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HomeMy WebLinkAbout24998I I RESOLUTION NO. 24998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS. CALIFORNIA, APPROVING CASE TTM 38049, TENTATIVE TRACT MAP. AND CASE 7.1645 AMM, ADMINISTRATIVE MINOR MODIFICATION, FOR THE SUBDIVISION OF A 2.53-ACRE LOT INTO EIGHT (8) SINGLE-FAMILY RESIDENTIAL PARCELS WITH THE LOT WIDTH OF 117 FEET INSTEAD OF THE CODE-REQUIRED 130-FOOT-M1NIMUM FOR LOT 4 AND LOT 8 FOR FUTURE DEVELOPMENT AT 2700 EAST ALEJO ROAD, SECTION 12. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY FIND AS FOLLOWS: WHEREAS, AG Land Investments, LLC, (the "Applicant") has filed Case 5.1521 General Plan Amendment (GPA), Case 5.1521 CZ Change of Zone (CZ), Case TTM 38049, Tentative Tract Map (TTM), and Case 7.1645 AMM Administrative Minor Modification (AMM) applications in accordance with Sections 94.07.00 (Change of Zone), 94.06.01 (Minor Modifications), and 9.60 (Subdivision of Land - General Provision) of the Plan Springs Zoning and Municipal Codes to subdivide a 2.53-acre undeveloped lot into eight (8) single-family residential lots for future development at 2700 East Alejo Road; and WHEREAS, the current General Plan land use and zone designations of the project site are 'Industrial' (IND) and 'M-1-P' (Planned Research and Development Park), respectively: and WHEREAS, the applicant has requested a General Plan Amendment (GPA) to change the land use designation from 'Industrial' (IND) to 'Very Low Density Residential' (VLDR); and WHEREAS, the applicant has requested a Change of Zone (CZ) from the current 'Planned Research and Development Park' (M-1-P) to 'Single-Family Residential' (R-1- C); and WHEREAS, the applicant has requested a Tentative Tract Map (TTM) to subdivide the existing 2.53-acre undeveloped lot into eight (8) single-family residential parcels; and WHEREAS, the applicant has requested an Administrative Minor Modification (AMM) to reduce the Code-required minimum lot width from 130 feet to 117 feet for Lot 4 and Lot 8; and I Resolution No. 24998 Page 2 WHEREAS, on February 23, 2022, a public hearing on Case 5.1521 GPA/CZ, Case TTM 38049, and Case 7.1645 AMU was held by the Planning Commission in accordance with applicable law; the Planning Commission voted 5-2 (Absent: Ervin & Moruzzi) to recommend approval to the City Council subject to conditions; and WHEREAS, on March 24, 2022, a public hearing on Case 5.1521 GPA/CZ, Case TTM 38049, and Case 7.1645 AMM was held by the City Council In accordance with applicable law; and WHEREAS, the proposed project Is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared for the project and all written and oral testimony presented; and WHEREAS, pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council finds that with the incorporation of the conditions attached in Exhibit A, the following findings are hereby made with respect to the Tentative Tract Map 38049: 1. The proposed Tentative Map Is consistent with applicable general and specific plans. With approval of the General Plan and Change of Zone applications, the project is consistent with the General Plan and Zoning Code. The density requirement for the VLDR designation area is 2.1 to 4.0 DU/Acre, while the project proposes one (1) single-family residential unit on each lot. The proposed lot sizes are 13,246 and 15,381 square feet, which meet the density requirement. The City Council is requiring that the approval of the TTM application to be contingent upon the approval of the General Plan and Change of Zone applications. The project site is not located within a specific plan area. 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. The proposed project meets the minimum lot size and dimensions requirements of the R-1^C Zone, with the exception of the lot width for Lot 4 and Lot 8. The applicant has submitted an AMM application to address the lot width issue, and the City Council is approving this TTM application to be contingent upon the approval of the Change of Zone and AMM applications. All street and other improvements are subject to the Conditions of Approval associated with TTM 38049. Hence, the project meets this finding as conditioned. I I I I I Resolution No. 24998 Page 3 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The proposed project is consistent with the General Plan density requirement, and the lot configurations meet the'zoning code requirements except for the lot width of two (2) parcels. AMM^approval is requested to address the lot width issue. The project proposes low-density residential development adjacent to a secondary thoroughfare, and it is compatible with the existing single-family residences immediately adjacent to the west. The project site is generally flat with topography that is consistent with other single-family home sites in the area. For the project to fully meet this finding, the City Council is requiring this TTIVI application to be contingent upon the approval of an AMM application. 4. The site is physically suited for the proposed density of development. The sizes of the proposed parcels are 13,246 and 15,381 square feet, while the applicable General Plan density requirement is 2.1 to 4.0 dwelling units per acre. The project proposes one (1) dwelling unit per lot and meets the applicable density requirement. 5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. An Initial Study was conducted as a part of this application review. Although the project site is surrounded by developed residential and commercial uses, nesting birds may exist amongst the sparse vegetation on site. To ensure that the project will not interfere with the nesting birds, the City Council requires a pre-construction nesting bird survey to be conducted by a biologist no more than 14 days prior to initiation of ground disturbance and vegetation removal activities (Condition ENV 1.). The mitigation measures will ensure the subdivision is not likely to cause environmental damage or substantially and avoidably injure other habitats. 6. The design of the subdivision ortype of improvements is not likely to cause serious public health problems. ^ The proposed subdivision is for a single-family residential neighborhood which will be built subject to the City zoning and development codes. The codes are designed and intended to prevent development projects from causing serious adverse health impacts on the site and its surroundings. The homes built on each lot will be required to connect to sewer, water, and other utility providers, to ensure the public health and safety is protected. Therefore, the project meets this finding. I Resolution No. 24998 Page 4 7. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or. use of the property within the proposed subdivision. There are ingress/egress and incidental purpose easement and public utility easement along the north side of the project site. Additionally, there is a 14-foot- wide public easement along the west property line of the project. The public easement is located in the proposed 25-foot front yard setback area where no structure is proposed. The easement will not interfere with the access or the use of the proposed subdivision. WHEREAS, the findings for an Administrative Minor Modification (AMM) request are outlined in Section 94.06.01(B)(3) (Minor Modifications) of the Palm Springs Zoning Code (PSZC), and the City Council finds as follows; and 1. The requested minor modification is consistent with the general plan, applicable specific plan(s) and overall objectives of the zoning ordinance. General Plan Amendment and Change of Zone applications have been filed in conjunction with this application. With the approval of the General Plan Amendment and Change of Zone applications, the project meets this finding. Therefore, the project meets this finding as conditioned. 2. The neighboring properties will not be adversely affected as a result of the approval or conditional approval of the minor modification; The proposed lot width reduction is requested for Lot 4 and Lot 8, the most southern lots that are adjacent to East Alejo Road only. The lot width reduction will provide additional distance from the adjacent property to the south, which is a city yard. Therefore, the project meets this finding. 3. The approval or conditional approval of the minor modification will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity; and The approval of the AMM application allows shorter lot width for Lot 4 and Lot 8, which would result in smaller lots compared to what would be if they were to be created in full conformance with the applicable development standards. Although no development plan has been submitted in conjunction with this application, all buildings will be required to be built to the Uniform Building Code, Zoning Code, and Fire Code. Therefore, the City Council finds that the approval of this AMM will not be detrimental to the health, safety, or general welfare of persons residing or working on the site or in the vicinity. I I I I I I Resolution No. 24998 Pages 4. The approval of the minor modification is justified by environmental features, site conditions, location of existing improvements, or historic deveiopment pattems of the property or neighborhood. Per General Plan, the lot size of VLDR land use designation area generally ranges between 8,500 square feet and 16,500 square feet (Palm Springs 2007 General Plan, page 2-5). If the project site were to be divided Into six (6) single-family residential lots instead of eight (8) for the sole purpose of meeting the lot width requirement, that would create lots averaging approximately 18,367 square feet In area. Such parcels will be significantly larger than the adjacent single-family residential parcels. Hence, the approval of this AMM application is justified by the historic development pattern of the site's vicinity. n ' r' ' THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS; SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference. SECTION 2. A Mitigated Negative Declaration (MND) has been completed In compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council finds that, with the Incorporation of mitigation measures, the implementation of the project will have a less than significant Impact on the environment. The City Council Independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflectsthe City Council's Independent judgment and analysis. Therefore, the City Council hereby adopts the MND for this Project. SECTION 3. That the City Council hereby approves Case TTM 38049, Tentative Tract Map, and Case 7.1645 AMM, Administrative Minor Modification, to subdivide a 2.53- acre lot into eight (8) single-family residential parcels with the reduced lot width of 117 feet instead of the code-required 130-foot-minimum for Lot 4 and Lot 8 for future development at 2700 East Alejo Road. Resolution No. 24998 Page 6 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 24th DAY OF MARCH 2022. Justin Clifton City Manager I ATTEST: Monique Lcmell, Interim City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, MONIQUE LOMELI, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24996 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 March 24,2022, by the following vote: AYES: Councilmembers Kors, Woods, Mayor Pro Tem Garner, and Mayor Middleton NOES: None ABSENT: None ABSTAIN: None RECUSED: Councilmember Holstege IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of . I Moniquef ^omeli, Interim City Clerk City of Rilm Springs, California I Resolution No 24998 Page 7 I I I RESOLUTION NO. 24998 EXHIBIT A Case 5.1521 GPA/GZ; Case 38049 TTM; Case 7.1645 AMM AG Land Investments, LLC 2700 East Alejo Road March 24, 2022 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, Development Services Director, Building Official, 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. ADMINISTRATIVE CONDITIONS ADM 1. Proiect Description. This approval is for the project described per Case 5.1521 GPA/CZ and Case 38049 TTM; except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 3. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, Its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1521 GPA/CZ, Case 38049 TTM, and Case 7.1645 AMM. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney, if the City of Palm Springs falls to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the Resolution No 24998 Page 8 foregoing, the City retains the right to settle or abandon the matter without the applicant's consent, but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 4. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 5. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. ADM 6. 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-iieu 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 property owner shall enter into a recorded agreement to maintain the artwork and protect the public rights of access and viewing; ADM 7. 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). I I I I I I Resolution No 24998 Page 9 ADM 8. The final development plans shall show eight (8) fesldential lots. RIVERSIDE COUNTY AIRPORT LAND USE COMWIISSION (ALUC) CONDITIONS: ALUC 1. Any new outdoor lighting shall be hooded or shielded to prevent either the spillage of lumens or reflection into the sky. Outdoor lighting shall be downward facing. ALUC 2. The following uses/activities are not included in the proposed project and shall be prohibited at this site: (a) Any use which would direct a steady light or flashing light of red, white, green, or amber colors associated with airport operations toward an aircraft engaged in an initial straight climb following takeoff or toward an aircraft engaged in a straight final approach toward a landing at an airport, other than an FAA-approved navigational signal light or visual approach slope indicator. (b) Any use which would cause sunlight to be reflected towards an aircraft engaged in an initial straight climb following takeoff or towards an aircraft engaged in a straight final approach towards a landing at an airport. (c) Any use which would generate smoke or water vapor, or which would attract large concentrations of birds, or which may otherwise affect safe air navigation within the area. (Such uses include landscaping utilizing water features, aquaculture, outdoor production of cereal grains, sunflower, and row crops, composting operations, wastewater management facilities, artificial marshes, trash transfer stations that are open on one or more sides, recycling centers containing putrescible wastes, construction and demolition debris facilities, fly ash disposal, and incinerators.), (d) Any use which would generate electrical interference that may be detrimental to the operation of aircraft and/or aircraft instrumentation. (e) Children's schools, day care centers, libraries, hospitals, nursing homes, and highly noise-sensitive outdoor nohresidential uses, and hazards to flight. (f) Highly noise-sensitive outdoor nonresidential uses. (g) Any use which results in a hazard to flight, including physical (e.g. tall objects), visual, and electronic forms of interreference with the safety of aircraft operations. Resolution No 24998 Page 10 ALUC 3. The attached "Notice of Airport In Vicinity" shall be provided to all prospective purchasers and occupants of the property and be recorded as a deed notice. In the event that the Office of the Riverside County Assessor-Clerk-Recorder declines to record said notice, the text of the notice shall be included on the Environmental Constraint Sheet (ECS) of the final map, if an ECS is otherwise required. ALUC 4. Any proposed detention basins or facilities shall be designed and maintained to provide for a maximum 48-hour detention period following the design storm and remain totally dry between rainfalls. Vegetation in and around the detention basins that would provide food or cover for birds would be incompatible with airport operations and shall not be utilized in project landscaping. Trees shall be spaced so as to prevent large expanses of contiguous canopy, when mature. Landscaping in and around the detention basin(s) shall not include trees or shrubs that produce seeds, fruits, or berries. Landscaping in the detention basin, if not rip-rap, should be in accordance with the guidance provided in ALUC "LANDSCAPING NEAR AIRPORTS " brochure, and the "AIRPORTS, WILDLIFE AND STORMWATER MANAGEMENT" brochure available at RCALUC.ORG which list acceptable plants from Riverside County Landscaping Guide or other alternative landscaping as may be recommended by a qualified wildlife hazard biologist. A notice sign, in a form similar to that attached hereto, shall be permanently affixed to the stormwater basin with the following language: "There is an airport nearby. This stormwater basin is designed to hold stormwater for only 48 hours and not attract birds. Proper maintenance is necessary to avoid bird strikes". The sign will also include the name, telephone number or other contact information ofthe person or entity responsible to monitor the stormwater basin. ALUC 5. The ALUC overflight informational brochure shall be provided to prospective purchasers showing the locations of aircraft flight patterns, the frequency of overflights, the typical altitudes of the aircraft, and the range of noise levels that can be expected from individual aircraft overflights, as well as Compatibility Factors exhibit from the Palm Springs Airport Land Use Compatibility Plan. I I I I I I Resolution No 24998 Page 11 ALUC 6. The project does not propose rooftop solar panels at this time. However, If the- project were to propose solar rooftop panels In the future, the applicant/developer shall prepare a solar glare study that analyzes glare impacts, and this study shall be reviewed by the Airport Land Use Commission. CC&R's ADM 1. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approvai in. a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shail not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. ADM 2. At the time of fiiing of the CC&R's, the applicant shall submit to the City of Paim Springs, a deposit in. the amount of $4,008, for the review of the CC&R's by the City Attomey. An additional filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources ADM 3. Given that portions of the project area are within an ailuviai formation-, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a. Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including ciearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shail notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shail prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caiiente Cultural Resource Coordinator for approval. b. Two copies of any cuitural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Resolution No 24998 Page 12 ENVIRONMENTAL ASSESSMENT CONDITIONS ENV1. If unavoidable project cohstructlon activities must begin during the nesting bird season (February 1st through August 31st), a pre-construction nesting bird survey shall be conducted no more than 14 days prior to initiation of ground disturbance and vegetation removal activities. The nesting pre- construction bird survey shall be conducted by a biologist familiar with identification of avian species known to occur in Riverside County. The nesting bird survey shall be conducted on foot inside the project boundary, including a 300-foot buffer for passerines (song birds) and 500-foot buffer for raptors in areas of suitable habitat. Inaccessible areas will be surveyed using binoculars to the extent practical. If nests are found, an avoidance buffer (dependent upon species, the proposed work activity, the existing disturbances associated with land uses outside of the site) shall be determined and demarcated by the biologist with bright orange construction fencing, flagging, construction lathe, or other means to mark the boundary. If a raptor nest is observed in a tree proposed for removal, the applicant must consult with CDFW. All construction personnel be notified of the existence of the buffer zone and to avoid entering the buffer zone during nesting season. No ground disturbing activities shall occur within this buffer area until the avian biologist has confirmed the breeding/nesting is completed and the young have fledged. Encroachment into the buffer shall occur only at the discretion of the qualified biologist. Focused surveys for burrowing owl shall be conducted by a qualified biologist and in accordance with California Department of Fish and Wildlife (CDFW) guidelines (THCP Section 4.8.4.2(g)) ENV 2. The applicant shall pay the THCP (Tribal Habitat Conservation Plan) Valley Floor Planning Area Fee as required by the THCP. ENV 3. If buried cultural materials are discovered during the earth-moving operations, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds and, if necessary, develop a treatment pan in consultation with the City of Palm Springs and the appropriate Native American tribes. ENV 4. In the unexpected event human remains are uncovered during construction activities, all construction work taking place within the vicinity of the discovered remains must cease and the necessary steps to ensure the integrity of the immediate area must be taken. The County Coroner must be notified within 24 hours of the discovery of human remains, if the remains discovered are determined by the coroner to be of Native American descent, the coroner shall contact the Native Arnerican Heritage Commission (NAHC) within 24 hours. The NAHC would in turn contact the Most Likely Descendant (MLD) would determine further action to be taken. The MLD would have 48 hours to access the site and make a recommendation regarding disposition of the remains. I I I I I I Resolution No 24998 Page 13 ENV 5. Prior to issuance of a Grading Permit, the applicant shall obtain written approval to proceed with construction from the Los Coyotes Band of Cahuilla and Cupeno Indians and Agua Caliente Band of Cahuilla Indians. Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordination scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENV 6. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City In the form of a money order or a cashier's check pavable to the Riverside Countv Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfq.ca.Qov for more information. ENV 7. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment. ENV 8. Long Term Soil Stabilization and Dust Control. Those portions of the site that are to be graded, cleared, and grubbed of natural vegetation for the installation of the solar panel structures shall be provided with a long-term soil stabilization program acceptable to the City of Palm Springs to control wind borne dust and particulates. This may be either an overlay of gravel at sizes of 3/4" or larger or other equivalent means as approved by the Dust Control Management Division of the City Public Works Department. ENV 9. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. Copies of any cultural resource documentation (report and site records) generated in connection with this project shall be submitted to the Agua Caliente Band of Cahuilla Indians. Resolution No 24998 Page 14 ENV10. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground-disturbing activities. a). A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be fon/varded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. PLANNING DEPARTMENT CONDITIONS PLN 1. Approval of Case 5.1521 CZ (Change of Zone) shall be contingent upon the approval of Case 5.1521 GPA (General Plan Amendment), Case 38049 TTM (Tentative Tract Map), and Case 7.1645 AMM (Administrative Minor Modification). PLN 2. Approval of Case 38049 TTM (Tentative Tract Map) shall be contingent upon the approval of Case 5.1521 GPA (General Plan Amendment) and Case 5.1521 CZ (Change of Zone). PLN 3. Approval of Case 5.1521 GPA/CZ and Case 38049 TTM shall be contingent upon the approval of Case 7.1645 AMM. PLN 4. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. PLN 5. The street address numbering/lettering shall not exceed eight inches in height. PLN 6. Tentative Tract Maps shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. I I I I I Resolution No 24998 Page 15 PLN 7. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. PLN 8. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. PLN 9. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown, and all disturbed areas shall be fully restored or landscaped. PLN 10. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. PLN 11. The applicant shall provide written notice to all buyers of the adjacent land uses and noise impacts in a recordable form to be approved by the City Attorney at the City Attorney's reasonable discretion. In the event the CC&Rs are not required or proposed for the project, the requirement of the CC&Rs shall be removed from the required conditions or not be required. ENGINEERING DEPARTMENT CONDITIONS Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. 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-t6-48-hour inspection notification is required. ENG 2. 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. I Resolution No 24998 Page 16 ALEJO ROAD ENG 3. Construct a 6-inch curb and gutter, 32 feet north of centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the northeast corner of the intersection of Alejo Road and Juanita Road and remove and replace the existing curb return and spandrel located at the northwest corner of Alejo Road and Commercial Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 4. Remove and replace the existing 6 feet wide cross gutter at the intersection of Alejo Road and Juanita Road and the intersection of Alejo Road and Commercial Road with a flow line parallel with and located 32 feet north of the centerline of Alejo Raod in accordance with City of Palm Springs Standard Drawing No. 200 and i206. ENG 5. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 6. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Alejo Road and Juanita Road in accordance with City of Palm Springs Standard Drawing No. 212. ENG 7. Remove and replace the existing curb ramp at the northwest corner of Alejo Road and Commercial Road and construct a Type A curb ramp meeting current California State Accessibility standard in accordance with City of Palm Springs Standard Drawing No. 212. ENG 8. Construct pavement with a minimum pavement section of 3 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. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. I I I I I I Resolution No 24998 Page 17 ENG 9. Remove and replace existing asphalt concrete pavement where required, In accordance with applicable City standards. ENG 10. All broken or off grade street Improvements along the project frontage shall be repaired or replaced. COMMERCIAL ROAD ENG 11. Upon development of lots 5 thru 8, the developer shall construct a driveway approach with access to Commercial Road In accordance with City of Palm Springs Standard Drawing No. 201. ENG 12. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 13. Construct a Type C curb ramp meeting current California State Accessibility standards on the south side of the existing driveway approach for APN#507-380-018 in accordance with City of Palm Springs Standard Drawing No. 214. ENG 14. All broken or off grade street improvements along the project frontage shall be repaired or replaced. JUANTA ROAD ENG 15. Construct a 6-inch curb and gutter. 12 feet east of centerllne along the entire frontage to join-existing Improvements located at the north property line In accordance with City of Palm Springs Standard Drawing No. 200. ENG 16. Upon development of lots 1 thru 4, the developer shall construct a driveway approach with access to Juanlta Road In accordance with City of Palm Springs Standard Drawing No. 201 ENG 17. Construct an 8 feet wide meandering sidewalk behind the curb along the entire frontage In accordance with City of Palm Springs Standard Drawing No. 210. ENG 18. Construct pavement with a minimum pavement section of 3 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. (Additional pavement removal and replacement may be required upon review of existing Resolution No 24998 Page 18 pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. ENG 19. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 20. All broken or off grade street improvements along the project frontage shall be repaired or replaced. SANITARY SEWER ENG 21. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING ENG 22. Submit a Rough Grading Plan prepared by a California registered civil engineer to the Engineering Services Department 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 Services Department 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 Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.aov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. I I I I I I Resolution No 24998 Page 19 a. The first submlttal of the Rough Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report. ENG 23. Prior to approval of a Grading Plan (or Issuance of a Grading Permit), 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 ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI- THPO@aauacailente.net 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. ENG 24. 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 of Grading Permit, and immediately prior to commencement of grading operations. ENG 25. 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. ENG 26. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 27. Prior to issuance of grading permit, the applicant shall provide verification to the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP. ENG 28. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. Resolution No 24998 Page 20 ENG 29. A Notice of Intent (NOl) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009)- is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 30. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). 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. ) ENG 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 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 Services Department with the first submittal of a grading plan. ENG 33. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Eiiglneering Services Department for review and approval. I I I Resolution No 24998 Page 21 I ENG 34.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. DRAINAGE I ENG 35. The applicant shall accept and convey all stormwater runoff across the property and conduct the runoff to an approved drainage system. On-site retention may be allowed on that portion of the property where historically, stormwater runoff is conveyed. The incremental increase of stormwater runoff due to development of the property shall be retained on-site to the satisfaction of the City Engineer. ENG 36. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $10.311.99 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL I ENG 37. 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. ENG 38. All proposed utility lines shall be installed underground. ENG 39. The record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the Resolution No 24998 Page 22 time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 40. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 41. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2015 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 by the City Engineer. ENG 42. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Services Department 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. ENG 43. 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. ENG 44. 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 ENG 45. 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 annexation shall be completed by action of the city council in a public hearing, prior to processing a final map for approval. I I I I I I Resolution No 24998 Page 23 ENG 46. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department 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 Services Department as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. ENG 47. Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete. TRAFFIC ENG 48. 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. ENG 49. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development shall be replaced as required by the City Engineer prior'to issuance of a Certificate of Occupancy. ENG 50. Submit traffic striping and signage plans for Alejo Road from Commercial Road to Juanita Road, prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to release of any securities for the project. ENG 51. Install traffic striping and signage improvements to match existing striping located on Alejo Road adjacent to the project. Submit traffic striping and signage plans to the City Engineer for review and approval. Resolution No 24998 Page 24 ENG 52. 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. ENG 53. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS FID1. 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. FID 2. 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. FID 3. 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. FID 4. Plans and Permits (CFC 105.1): Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM - 6:00 PM, Monday - Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council.. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be I I I I I Resolution No 24998 Page 25 UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 5. Access During Construction (CFG 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 ibs. FID 6. Required access (CFG 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. FID 7. Residential Smoke Alarms Required: Shall be interconnected so that operation of any smoke aiarm or fire sprinkler flow switch causes all smoke alarms within the dwelling & guest house to sound and activate the exterior horn/strobe FID 8. 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. END OF GONDITIONS I