HomeMy WebLinkAbout5A OCRCITY COUNCIL STAFF REPORT
DATE: FEBRUARY 25, 2021 NEW BUSINESS
SUBJECT: ADMINISTRATIVE ANALYSIS AND CONFORMITY REPORT FOR A
PROPOSED 46-UNIT SINGLE-FAMILY DEVELOPMENT ON TRIBAL
TRUST LAND ON A 7.59-ACRE PARCEL AT THE SOUTHEAST CORNER
OF EAST TAHQUITZ CANYON WAY AND SOUTH HERMOSA DRIVE,
ZONE RA (RESORT ATTRACTION), SECTION 14 SPECIFIC PLAN
(CASE 5.1522).
FROM: David H. Ready, City Manager
BY: Development Services Department
SUMMARY:
Under the Tribal/City Land Use Review Agreement ("Agreement"), the City is to prepare
an Administrative Analysis and Conformity Report for proposed projects on reservation
lands owned by the Agua Caliente Band of Cahuilla Indians ("Tribe"). A proposal has
been submitted to construct a 46-unit single-family subdivision on an undeveloped parcel
owned by the Tribe, located at the southeast corner of E. Tahquitz Canyon Way and S.
Hermosa Drive. The proposed subdivision will include one and two-story residential units,
and will range from 1,886 to 2,646 square feet in area.
While the proposed development can be found to be generally consistent with the
development standards of the Section 14 Specific Plan, minor modifications to the project
are suggested to improve compliance with the City's General Plan. As the project is
generally consistent with City standards, staff is recommending to waive the joint meeting
of the City Council and Tribal Council in accordance with Section 7 of the Agreement.
RECOMMENDATION:
Adopt Resolution No. __ , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A
46-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON TRIBAL TRUST LAND
AT THE SOUTHEAST CORNER OF EAST TAHQUITZ CANYON WAY AND SOUTH
HERMOSA DRIVE; DIRECTING STAFF TO TRANSMIT THE REPORT TO THE TRIBAL
COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING
THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE
5.1522)."
5A ITEMNO. ___ _
2City Council Staff Report February 25, 2021 --Page 2 Case 5.1522 LAND USE COORDINATION AGREEMENT: The City and the Tribe entered into an Agreement on December 15, 1998 to facilitate an expedited process for the City to review and comment on development projects located on land owned directly by the Tribe. The Agreement identifies a schedule for project review; in accordance with the Agreement, the following schedule has been prepared: Item Timeline Reauired Proposed Timeline 1. Pre-Submittal N/A January 4, 2021 2. Submittal of Project 90 days prior to Tribal January 5, 2021 Report approval 3. Administrative Review CC review 30 days after February 25, 20211 submittal of Project Report 4. Conformity Report CC adopts within 30 days February 25, 20211 of receiving Administrative Review 5. Joint Meeting2 City and Tribal Councils March 25, 2021 within 30 days of adopting (Requested by staff to be Conformity Report waived) 6. Final Tribal Action 90 days after submittal of No sooner than April 5, Project Report 2021 1 The Administrative Review and adoption of the Conformity Report by the City Council may be consolidated into a single review per Section 7 of the Agreement. 2Joint meeting of the Tribal Council and City Council may be waived with the approval of both parties. Section 7 of the Agreement states that" ... with the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time and the normal process cannot be accommodated." As noted in the following sections of this report, the proposed project is generally consistent with the General Plan and Section 14 Specific Plan, and therefore staff would propose that a joint meeting of the City Council and Tribal Council is unnecessary. PROPOSED PROJECT: The project entails the development of a gated subdivision with 46 single-family detached residences on 7.59 acres of undeveloped land. The project will consist of one-and two-story homes, which will range between 1,886 and 2,649 square feet in area. Each home will have an enclosed two-car garage, with parking for two additional vehicles in the driveway. The residential lot sizes will range from approximately 5,000 square feet to 6,100 square feet. The project proposes a gated entrance on Hermosa Drive, with a secondary emergency access point also on Hermosa Drive. Interior private streets will
3City Council Staff Report February 25, 2021 --Page 3 Case 5.1522 be 25 feet in width; a total of 27 guest parking spaces will be provided within the development. While projects that are developed on Tribal Trust land are typically not subject to the City's impact fees, the Project Report states that the project will be conditioned to pay the standard development impact fees typically imposed by the City of Palm Springs. This will include sewer impact fees, public art fees, Quimby Act fees, TUMF fees, and school fees. In addition, the Project Report states that a Community Facilities District (CFD) will be formed, which will address the costs of providing City police and fire services. ANALYSIS -ADMINISTRATIVE REVIEW: The purpose of the Administrative Review is to determine the adequacy of police and fire safety services, and any other services of the City necessary for the project; any health, safety or welfare concerns; compatibility of the project with surrounding properties; and the fiscal impact of the project. The Project Report has been circulated to the Police, Fire, and Community & Economic Development Departments, as well as the Building Division and the Engineering Division. The following summary details the comments received from the various City departments: • Streets and Utilities: The adjacent streets (E. Tahquitz Canyon Way and S. Hermosa Drive) are fully paved and have adequate capacity to support the proposed development. Sanitary sewer facilities are available in the vicinity to service the proposed project. Recommended conditions of approval have been prepared to address technical compliance relative to both onsite and offsite improvements. • Public Safety: As noted in the Project Report, a CFD (Community Facilities District) will be formed to address the long-term costs of providing police and fire services for the subdivision. • Building Permit/Impact Fees: Tribal projects are exempt from permit review fees, as the Tribe conducts its own permit review process. While Tribal projects are typically exempt from the payment of impact fees, the Project Report notes that the project will be conditioned to pay the standard development impact fees typically imposed by the City of Palm Springs. • Taxes and Revenue: It is estimated that the project will generate approximately $118,000 to $150,000 annually in new property taxes to the City after all units have been sold. In addition, it is estimated that residents of the project will generate approximately $24,100 in new sales tax to the City on an annual basis. When measure J expires in 2037, this amount will decline to approximately $19,400 annually. With the project conditioned to pay the customary City impact fees, as well as the formation of a CFD to address public safety costs, the project will not have a significant impact on the provision of City services. Development of the project will result in a modest increase to the tax base, while assisting the City in meeting its housing goals.
4City Council Staff Report February 25, 2021 --Page 4 Case 5.1522 ANALYSIS -CONFORMITY REPORT: Per the Agreement, the Conformity Report shall detail the conformance of the project to existing City rules and regulations, and the compatibility of the project with surrounding properties. The following tables and discussion provide an analysis of the project relative to the requirements of the Section 14 Specific Plan and the Palm Springs Zoning Code (PSZC). I Site Area Net Acres I 7.59 Acres Surrounding Existing Land Use Existing General Existing Zoning Property Per Chapter 92 Plan Designation Designation Subject Property Undeveloped TRC (Tourist Resort RA (Resort Commercial) Attraction) North Hotel Use TRC (Tourist Resort RA (Resort Commercial) Attraction) South College Use HOR (High Density HR (Residential -Residential) High) East Undeveloped TRC (Tourist Resort RA (Resort Commercial) Attraction) TRC (Tourist Resort REO (Retail/ West Office Use Entertainment/ Commercial) Office) Existing Street Improvement Conditions Street Name Travel Lanes Curb & Gutter Sidewalk Tahquitz Canyon Way y y y Hermosa Drive y y y Pursuant to the Chapter 6 of the Section 14 Specific Plan and PSZC, the following d I tt dd I eveopmen s an an s appry: Standard Required/ Provided Compliance Allowed -· Min. Lot Size 5,000 SF 5,000 SF Y (with SP amendment) 1 Min. Lot Width 50 Feet 50 Feet Y (with SP amendment) 1 Min. Lot Depth 90 Feet 100 Feet Y (with SP amendment) 1
5City Council Staff Report February 25, 2021 --Page 5 Case 5.1522 Standard Min. Setbacks • Front -House • Front -Garage •Side •Rear Max. Lot Coverage Max. Building Height Perimeter Wall Height Required/ Allowed 15 Feet 20 Feet 6 Feet 15 Feet 45% 18 Feet/ 1 Story 6 Feet Provided Compliance 10 Feet Y (with SP 18 Feet amendment) 1 5 Feet 5 Feet 44.4%2 y 25'-5"/ Y (with SP 2 Stories amendment) 1 6 Feet y 1 The Project Report proposes that if the development were subject to City regulations, an amendment to the Section 14 Specific Plan would be required to bring the project into compliance. 2 The Project Report notes that lot coverage is averaged for the project. Pursuant to Section 4. 1. 2 of the Section 14 Specific Plan, the following density limitation r app,1es: Permitted Density Site Area Units Allowed Units Proposed Compliance Up to 30 Units 7.59 Acres 228 Units 46 Units y Per Acre1 1The Project Report proposes amending the land use designation from RA (Resort Attraction) to HR (High Density Residential) to allow for the proposed single-family development on the subject site. Pursuant to the Section 14 Specific Plan and PSZC Section 93. 06. 00, the following k. t d d I pari mg s an an s appry: Parking Requirement SF or# Parking Required Provided Use Handi-Handi-Comp. of Units Ratio Reg. Reg. cap cap Single-family 46 Units 2/unit 92 921 Residential Guest Parking 46 Units 1/4 units 12 27 TOTAL SPACES REQUIRED 104 119 y 1 Two additional parking spaces are provided in the driveway for each single-family unit; however, these are not counted towards meeting the parking requirement as specified in PSZC Section 93.06.00. Pursuant to Chapter 5 of the Section 14 Specific Plan, the following streetscape requirements shall apply:
6City Council Staff Report February 25, 2021 --Page 6 Case 5.1522 Streetscape Requirements Street Requirement Tahquitz Canyon • Minimum 9-foot wide sidewalk Way: with landscape buffer. Hermosa Drive • Add palm trees to maintain 60' intervals, as well as shade trees between the palm trees. • Pedestrian light fixtures required at 40' intervals. •Add street trees and landscape buffers where feasible. • Add pedestrian-scale lighting. • Install a Class Ill bicycle boulevard along the length of Hermosa Drive. Compliance Partial; the landscape plan depicts the addition of palm trees along the frontage, and shade trees within the landscape buffer area. Decorative light fixtures will be required; the existing sidewalk may need to be widened to accommodate the new palm trees and light fixtures while complying with ADA requirements. Partial; it is recommended that the proposed shade trees be placed adjacent to the sidewalk so as to provide adequate shade for pedestrians; pedestrian-scaled light fixtures will be required along the sidewalk. The Section 14 Specific Plan designation for the site is RA (Resort Attraction), which is intended for hotels and associated commercial uses; multifamily residential uses are allowed in the zone, but single-family residential uses are not. While the Specific Plan serves as a guiding framework for development on Tribal Trust lands, the Tribe is not bound by the development standards set forth therein. The Project Report suggests that a Specific Plan amendment may be warranted at a future date to change the land use designation of the subject site and adjacent parcels to the east from a commercial designation to a residential designation (HR -High Density Residential). This proposed change may be appropriate based upon recent changes to the hotel market, development patterns in the surrounding area, and the need to provide additional land for housing development in accordance with the Housing Element of the General Plan. Staff would initiate this change to the Specific Plan upon completion of other current projects. The proposed development is generally consistent with the development standards of the R-1-E (Single-Family Residential) zone relative to density, lot size, lot dimensions, and lot coverage. The proposed development includes two-story residential units, which are not permitted in single-family zones, but is consistent with the height limits specified in the Section 14 Specific Plan and the height of adjacent developments. Setbacks for the residential units also vary from the R-1-E development standards, but an 18-foot garage setback requirement is maintained so as to allow for driveway parking. The development will employ a shared-use easement along one of the side property lines, so as to
7City Council Staff Report February 25, 2021 --Page 7 Case 5.1522 maxImIze usable side yard space and maintain adequate separation between the residential units. The sidewalks and streetscape treatment along the Tahquitz Canyon Way and Hermosa Drive frontages will need to conform to the Section 14 Specific Plan requirements relative to tree type and placement, and pedestrian lighting requirements. Consideration should be given to the placement of the shade trees relative to the public sidewalks and seating areas, so as to provide adequate shade for pedestrians. The proposed development will be surrounded by a six-foot high perimeter wall. A 20-foot wide landscape buffer is proposed between the property line and the perimeter wall, which will include shade trees, low shrubs, limited turf along the Hermosa Drive frontage, and public amenities (small plaza with interpretive signage, seating areas, and an unfenced dog run). The perimeter wall will be offset so as to provide variety in the design and placement of the wall; however, these offsets will encroach into the landscape buffer area and reduce the depth of planted areas. It should be noted that there is no common open space within the development, and consideration should be given for some type of usable open space within the perimeter walls. In addition, it is recommended that pedestrian gates be provided in the perimeter wall, offering direct access for individual residents to the public sidewalk and amenities in the exterior landscape buffer area. The site plan shows that the development is intended to have vehicular gates; both the primary entrance/exit and the emergency access point will be on South Hermosa Drive. Policy CD 14.6 of the Community Design Element of the General Plan prohibits gated community entries; it is recommended that the vehicular gates be eliminated in accordance with the policies of the General Plan. ENVIRONMENTAL ASSESSMENT: A draft Environmental Assessment has been prepared by the Tribe for the project in accordance with the Tribal Environmental Policy Act (TEPA). The assessment analyzes the impacts of the project related to water resources, air quality, cultural resources, land use, transportation, noise, public safety, climate change, and other factors. Based on the analysis and proposed mitigation measures, the Project Report states that no adverse environmental impacts are anticipated. SUGGESTED CONDITIONS OF APPROVAL: The City has developed a set of suggested conditions of approval for consideration by the Tribe in its review of the project. These conditions are attached and made a part of this Conformity Report; they include recommendations for compliance with various City and State ordinances and regulations.
8City Council Staff Report February 25, 2021 --Page 8 Case 5.1522 CONCLUSION: The proposed development will generally be consistent with the development standards of the Section 14 Specific Plan upon adoption of proposed modifications to the Specific Plan by City staff. In addition to the suggested conditions of approval, staff would request that the Tribe consider the following modifications to the site plan: 1. Consider the elimination of the vehicular gates in accordance with Policy CD 14.6 of the Community Design Element of the General Plan; 2. Consider the addition of common open space within the project for use by residents of the development; and 3. Consider the addition of pedestrian gates in the perimeter wall for use by individual property owners within the development. SUBMITTED BY: Development Services Director --David H. Ready, Esq., Ph.D City Manager Attachments: A. Vicinity Map Marcus L. Fuller, MPA, P.E., P.L.S. Assistant City Manager B. Draft Resolution and Recommended Conditions of Approval C. Tribal/City Land Use Coordination Agreements D. VUE Palm Springs Project Report
9Legend ~Ste Department of Development Services Vicinity Map ·· D 500' Site Radius --·--Parcels CITY OF PALM SPRINGS Case No. 5.1522 APNS: 508-100-038 & 508-100-040
10RESOLUTION NO. --A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONFORMITY REPORT FOR A 46-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON TRIBAL TRUST LAND AT THE SOUTHEAST CORNER OF EAST TAHQUITZ CANYON WAY AND SOUTH HERMOSA DRIVE; DIRECTING STAFF TO TRANSMIT THE REPORT TO THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS; AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL COUNCIL (CASE 5.1522). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS: A. On December 15, 1998, the City Council of the City of Palm Springs ("City") and the Tribal Council of the Agua Caliente Band of Cahuilla Indians ("Tribe") entered into a Land Use Coordination Agreement which provides for City review and comment on projects outside of the Land Use Agreement of 1977, while retaining the Tribe's final approval and authority over projects on Tribal Trust Land. B. On February 3, 1999, the City and the Tribe amended the Land Use Agreement of 1977, which exempted all Tribal lands from the Land Use Agreement of 1977 subject to the aforementioned Land Use Coordination Agreement ("Agreement"). C. On October 17, 2018, the City and the Tribe adopted an Amended and Restated Land Use Contract ("Contract"), superseding all prior agreements relative to Allotted Trust Lands, and reaffirming the authority of the Tribe to establish, impose and enforce land use controls relative to Tribal Trust Lands. D. On January 5, 2021, the Tribe submitted a Project Report and draft Environmental Assessment to the City for "Vue Palm Springs," a 46-unit single-family development ("Project") on an undeveloped 7.59 acre site at the southeast corner of East Tahquitz Canyon Way and South Hermosa Drive (APN's 508-100-038 and -040). E. The Project Report was transmitted to the City for review and comment under the terms of the Agreement. In order to adhere to the review timeline specified by the Agreement, the City and the Tribe have agreed to a combined Administrative Review and Conformity Report in accordance with Section 7 of the Agreement. F. On February 25, 2021, the City Council conducted a public meeting and considered the matter, including the Project Report, the draft Environmental Assessment, the Administrative Review, the Conformity Report, related exhibits and studies, and public testimony. G. The City Council has concluded that the proposed Project is generally consistent
11Resolution No. Page2 with the goals and objectives of the Section 14 Specific Plan, as proposed for amendment, and the City of Palm Springs General Plan, such that it is " ... not deemed significant under the terms of the Agreement and such that certain procedures may be waived under Section 7 of the Agreement." THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Conformity Report, dated February 25, 2021, including the suggested conditions of approval contained in Exhibit A and attached and made a part thereto, is hereby approved and staff is directed to transmit the Conformity Report to the Tribe. SECTION 2. The following requirement for a joint meeting of the City Council and the Tribal Council to discuss the project (Case No. 5.1522), as outlined in the Agreement, is hereby waived: Section 5. Joint Meeting. "Within thirty (30) days (of the City Council's adoption of the Conformity Report), the Tribal Council and the City Council shall schedule a Joint Meeting to discuss the Conformity Report and whether any measures should be taken to make the project more conforming with the rules, regulations, and ordinances of both the City and the Tribe." ADOPTED THIS 25TH DAY OF FEBRUARY, 2021. ATTEST: Anthony J. Mejia, MMC City Clerk David H. Ready, City Manager
12Resolution No. Page3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, ANTHONY J. MEJIA, 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: IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this ___ day of _________ _ Anthony J. Mejia, MMC City Clerk
13RESOLUTION NO. ---EXHIBIT A Case 5.1522 -Conformity Report Southeast Corner of East Tahquitz Canyon Way and South Hermosa Drive APN's 508-100-038 and -040 February 25, 2021 RECOMMENDED CONDITIONS OF APPROVAL The recommended conditions below are provided by the Development Services Director, the Building Official, the Fire Chief, and the City Engineer or their designee, depending on which department recommended the condition. PLANNING DIVISION CONDITIONS PLN 1. Outdoor Lighting Conformance. It is recommended that exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. PLN 2. Water Efficient Landscaping Conformance. It is recommended that the project conform to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 3. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1 /2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the
14Conditions of Approval -Case #5.1522 February 25, 2021 Page2 property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. PLN 4. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). PLN 5. Impact Fees. The developer shall pay to the City or designated entity (e.g. Palm Springs Unified School District) all related impact fees, including, but not limited to, sewer and drainage fees, public art fees, and regional impact fees (TUMF). PLN 6. Maintenance and Repair. It is recommended that the property owner(s) and successors and assignees in interest shall maintain and repair the off-site improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. ENGINEERING DIVISION CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. It is recommended that any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required.
15Conditions of Approval -Case #5.1522 February 25, 2021 Page3 ENG2. ENG 3. ENG4. ENG 5. It is recommended that Master planned roadways shall be improved to the Final Section 14 Master Development Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein, or to alternative design standards proposed by the applicant and approved by the City. It is recommended that upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the Public Improvements constructed by the applicant. A copy of the Affidavit of Completion shall be provided to the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. TAHQUITZ CANYON WAY ENG6. ENG7. It is recommended the developer shall remove portions of the existing sidewalk as necessary to plant new Washingtonia filifera palm trees with tree wells along the Tahquitz Canyon Way frontage, at 60 feet spacing. New palm trees shall have a height consistent with other palm trees along Tahquitz Canyon Way in the vicinity, unless otherwise required by the Director of Planning. The applicant shall be responsible for installation of an irrigation system and for the perpetual maintenance of the new palm trees and other parkway landscaping along the Tahquitz Canyon Way frontage to the satisfaction of the City Engineer. It is recommended new or transplanted palm trees shall be subject to a one-year plant establishment period from the date of acceptance by the City Engineer. Any palm trees that fail during the one-year plant establishment period shall be replaced with a new palm tree of similar trunk diameter and height to the satisfaction of the City Engineer, and shall be subject to a subsequent one-year plant establishment period. The applicant shall ensure that adequate irrigation of new palm trees is provided during the
16Conditions of Approval -Case #5.1522 February 25, 2021 Page4 ENG 8. ENG 9. plant establishment period, until such time as the existing irrigation system is sufficient to irrigate the palm trees. It is recommended the applicant design and install an electrical system for installation of decorative light fixtures (12 feet to 15 feet tall) consistent with the existing decorative lighting system along Tahquitz Canyon Way, including banner supports and overhead pedestrian-level lighting on the sidewalk. The applicant shall furnish and install the decorative light fixtures, luminaries and supporting electrical system. The electrical system shall be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as approved by the City Engineer. The lighting system shall be installed and operational, and accepted for operation and maintenance by the City, prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced. HERMOSA DRIVE ENG 10. ENG 11. ENG 12. ON-SITE ENG 13. It is recommended the applicant design and install an electrical system for installation of decorative light fixtures consistent with the existing decorative lighting system along Hermosa Drive. The applicant shall furnish and install the decorative light fixtures, luminaries and supporting electrical system. The electrical system shall be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as approved by the City Engineer. The lighting system shall be installed and operational, and accepted for operation and maintenance by the City, prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. It is recommended that applicant remove and replace existing asphalt concrete pavement, curb, gutter and sidewalk as necessary to construct a 25 feet radius curb return, cross-gutter and spandrel on each side of the intersection of Hermosa Drive and Private Streets (Hayworth Way and Vue Place) in accordance with City of Palm Springs Standard Drawing No. 200, 206 and 214. It is recommended that all broken or off grade street improvements along the project frontage shall be repaired or replaced. It is recommended the minimum pavement section for all on-site pavement for private streets shall be 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches
17Conditions of Approval -Case #5.1522 February 25, 2021 Pages ENG 14. at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. It is recommended on-site private streets shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards. SANITARY SEWER ENG 15. ENG 16. ENG 17. ENG 18. GRADING ENG 19. It is recommended all sanitary facilities shall be connected to the public sewer system (via the proposed on-site private sewer system). New laterals shall not be connected at manholes. It is recommended 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. It is recommended the on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer plans shall be submitted to the Engineering Services Department 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. The project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $696.00 per acre. The fee shall be paid prior to, or concurrently with issuance of permits. It is recommended that in accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance
18Conditions of Approval -Case #5.1522 February 25, 2021 Page6 ENG 20. ENG 21. ENG 22. of Grading Permit, and immediately prior to commencement of grading operations (to be reviewed and administered by ACBCI). It is recommended that the temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading (to be reviewed and administered by ACBCI). It is recommended that this project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP) Meeting EPA standards (state requirements not required). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project-specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post-Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request (to be reviewed and administered by ACBCI). It is recommended that in cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (Revised -RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone (760)782-3271,(562)505-6415),Sonia.Oran@cdfa.ca.gov. WATER QUALITY MANAGEMENT PLAN ENG 23. It is recommended that this project shall 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 contaminated stormwater and non-stormwater runoff, shall 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 contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm
19Conditions of Approval -Case #5.1522 February 25, 2021 Page 7 ENG 24. DRAINAGE ENG 25. ENG 26. ENG 27. sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). It is recommended that a Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property ( or public streets) is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. An on-site retention basin and other storm drainage facilities approved by the City Engineer shall be required. It is recommended that this project shall 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 contaminated stormwater and non-stormwater runoff, shall 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 contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. It is recommended the applicant submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer.
20Conditions of Approval -Case #5.1522 February 25, 2021 Page8 ENG 28. GENERAL ENG 29. ENG 30. ENG 31. ENG 32. MAP ENG 33. It is recommended that all on-site storm drain systems shall be privately maintained by the Agua Caliente Band of Cahuilla Indians (ACBCI) Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. It is recommended that 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, Mission Springs Water District, 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. It is recommended that all proposed utility lines shall be installed underground. It is recommended that 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. It is recommended that 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. It is recommended the developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application. The
21Conditions of Approval -Case #5.1522 February 25, 2021 Page9 TRAFFIC ENG 34. ENG 35. ENG 36. ENG 37. annexation shall be completed by action of the city council in a public hearing, prior to processing a final map for approval. It is recommended a minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property. It is recommended that 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. It is recommended that stop signs, stop bars, and "STOP" legends be installed for traffic exiting the development in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction, as required by the City Engineer. It is recommended that construction signing, lighting and barricading shall be provided during all phases of construction 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 Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. FIRE DEPARTMENT CONDITIONS FID 1. FID 2. These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "T" Development Requirements. This building will require fire sprinklers.
22Conditions of Approval -Case #5.1522 February 25, 2021 Page 10 FID 3. FID 4. FID 5. FID 6. FID 7. Conditions of Approval -"Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. Access (CFC 503): Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 24 feet and an unobstructed vertical clearance of not less than 13'-6". Fire Department access roads shall have an all-weather driving surface and support a minimum weight of 73,000 lbs. Required access (CFC 504.1 ): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 2016 Editions, as modified by local ordinance. Smoke alarms shall receive their primary power from the building wiring provided that such wiring is served from a commercial source and shall be equipped with a battery backup. Smoke alarms with integral strobes that are not equipped with battery backup shall be connected to an emergency electrical system. Smoke alarms shall emit a signal when the batteries are low. Wiring shall be permanent and without a disconnecting switch other than as required for overcurrent protection. END OF CONDITIONS