HomeMy WebLinkAbout12/19/2007 - STAFF REPORTS - 5.B. Speech for City Council - Request for Extension of Time December '19, 2007
Honorable Mayor, City Council, Staff, Good evening.
I am Nejat Kohan, Co-owner of Spanish Inn and applicant for Building permit.
First, We would like to inform you that the construction of Movie Colony Traffic Calming
Program began more than a month ago, exactly one day before Planning Commission
granted three months to complete the plan, For the last five weeks, construction has
continued to make progress, up until today.
Please understand, the Movie Colony plan is very complex with multiple details. Even
though the Engineering aspects of the project went through City Plan Check 8 times
before approval, there are still significant problems and complaints from the
neighborhood such as grading & curbs.
The problems have created changes and modifications during the current construction
of the Plan. These change orders are beyond our power and have created delay in
progress. Furthermore, we anticipate that the Conditions of Approval for this Traffic Plan
will be approved tonight by City council. Some of these conditions are being handled by
5 utility companies. They have traditionally been very busy with their own scheduling
and will respond to our request in their timely order, no matter how urgent our issues.
Additionally, because of the upcoming holidays and the traditional reduction of effort
during the December and January months, it is very unlikely that the Traffic Calming
Plan could be completed in three months. Therefore, we wish to appeal to City Council
to give us six months to complete the Traffic plan and recording of Final Map.
To reiterate our plea many times, it is unjust that we are required to assume 100% of
the financial burden. Furthermore, now a significant extra cost will be needed to
implement the new modifications during construction of the Plan. Spanish Inn has no
open-ended offsite budget to cover all these additional costs.
Even though City required Colony Palms to contribute their share of$109,000 to the
Traffic Program, they totally ignored our requests to do so.
Who can justify that Spanish Inn should subsidize the cost of street improvement,
Curves, Gutters and Asphalt for all surrounding hotels & Club, i.e. Colony Palms Hotel,
Movie Colony Hotel, Indian manor& Palm Springs Club?
In conclusion, M.C. and City initiated the Traffic plan, not Spanish Inn. It was imposed
on us and we were given no choice. We are now accomplishing the program you want;
but this complicated plan requires 6 months time extension. Additionally we request
financial assistance either by Grants or future Room Tax Credit. Thank you
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December 19, 2007
Good eveniva, Honorable Mayor, City Council; City staff
My name is Lisa L�uisi assistant to Spanish Inn owners; here to read a
statement a oub t Movie Colony Traffic Plan on behalf of the Owners.
As you are aware,the construction of Movie Colony Traffic Calming Plan is underway
and we are making progress at Via AltaMira,North Via Cbica and Cnanvia Valmonte.
Property owners who are in close proximity to the Traffic Calming Plan indicated to us
and the contractor,that they prefer Wedge Curbs instead of 6"Curbs, due to more
parking space adjacent to their properties.
Last year, Spanish Inn's Civil Engineer,properly designed Wedge Curbs for Via Chica.
Unfortunately City changed them to 6"Curbs.We are in favor of the Wedge Curb, as we
believe it is appropriate for neighbor parking as well as ease of traffic flow.
The Traf e Plan is a closed and circular area. With the 6"Curb Plan no parking spaces
are allotted for guests or maintenance services.Therefore with the above information,
please compare the following two options:
It has been known that some neighbors insist on the 6"Curb on the East
side of Via Chica for the purpose of gaining land for themselves preventing neighbors to
park there. With this option,upon the completion of the Traffic Plan,25 to 30 feet of the
new Right-of-Way will remain unpaved,unlandscaped dirt fill, and look very unsightly
because some east side Via Chica Owners have not ever landscaped the Right-of-Way
adjacent to their property. These neighbors are anticipating City approval to include a
new Right-of Way by moving their property line and existing wall to the middle of Via
Chica. Any conversion of this land to east neighbors will eventually result in a feudal
lawsuit between landowners.
0771�)P T"2: If the City agrees to return to the original plan with the Wedge Curb and
Gutters, the change will create multiple public parking without encroaching on Owners'
Right-of-way.
Under this option, Spanish Inn owners are offering to subsidize asphalt and landscaping
costs on the east side of north Via Chica.
We welcome you Mayor, Council members and staff to visit the job site and let us
explain in detail..if you do not agree with Option#2,we urge you to setup a committee
to review this issue and report accordingly. Time is of the essence. We must act in one
week,as construction is moving along on a timely schedule. Thank you
PALM Sa
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CITY COUNCIL STAFF REPORT
DATE= December 19, 2007 CONSENT CALENDAR
SUBJECT: REQUEST BY NEJAT KOHAN FOR A ONE-YEAR TIME EXTENSION
FOR CASE NO. 5.1012 CUP / TTM 31104 TO ALLOW THE
CONTINUATION OF AN UNUSED ENTITLEMENT TO CONVERT 12
HOTEL ROOMS INTO CONDOMINIUMS AND THE CONSTRUCTION
OF EIGHT ADDITIONAL CONDOMINIUMS LOCATED AT 640 NORTH
INDIAN CANYON DRIVE, ZONE R-3, SECTION 11.
FROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
The applicant has requested a one-year time extension on the entitlements for the
Spanish Inn. No public hearing is required.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME
EXTENSION FROM SEPTEMBER 5, 2007 TO SEPTEMBER 5, 2008 FOR CASE NO.
5-1012 CUP / TTM 31104 TO ALLOW THE CONTINUATION OF AN UNUSED
ENTITLEMENT TO CONVERT 12 HOTEL ROOMS INTO CONDOMINIUMS AND THE
CONSTRUCTION OF EIGHT ADDITIONAL CONDIMINIUMS LOCATED AT 640
NORTH INDIAN CANYON DRIVE, ZONE R-3, SECTION 11."
PRIOR ACTIONS:
On September 7, 2005, the City Council voted to approve Case No. 5.1012—CUP /
TTM 31104. A Planned Development District (PD 300) application was denied by the
Planning Commission on October 27, 2004.
On November 14, 2007, the Planning Commission recommended approval of a one-
year time extension to expire on September 5, 2008 for Case No. 5.1012 / TTM 311104.
Item No. 5 . B .
City Council Staff Report December 19, 2007
5.1012 CUP/TTM 31104 Time Extension Page 2 of 6
The recommendation to the City Council included the following changes to the
Conditions of Approval.
1. Amend Development Schedule to Include new Milestones #1 and #2. See
Table 3 for the updated development schedule.
2. Add the following conditions to the Conditions of Approval:
a. "Failure of the Applicant to comply with any one of the milestones
as enumerated in the Development Schedule will result in the
immediate revocation of all entitlements, including any time
extensions in effect."
b. `All other conditions associated with the project shall remain in full
force and effect."
3. Add and amend conditions per the request of the Engineering Department
with regards to right-of-way vacation, Whitewater Mutual water lines, along
with updates on wording and the inclusion of Tribal Monitoring as found in
Exhibit A attached to this report.
BACKGROUND:
The site is on two parcels where the Spanish Inn Hotel is located. The proposal is to
renovate Building A for use as a hotel, to convert Building B from hotel to condominium
and to construct a new Building C as condominiums with an underground parking area.
Table 1: The surrounding Land Uses are tabled below:
General Plan Zone Land Use
North H43/21 R-3 Hotel
South H43/21, CBD R-3 Hotel
East L4 R-1-13 Single-Family Residence
West PR, RC O, R-3 Stevens Park, Multi-Family Residential
Due to the past history of code violations on the property, the project was approved by
the City Council on September 7, 2005 with the following development schedule:
Table 2: Development Schedule for Spanish Inn Remodel
Milestone Description Timeline Date
1. All internal demolition 3 months after final map
2. Submit for final map within 1 year of TTM approval
3. Apply for grading permits 6 months after final map
4. Secure grading permits 1 year after final map
000OC2
City Council Staff Report December 19, 2007
5.1012 CUP/TTM 31104 Time Extension Page 3 of 6
5_ Submit construction plans 6 months after final map
6. Apply for building permits 1 year after final map
7. Complete construction 2 years after final map
8_ Certificate of Occupancy 3 years after final map
After the approval of the project by the City Council on September 7, 2005, the applicant
made limited progress with regards to satisfactorily meeting the above development
schedule during the duration of his original entitlements.
In reviewing the above development schedule, staff notes that progress in complying
with the dates for Milestones #3 — 8 are dependent upon the submittal of the Final Map.
The application for the Final Map was submitted on August 23, 2006 (Milestone #2).
The Final Map has been through three reviews; no revisions have been submitted by
the applicant since April 2, 2007.
Demolition permits were first issued on November 2, 2006 (Milestone #1) for interior
walls and ceilings. On July 20, 2007, another demolition permit was issued for stairs,
partitions and entry tower.
Construction plans for the guard rails were submitted on November 2, 2006.
Construction plans for the actual remodel of the Spanish Inn (Bldngs. A, B, &C) were
submitted on December 20, 2006 (Milestone #5). The construction plans for the
remodel have not been approved in part due to issues related to the number of parking
spaces, window treatments, and significant architectural modifications with regards to
roof lines and towers.
No grading permits have been issued.
The Planning Commission recommended on November 14, 2007 to add two new
Milestones (#1 and #2), and shorten the time for submitting for building permits for one
year to six months as shown in Table 3.
Table 3: Revised Development Schedule for Spanish Inn Remodel
Milestone Description Timeline Date
1_ Approve street improvement plans related to the Movie No later than
Colony Traffic Calming Program November 7, 2007
2, Record Final Map and install street improvement plans No later than
February 7, 2008
3, All internal demolition 3 months after final
_ ma
4. Apply for grading permits 6 months after final
map
5, Apply for building permits and submit construction plans 6 months after final
map
6. Secure grading permits 1 year after final map
060003
City Council Staff Report December 19, 2007
5.1012 CUP/TTM 31104 Time Extension Page 4 of 6
7. Secure building permits 1 year after final map
8, Complete construction 2 years after final map
g- Certificate of Occupancy 3 years after final map
Per the requirement of the Milestone #1, the Applicant's street improvement plans for
the Movie Colony Traffic Program were approved the by the Engineering Department on
October 30, 2007- The permit to construct the street improvement plans was issued on
October 31, 2007. The Applicant has met the requirements of Milestone #1 of the new
schedule.
ANALYSIS:
The applicant submitted a letter of lime extension request on August 30, 2007. The
letter asks for a two-year time extension. Pursuant to Chapter 9.63.110 of the PSMC,
TTMs may only be extended to one year.' The associated CUP may be extended to
one year along with the TTM.
According to Section 94.02.00(F) of the Palm Springs Zoning Code (PSZC), CUPS are
valid for two years during which time the allowed use must be established. This time
limit may be extended by the Planning Commission upon demonstration of good cause.
Pursuant to Chapter 9.63.110 of the Palm Springs Municipal Code (PSMC), Tentative
Tract Maps are valid for two years from the date the map was approved. The applicant
must state the reasons for the extension and the length of time requested-
The applicant asserts the following in the letter of request:
• Much of the delay stems from complying with the Movie Colony Traffic Calming
Program. Only in the past few months were issues regarding streets have been
clarified. The complex engineering aspects of the project resulted in five plan
check reviews due to changes imposed by the City. The applicant claims that
more than $1.5 million dollars were already spent for various project-related
activities. Complying with the Conditions of Approval that require reimbursement
of the City for part of the program is still unresolved-
• "Prevailing wage" requirement imposed a rise in cost of the program by about 20
to 30 percent.
• Resubmittal of plans for building permits is imminent.
Review of the time extension normally considers changes in the applicable rules and
any changes in the character of the neighborhood since the original entitlement was
approved. Since the approval of the project, the remodel of the Colony Palms Hotel and
associated street improvements were completed. The completed remodel is within the
historic character of the neighborhood and the improvements enhanced street
i The applicant is also asking the City to grant all or a significant portion of$500,000 cost of the program.
This request is not part of this analysis and is a separate matter from the time extension request.
- 0000,34
City Council Staff Report December 19, 2007
5.1012 CUP(TTM 31104 Time Extension Page 5 of 6
conditions. Since the approval of the original entitlement, no changes in the applicable
rules or in the character of the neighborhood would warrant denial of the time extension.
Denying the request for a time extension after the applicant has made progress on
some of the milestones would not only effectively terminate the project as adopted by
the City Council on September 7, 2005; it may create a potential nuisance and hazard.
Vacant properties in the City are constant law enforcement problems. These properties
can be a nexus for criminal activities such as burglary, vandalism, drug dealing,
prostitution, and arson. Also, these potentially hazardous environments have at times
become shelters for homeless persons. The project has avoided the problems typical of
vacant properties by consistently maintaining a secure and clean site since the issuance
of entitlements in compliance with Section 93.19.00 of the PSZC.
Additionally, undeveloped properties harm the aesthetics of surrounding neighborhoods.
The location of the Spanish Inn on a major thoroughfare of the City, a primary gateway
through which visitors are introduced to the historic architectures of the City, the
continuance of blighted conditions negatively affects the tourism industry.
Staff has concluded that the applicant has achieved limited adherence to the
development schedule. Based on the letter of request received in August S, 2007, staff
has determined that the request for a time extension is reasonable, if only barely so.
Staff believes that an extension would result in a better outcome than denying the
request, shutting the project down, and creating an abandoned site.
The applicant has submitted an updated request (dated November 29) for a 3-month
extension of the deadline to install street improvement plans (Milestone #2) staff
believes that the deadline recommended by the Planning Commission is sufficient; no
extension is recommended.Z
Lastly, the Engineering Department recommends the adoption of new Conditions of
Approval with regards to right-of-way vacation, Whitewater Mutual water lines, along
with updates on wording and the inclusion of Tribal Monitoring. The full enumeration of
the Engineering Conditions of Approval is found in Exhibit A attached to this report.
FISCAL IMPACT
No fiscal impact.
2 The applicant also requested financial assistance from the City. The request is not part of this analysis
and is a separate matter from the time extension request.
- DD6aDs
City Council Staff Report December 19, 2007
5.1012 CUP/TTM 31104 Time Extension Page 6 of 6
a A wi OP Thomas J- Wils
Dire or of ann g Services Assistant City Manager, Dev't Svcs
David H- Ready
City Manager
Attachments:
1- Vicinity Map
2, Draft City Council Resolution
3. Planning Commission Memo & Resolution No. 7070, November 14, 2007
4. Planning Commission Staff Report
5. Applicant Letters of Request, received August 8, and November 29, 2007
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GRANVIA VALMONTE
CITY OF PALM SPRINGS
CASE NO.: TTM 31104 / 5.1012 -CUP DESCRIPTION: Application by Nejat Kohan for
Tentative Tract Map & Conditional a time extension to renovate the hotel, convert
hotel to condominiums and construct new
Use Permit Time extension condominium building at 640 North Indian Canyon,
R-3 Zone, Section 11, APNs: 507-183-003, 507-
APPLICANT: Nejat Kohan 183-007.
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City Council Resolution
December 19, 2007
5.1012 CUP/TTM 31104
RESOLUTION NO.
OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME
EXTENSION FROM SEPTEMBER 5, 2007 TO
SEPTEMBER 5, 2008 FOR CASE NO. 5.1012 CUP / TTM
31104 TO ALLOW THE CONTINUATION OF AN UNUSED
ENTITLEMENT TO CONVERT 12 HOTEL ROOMS INTO
CONDOMINIUMS AND THE CONSTRUCTION OF EIGHT
ADDITIONAL CONDIMINIUMS LOCATED AT 640 NORTH
INDIAN CANYON DRIVE, ZONE R-3, SECTION 11.
WHEREAS, Nejat Kohan ("Applicant") has filed an application with the City pursuant to
Chapter 9.63.110 of the Palm Springs Municipal Code for a two-year time extension for
Case No. 5.1012 CUP / TTM 31104 to allow the continuation of an unused entitlement
to convert 12 hotel rooms into condominiums and the construction of eight additional
condominiums located at 640 North Indian Canyon Drive, Zone R-3, Section 11; and
WHEREAS, on November 14, 2007 the Planning Commission held a public meeting
and voted to recommend that the City Council approve a one-year time extension of
Case No. 5.1012 CUP / TTM 33104; and
WHEREAS, on December 19, 2007, the City Council held a public meeting to consider
the applicant's request for a one-year time extension of Case No. 5,1012 CUP / TTM
31104; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act (CEQA); and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the project, including but not limited to the
staff report and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: Add the following conditions of approval to the project:
1. Amend Development Schedule to include new Milestones #1 and #2. See
Table #2 for the updated development schedule.
2. Add the following conditions to the Conditions of Approval,-
a- "Failure of the Applicant to comply with any one of the
milestones as enumerated in the Development Schedule will
result in the immediate revocation of all entitlements, including
Page 1 of 000008
anytime extensions in effect."
b. `All other conditions associated with the project shall remain in full
force and effect."
3. Add and amend conditions per the request of the Engineering Department
with regards to right-of-way vacation, Whitewater Mutual water lines, along
with updates on wording and the inclusion of Tribal Monitoring as found in
Exhibit A attached to this report.
Section 2: Approve a one year time extension to September 5, 2008 for Case No.
5.1012 CUP /TTM 31104
ADOPTED THIS Igth day of December, 2007.
David H. Ready, City 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. _ is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on
by the following vote:
AYES:
NOES:
ABSENT-
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
RESOLUTION NO.
EXHIBIT A
Case Nos. 5.1012 — CUP /TTM 31104
Time extension
640 North Indian Canyon Drive
December 19, 2007
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PLANNING DEPARTMENT:
Project Specific
1. The Development Schedule shall be amended to read as follows:
Milestone Description Timeline Date
1. Approve street improvement plans related to the No later than
Movie Colony Traffic Calming Program November 7, 2007
2. Record Final Map and install street improvement No later than
tans February 7, 2008
3. All internal demolition 3 months after final
ma
4. Apply for grading permits 6 months after final
ma
5. Apply for building permits and submit 6 months after final
construction plans map
6. Secure grading permits 1 year after final
ma
7. Secure building permits 1 year after final
ma
8. Complete construction 2 years after final
ma
9. Certificate of Occupancy 3 years after final
ma
CC Conditions of Approval December 12, 2007
Case No. 5.1012—CUP/TTM 31104 Time extension Page 2 of 12
2. Failure of the Applicant to comply with any one of the milestones as enumerated
in the Development Schedule will result in the immediate revocation of all
entitlements, including any time extensions in effect.
3. All other conditions associated with the project shall remain in full force and
effect.
ENGINEERING DEPARTMENT:
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. Tentative Tract Map 31104 proposes a partial abandonment of the south half of
the existing right-of-way for Via Alta Mira and Granvia Valmonte adjacent to the
project site, to facilitate construction of new bay parking spaces along the
frontage. The Final Map should show abandonment of existing right-of-way
along both Via Alta Mira and Granvia Valmonte extending from the current right-
of-way to the curb line along the project frontages.
4. Abandonment of right-of-way is required to facilitate the proposed development
application. Required right-of-way abandonment shall be acknowledged on the
Final Map in accordance with Subdivision Map Act Section 66434(g). Prior to
approval of a Final Map, the applicant shall coordinate with each public utility
company and determine specific requirements as to the abandonment and/or
relocation of existing underground utilities that may exist within the public right-of-
way to be abandoned.
5. The applicant shall be responsible for the design and construction of the street
improvements required to implement the "Movie Colony Traffic Calming
Program" adopted by the City Council on June 15, 2005. The street
improvements have been conceptually outlined by the Engineering Division, and
will be made available to the applicant upon request. The required street
improvements to implement the "Movie Colony Traffic Calming Program" are
generally listed within these conditions; however, additional requirements may be
added at the discretion of the City Engineer as street improvement plans are
prepared by the applicant for review and approval by the City Engineer. The
applicant is advised that not all required street improvements necessary to
implement the "Movie Colony Traffic Calming Program" are specifically listed
herein, and that off-site street improvements are required as a condition of this
development.
CC Conditions of Approval December 12, 2007
Case No. 5.1012—CUP/TTM 31104 Time extension Page 3 of 12
6. The Engineering Division has estimated the total cost of the "Movie Colony
Traffic Calming Program" at approximately $362,000 with an estimated fair share
of $111,000 assigned to the proposed development. The applicant may request
to enter into a reimbursement agreement with the City that provides for
reimbursement to the applicant from other property owners subject to the "Movie
Colony Traffic Calming Program", as identified by the City. Reimbursement shall
be determined as the proportionate share of the cost of constructing the street
improvements, as approved by the City Engineer, and reimbursement shall be
made to the applicant as reimbursements are received, if any, in accordance with
the terms of the reimbursement agreement. The developer shall deposit $2,500
with the Engineering Division for costs associated with preparation of the
reimbursement agreement by the City Attorney, and shall be liable for all costs in
the preparation thereof.
7. Engineering Division recommends deferral of off-site improvement items related
to Indian Canyon Drive at this time due to lack of full improvements in the
immediate area. The owner shall execute a street improvement covenant
agreeing to construct all required street improvements related to Indian Canyon
Drive upon the request of the City of Palm Springs City Engineer at such time as
deemed necessary. A covenant preparation fee in effect at the time that the
covenant is submitted shall be paid by the applicant, and the covenant shall be
shall be executed prior to issuance of a certificate of occupancy.
INDIAN CANYON DRIVE
8. Dedicate an additional 20 feet to provide the ultimate half street right-of-way
width of 50 feet along the entire frontage, together with a property line - corner
cut-back at the northwest and southwest corners of the subject property in
accordance with City of Palm Springs Standard Drawing No. 105.
9. Remove the existing 8 inch curb and gutter located 26 feet east of centerline and
replace with an 8 inch curb and gutter located 38 feet east of centerline along the
entire frontage, with a 25 feet radius curb return and spandrel at the southeast
corner of the intersection of Indian Canyon Drive and Via Altamira and at the
northeast corner of the intersection of Indian Canyon Drive and Granvia
Valmonte, in accordance with City of Palm Springs Standard Drawing No. 200
and 206, This condition may be deferred to covenant, subject to approval of the
Director of Public Works.
10. Remove the existing curb return and spandrel at the southeast corner of the
intersection of Indian Canyon Drive and Granvia Valmonte, as necessary to
coordinate with the "Movie Colony Traffic Calming Program" street
improvements. This condition may be deferred to covenant, subject to approval
of the Director of Public Works.
CC Conditions of Approval December 12, 2007
Case No. 5,1012—CUP/TTM 31104 Time extension Page 4 of 12
11, Construct an 8 feet wide cross gutter across the east leg of the Indian Canyon
Drive and Via Altamira intersection, and across the east leg of the Indian Canyon
Drive and Granvia Valmonte intersection, as necessary to coordinate with the
"Movie Colony Traffic Calming Program" street improvements, in accordance
with City of Palm Springs Standard Drawing No. 200. This condition may be
deferred to covenant, subject to approval of the Director of Public Works.
12. Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the
proposed curb along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210. This condition may be deferred to covenant, subject
to approval of the Director of Public Works.
13. Construct a Type A curb ramp meeting current California State Accessibility
standards at the southeast corner of the intersection of Indian Canyon Drive and
Via Altamira and at the northeast corner of the intersection of Indian Canyon
Drive and Granvia Valmonte in accordance with City of Palm Springs Standard
Drawing No. 212. This condition may be deferred to covenant, subject to
approval of the Director of Public Works.
14. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement along the entire frontage in
accordance with City of Palm Springs Standard Drawing No_ 110 and 340. If an
alternative pavement section is proposed, the proposed pavement section shall
be designed by a California registered Geotechnical Engineer using "R" values
from the project site and submitted to the City Engineer for approval.
VIA CHICA
15. Dedicate an easement for sidewalk purposes as needed for those portions of
sidewalk located outside of the public right-of-way.
16. Remove the existing asphalt pavement, and construct full width street
improvements consisting of 2'/z inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, along Via Chica, from Via Altamira to Via Colusa,
in accordance with the "Movie Colony Traffic Calming Program Street
improvements shall consist of a 20 feet wide, one-way southbound street, and 45
feet diameter traffic circles located at the intersections with Via Altamira and
Granvia Valmonte, and a 30 feet diameter traffic circle at Via Colusa. Standard
curb and gutter, wedge curb, or other approved street edge treatment shall be
constructed, as necessary to convey street surface drainage.
17. Proposed bay parking spaces along Via Chica adjacent to this project shall be
aligned as necessary to facilitate the one-way southbound direction of Via Chica_
000014
CC Conditions of Approval December 12, 2007
Case No. 5.1012—CUP 1 TTM 31104 Time extension Page 5 of 12
Perpendicular bay parking, as shown on Tentative Tract Map 31104, shall not be
allowed.
18. The proposed driveway entrance into the open parking garage identified as
"Complex C shall have a minimum width of 24 feet, and shall be constructed of 6
inches of concrete, unless otherwise approved by the City Engineer, from the
garage structure to the edge of travel way on Via Chica. The proposed driveway
width of 20 feet is not approved.
VIA ALTAMIRA
19. Dedicate an easement for sidewalk purposes as needed for those portions of
sidewalk located outside of the public right-of-way.
20. Remove the existing asphalt pavement, and construct full width street
improvements consisting of 2'/z inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, along Via Altamira, from Indian Canyon Drive to
east of Via Chica, in accordance with the "Movie Colony Traffic Calming
Program". Street improvements shall consist of a 24 feet wide, two-way street,
and a 45 feet diameter traffic circle located at the intersection with Via Chica.
Standard curb and gutter, wedge curb, or other approved street edge treatment
shall be constructed, as necessary to convey street surface drainage.
21. Proposed bay parking spaces along Via Altamira adjacent to this project shall be
aligned as necessary to facilitate the two-way direction of Via Altamira. Bay
parking shall be aligned perpendicular to the travel way.
GRANVIA VALMONTE
22. Dedicate an easement for sidewalk purposes as needed for those portions of
sidewalk located outside of the public right-of-way.
23. Remove the existing curb and gutter and asphalt pavement, and construct full
width street improvements consisting of 2'/z inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, along Granvia Valmonte, from
Indian Canyon Drive to Via Chica, and along Valmonte Del Norte and Valmonte
Del Sur east of Via Chica, in accordance with the "Movie Colony Traffic Calming
Program Street improvements shall consist of a 24 feet wide, two-way street,
and a 45 feet diameter traffic circle located at the intersection with Via Chica.
Standard curb and gutter, wedge curb, or other approved street edge treatment
shall be constructed, as necessary to convey street surface drainage.
CC Conditions of Approval December 12, 2007
Case No. 5,1012—CUP/TTM 31104 Time extension Page 6 of 12
24. Proposed bay parking spaces along Granvia Valmonte adjacent to this project
shall be aligned as necessary to facilitate the two-way direction of Granvia
Valmonte. Bay parking shall be aligned perpendicular to the travel way.
SANITARY SEWER
25. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
26. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions
and Restrictions (CC&R's) required for this project.
27. The on-site private sewer system shall collect sewage from the development and
connect to the existing public sewer system with a standard sewer lateral
connection in accordance with City of Palm Springs Standard Drawing No. 405.
Sewer plans shall be submitted to the Engineering Division for review and
approval. Private on-site sewer mains for residential projects shall conform to
City sewer design standards, including construction of 8 inch V.C.P. sewer main
and standard sewer manholes. 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
28. Submit a Precise Grading Plan prepared by a California registered civil engineer
to the Engineering Division for review and approval. A Fugitive Dust Control Plan
shall be prepared by the applicant and/or its grading contractor and submitted to
the Engineering Division for review and approval. The applicant and/or its
grading contractor shall be required to comply with Chapter 8.50 of the City of
Palm Springs Municipal Code, and shall be required to utilize one or more
"Coachella Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its contractor's
Fugitive Dust Control Plan shall be prepared by staff that has completed the
South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
Dust Control Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
0060:1 �
CC Conditions of Approval December 12, 2007
Case No. 5.1012—CUP/TTM 31104 Time extension Page 7 of 12
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 Grading plan. The Precise Grading Plan shall be approved by the City
Engineer prior to issuance of grading permit.
a. 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 Tentative Tract
Map or site plan, a copy of current Title Report; and a copy of Soils Report.
29. Coordinate with Whitewater Mutual Water Company to determine relocation
requirements for the existing water lines and other facilities located within the
property if any. The applicant shall be required to make appropriate
arrangements to protect in place or relocate the existing Whitewater Mutual
Water Company facilities that are affected by the development. A letter of
approval from Whitewater Mutual Water Company for relocated or adjusted water
lines and other facilities shown on the Precise Grading Plan shall be submitted to
the Engineering Division prior to approval of the Precise Grading Plan_
30. 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.
31. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
32. 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.
33. 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
00C9� 7
CC Conditions of Approval December 12, 2007
Case No. 5.1012—CUP/TTM 31104 Time extension Page 8 of 12
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
34. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system. Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management Practices
(BMP's).
35, 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, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development.
36. The project is subject to flood control and drainage implementation fees pursuant
to Resolution 14082. The acreage drainage fee at the present time is $9,212.00
per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a
building permit.
ON-SITE
37. For on-site bay parking in residential and commercial zones, paving material
shall be decorative paving, colored and/or patterned to relate to the overall
design in accordance with zoning Code 93.06.00 (C)(15)(e).
38. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete,
unless alternative materials meeting state and federal accessibility standards is
approved by the City Engineer.
CC Conditions of Approval December 12, 2007
Case No 5 1012—CUP/TTM 31104 Time extension Page 9 of 12
39, No structures shall be constructed within existing or proposed public utility
easements.
GENERAL
40. 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 OF
better than existed prior to construction of the proposed development.
41. 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.
42. All proposed utility lines shall be installed underground.
43. 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.
44. 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
0 0 0 0 i 2
CC Conditions of Approval December 12, 2007
Case No. 5,1012—CUP/TTM 31104 Time extension Page 10 of 12
(AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer,
45, 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.
46. 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.
47. 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
48. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Final Map
to the Engineering Division as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
49. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related
to the Engineering Division's recommendations. The CC&R's shall be approved
by the City Attorney prior to approval of the Final Map.
50. Upon approval of a final map, the final map shall be provided to the City in G.LS.
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
00002C'
CC Conditions of Approval December 12, 2007
Case No. 5,1012-CUP/TTM 31104 Time extension Page 11 of 12
drawing file), DXF (Auto CAD ASCII drawing exchange file) ), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of G.LS. digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
51. In accordance with Section 66434 (g) of the Government Code, the portion of the
existing public right-of-way over Via Alta Mira between the south right-of-way line
and the south curb line; the portion of the existing public right-of-way over
Granvia Valmonte between the north right-of-way line and the north curb line,
and the portion of the existing public right-of-way over Via Chica between the
west right-of-way line and the west curb line may be abandoned upon the filing of
a Final Map identifying the abandonment of the rights-of-way granted to the City
of Palm Springs. Prior to approval of a Final Map, the applicant shall coordinate
with each public utility company and determine specific requirements as to the
abandonment and/or relocation of existing underground utilities that may exist
within the public easements to be abandoned. Prior to approval of a Final Map,
the developer shall provide to the City Engineer a letter of approval regarding the
proposed abandonment of public right-of-way and public utility easements from
each public utility agency.
TRAFFIC
52. The applicant shall relocate the existing City street lights along the Indian
Canyon Drive frontage behind the curb, as part of the widening of Indian Canyon
Drive required by this development. The relocated street lights shall have the
existing overhead power converted to underground service through installation of
underground conduits and pull boxes between the street lights located along the
Indian Canyon Drive frontage, subject to the review and approval of the City
Engineer. Prior to removal and relocation of existing street lights, contact the City
of Palm Springs Facilities Division for requirements related to the removal and
relocation of the affected street lights.
53. Submit traffic striping plans for Indian Canyon Drive, prepared by a California
registered civil engineer, for review and approval by the City Engineer. All
required traffic striping improvements shall be completed in conjunction with
required street improvements, to the satisfaction of the City Engineer, and prior
to issuance of a certificate of occupancy.
54. 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.
55. 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
09GO2
CC Conditions of Approval December 12, 2007
Case No. 5.1012—CUP/TTM 31104 Time extension Page 12 of 12
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.
56. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
END OF CONDITIONS
OHM
City of Palm Springs
N Planning & Zoning Department
r441FOaH\
Date: November 14, 2007 VL
To: Planning Commissioners
From: Craig Ewing, AICP, Director of Planning Se ' s
Subject: Case No, 5.1012 CUP / TTM 31104, Spanish Inn ime extension
On October 24, 2007, the Planning Commission directed staff to prepare a resolution with the
following new conditions for the above-referenced case:
1. Amend Development Schedule to include new Milestones #1 and #2.
2. "Failure of the Applicant to comply with any one of the milestones as enumerated in
the Development Schedule will result in the immediate revocation of all entitlements,
including any time extensions in effect."
3. "All other conditions associated with the project shall remain in full force and effect."
Lastly, the Engineering Department recommends the adoption of new Conditions of Approval with
regards to right-of-way vacation, W hitewater Mutual water lines, along with updates on wording and
the inclusion of Tribal Monitoring. The full enumeration of the Engineering Conditions of Approval is
found in Exhibit A attached to this report. The amended resolution with the new development
schedule and conditions is attached to this memo.
Per the requirement of the Milestone #1, the Applicant's street improvement plans for the Movie
Colony Traffic Program were approved the by the Engineering Department on October 30, 2007.
The permit to construct the street improvement plans was issued on October 31, 2007. The
Applicant has met the requirements of Milestone#1 by having street improvement plans approved
before November 7, 2007.
Attachments:
-Draft Planning Commission Resolution dated November 14, 2007
-Exhibit A: Revised Conditions of Approval
009023
04 Pn1n; S
'6P
:J N
k +
Planning Commission Staff Report
Date: November 14, 2007
Case No.: 5.1012 — CUP /TTM 31104
Type: Time Extension for a Conditional Use Permit (CUP) and
Tentative Tract Map (TTM)
Location: 640 North Indian Canyon Drive
APN- 507-183-003, 507-183-007
Applicant: Nejat Kohan of Spanish Inn, Inc.
General Plan: H43/21 (High Density Residential)
Zone: R-3 (Multiple-Family Residential and Hotel)
From- Craig A. Ewing, AICP, Director of Planning Services
Project Planner: Bryan Fernandez, Assistant Planner
PROJECT DESCRIPTION:
The applicant, Nejat Kohan of Spanish Inn, Inc., has requested a two-year time
extension for Case Nos. 5,1012 — CUP / TTM 31104 to allow the continuation of an
unused entitlement to convert 12 hotel rooms into condominiums and the construction
of eight additional condominiums. The City Council will also review and approve the
request for the one-year time extension.
RECOMMENDATION:
That the Planning Commission recommend approval of the one-year time extension to
the City Council subject to new conditions to September 7, 2008 for Case Nos.
5.1012—CUP / TTM 31104.
00002
Planning Commission Staff Report October 24,2007
Case 5.1012-CUP/TTM 31104/PD 300 Time Extension Page 2 of 5
BACKGROUND:
The Planning Commission recommended approval of Case Nos. 5.1012—CUP / TTM
31104 / PD 300 on July 13, 2005. On September 7, 2005, the City Council voted to
approve the cases.
Due to the past history of code violations on the property, the project was approved by
the City Council on September 5, 2007 with the following development schedule:
Table 2: Development Schedule for Spanish Inn Remodel
Milestone Description Timeline Date
1 All internal demolition 3 months after final map
2 Submit for final map Within 1 year of TTM approval
3 Apply for grading permits 6 months after final map
4 Secure grading permits 1 year after final map
5 Submit construction plans 6 months after final map
6 Apply for building permits 1 year after final map
7 Complete construction 2 years after final map
8 Certificate of Occupancy 3 years after final map
After the approval of TTM 31104 by the City Council on September 7, 2005, the
applicant has made limited progress with regards to satisfactorily meeting the above
development schedule during the duration of his original entitlements.
In reviewing the above development schedule, staff notes that progress in complying
with the dates for Milestones #3 — 8 are dependent upon the submittal of the Final Map.
The application for the Final Map was submitted on August 23, 2006 (Milestone #2),
within one year of the TTM approval. The Final Map has been through three reviews;
no revisions have been submitted by the applicant since April 2, 2007.
Demolition permits were first issued on November 2, 2006 (Milestone #1) for interior
walls and ceilings. On July 20, 2007, another demolition permit was issued for stairs,
partitions and entry tower.
Construction plans for the guard rails were submitted on November 2, 2006.
Construction plans for the actual remodel of the Spanish Inn (Bldngs. A, B, &C) were
submitted on December 20, 2006 (Milestone #5, #6). The construction plans for the
remodel have not been approved in part due to issues related to the number of parking
spaces, window treatments, and significant architectural modifications with regards to
roof lines and towers.
006025
Planning Commission Staff Report October 24,2007
Case 5.1012—CUP/TTM 31104/PD 300 Time Extension Page 3 of 5
No grading permits have been issued. Street and traffic calming plans have been
through five reviews; no revisions have been submitted by the applicant since
September 5, 2007.
ANALYSIS:
The applicant submitted a letter of time extension request on August 30, 2007- The
letter asks for a two-year time extension. Pursuant to Chapter 9.63,110 of the PSMC,
TTMs may only be extended to one year,' The associated CUP and PD may be
extended to one year along with the TTM.
According to Section 94.02.00(F) of the Palm Springs Zoning Code (PSZC), CUPs and
PDs are valid for two years during which time the allowed use must be established.
This time limit may be extended by the Planning Commission upon demonstration of
good cause. Pursuant to Chapter 9.63.110 of the Palm Springs Municipal Code
(PSMC), Tentative Tract Maps are valid for two years from the date the map was
approved. The applicant must state the reasons for the extension and the length of time
requested.
The site is on two parcels where the Spanish Inn Hotel is located. The proposal is to
renovate Building A for use as a hotel, to convert building B from hotel to condominium
and to construct a new building C as condominiums with an underground parking area.
Table 1: The surrounding Land Uses are tabled below:
GeneralMR-
and Use
North H43/21otel
South H43/21, otel
East L4in le-Famil Residence
West PR, RCtevens Park, Multi-Family Residential
The applicant asserts the following in the letter of request:
• Much of the delay stems from complying with the Movie Colony Traffic Calming
Program. Only in the past few months were issues regarding streets have been
clarified. The complex engineering aspects of the project resulted in five plan
check reviews due to changes imposed by the City. The applicant claims that
more than $1.5 million dollars were already spent for various project-related
activities. Complying with the Conditions of Approval that require reimbursement
of the City for part of the program is still unresolved.
t The applicant is also asking the City to grant all or a significant portion of$500,000 cost of the program.
This request is not part of this analysis and is a separate matter from the time extension request.
Q6602G
Planning Commission Staff Report October 24,2007
Case 5.1012—CUP/TTM 31104/PD 300 Timc Extension Page 4 of 5
• "Prevailing wage" requirement imposed a rise in cost of the program by about 20
to 30 percent.
• Resubmittal of plans for building permits is imminent.
Review of the time extension normally considers changes in the applicable rules and
any changes in the character of the neighborhood since the original entitlement was
approved. Since the approval of the project, the remodel of the Colony Palms Hotel and
associated street improvements were completed. The completed remodel is within the
historic character of the neighborhood and the improvements enhanced street
conditions. Since the approval of the original entitlement, no changes in the applicable
rules or in the character of the neighborhood would warrant denial of the time extension.
Denying the request for a time extension after the applicant has made progress on
some of the milestones would not only effectively terminate the project as adopted by
the City Council on September 5, 2007; it may create a potential nuisance and hazard.
Vacant properties in the City are constant law enforcement problems. These properties
can be a nexus for criminal activities such as burglary, vandalism, drug dealing,
prostitution, and arson. Also, these potentially hazardous environments have become
at times shelters for homeless persons. The project has avoided the problems typical of
vacant properties by consistently maintaining a secure and clean site since the issuance
of entitlements in compliance with Section 93.19.00 of the PSZC.
Additionally, undeveloped properties harm the aesthetics of surrounding neighborhoods.
The location of the Spanish Inn on a major thoroughfare of the City, a primary gateway
through which visitors are introduced to the historic architectures of the City, the
continuance of blighted conditions negatively affects the tourism industry_
Staff has concluded that the applicant has achieved limited adherence to the
development schedule. Based on the letter of request, staff has determined that the
request for a time extension is reasonable, if only barely so. Staff believes that an
extension would result in a better outcome than denying the request, shutting the
project down, and creating an abandoned site.
Lastly, the Engineering Department recommends the adoption of new Conditions of
Approval with regards to right-of-way vacation, Whitewater Mutual water lines, along
with updates on wording and the inclusion of Tribal Monitoring. The full enumeration of
the Engineering Conditions of Approval is found in Exhibit A attached to this report.
CONCLUSION:
Staff believes good cause has been demonstrated in the applicant's pursuit of moving
the project forward and is, therefore, recommending that the Planning Commission
recommend to the City Council approval of a one-year time extension for TTM 31104
and approve a one-year time extension for Case No. 5.1012-CUP / PD 300 until
September 7, 2008,
000027
Planning Commission Staff Report October 24,2007
Case 5,1012—CUP/TTM 31104/PD 300 Time Extension Page 5 of 5
ENVIRONMENTAL DETERMINATION:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the project is
Categorically Exempt per Section 15061(c) (General rule)-
,Oryan F�rnan&eZ`, --- _ Craig . E ing, AICP
%Assistant Pinner - Direct r of Planning rvices
Attachments:
1. Vicinity Map
2. Draft Resolution
3. Exhibit A: Revised Engineering Conditions of Approval
4. Letter of Request
RESOLUTION NO. 7070
A RESOLUTION OF THE PLANNING COMMIS I0 OF
THE CITY OF PALM SPRINGS, ""'C7Tt�V�_-
RECOMMENDING TO THE CITY COUNC -RO VAL` "� ._......
OF A ONE-YEAR TIME EXTENSION TO SEPTEMBinR :7, i, - - -
2008 FOR CASE NO. 5.1012—CUP / TTM 3110 . y
LOCATED AT 640 NORTH INDIAN CANYON DRIVE, ZONE
R-3, SECTION 11.
WHEREAS, Nejat Kohan (Applicant") has filed an application with the City pursuant to
Chapter 9.63.110 of the Palm Springs Municipal Code and Section 94.02.00(F) of the
Palm Springs Zoning Code for a one-year time extension to 5.1012—CUP /TTM 31104
to allow the continuation of an unused entitlement to convert 12 hotel rooms into
condominiums and the construction of eight additional condominiums.
WHEREAS, on October 24, 2007, the Planning Commission conducted a public
meeting on the matter; at which meeting the Commission has carefully reviewed and
considered all of the evidence presented in connection with the project, including, but
not limited to, the staff report, and all written and oral testimony presented; and
WHEREAS, Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the project is exempt per section 15061(c) (General rule)_
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends approval to the City Council a one year time
extension ending on September 7, 2008, subject to the Conditions of Approval for Case
Nos_ 5.1012—CUP /TTM 31104, as shown in Exhibit A.
ADOPTED this 14th day of November, 2007.
AYES: 5, Hutcheson, Ringlein, Marantz, Hochanadel and Cohen
NOES: 2, Scott and Caffery
ABSENT: None.
ABSTAIN: None.
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
ai w• g, AICP
Dirdsturof PlanniAgiservices
a0GO29
CP OF PALM SPRINGS
APPROVED BY PLANN NG CbMMiS510fi[ i
frrl
Case �' A � Dais I 1 0 Initial
I ` APA OV�DDB Y CRY COUNCIL I
Case# Date Wdal EXHIBIT A
Resolution# __ Ordinance Al ash,) . 5.1012--CUP /TTM 31104
APPROVAL SUBJECT TO ALL REQUIRED
CONDITIONS BY ABOVE BODIES Time extension
640 North Indian Canyon Drive
November 14, 2007
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PLANNING DEPARTMENT:
Project Specific
1. The Development Schedule shall be amended to read as follows:
Milestone Description Timeline Date
1. Approve street improvement plans related to the No later than
Movie Colony Traffic Calming Program November 7, 2007
2. Record Final Map and install street improvement No later than
tans February 7, 2008
3. All internal demolition 3 months after final
_ map
4. Apply for grading permits 6 months after final
map
5. Apply for building permits and submit 6 months after final
construction plans ma
6. Secure grading permits 1 year after final
map
7. Secure building permits 1 year after final
map
8. Complete construction 2 years after final
map
9. Certificate of Occupancy __ 3 years after final
_ ma
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PC Conditions of Approval November 14,2007
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2. Failure of the Applicant to comply with any one of the milestones as enumerated in
the Development Schedule will result in the immediate revocation of all entitlements,
including any time extensions in effect.
3. All other conditions associated with the project shall remain in full force and effect.
ENGINEERING DEPARTMENT:
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. Tentative Tract Map 31104 proposes a partial abandonment of the south half of
the existing right-of-way for Via Alta Mira and Granvia Valmonte adjacent to the
project site, to facilitate construction of new bay parking spaces along the
frontage. The Final Map should show abandonment of existing right-of-way
along both Via Alta Mira and Granvia Valmonte extending from the current right-
of-way to the curb line along the project frontages.
4. Abandonment of right-of-way is required to facilitate the proposed development
application. Required right-of-way abandonment shall be acknowledged on the
Final Map in accordance with Subdivision Map Act Section 66434(g). Prior to
approval of a Final Map, the applicant shall coordinate with each public utility
company and determine specific requirements as to the abandonment and/or
relocation of existing underground utilities that may exist within the public right-of-
way to be abandoned-
5- The applicant shall be responsible for the design and construction of the street
improvements required to implement the "Movie Colony Traffic Calming
Program" adopted by the City Council on June 15, 2005. The street
improvements have been conceptually outlined by the Engineering Division, and
will be made available to the applicant upon request_ The required street
improvements to implement the "Movie Colony Traffic Calming Program" are
generally listed within these conditions; however, additional requirements may be
added at the discretion of the City Engineer as street improvement plans are
prepared by the applicant for review and approval by the City Engineer. The
applicant is advised that not all required street improvements necessary to
implement the "Movie Colony Traffic Calming Program" are specifically listed
herein, and that off-site street improvements are required as a condition of this
development.
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6. The Engineering Division has estimated the total cost of the "Movie Colony
Traffic Calming Program" at approximately$362,000 with an estimated fair share
of$111,000 assigned to the proposed development. The applicant may request
to enter into a reimbursement agreement with the City that provides for
reimbursement to the applicant from other property owners subject to the "Movie
Colony Traffic Calming Program", as identified by the City. Reimbursement shall
be determined as the proportionate share of the cost of constructing the street
improvements, as approved by the City Engineer, and reimbursement shall be
made to the applicant as reimbursements are received, if any, in accordance with
the terms of the reimbursement agreement. The developer shall deposit $2,600
with the Engineering Division for costs associated with preparation of the
reimbursement agreement by the City Attorney, and shall be liable for all costs in
the preparation thereof.
7. Engineering Division recommends deferral of off-site improvement items related
to Indian Canyon Drive at this time due to lack of full improvements in the
immediate area. The owner shall execute a street improvement covenant
agreeing to construct all required street improvements related to Indian Canyon
Drive upon the request of the City of Palm Springs City Engineer at such time as
deemed necessary. A covenant preparation fee in effect at the time that the
covenant is submitted shall be paid by the applicant, and the covenant shall be
shall be executed prior to issuance of a certificate of occupancy.
INDIAN CANYON DRIVE
8. Dedicate an additional 20 feet to provide the ultimate half street right-of-way
width of 50 feet along the entire frontage, together with a property line - corner
cut-back at the northwest and southwest comers of the subject property in
accordance with City of Palm Springs Standard Drawing No, 105.
9. Remove the existing 8 inch curb and gutter located 26 feet east of centerline and
replace with an 8 inch curb and gutter located 38 feet east of centerline along the
entire frontage, with a 25 feet radius curb return and spandrel at the southeast
comer of the intersection of Indian Canyon Drive and Via Altamira and at the
northeast corner of the intersection of Indian Canyon Drive and Granvia
Valmonte, in accordance with City of Palm Springs Standard Drawing No. 200
and 206. This condition may be deferred to covenant, subject to approval of the
Director of Public Works.
10. Remove the existing curb return and spandrel at the southeast corner of the
intersection of Indian Canyon Drive and Granvia Valmonte, as necessary to
coordinate with the "Movie Colony Traffic Calming Program" street
improvements. This condition may be deferred to covenant, subject to approval
of the Director of Public Works.
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11. Construct an 8 feet wide cross gutter across the east leg of the Indian Canyon
Drive and Via Altamira intersection, and across the east leg of the Indian Canyon
Drive and Granvia Valmonte intersection, as necessary to coordinate with the
"Movie Colony Traffic Calming Program" street improvements, in accordance
with City of Pah-rr Springs Standard Drawing No. 200. This condition may be
deferred to covenant, subject to approval of the Director of Public Works.
12. Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the
proposed curb along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210. This condition may be deferred to covenant, subject
to approval of the Director of Public Works_
13. Construct a Type A curb ramp meeting current California State Accessibility
standards at the southeast comer of the intersection of Indian Canyon Drive and
Via Altamira and at the northeast corner of the intersection of Indian Canyon
Drive and Granvia Valmonte in accordance with City of Palm Springs Standard
Drawing No. 212. This condition may be deferred to covenant, subject to
approval of the Director of Public Works_
14. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an
alternative pavement section is proposed, the proposed pavement section shall
be designed by a California registered Geotechnical Engineer using "R" values
from the project site and submitted to the City Engineer for approval.
VIA CHICA
15. Dedicate an easement for sidewalk purposes as needed for those portions of
sidewalk located outside of the public right-of-way.
16. Remove the existing asphalt pavement, and construct full width street
improvements consisting of 2'/z inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, along Via Chica, from Via Altamira to Via Colusa,
in accordance with the "Movie Colony Traffic Calming Program". Street
improvements shall consist of a 20 feet wide, one-way southbound street, and 45
feet diameter traffic circles located at the intersections with Via Altamira and
Granvia Valmonte, and a 30 feet diameter traffic circle at Via Colusa. Standard
curb and gutter, wedge curb, or other approved street edge treatment shall be
constructed, as necessary to convey street surface drainage.
17. Proposed bay parking spaces along Via Chica adjacent to this project shall be
aligned as necessary to facilitate the one-way southbound direction of Via Chica.
PC Conditions of Approval November 14, 2007
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Perpendicular bay parking, as shown on Tentative Tract Map 31104, shall not be
allowed.
18. The proposed driveway entrance into the open parking_garage identified as
"Complex C" shail-i�rdve-a-minimum width of 24 feet, and shall be constructed of 6
inches of concrete, unless otherwise approved by the City Engineer, from the
garage structure to the edge of travel way on Via Chica. The proposed driveway
width of 20 feet is not approved.
VIA ALTAMIRA
19. Dedicate an easement for sidewalk purposes as needed for those portions of
sidewalk located outside of the public right-of-way.
20. Remove the existing asphalt pavement, and construct full width street
improvements consisting of 2'/z inches asphalt concrete pavement over 4 inches
crushed miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, along Via Altamira, from Indian Canyon Drive to
east of Via Chica, in accordance with the "Movie Colony Traffic Calming
Program". Street improvements shall consist of a 24 feet wide, two-way street,
and a 45 feet diameter traffic circle located at the intersection with Via Chica.
Standard curb and gutter, wedge curb, or other approved street edge treatment
shall be constructed, as necessary to convey street surface drainage.
21. Proposed bay parking spaces along Via Altamira adjacent to this project shall be
aligned as necessary to facilitate the two-way direction of Via Altamira. Bay
parking shall be aligned perpendicular to the travel way.
GRANVIA VALMONTE
22. Dedicate an easement for sidewalk purposes as needed for those portions of
sidewalk located outside of the public right-of-way.
23. Remove the existing curb and gutter and asphalt pavement, and construct full
width street improvements consisting of 2'/z inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, along Granvia Valmonte, from
Indian Canyon Drive to Via Chica, and along Valmonte Del Norte and Valmonte
Del Sur east of Via Chica, in accordance with the "Movie Colony Traffic Calming
Program". Street improvements shall consist of a 24 feet wide, two-way street,
and a 45 Feet diameter traffic circle located at the intersection with Via Chica.
Standard curb and gutter, wedge curb, or other approved street edge treatment
shall be constructed, as necessary to convey street surface drainage.
G0003
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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 Grading plan. The Precise Grading Plan shall be approved by the City
Engineer prior to issuance of grading permit.
a. 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 Tentative Tract
Map or site plan, a copy of current Title Report; and a copy of Soils Report.
29. Coordinate with Whitewater Mutual Water Company to determine relocation
requirements for the existing water lines and other facilities located within the
property if any_ The applicant shall be required to make appropriate
arrangements to protect in place or relocate the existing Whitewater Mutual
Water Company facilities that are affected by the development_ A letter of
approval from Whitewater Mutual Water Company for relocated or adjusted water
lines and other facilities shown on the Precise Grading Plan shall be submitted to
the Engineering Division prior to approval of the Precise Grading Plan.
30. 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.
31. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
32. 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_
33_ 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 Int�eynt
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PC Conditions of Approval November 14, 2007
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24. Proposed bay parking spaces along Granvia Valmonte adjacent to this project
shall be aligned as necessary to facilitate the two-way direction of Granvia
Valmonte. Bay parking shall be aligned perpendicular to the travel way.
SANITARY SEWER —-- - -- - -
25. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
26. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions
and Restrictions (CC&R's) required for this project.
27. The on-site private sewer system shall collect sewage from the development and
connect to the existing public sewer system with a standard sewer lateral
connection in accordance with City of Palm Springs Standard Drawing No. 405.
Sewer plans shall be submitted to the Engineering Division for review and
approval. Private on-site sewer mains for residential projects shall conform to
City sewer design standards, including construction of 8 inch V.C_P_ sewer main
and standard sewer manholes. 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
28, Submit a Precise Grading Plan prepared by a California registered civil engineer
to the Engineering Division for review and approval. A Fugitive Dust Control Plan
shall be prepared by the applicant and/or its grading contractor and submitted to
the Engineering Division for review and approval. The applicant and/or its
grading contractor shall be required to comply with Chapter 8.50 of the City of
Palm Springs Municipal Code, and shall be required to utilize one or more
"Coachella Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its contractor's
Fugitive Dust Control Plan shall be prepared by staff that has completed the
South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
Dust Control Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
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PC Conditions of Approval November 14, 2007
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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
34. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system. Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management Practices
(BMP's).
35. 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
(WS4"), 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, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development.
36. The project is subject to flood control and drainage implementation fees pursuant
to Resolution 14082. The acreage drainage fee at the present time is $9,212.00
per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a
building permit.
ON-SITE
37. For on-site bay parking in residential and commercial zones, paving material
shall be decorative paving, colored and/or patterned to relate to the overall
design in accordance with zoning Code 93.06-00 (C)(15)(e).
38. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete,
unless alternative materials meeting state and federal accessibility standards is
approved by the City Engineer.
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39. No structures shall be constructed within existing or proposed public utility
easements.
GENERAL
40. 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.
41. 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.
42. All proposed utility lines shall be installed underground.
43. 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.
44. 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
ay
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(AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
45. 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.
46. Nothing shall be constructed or planted in the comer 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.
47. 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
48, A Final Map shall be prepared by a Califomia registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Final Map
to the Engineering Division as part of the review of the Map. The Final Map shall
be approved by the City Council prior to issuance of building permits.
49. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related
to the Engineering Division's recommendations. The CC&R's shall be approved
by the City Attorney prior to approval of the Final Map-
50. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I-S_ data format shall be provided on a CDRQM/DVD containing the
following: ArcGIS Geodatabase, AreView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation
000039
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drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
51. In accordance with Section 66434 (g) of the Goverment Code, the portion of the
existing public right-of-way over Via Alta Mira between the south right-of-way line
and the south curb line; the portion of the existing public right-of-way over
Granvia Valmonte between the north right-of-way line and the north curb line;
and the portion of the existing public right-of-way over Via Chica between the
west right-of-way line and the west curb line may be abandoned upon the filing of
a Final Map identifying the abandonment of the rights-of-way granted to the City
of Palm Springs. Prior to approval of a Final Map, the applicant shall coordinate
with each public utility company and determine specific requirements as to the
abandonment and/or relocation of existing underground utilities that may exist
within the public easements to be abandoned. Prior to approval of a Final Map,
the developer shall provide to the City Engineer a letter of approval regarding the
proposed abandonment of public right-of-way and public utility easements from
each public utility agency.
TRAFFIC
52. The applicant shall relocate the existing City street lights along the Indian
Canyon Drive frontage behind the curb, as part of the widening of Indian Canyon
Drive required by this development. The relocated street lights shall have the
existing overhead power converted to underground service through installation of
underground conduits and pull boxes between the street lights located along the
Indian Canyon Drive frontage, subject to the review and approval of the City
Engineer. Prior to removal and relocation of existing street lights, contact the City
of Palm Springs Facilities Division for requirements related to the removal and
relocation of the affected street lights.
53. Submit traffic striping plans for Indian Canyon Drive, prepared by a California
registered civil engineer, for review and approval by the City Engineer. All
required traffic striping improvements shall be completed in conjunction with
required street improvements, to the satisfaction of the City Engineer, and prior
to issuance of a certificate of occupancy.
54. 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.
55. 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
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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.
56. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit_
END OF CONDITIONS
SPANISH INN, INC.
P.O. Box 2804
Palm Springs, CA 92263
Phone (760) 325-3700, Fax (760) 325-3702
Craig A. Ewing, AICP August 30, 2007
Director of Planning Services
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: .Request for Extension of Time
Dear Mr. Ewing:
In September of 2005 an approval was granted for the Spanish Inn reconstruction project. At
that time it was anticipated that we would be able to complete the construction within two years
of the date of the approval_ However, during that period of time we have faced a number of
problems, mostly unanticipated,that have dramatically delayed even issuance of the building
permit(which, as of now, still has not been issued).
Much of the delay relates to the Movie Colony Traffic Calming Program ("the Program") that
the City council conceptually approved it in June of 2005. As you are aware, this was simply a
broad idea with details not yet established. Everyone understood "details" would await further
evaluation. Three months later councils approved our project. Although the resolution that
granted the approval mentioned the Program, it still did not contain the "details"created over the
next several months. For example, the language of the resolution did not make it clear that
Spanish Inn was expected to assume the full up-front financial burden of the cost of the Plan.
Because we expected to be treated in good faith, such as sharing the cost with the adjacent
neighbors, Spanish hm did not appeal this term and cannot do so now.
For the past two years, Herculean efforts have been undertaken in order to obtain the
construction permit that would allow us to proceed with the project. We have engaged in an
ongoing battle facing uphill hurdles imposed by various City Departments during the design and
requirement process. Some of the specific difficulties we have encountered are as follows:
A_ Private or Public: whether the streets in the future would be public or private. It was
only in the past several weeks that this issue was resolved-
B. Maintenance: The Program never indicated who would be responsible for the
maintenance of the streets_ Again, only recently did the City agree that the streets will be re-
conveyed to the City for public use and agree to be responsible for the maintenance of the streets-
C. Engineering: The engineering aspects of the project were so complex and required so
many details, that the plans went through City plan check review five times since September of
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2005_ Just last month the Engineering Department requested more changes to the most recently
submitted plans_ To a significant degree these modifications were the result of changes proposed
by the City over the evolution of its evaluation of the project, not based on any omissions or
errors on the part of Spanish Inn.
D. Prevailing Wage: The imposition of a"prevailing wage"requirement was very recent.
This obviously will increase the cost of the project by up to 20 or 30 percent. Such an increase
was very unexpected and will have a dramatic financial effect on Spanish Inn.
E. Reimbursement-. Originally, the Conditions of Approval expressly indicated that
adjacent property owners would participate to reimburse the cost of the program through an
agreement with the City. Very recently the City advised that Spanish Inn may only recover a
portion of its cost from Colony Palms Hotel,while the other surrounding hotels and residences
are not obligated to contribute in the program. Even Colony Palms ignores our repeated requests
and letters to pay their share as required by their conditions of approval_ In effect, we are paying
for the benefits that should properly have been borne by the City. This disagreement is not yet
resolved because we do not believe it is just that we should be required to pay one hundred
percent of the financial obligation_
During the last two years Spanish Inn submitted the plans for building permits and received the
plan check comments, which we are currently ready to resubmit_ We also obtained some initial
permits for demolitions and utilities, which have been completed_ Furthermore,to date we have
spent over one &half million dollars ($1,500,000)for architectural, engineering and partial
renovation of the project including the design and engineering plans of this Traffic Program.
Given the delays we are requesting that the Council grant Spanish Jim a two-year extension in
which to file the final tract map and complete all aspects of the construction_ We also ask the
Council to revisit the issue of financial burden of the program. We believe it would be more than
fair for the City to grant us with all or a significant portion of$500,000 costs of the program,
which has been already communicated with the Community and Economic Development
Department in order to mitigate the effect of these conditions_ The increased City taxes that will
be generated during the construction process, as well as those relating to the operation of the
hotel and condominiums will make up more than the requested grant for this expense.
Trusting that the councils will give us a careful and fair consideration, we look forward to
receiving your affirmative response to our requests. Thank you for your anticipated consideration
of these requests and we look forward to discussing these issues further when we attend Council
meeting. We, of course, remain available to speak with your deputies to respond to any
questions you may want answered prior to the meeting.
Very truly yours,
Nejat Kohan,
Spanish Inn, Inc.
00601213
n .
SPANISH INN, INC.
P.O. Box 2804
Palm Springs, CA 92263
Phone (760) 325-3700, Fax (760) 325-3702
Craig A. Ewing, AICP November 29, 2007
Director of Planning Services
City of Palm Springs
3200 E- Tahquitz Canyon Way
Palm Springs, CA 92262
Re: Extension of Time for Traffic Calming Program
Dear Mr. Ewing:
I would like to inform you that the construction of Movie Colony Traffic Calming Program
has commenced November 13, 2007, one day before Planning Commission granted
three months time extension to complete the plan. For the last three weeks, work has
been continuing without interruptions making progress, up until this past week.
First, I want to thank the City inspectors, Michael Mott & Michael Lytar for their full,
sincere assistance and cooperation with me, our engineers and sub-contractor crew in
resolving the issues.
As I wrote to you and the Planning Commission; this is a very complex plan with
multiple details- Even though the Engineering aspects of the project went through City
Plan checks 8 times before approval, there are still significant problems and complaints
from the neighborhood. The problems have created changes and modifications during
current construction of the M.C. Plan. These change orders are beyond our power to
avoid delay in progress.
Additionally, because of the upcoming holidays and the traditional reduction of effort
during the December and January months, it is very unlikely that the Traffic Calming
Plan could be completed in three months- We wish to appeal to City Council to give us
six months to complete the Traffic plan and recording of final map. This 6 month time
schedule will give us reasonable time to do the quality job that everyone expects.
As we raised the issue repeatedly, it is totally unfair that we are required to assume
100% of the financial burden. Furthermore, now a significant extra cost will be needed
to implement the new modifications during construction of the Plan. Spanish Inn has no
open-ended offsite budget to cover all these additional costs.
Even though City required Colony Palms to contribute their share of$109,000 to the
Traffic Program, they totally ignored our requests to do so.
REWYED
NOV 29 2007 00004E
n tl
Who can justify that Spanish Inn should subsidize the cost of street improvement,
Curves, Gutters and Asphalt for all surrounding hotels & Club, i.e. Colony Palms Hotel,
Movie Colony Hotel, Indian manor& Palm Springs Club?
We request that 6 months extension be tolled for any number of days as such, that the
Plan might be held beyond our control such as Court Order injunction or City
Engineering review. .- -
Additionally, we are requesting financial assistance either by Grants or Room Tax Credit
so that the cost of this Traffic-plan can be reimbursed
Trusting that the Council will give us a careful and fair consideration, we look forward to
receiving your affirmative response to our request Thank you for your consideration of
this request and we look forward to discussing these issues further when we attend
Council meeting. We, obviously, remain available to speak with your deputies to
respond to any questions you may want answered prior to the meeting.
Very truly yours,
Nejat Kohan,
Spanish Inn, Inc.