HomeMy WebLinkAbout22306 - RESOLUTIONS - 7/16/2008 RESOLUTION NO, 22306
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION, APPROVING CASE 5.1162-
GPA, AMENDING THE GENERAL PLAN FROM THE
EXISTING DESIGNATION OF SMALL HOTEL RESORT
COMMERCIAL TO CENTRAL BUSINESS DISTRICT-
DOWNTOWN CORE, AND APPROVING PRELIMINARY
DEVELOPMENT PLANS FOR CASE 5.1162-PD342, A
PLANNED DEVELOPMENT DISTRICT, TO REDEVELOP
THE PALM MOUNTAIN RESORT AND SPA ON 2.77
ACRES AT 155 SOUTH BELARDO ROAD.
WHEREAS, Palm Mountain Resort, L.P. (Applicant) has filed an application with the
City pursuant to Government Code 65350 et seq for a General Plan Amendment; and
WHEREAS, the Applicant has filed an application with the City pursuant to Section
94.03.00 of the Palm Springs Zoning Code for the establishment of a Planned
Development District; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case Number 5.1162 PD342, a General Plan Amendment and Planned
Development District 342, was given in accordance with applicable law; and
WHEREAS, on July 16, 2008, a public hearing on the applications 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 an Environmental Assessment has
been prepared for this project and has been distributed for public review and comment
in accordance with CEQA; 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 reports, environmental documentation, and all written and oral testimony
presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: Environmental Analysis
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 finds
that with the incorporation of proposed mitigation measures, potentially significant
Resolution No. 22306
Page 2
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 City
Council's independent judgment and analysis. A Mitigation Monitoring and Reporting
Program (MMRP) have been developed as required by CEQA.
Section 2: General Plan Amendment
The Planning Department has studied the proposed General Plan Amendment, a
mapping change from Small Hotel Resort Commercial to Central Business District
(Downtown Central Core), and reports the following findings:
The proposed General Plan Amendment is to change the classification of the site from
Small Hotel — Resort Commercial to Central Business District (Downtown Central Core)
is a reasonable and appropriate extension of the adjacent Central Business District
(Downtown Central Core) for a hotel development whose guests utilize the restaurants,
retail services and service facilities of the downtown area and is consistent with the
Central Business District land use classification. The amendment also serves the City's
interest in economic development activity by increasing the number of hotel units to
serve guests who shop and dine in the Central Business District.
Section 3: Planned Development District
Section 94.03.00(B) of the Palm Springs Zoning Ordinance states that the Planning
Commission and City Council shall find that the proposed uses as shown on the
preliminary development plans for the PDD are in conformity with the required findings
and conditions set forth in Section 94.02.00 (Conditional Use Permit), the General Plan
and sound community development.
Findings are hereby made in support of establishing the proposed Planned
Development District as follows:
1. The proposed planned development is consistent and in conformity with the general
plan pursuant to Sections 94.07.00(A)(1) and 94.02.00(A)(4) of the Palm Springs
Zoning Code.
The proposed land uses of hotel rooms and ancillary facilities serving the hotel
guests are in conformity with the General Plan Amendment proposed as part of this
action and sound community development. The increase in hotel rooms promotes
economic development for the City in its endeavors to encourage tourist
development while the elimination of the restaurant and nightclub will reduce
negative noise and nuisance impacts on the surrounding community.
Resolution No. 22306
Page 3
2. The use is necessary or desirable for the development of the community, is in
harmony with the various elements or objectives of the general plan, and is not
detrimental to existing uses or to future uses specifically permitted in the zone in
which the proposed use is to be located.
The proposed land uses are deemed to be desirable for the public welfare and
convenience and is in conformity with the General Plan and its objectives, and are
authorized by the Zoning Code. The major existing use on the subject site is a
hotel. Under the Planned Development District, the proposed project expands the
number of hotel rooms while eliminating the public restaurant and nightclub.
Existing land uses in the vicinity include other hotel developments, a proposed
hotel development on an existing vacant lot, as well as retail, restaurant, and
service uses in the Central Business District.
3. The site for the intended use is adequate in size and shape to accommodate such
use, including yards, setbacks, walls or fences, landscaping and other features
required in order to adjust such use to those existing or permitted future uses of
land in the neighborhood.
The proposed development is similar to the character and design of the existing
development on the site. The size of the site is adequate to accommodate the
proposed uses within the Downtown Central Core designation. Landscaping, wall
and setbacks are the same or greater as the existing facility.
The 2.77-acre site adequately accommodates the additional hotel rooms while
providing parking, setbacks and site amenities and increasing open space.
Adjacent uses in the neighborhood include other existing hotels and a proposed
hotel on the vacant lot on the west side of Cahuilla.
4. The site for the proposed use relates to streets and highways properly designed
and improved to carry the type and quantity of traffic to be generated by the
proposed use.
The subject site is currently developed and has an established street network
adequately servicing the site. The basic street system remains unchanged. The
traffic study prepared for the proposed development concludes that traffic
generation will decrease due to the elimination of restaurant uses, and that levels of
service operation will be sufficient to carry the traffic to be generated.
5. The conditions to be imposed and shown on the approved site plan, and other
conditions of approval attached, are deemed necessary to protect the public health,
safety and general welfare and may include minor modification of the zone's
property development standards under the Planned Development District.
Resolution No. 22306
Page 4
The conditions imposed on the approved site plan include the elimination of the
existing land use of a public restaurant and nightclub which have previously shown
to increase traffic generation, parking demand and the generation of noise impacts
on the surrounding neighborhood. Adequate parking spaces have been provided
and have been designed to protect the safety and general welfare of the
neighborhood to assure that the increase in hotel units does not adversely impact
the adjacent areas.
Per Section 94.03.00(C) of the Palm Springs Zoning Ordinance, the following
development standards are appropriate to the orderly development of the site:
PD342 Development Standards
Lot area 120,537 s . ft-
Density 753 s . ft. of lot area per room
Height 34.$ feet
Setbacks
Front: Tahquitz Canyon 21' — per site plan
Side Yard: Belardo 94'— per high-rise Ordinance.
Side Yard: Cahuilla 140'— per high-rise Ordinance
Rear Yard: 63'9"- from Chase Hotel per site plan
_Required open space 55%
Parking Required: 112; Provided:112
Section 4: High-rise Buildings:
The proposed building height exceeds the height limit of the applicable R-3 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.
One of the setback provisions of Section 93.04 (High-rise Buildings) proposed to be
altered by the Planned Development District for this project as noted above is on
Belardo Road side yard setback which is ten feet (10') short of the required setback.
The setback requirement along Belardo Road is 104 feet; the applicant has proposed
94 feet.
The City 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
building 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 R-3 Zone. Section 92.04.03.D.2.c of the R-3 zone states,
"High-rise buildings may be permitted pursuant to the provisions of Section 93.04.00
Resolution No. 22306
Page 5
and 94.02.00." The project is located within the R-3 zone and is being processed as a
Planned Development District; therefore the project meets the intent of Section
93.04-00,
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council takes the following actions:
• Adopts a Mitigated Negative Declaration
• Approves Case Number 5.1162-GPA, amending the General Plan from the
existing designation of Small Hotel Resort Commercial to Central Business
District-Downtown Core
• Approves preliminary development plans for Case 5.1162 PD342, Planned
Development District 342, subject to the conditions contained in Exhibit A,
which is attached hereto and made a part of this resolution.
ADOPTED this 16" day of July, 2008.
David H. Ready, C�Manager
ATTEST:
James Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22306 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on the 16th day of July, 2008, by
the following vote=
AYES-, Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Foat-
ABSTAIN: None-
J mes Thompson, City Clerk
City of Palm Springs, California t�831fa t P Z
Resolution No. 22306
Page 6
EXHIBIT A
Case 5,1162 - PD342 & Case 5.1162 GPA
Palm Mountain Resort and Spa
155 South Belardo Road
Palm Springs
CONDITIONS OF APPROVAL
July 16, 2008
1. 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, and the Fire Chief, or their respective designee,
depending on which department recommended the condition.
2. Any agreements, easements or covenants required to be entered into shall be in
a form approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
1. The owner shall provide adequate parking management resources to make full
and effective use of all vehicle spaces shown on the approved site plan.
Administrative
3. 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.
4. 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 5.1162 PD342 and
Case 5.1162 GPA. The City of Palm Springs will promptly notify the applicant of
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
Resolution No. 22306
Page 7
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.
5. 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 laws, 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-
6. 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-
Environmental Assessment
7. The mitigation measures of the Initial Study and subsequent Mitigated Negative
Declaration 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 the Mitigated Negative
Declaration, and hereby incorporated into these conditions by reference.
8. 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
developer's 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.
Resolution No. 22306
Page 8
Final Design
9. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Service, 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.
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. Prior to the issuance of building permits, the applicant shall submit an exterior
lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor
Lighting Standards, for review and approval by the Director of Planning Services.
a. Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to issuance of a building
permit.
b. 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
12. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning 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.
13. Prior to the 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.
14. 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.
Resolution No. 22306
Page 9
15. 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 the issuance of building permits.
16. All materials on the flat portions of the roofs shall be non-reflective material finish.
(Amended by CC on July 16, 2003)
17. 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. (Amended by CC on July 16, 2003)
18. No exterior downspouts shall be permitted on any fagade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
19. Perimeter walls, if proposed, shall be designed, installed and maintained in
compliance with the corner cutback requirements as required in Section
93.02.00.D.
20. 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.
21. The street address numbering/lettering shall not exceed eight inches in height.
22. 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.
23. 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(s).
24. The architectural and landscape plans for the entire site shall be submitted to the
Architectural Advisory Committee (AAC) for review and approval prior to Final
Planned Development approval. (Amended by CC on July 16, 2003)
25. The final landscaping plan and plant palette shall be submitted to the AAC for
review prior to approval of the Final Planned Development permit.
Resolution No. 22306
Page 10
Building and Fire Departments
26. Permits: Prior to any construction on-site, all appropriate permits must be
secured.
27. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan and an
electronic CAD version shall be provided to the fire department. This shall clearly
show all access points, fire hydrants, knox box locations, fire department
connections, unit identifiers, main electrical panel location, sprinkler riser and fire
alarm locations. Large projects may require more than one page.
28. Radio Communications: The applicant 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.
29. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is
required.
30. Audible Water Flow Alarms: An approved audible sprinkler flow alarm shall be
provided on the exterior of the building(s) in approved locations. An approved
audible sprinkler flow alarm to alert the occupants shall be provided in the interior
of the building(s) in a normally occupied location. (904.3.2.CBC.)
31. Fire Hydrant & FDC Location: 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 materials or liquid
releases.
32. Fire Department Connections: 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 FDC's shall have KNOX
locking protective caps. Contact the fire prevention secretary at 760 323-8186 for
a KNOX application form.
33. Residential Smoke Detector Installation with Fire Sprinklers: Provide
Residential Smoke Detectors (FIREX #0498 accessory module connected to
multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flow
switch). Detectors shall receive their primary power from the building wiring, and
shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction,
Resolution No. 22306
Page 11
detectors shall be interconnected so that operation of any smoke detector causes
the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72)
Provide a note on the plans showing this requirement.
34. Access: Fire department access roads shall be provided so that no portion of the
exterior wall of the first floor of any building will be more than 150 feet from such
roads. CFC 902.2.1
35. Mid Rise/Hugh Rise: High-rise and mid-rise buildings shall be accessible on a
minimum of two sides. Roadways shall not be less than 10 feet (3048 mm) or
more than 35 feet (10,668 mm) from the building. Landscaping or other
obstructions shall not be placed or maintained around structures in a manner so
as to impair or impede accessibility for fire fighting and rescue operations.
36. Fire Extinguisher Requirements: The applicant/hotel operator shall provide one
2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel
distance for normal hazards. Show proposed extinguisher locations on the plans
(1002.1 CFC). Extinguishers shall be mounted in a visible, accessible location no
more than 5 feet above floor level. Preferred location is in the path of exit travel
near an exit door.
37. Fire Alarm System: Fire Alarm System required. Installation shall comply with
the requirements of NFPA 72.
38. Water Supply: The water supply and location/s of fire hydrants must be
approved prior to any work being performed on the job site. (903.1 CFC)
39. Water Systems and Hydrants: Underground water 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, 1995 Edition. Prior to final
approval of the installation, the applicant's contractor shall submit a completed
Contractor's Material and Test Certificate to the Fire Department, (9-2.1 NFPA
24, 195 Edition).
40. Access During Construction: Access for firefighting equipment shall be
provided to the immediate job site at the start of construction and maintained until
all construction is complete. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not less than 13'6". Fire Department access roads shall have an all
weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902
CFC)
41. Knox (emergency access) Key Switch: A Knox key operated switch hall be
installed at every automatic gate, if provided. Show any such switch locations on
plans. Show requirement in plan notes.
Resolution No. 22306
Page 12
42. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry
System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC
Cap, or Decal approved for use by the City of Palm Springs Fire Department.
43. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped
with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet
above grade. Contact the Fire Department at 760-323-8186 for a Knox
application form, (902.4 CFC)
44. Ventilating Hood & Duct System: A ventilating hood and duct system shall be
provided for commercial-type food heat-processing equipment that produces
grease-laden vapors. (1005.1 CFC)
45. Fire Extinguishing System Required: Approved automatic fire extinguishing
systems shall be provided for the protection of commercial type cooking
equipment. (1005.2.1 CFC)
46. Fire Flow: Recommend that the hydrant system be evaluated by applicant to
ensure that required fire flow is met.
Police Department
47. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs
Municipal Code.
Engineering Department:
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
48. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
TAHQUITZ CANYON WAY
49. All broken or off grade street improvements shall be repaired or replaced.
BELARDO ROAD
50. Dedicate an additional right-of-way for a property line - corner cut-back at the
southwest corner of the intersection of Belardo Road and Tahquitz Canyon Way,
in accordance with the proposed new curb ramp and City of Palm Springs
Standard Drawing No. 105.
Resolution No. 22306
Page 13
51. Remove the existing asphalt concrete pavement within the bay parking area as
necessary to construct a bay parking driveway approach to accommodate bay
parking stalls along the Belardo Road frontage in accordance with City of Palm
Springs Standard Drawing No_ 201. Bay parking stalls shall be located
completely on-site, behind sidewalk, and not within public right-of-way.
52. Remove the existing asphalt concrete pavement within the bay parking areas
and replace with decorative paving, colored and/or patterned to relate to the
overall design in accordance with Zoning Code 93.06.00.C.15.e.
53. All broken or off grade street improvements shall be repaired or replaced_
CAHUILLA ROAD
54. Dedicate an additional right-of-way for a property line - corner cut-back at the
southeast corner of the intersection of Cahuilla Road and Tahquitz Canyon Way,
in accordance with the proposed new curb ramp and City of Palm Springs
Standard Drawing No. 105.
55. Remove the existing street improvements along the proposed bay parking area
and south to the south property line, as necessary to construct a wedge or roll
curb located 18 feet east of centerline.
56a. Construct a 5 feet wide sidewalk behind the proposed bay parking area and
replace with decorative paving, colored and/or patterned to relate to the overall
design in accordance with Zoning Code 93.06.00.C.15.e.
56. Remove the existing asphalt concrete pavement within the proposed bay parking
area and replace with decorative paving, colored and/or patterned to relate to the
overall design in accordance with Zoning Code 93.06.00.C.15.e.
57. All broken or off grade street improvements shall be repaired or replaced.
SANITARY SEWER
58. All sanitary facilities shall be connected to the public sewer system.
GRADING
59. Submit a Precise Grading Plan prepared by a California registered civil engineer
to the Engineering Division for review and approval. The Precise Grading Plan
shall be approved by the City Engineer prior to issuance of grading permit. A
Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Division for review and approval.
The applicant and/or its grading contractor shall be required to comply with
Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required
Resolution No. 22306
Page 14
to utilize one or more "Coachella Valley Best Available Control Measures" as
identified in the Coachella Valley Fugitive Dust Control Handbook for each
fugitive dust source such that the applicable performance standards are met. The
applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by
staff that has completed the South Coast Air Quality Management District
(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and valid
Certificate(s) of Completion from AQMD for staff that have completed the
required training. For information on attending a Fugitive Dust Control Class and
information on the Coachella Valley Fugitive Dust Control Handbook and related
"PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at
www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the
Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and
approved by the Engineering Division prior to approval of the Precise Grading
Plan.
The first submittal of the Precise Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of Approval;
a copy of a final approved conformed copy of the Site Plan; a copy of current
Title Report; a copy of Soils Report; and a copy of the Water Quality
Management Plan.
60. 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, Richard Begay (760-699-6907),
or the Tribal Archaeologist, Patty Tuck (760-699-6907), 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.
61. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
62. A 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 number shall be provided to the City Engineer
prior to issuance of a grading permit.
Resolution No. 22306
Page 15
63. 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.
64. 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.
65. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
66. This project may 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, may 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. If required,
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.
67. 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 the adjacent public streets or property is
prohibited. Construction of operational BMP's shall be incorporated into the
Precise Grading Plan.
Resolution No. 22306
Page 16
GENERAL
68. 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.
69. 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, Richard Begay
(760 669-6907), or the Tribal Archaeologist, Patty Tuck (760-669-6907) 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.
70. All proposed utility lines shall be installed underground.
71. 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.
72. 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
(Auto CAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and
Resolution No. 22306
Page 17
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
73. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-
built" information and returned to the Engineering Division prior to issuance of a
final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior to
construction.
74. 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.
75. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed in
accordance with City of Palm Springs Standard Drawing No. 904.
MAP
76. The property identified by Assessor's Parcel Number 513-142-001, consisting of
parcels identified as Lots 1 through 16, 23 through 28, of Block 15; and the
easterly 8 feet of Cahuilla Road (vacated) adjacent to tots 1, and 23 through 28
of Block 15, of the Map of Palm Springs, Map Book 9, Page 432, (records of San
Diego County), shall be merged. An application for a parcel merger shall be
submitted to the Engineering Division for review and approval. A copy of a
current title report and copies of record documents shall be submitted with the
application for the parcel merger. The application shall be submitted to and
approved by the City Engineer prior to issuance of a building permit.
TRAFFIC
77. The existing on-street parking restriction on the south side of Tahquitz Canyon
Way extending 40 feet west of Belardo Road shall remain. On-street parking
shall be prohibited on the south side of Tahquitz Canyon Way extending west of
Belardo Road, as necessary to provide minimum required sight distance for
northbound vehicles approaching the Tahquitz Canyon Way and Belardo Road
intersection, as required by the City Engineer.
78. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
79. 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,
Resolution No. 22306
Page 18
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 2006, or subsequent
additions in farce at the time of construction.
END OF CONDITIONS