pedestrian activities. n Surrounding development consists of an existing Hotel (The Marriott Courtyard) to the Z east; office and commercial buildings to the south, and vacant lands to the north and Z west of the property. Table 1 below shows the surrounding land uses, General Plan designations and zoning. CTI Table 1: Surrounding Land Uses, General Plan, Zoning Existing Land Zoning Map Designation General Plan Use Designation 0 REO/C-1AA m Site Vacant (Retail/Entertainment/Office)/(Large Tourist Resort C Scale Retail Commercial) Commercial R-4-VP (Vehicle Parking, Large m North Vacant Scale Hotel & Multiple-Family & Tourist Resort r Limited Commercial Retail Commercial REO/CAAA / Cemetery South Commercial/Retail (Retail/Entertainment/Office)/(Large Tourist Resort Scale Retail Commercial) Commercial RA/C-1AA (Resort East Marriott Courtyard Attraction)/(Large Scale Retail Tourist Resort rn Commercial) Commercial REO/C-1 AA Z West Vacant (Retail/Entertainment/Office)/(Large Tourist Resort -----_.—__._S�aie_Retail._Commer_cia __— Comrae�cial cc xx.. �Lkn iJi. , 1, w 'ul:.ee.ls'��T." "'.'�rylrM,N,Ni'v-_• a�P .y.q;y.,Y�_,,,�^ •PNIf A - lie ' <,'.' � ,',b y ,,-j,'�y p,'•'' .!�:y�M.,�k j ,�.v A ir .! JI ar +'�Wpr, -.°r-"a !, .-,N.,: r,7�h:r0. , , �$ titx �" %"P7:„�.",i��y,�r;:•+� `aa9"w'" +n`w*4,7�„�!,' �S rv�`"y�nw<r..gy� .ri' . "�a; : ��.•, y�� J'�e�w' u i�y,," .:M',''�� ^_"-•:;'��F'•iw i� bnUn ��, . nr�..�n nµn rvm,..M...'.0 Vr�...�Mii�"4!Y�`�Wr. -I W��i-"`.. L:..-rv.£�:If�.� .l':.. ...ti....;A:.a,. i.�t...�w"a•--ii. Planning Commission Staff Report August 13,2008 Case,5 1160—PO 341 and TPM 35989 Page 4 of 14 ANALYSIS The proposal by Nexus Development is a mixed-use development that will consist of the Ir following: • A 4-story Hyatt Place Hotel • A 4-story Marriott Residence Inn Z • One 2-story retail and office building Z • Two one-story retail/commercial buildings M As proposed, the Hyatt Place Hotel is a 180-room structure located at the northwesterly portion of the site. The building will be four-stories high and approximately 109,112 square feet in size. The proposed height is approximately fifty two (52) feet. The second hotel is the 126-room Marriott Residence Inn located at the northeasterly portion of the site and will be approximately 87,601 square feet in size. This structure is also proposed to be four stories and fifty two (52) feet in height. m The retail/commercial component of the development will consist of three different C structures ranging from 20 to 28 feet in height. Building 1 is a one-story structure located at the southeasterly portion of the site along Tahquitz Canyon Way. This one M story building is approximately 7,480 square feet in size, and approximately 20 feet r high. 0 Building 2 is approximately 9,680 square feet in size and is located at the southeasterly corner of the site along Hermosa Drive. The first floor of this building is designed for retail/commercial use; the second floor is an office space that will be occupied by the developers of the project. m Building 3 is a one-story structure located at the southwesterly portion of the site along Z Tahquitz Canyon Way; this building is approximately 8,960 square feet in size and twenty h`-----.----- . ---- - General Plan and Zoning.- The project site is located in the Section 14 Master Plan, which acts as both the General 0 Plan and Zoning Ordinance for all lands within its boundary. However, the City of Palm Springs General Plan land use designation for the site is Tourist Resort Commercial. N General Plan Policy LU7.1 states the following regarding Resort Destination uses... Encourage a diversity of high-quality commercial uses, attractive to both the resident �fJ and the visitor, including retail, entertainment, cultural, and food sales, in appropriate areas of the City. n Policy LU7.2 states...Ensure that visitor serving uses such as hotels, restaurants, and --I entertainment uses that generate high levels of activity are developed in close proximity to the Palm Springs Convention Center. Planning Commission Staff Report August 13,2008 Case:5.1180—PD 341 and TPM$5989 Page 5 of 14 Policy LU8.1 states...Encourage new mixed-use/multi-use developments in areas that are currently vacant or underutilized. f— The land use and zoning designations for the subject site in the Section 14 Master Plan a is REO (Retail/Entertainment/Office). This designation allows for the development of Z hotels, resort hotels with the approval of a conditional use permit; this proposal is a Z planned development district application, which acts as a substitute for the conditional use permit. Restaurants and offices are also permitted uses in the REO designations. M On the City of Palm Springs Zoning Map, the property is designated C-1AA (Large Scale Retail/Commercial Zone). According to Section 92.13.00 "CAAA" (Large-Scale Retail Commercial Zone); "This C-1AA zone is designed to provide for the integration of large scale retail commercial development with resort hotel complexes, hotels and multiple-family dwellings". The proposed mixed use development complex consisting of two hotels, retail/commercial and office use is consistent with the General Plan land use M policies, the zoning designation and the Section 14 Master Plan. C Planned Development District: m Pursuant to Section 94.03.00 (Planned Development District) of the Zoning Code r (PSZC), the Planned Development District is designed to provide various types of land Q use that can be combined in compatible relationship with each other as part of a totally planned development. It further states, `It is the intent of this district to insure compliance with the general plan and good zoning practices while allowing certain desirable departures from the strict provisions of specific zone classifications." m A Planned Development District (PDD) application is needed in order to provide relief Z from selected development standards of the City of Palm Springs Zoning Code. Also, the_proposed project includes components which vary from the development standards of the Section 14 Master Plan; as a result, a Planned Development District is required. In this case, the PD is required to address the following: • Side yard setback requirement along Hermosa Drive • Loading location and size near the Hermosa Drive entry -- • Required Open Space U) • Building Height • Meandering Sidewalk X Side Yard Setbacks. — The applicant is proposing a reduction in the required building setback along Hermosa n Drive. Pursuant to Section 6.2.12 of the Section 14 Master Plan/Specific plan, a side yard setback of 20 feet is required along the Hermosa Drive frontage. The applicant is proposing 14 feet 2 inches from the property line for Retail Building 2. 46 Planning Commission Staff Report August 13,2008 Case 5 1160—PD 341 and TPM 35989 Page 6 of 14 Loading Zone: Section 93.07.00(A)(1) of the PSZC (Off-street loading and trash enclosures), r" states..."Loading spaces shall be not less than twelve (12) feet in width, forty (40) feet in length, and with fourteen (14) feet in vertical clearance". The applicant is requesting for a relief from the above-stated requirement specifically for the proposed loading zone Z located near the Hermosa Drive entry. This loading zone, which is designed to serve Z retail buildings 1, 2 and 3, is not consistent with the City Standards. The proposed width of 9 feet 4 inches and clearance of 21 feet, 9 inches do not meet City Standards. M Open Space: 0 The applicant is also requesting a reduction in the amount of required open space from 45% under Section 6.2.14 of the Section 14 Master Plan to 31%. It should be noted that since the project is being evaluated under the High-rise Ordinance, the required open space will be 60%. 0 M Building Height: C The proposed height for the hotels is 52 feet; the maximum height permitted in the REO designation is 30 feet, however a relief can be granted with a planned development m district application. Findings in support of approving the proposed project are included in r the attached draft resolution of approval. 0 Meandering Sidewalk. On Tahquitz Canyon Way, the Section 14 Master Plan requires a minimum of two feet of decorative paving, designed as an extension of the public sidewalk, with a meandering border on the property side be installed. The applicant is proposing an alternative landscape design for the Tahquitz Canyon Way frontage. The proposed m design will feature landscaping elements that are comparable to the architecture of the Z retail buildings. Table 2, below, describes the development standards applicable to the designations, and the standards which the proposed project will implement. CIO 0 47 Planning Commission Staff Report August 13,2008 Case 5 1160—PD 341 and TPM 35989 Page 7 of 14 Table 2: Comparison of Existing Zoning and Proposed PD-341 Standards r Type of Standard REO and C-1AA Proposed PD-341 a Density Hotel: 43 units per acre. 306 hotel rooms; overall Total allowable: 400 units density of 33 units per acre Z Setbacks, High Rise 1 foot horizontal to one foot Z Buildings vertical for short dimension of lot; 1'/z foot horizontal to one m foot vertical on long dimension of lot. Required: Tahquitz Canyon Way 78 feet Tahquitz Canyon Way 200 feet Hermosa Drive 52 feet for the Hermosa Drive 94.7 fee for the hotel hotel O Westerly side — Hotel 52 feet Westerly side — Hotel 81 feet Norther) side — Hotel 78 feet Norther) side — Hotel 82 feet m Common Open 45% in Section 14 MP, 60% 31% C Space for high rise buildings Height 30 feet 52 feet for the two hotels The Ill retail bld s. are 20', 20' & 28' r Parking 322 397 0 As shown in the Table, the Planned Development District is required in this case to address variations in open space, setbacks and building height standards. Site Plan and Project Design M Z The proposed project site plan includes two hotel buildings that will house up to 305 —1 rooms--T-he-s�ite--plan-is-designed to locate the hotel structures-at the�nor_therly_por_tions _ of the property. The complementary uses are situated around the perimeter or the southern portions of the site along Tahquitz Canyon Way and Hermosa Drive. This layout allows the center of the site to provide a grand entrance, open space and access O to the commercial/retail, the recreation and open space areas of the hotels. Each of the hotels has a swimming pool complex, a spa and seating areas. The Hyatt Place will have an event area located on the westerly side of the building. (A Buildings 1 and 3 are located along Tahquitz Canyon Way; the two one-story buildings are proposed to be approximately 20 feet in height and will have direct access to the public streets. These two buildings will be designed for restaurant use and will be opened to city residents, hotel guests and visitors from other parts of the City. Building 2 0 is located on the southern corner of Hermosa Drive; the proposed two-story building will be designed for a retail and office space use. The commercial and retail layouts are ^'I designed to provide a pedestrian scale to the portion of the site closest to the streets. C Planning Commission Staff Report August 13,2008 Case 5 1160—PE)341 and TPM 35989 Page 8 of 14 The applicant is proposing courtyards and patios with trellis above to enhance pedestrian and outdoor activities around these portions of the site. r The main entrance to the complex is situated on Tahquitz Canyon Way; the driveway is a designed to provide a prominent entrance to the project site and is approximately 42 feet wide with enhanced pavement and a 12-foot wide raised fully landscaped median. Z This driveway leads to an open space area between the two hotels. Z Density M The Section 14 Master Plan allows a density of 43 units per acre for hotel rooms; the two hotels will occupy approximately 9.3 acres of the site. That will be equal to a density of up to 400 hotel units that could have been allowed on this property. The applicant is proposing a total of 306 units, which is equivalent to 33 units per acre; this is below the maximum allowed by the Section 14 Master Plan. 0 m Architecture C The AAC reviewed and endorsed the proposed site plan, conceptual landscape and m general massing of the preliminary design for the project. Detailed architectural r drawings that will include site plans, elevations, floor plans, roof plans, grading plans, landscaping and irrigation plans will be presented to the AAC for review upon submittal 0 of final development plans. The final PD plans for the project will be presented to the Planning Commission for review and approval at a later date. Open Space Ill As stated earlier, the proposed project includes 31% open space areas. Under the Z Section 14 Master Plan, a minimum of 45% open space is required, but since the proms includes high rise buildings, 60% open space is required. However, the applicant has not included in this percentage the decorative drives and auto courts, which are allowed for inclusion, and often counted as part of open space calculations. Staff believes that the level and intensity of open space areas within the site are appropriate. v Height of the Project: — Section 6.2.3 of the Section 14 Master Plan/Specific Plan states...A maximum height of CD 30 feet shall be permitted in the REO, except for consolidated projects This project does not meet the definition of a consolidated project as indicated in the Specific Plan, therefore Section 6.2A of Section 14 requires that..."the provisions of the PSZO shall _ apply". The Palm Springs Zoning Ordinance defines building height as the vertical height of the structure, measured from a point eighteen (18) inches above the average grade at the curb adjacent to the property. G� Planning Commission Staff Report August 13 2008 Case:5.1160—P0 341 and TPM 35989 Page 9 of 14 The applicant is proposing 52 feet high buildings for the two hotels; this will exceed the maximum height of 35 feet permitted by the Code. Pursuant to Section 93.04.00 (High- rise buildings)-of the Zoning Code, any building that exceeds 35 feet in height is defined r as a high-rise building. Specifically, the Code states..."High-rise building"is defined as a a building or structure which exceeds thirty-five (35) feet in height or as otherwise permitted. In all cases, high-rise buildings shall be subject to approval of a conditional Z use permit or planned development district, pursuant to Section 94.02.00 or Section Z 94.03.00, and shall be considered in only those zones where specifically permitted, pursuant to the following standards. Ill However, on Indian land the maximum height of high-rise buildings is 100 feet. Section 0 93.04.00(B)(2), states..."On Indian Land, the maximum height of high-rise buildings shall be one hundred (100) feet. This shall include all appurtenances on such buildings, and shall be measured from any point of the natural elevation of the ground at the building line, before grading, to the maximum projection on top of the building above the D same point'. m High-rise Ordinance & Setbacks' C m Under the provisions of Section 93.04.00(C)(1), high-rise buildings shall have a r minimum setback of three feet of horizontal setback for each one foot of vertical rise of the building. However, the standards are different on Indian Lands; Section 0 93.04.00(C)(2) of the PSZO states...On Indian Land, a high-rise building shall have a minimum setback of one (1) foot of horizontal setback distance from the short dimension of the lot and one and one-half (1 112) feet of horizontal setback distance from the long dimension of the lot for each one (1) foot of vertical rise of the building. All setbacks shall be measured from property lines. M Z The long dimension of the lot is along Tahquitz Canyon Way, measuring approximately 659 feet; the dimension along Hermosa Drive is approximately_ 657 feet making it the short dimension of the lot. With this standard, the required setback for the hotels along Tahquitz Canyon Way is 78 feet; the site plan indicates a setback of 200 feet from the property line. The required setback along the northern portion of the buildings to the property line is 78 feet; the proposal is 82 feet. The required setback along Hermosa D Drive for the hotel buildings is 52 feet to the property line, the proposed setback is 94.7 — feet. U) Finally, along the westerly portion of the site, the required setback is 52 feet to the property line; the proposed setback is 81 feet to the property line. The separation �] between the two hotel buildings will be approximately 126 feet, which will provide some _ distance between the two uses. All other setback requirements for the retail/commercial buildings are met by the request with the exception of Retail Building 2 as previously stated. --I Planning Commission Staff Report August 13 2006 Case:5.1150—Pp 341 and TPM$5989 Page 10 of 14 Access Access into the site will be provided from four main points for vehicular access; r pedestrian linkage into the site is provided at the southeast corner of the site, at n Tahquitz Canyon Way and Hermosa Drive. Two points of access to the complex are proposed along Tahquitz Canyon Way, where left in, right-in and right-out turns will be Z permitted. A median break is proposed for Tahquitz Canyon, but no left turns out of the Z site will be allowed. Two additional points of entry to the site are proposed along the northerly and southerly portions of Hermosa Drive. Access to the loading dock areas will RI be provided from the entrance on the southern side of Hermosa and the westerly entrance along Tahquitz Canyon Way. Parking Pursuant to Section 93.06.00(D)(16)(a)(b), (Off-street Parking Requirements), of the 0 Palm Springs Zoning Code, "There shall be provided one (1) garage, carport or open rn parking space as an accessory for each of the first fifty (50) guest rooms in any hotel establishment". The Section further States-_"establishments with more than fifty (50) C guest rooms shall provide 0.75 garages/carpets, or open parking space as an m accessory for each guest room in excess of fifty (50)". There are 306 hotel rooms within the proposed mixed-use complex; with this, the applicant is required to provide 242 r parking spaces for the two proposed hotels (50 spaces, plus 0.75 x 256 rooms = 242). 0 Section 6.2,18 (Off-Street Parking), of the Section 14 Master Plan states..."Mixed-use developments exceeding 20,000 square feet shall provide 1 space for each 325 square feet of gross floor area. Additional parking need not be provided for restaurants, provided that no more than 25% of the total floor area of the whole complex is devoted m to restaurant use In this proposal, the restaurants represent approximately 10.3% of Z the development. Based on this requirement, the approximately 26,120 square feet of retaillcommercial and office space uses within the complex, will require an additional eighty (80) parking spaces (26,120 divided by 325 = 80) for a total of 322 spaces. The applicant is proposing 397 spaces, and therefore exceeds the parking requirement. Landscaping O A preliminary landscaping plan for the proposed project includes a broad range of plants, including drought-tolerant species, which create a lush and semi-tropical environment, particularly at the main entrance, the open space area between the two hotels and the pool areas. Rows of palms are proposed along the entry driveway leading to the hotels' drop off areas. Trees of various species are used along the perimeter of the site to screen structures and interior areas from the surrounding streets. Mindful of water consumption for landscaping maintenance, the proposed landscaping has limited turf areas; this design will reduce water consumption on the site. Planning Commission Staff Report August 13,2008 Case:5 1160—PD 341 and TPM 35989 Page 11 of 14 The AAC had favorable comments on the proposed landscaping at the project review, noting that most of the plant palette will do well in the and desert environment. The project requires a review of the final landscaping plan, particularly the plant palette, prior r to completion of the final PD process. a Public Utilities and Services Z All public utilities and services are available to the site. Z M Tentative Parcel Map The proposed Tentative Parcel Map divides the site into four lots which will include the ability of the applicant to secure financing for the project. The design of the Parcel Map is consistent with the design of the site for the project. Staff has reviewed the proposed Parcel Map in light of the required findings and prepared recommended conditions 0 contained in the attached draft resolution. m REQUIRED FINDINGS E m Findings can be made in support of establishing the proposed Planned Development r District as follows: 0 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 m includes policies specifically relating to the expansion of the City's tourism base. Z 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. O The project, as conditioned, is consistent with the Section 14 Master Plan, and Cn 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. --q 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. n The Planned Development District modifies setback, open space, loading zone --I 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 Planning Commission Staff Report August 13,2008 Case 5.1160—Pt7 341 and TPM 35989 Page 12 of 14 Master Plan facilities which are complementary to the Convention Center and the nearby downtown area. MO r Additional findings are required for the proposed Tentative Map pursuant to Section a 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: Z a. The proposed Tentative Tract Map is consistent with all applicable general and Z specific plans. M The Tentative Tract Map will facilitate the sale of condominium units within the project. The project is consistent with both the General Plan and the Section 14 Master Plan- b. The design and improvements of the proposed Tentative Tract Map are O consistent with the zone in which the property is located. M The design of the Tentative Tract Map is consistent with the allowable uses in the C REO and CAAA land use designations, and the project design meets the M requirements of the zone, as conditioned. r c. The site is physically suited for this type of development. 0 The site is flat and surrounded by existing City streets. The construction of the MO proposed project on the site is appropriate at this location. d. The site is physically suited for the proposed density of development. m Z The site can accommodate the two hotels and retaillcommercial 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. O The Tentative Parcel Map has been reviewed under the California Environmental cn Quality Act, and a Mitigated Negative Declaration is proposed. Mitigation measures have been included which reduce potential impacts to less than significant levels. f The design of the subdivision or type of improvements is not likely to cause serious public health problems. 0 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. Planning Commission Staff Report August 13,2008 Case:51160—PD 341 and TPM 359$9 Page 13 of 14 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 r property within the proposed subdivision. A There are no known public easements or access across the subject property, z therefore the design of the subdivision will not conflict with easements for access Z 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. M ENVIRONMENTAL ASSESSMENT The Planning Department has reviewed this project under the provisions of the California Environmental Quality Act (CEQA), and determined that the project had the potential for significant impacts, but that the impacts would not be significant in this case 0 because project modifications or mitigation measures incorporated into the Initial Study m reduce impacts to less than significant levels. A Mitigated Negative Declaration has been prepared, and previously distributed to the Planning Commission. E M As of this writing, one comment was received from the Fire Department, attached to this staff report as Attachment 4. The Fire Department's concerns are associated with the r provision of adequate service in the downtown area, and the long term preservation of 0 the City's fire insurance rating. The Fire Chief suggests three mitigation measures for the project. However, the mitigation measures as proposed do not represent a "fair share" assessment of responsibility to the proposed project. That is to say that a number of projects and proposed projects in the downtown area will contribute to the Fire Department's needs for additional equipment, personnel, and facilities — not just the M proposed project. Z City staff is currently exploring a number of possible avenues for the implementation of the Fire Department's needs. These include the establishment of a Community Facilities District for commercial properties, and the development of a Fire Department Master Plan, which would include funding strategies for the required improvements, whether through City funding or other means. Since the plans are still in development, it is not 0 known what ultimate strategy will be implemented. Therefore, the proposed project has been conditioned to require that it participate in a public safety CFD or other funding mechanism, should such a program be implemented by the City. The addition of this condition of approval is equivalent to a mitigation measure, and assures that the proposed project will mitigate, on a "fair share" basis, its impact on the _ City's Fire Department. The inclusion of this condition of approval does not significantly n change the analysis in the Initial Study for this project, and does not as a result require the recirculation of the Initial Study. --I z,4 Planning Commission Staff Report August 13,2008 Case:5.1160—PC 341 and TPM$5989 Page 14 of 14 NOTIFICATION A public hearing notice was advertised and was mailed to all property owners within 400 r feet of the subject property/adjacent property owners. As of the writing of this report, a staff has not received any comment. z z a. tl �+ M �' and O. "o rtsvn � r ig A. Ev_ng!/AICP Principal Planner Director of Planning Services ATTACHMENTS: v 1. Vicinity Map m 2. Draft Resolution 3. Conditions of Approval C 4. Fire Department's Initial Study comments dated July 11, 2008 m 5. Booklet containing Site Plans, Sections and Architectural Massing & r Tentative Parcel Map 35989 0 TJ m z ' v rn PALM S ~' N City of Palm Springs V � � Office Of the City Clerk ^ °AnoRpltq'"�tl ' x 3200 T.iLywic(Lmynn W,,,y• Pnlm Sprm,Gr Cddnrnin 92767 TEL (7(,p) S25-620•1 • FAX.(/60) 5 52 •TDD.(760)S(A-97)7 NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the regular meeting of September 3, 2008, Public Hearing Item No. I.A. 0 & M TAHQUITZ, LLC, MIXED-USE DEVELOPMENT CONSISTING OF TWO HOTELS OF UP TO 306 ROOMS AT THE NORTHWEST CORNER OF TAHQUITZ CANYON WAY AND HERMOSA DRIVE, CASE 5.1160, PD 341, TENTATIVE PARCEL MAP 35989, TAHQUITZ/HERMOSA HOTELS, SECTION 14 By a majority vote the Public Hearing was continued to Wednesday, September 17, 2008, Council Chamber, 3200 E. Tahquitz Canyon Way, at 6:00 p.m., or as soon thereafter as possible. AFFIDAVIT OF POSTING State of California ) County of Riverside ) ss. City of Palm Springs ) I, James Thompson, City Clerk City of Palm Springs, California, certify this Notice of Continuance was posted at or before 5,30 p.m., September 4, 2008, as required by established policies and procedures. mes Thompson = - City Clerk NOTICE OF CONT-O&M Tahquitz-Hermosa Hotels 09-03-08.dou Post Office Box 2743 ' Palm Springs, California 92263-2743 " `D 1-7 �..1 VU1 i IvWI M. I /ti:r I ly' f O r"d- I. a �`M ' u � '�• Iwn I 1 , I I w f m — L a I 1 r, +' rli�y ;' ,Ir'I �. �+It � 'I;I, III .1. � �".• � a p h II r+/ �FI Jr , ��Wy: IIIk nr��J�• I � �x �x I F r4 IfrII � 4 I. .r?/ `•.yay 9 , �.�1 �, I ri I r'�K '•r' n,T ?li W .'.�""�++ii'IWd,�n�,illl tr I �, li�ll rE m'Nn'•(Y�, All r < J I J l 11 y ! 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