HomeMy WebLinkAboutPC - RES NO 6922RESOLUTION NO. 6922
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF PALM SPRINGS, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL OF A CHANGE OF ZONE
APPLICATION FOR AN UNDEVELOPED 6.44-ACRE PARCEL
FROM SINGLE-FAMILY RESIDENTIAL R-1-D (7,500-SQUARE
FOOT LOT) TO R-1-E (5,000-SQUARE FOOT LOT); ADOPTION
OF A MITIGATED NEGATIVE DECLARATION PER CEQA; AND
A TENTATIVE TRACT MAP; TTM 38042 TO SUBDIVIDE THE
PARCEL INTO THIRTY-ONE (31) SINGLE-FAMILY
RESIDENTIAL LOTS LOCATED AT THE EAST TERMINUS OF
VERONA ROAD, ZONE R-1-D. (CASE NOS. 5.1527 CZ & TTM
38402)
THE PLANNING COMMISSION FINDS AND DETERMINES AS FOLLOWS:
A. Mark Temple, ("Applicant") has submitted applications with the City pursuant to
Chapter 94.07.00 of Palm Springs Zoning Code for a Change of Zone request to
change the current zoning designation of the subject parcel (see below) single-family
residential R-1-D (7,500-square foot lot) to R-1-E (5,000-square foot lot) and pursuant to
Chapter 9.62 of the City's Municipal Code for a tentative tract map (TTM 38042), to
subdivide a vacant 6.44-acre parcel into thirty-one (31) single-family residential lots for
the purpose of constructing new homes. The application includes the adoption of a
Mitigated Negative Declaration to meet the requirements of the California Environmental
Quality Act (CEQA). The project has been reviewed by the Riverside County Airport
Land Use Commission (ALUC) due to the lot's location at the north end of the Palm
Springs International Airport.
B. A notice of the public hearing for Cases 5.1527-CZ and TTM 38042 was given in
accordance with applicable law.
C. On July 14, 2022, the project was reviewed by the Riverside County Airport Land
Use Commission (ALUC) and was found consistent with the Airport Compatibility Plan
subject to conditions which have been incorporated in the final Conditions of Approval
as Attachment A.
D. On September 14, 2022, a public hearing on the proposed Change of Zone Case
5.1527-CZ and Tentative Tract Map; TTM 38042 was held by the Planning Commission
in accordance with applicable law.
E. The Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
Planning Commission Resolution No. 6922
Case -TTM 38042 & 6.1527-CZ
September 14. 2022
Page 2 of 6
F. The proposed project associated with the above applications ("Project") is
considered a "project' pursuant to the terms of the California Environmental Quality Act
(°CEQA°).
G. On March 29, 2022, the City issued a Notice of Intent (NOI) on the project
indicating that a draft Initial Study and Mitigated Negative Declaration had been
prepared and circulated to responsible agencies and interested groups and individuals
for a 20-day review and comment period. The comment period ran from April 1, 2022 to
April 20, 2022.
H. The Draft Initial Study and Mitigated Negative Declaration (MND) was prepared
to analyze and evaluate the potentially adverse environmental impacts that could result
from approval of the Project. The Initial Study/Mitigated Negative Declaration
determined that the implementation of mitigation measures (as attached with Conditions
of Approval) will result in the project not having a significant effect on the environment.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1:
Section 94.07.00(A) of the Palm Springs Zoning Code (PSZC) requires that the
following findings be made to justify a Change of Zone application. The Planning
Commission hereby finds as follows:
1. The proposed change of zone is in conformity with the general plan map and
report.
The requested change of zone is from R-1-D (7,500-square foot lot) to R-1-E (5,000-
square foot lot); the General Plan designation of the property is LDR (Low Density
Residential), which permits a density range of 4.1 to 6.0 dwelling units per acre. The
proposed change of zone would be in conformity with the general plan land use
designation given that the goal of the General Plan is to provide for neighborhood -
related residential uses in the area. The proposed change of zone is being made in
accordance with the procedures set forth in State Planning law and the change of zone
hearings are being held in accordance with applicable laws.
The proposed change of zone will not require an amendment to the General Plan
because the R-1-E zoning district is consistent with the LDR designation, which is for
low density residential uses. The proposed change of zone will result in the creation of
thirty-one (31) lots, which is consistent with the general plan for the low density of the
subject site allowing twenty-six (26) to thirty-eight (38) units at this site. The Tentative
Tract Map shows the street and parcel layouts with required water retention basins
resulting in the proposed thirty-one (31) lots with limit area to increase the number.
E
Planning Commission Resolution No. 6922 September 14, 2022
Case TTM 38042 & 5.1527-CZ Page 3 of 6
The City of Palm Springs General Plan provides a series of goals and objectives in the
Housing Element. The approval of the requested Change of Zone will further advance
the following:
• Goal HS1- Facilitate a broad range of housing types, prices, and opportunities to
address current and future housing needs in the community.
o HS1 — Provide adequate residential sites to accommodate new housing
through land use, zoning, and specific plan designations.
o HS1.4 - Review and revise development standards as available land
continues to diminish and housing demand increases, the City will need to
consider higher density housing opportunities, particularly on underutilized
land.
The proposed Change of Zone will allow for smaller lots and greater density housing as
stated in the General Plan goals and objectives.
2. The subject property is suitable for the uses permitted in the proposed zone, in
terms of access, size of parcel, relationship to similar or related uses, and other
considerations deemed relevant by the commission and council.
The application proposes thirty-one (31) lots each of which are conforming to the
minimum size and dimensional requirements for the R-1-E zone. The area in which the
subject 6.44-acre parcel is in the Gene Autry and Whitewater neighborhoods consisting
primarily of single-family residences and the proposed development is consistent with
the current development patterns. The development is served by the existing East
Verona Road which will be extended to meet the development and will be well
integrated into the fabric of the area. Therefore, the Commission concluded that the
property is adequate in size and consistent with surrounding development as
demonstrated by the new subdivision and suitable for the uses permitted in the
proposed zone.
3. The proposed change of zone is necessary and proper at this time and is not
likely to be detrimental to the adjacent property or residents.
The proposed Change of Zone of the approximately 6.44-acre parcel to R-1-E is proper
at this time given that the parcel has remained undeveloped. The proposed change will
allow the property to be developed appropriately and thereby help the City to meet its
stated housing goals and needs by increasing density. The proposed zone change will
not have adverse effects on existing and future surrounding land uses given that future
properties and existing homes to the west, north and south of the site are also
residential uses. The potential use of zero -lot line development will be separated from
adjacent land uses due to the physical location of the lot at the terminus of East Verona
Road and the existing Whitewater Channel. The change of zone request allows
consistency in development patterns and proposed uses that are similar to those in
adjacent parcels. The parcels to the south are currently undeveloped and by making
3
Planning Commission Resolution No. 6922 September 14, 2022
Case TTM 38042 & 5.1527-CZ Page 4 of 6
the Change of Zone at this time, future development patterns may .emerge that are
complementary and consistent with one another. For these reasons, the change of
zone is necessary and proper at this time and poses no detrimental impact on adjacent
properties.
Section 2
Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of California Subdivision
Map Act Section 66474, the Planning Commission finds as follows:
1. The proposed Tentative Tract Map or Tentative Parcel Map is consistent with all
applicable general and specific plans.
The Tentative Tract Map proposes the creation of thirty-one (31) single-family
residential lots ranging in size from 5,300 to 5,400-square feet in size. The General Plan
designation of the parcel is LDR; this designation allows low density residential
development ranging from 4.1 to 6.0 units per acre. If approved, the proposed tentative
parcel map will result in the potential development of thirty-one (31) single-family
residences at a density of 4.8 dwelling units per acre. The future use will meet the
density requirement for Low Density Residential (LDR) consistent with the General Plan
land use designation, and thus, this finding has been met.
2. The design and improvements of the proposed Tentative Tract Map or Tentative
Parcel Map are consistent with the zone in which the property is located.
Pursuant to Government Code Section 66473.5, the proposed subdivision is compatible
with the objectives, polices, and general land uses provided in the City's General Plan,
given that the thirty-one (31) proposed lots reflect the Low -Density Residential
designation of the General Plan. The subdivision will also be compatible with adjacent
existing single-family homes located to the west and zoned R-1-C (10,000-square foot
lots). The completion of the subdivision will result in the extension of East Verona Road
plus new internal streets with curbs and gutters and sidewalks. All future access points,
circulation and other improvements within the site will be subject to the Conditions of
Approval associated with TTM 38042.
3. The site is physically suited for this type of development.
The undeveloped parcel is physically suited for the creation of thirty-one (31) lots and
future development of detached single-family residences with an average lot size
ranging from 5,300 to 5,400-square feet. The 6.44-acre parcel is relatively flat and
adequate in size to accommodate the future thirty-one (31) residences, streets and on -
site water retention basin meeting all applicable development standards of the R-1-E
zone. Proposed conditions of approval will address all required site modifications
consistent with City Standards and will assure safe access to the existing public streets.
4
Planning Commission Resolution No. 6922 September 14, 2022
Case TTM 38042 & 5.1527-CZ Page 5 of 6
4. The site is physically suited for the proposed density of development.
The proposed thirty-one (31) lot subdivision will be on a 6.44-acre parcel; the lot sizes are
consistent with the allowable density of 4.1 to 6.0 dwelling units per acre in the LDR
General Plan designation. In addition, the R-1-E zone requires a minimum lot size of
5,000-square feet; the proposed lot sizes range between 5,300 to 5,400-square feet and
each lot is relatively flat and can accommodate a typical single-family dwelling.
5. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The site is currently ungraded with minimal vegetation. A complete environmental
analysis has been prepared and a Mitigated Negative Declaration determination has been
made relative to any potential environmental impacts. The CEQA (MND) analysis
reviewed impacts to the biological, cultural, traffic, greenhouse gas emissions, hydrology,
noise, utilities, and wildlife. The site has not been previously identified as a habitat area.
The design of the proposed subdivision as determined by the CEQA analysis will not
cause environmental damage or injure fish or wildlife or their habitat because it is an
infill lot that is not within any identified habitat or conservation area, therefore, there will
be no environmental damage as a result of the proposed tract map.
6. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the proposed subdivision meets and exceed City Standards and will include
connections to all public utilities including water and sewer systems. The extension of East
Verona Road as a public street with private internal roadways built to City standards will
provide access to the new lots. The subdivision will be ungated with pedestrian sidewalks
connecting the development to the adjacent neighborhood.
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 no known public easements across the subject property; therefore, the design of
the thirty-one (31) tract map will not conflict with easements for access through or use of
the property. Any utility easements can be accommodated within the project design.
Planning Commission Resolution No. 6922 September 14, 2022
Case TTM 38042 & 5.1527-CZ Page 6 of 6
THE PLANNING COMMISSION RESOLVES.
That the findings and determinations reflected above are true and correct and are
incorporated by this reference herein as the cause and foundation for the action taken
by and through this Resolutions. Based upon the foregoing, the Planning Commission
hereby recommend approvals to the City Council of the Change of Zone application
Case 5.1527-CZ and Tentative Tract Map (TPM 38042) application subject to the
conditions set forth in the attached Exhibit A.
ADOPTED THIS 14th DAY OF SEPTEMBER, 2022.
AYES: ERVIN, HIRSCHBEIN, MILLER, MORUZZI, ROBERTS, WEREMIUK
ABSENT: AYLAIAN
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Christopher Hadwin
Director of Planning Services
11
RESOLUTION NO.6922
EXHIBIT A
Cases: Change of Zone 5.1527-CZ & Tentative Tract Map 38042
Casa Verona
September 14, 2022
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, 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. Project Description. This approval is for the project described per Case TTM
38042 and 5.1527-CZ, except as modified the conditions below.
ADM 2. Tentative Tract Map. This approval is for Tentative Tract Map TTM 38042
located at easterly terminus of Verona Road with plans date stamped August
25, 2022, and on file in the Planning Division except as modified by the
conditions below. This approval shall be subject to all applicable regulations
of the Subdivision Map Act, the Palm Springs Municipal Code, and any other
applicable City Codes, ordinances and resolutions.
ADM 3. 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 4. Minor Deviations. The Development Services Director or designee may
approve minor deviations to the project description and approved plans in
accordance with the provisions of the Palm Springs Zoning Code.
ADM 5. 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 Change of Zone 5.1517-CZ & Tentative Tract Map 38042.
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
Planning Commission Resolution No. 6922
Case No. 5.1527 CZ / lTM 38042
September 14, 2022
either undertake defense of the matter and pay the City's associated legal
costs or will advance funds to pay for defense of the matter by the City
Attorney. If the City of Palm Springs fails to promptly notify the applicant of
any such claim, action or proceeding or fails to cooperate fully in the defense,
the applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs. Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following an adverse
judgment or failure to appeal, shall not cause a waiver of the indemnification
rights herein.
ADM 6. Time Limit on Approval. Approval of the Tentative Tract Map (TTM 38042)
shall be valid for two (2) years from the effective date of approval unless an
extension of time is granted by the Subdivision Map Act and or the Planning
Commission. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
ADM 7. 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. Permits will not be issued until the appeal period has
concluded.
ADM 8. 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).
ADM 9. 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
2
Planning Commission Resolution No. 6922
Case No. 5.1527 CZ / TTM 38042
September 14, 2022
commercial projects or 114% 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 the Public Arts Commission, and
the property owner shall enter into a recorded agreement to maintain the art
work and protect the public rights of access and viewing.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy or as determined by an approved
Development Agreement.
ENV 2. Mitigation Monitoring. In accordance with Section 15063 of the CEQA
Guidelines, the City of Palm Springs (Lead Agency) conducted an Initial
Study and determined that the proposed project could have a significant
effect on the environment. The Initial Study determined the project will not
have a significant effect on the environment because mitigation measures will
be implemented as listed below:
Biological Resources
BIO-1 If unavoidable project construction 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
3
Planning Commission Resolution No. 6922
Case No. 5.1527 CZ / TTM 38042
September 14, 2022
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
fledge the nest. Encroachment into the buffer shall occur only at the
discretion of the qualified biologist.
BIO-2 Prior to any ground or habitat disturbance associated with any Covered
Activity on a site that provides potential burrowing owl habitat, the
Covered Activity Proponent shall cause a pre -disturbance survey of the
site to be conducted for presence of the species.
1. Surveys and relocation, if applicable, shall be conducted between
September 1 and January 31. The Tribe and USFWS currently'are
working together to develop appropriate relocation protocols. It is
anticipated that these protocols will, at a minimum, reflect the
standards of the CDFG Staff Report on Burrowing Owl Mitigation
(1995, as summarized below).
2. Owls shall be excluded from burrows within the approved limit of
disturbance and an appropriate buffer zone as determined by a
Qualified Biologist by installing one-way doors in burrow entrances or
other technique as deemed appropriate by the Tribe. The biological
monitor must ensure through appropriate means (e.g., monitoring for
owl use, excavating burrows) that the burrows to be impacted are not
being used. If active relocation methods are employed, the destination
will be selected by the Tribe on a case -by -case basis to provide the
greatest long-term conservation potential for the species (regardless
of whether it is within the Action Area). Factors to be considered
include habitat characteristics, long-term viability, and the
presence/status of existing populations of this species on the
available sites based on available information or a site
reconnaissance by a Qualified Biologist. Artificial burrows will be
constructed at the receptor site under supervision of the Qualified
Biologist. Artificial burrows shall not be required for passive relocation
unless there is already conserved land immediately adjacent to the
parcel from which the owls will be passively relocated.
Occupied burrows shall not be disturbed during the nesting season
unless a Qualified Biologist verifies through non-invasive methods that
either the birds have not begun egg laying and incubation or juveniles
from the occupied burrows are foraging independently and capable of
independent survival.
M
Planning Commission Resolution No. 6922
Case No. 5.1527 CZ / TTM 38042
September 14, 2022
BIO-3 The Applicant shall pay the THCP Mitigation Fee prior to building
permit issuance.
Cultural Resources
CUL-1 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.
CUL-2 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 American 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 MILD would have 48
hours to access the site and make a recommendation regarding
disposition of the remains.
With incorporation of the above -mentioned mitigation measures, all project -related
impacts would be reduced to less than significant.
PLANNING DIVISION CONDITIONS
PLN 1. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
PLN 2. Update of City's Zoning Map. Upon approval of the proposed Change of
Zone, the applicant shall be responsible for costs associated with update of
the City's GIS based zoning maps.
PLN 3. Development Permit and Architectural Review. Proposed homes to be
reviewed by the Planning Commission and Architectural Review Committee
F7
Planning Commission Resolution No. 6922 September 14, 2022
Case No. 5.1527 CZ / TTM 38042
for final site plan, building elevations, and landscape plan.
PLN 4. Ungated Development. Casa Verona shall remain as an ungated community
within the Whitewater Club and Gene Autry Neighborhoods.
PLN 5. No off -site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 6. Pad Elevations. Final building pad elevations shall not vary more than 12
inches above or below the pad elevation established by the approved
preliminary grading plan and / or tentative map. Any deviations from this
provision shall require approval by the Planning Commission.
PLN 7. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Division which
shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
access into the proposed parcels. The approved documents shall contain
a provision which provides that they may not be terminated or
substantially amended without the consent of the City and the developer's
s u cces so r-i n-i me rest.
RIVERSIDE COUNTY AIRPORT LAND USE COMMISSION
ALUC 1 Any new outdoor lighting installed 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.
M
Planning Commission Resolution No. 6922
Case No. 5.1527 CZ / TTM 38042
September 14, 2022
(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, production of cereal grains, sunflower, and row crops,
composting operations, 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 nonresidential uses, and hazards to flight.
ALUC 3 The attached notice shall be given to all prospective purchasers and/or
tenants of the property and shall be recorded as a deed notice.
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,
7
Planning Commission Resolution No. 6922
Case No. 5.1527 CZ / TTM 38042
September 14, 2022
telephone number or other contact information of the person or entity
responsible to monitor the stormwater basin.
ALUC 5. Buildings shall be limited to a maximum top point elevation of 521 feet
above mean sea level, unless' Determination of No Hazard to Air
Navigation" letter authorizing a higher top point elevations has been
issues by the Federal Aviation Administration Obstructive Evaluations
Service.
ALUC 7. During initial sales of properties within the newly created subdivisions,
large airport related informational signs shall be installed and maintained
by the developer. These signs shall be installed in conspicuous locations
and shall clearly depict the proximity of the property to the airport and
aircraft traffic pattens. The ALUC overflights 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 and Compatibility Factors exhibit form the Palm
Springs International Airport Land Use Compatibility Plan.
FIRE DEPARTMENT CONDITIONS
FID 1. 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:
it
Planning Commission Resolution No. 6922 September 14, 2022
Case No. 5.1527 CZ / TTM 38042
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
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 (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.
FID 6. Fire Apparatus Access Roads: Detailed fire apparatus access roads shall
be submitted to the fire department for review and approval prior to
construction. Plans shall include certification from a Registered Professional
Engineer stating the roads are of all-weather construction and capable of
supporting fire apparatus weighing 73,000 lbs. G.V.W.
FID 7. Designated Fire Lanes: In private developments, designated fire lane shall
not be less than twenty-four(24)feet wide (curb face to curb face) with
no parking on either side and shall be identified as fire lanes with red
E
Planning Commission Resolution No. 6922
Case No. 5.1527 CZ / TTM 38042
September 14, 2022
curb(s), stating in white lettering "NO PARKING FIRE LANE", or by
approved signage, or by both red curb(s)with white lettering and signage.
FID 8. Grade for Fire Apparatus Roads: The grade of the fire apparatus access
road shall be within the limits established by the fire code official based on
the fire department's apparatus. No grade shall exceed 12%. Grade
transitions shall not exceed maximum angle of approach and angle of
departure based on the fire department's apparatus as determined by the fire
code official.
FID 9. Secondary Access Roads: A secondary access road shall be provided for
all developments with thirty (30) or more dwelling units.
FID 10. Dead-end Fire Apparatus Access Roads: Dead-end fire apparatus access
roads in excess of 150 feet in length shall be provided with approved
provisions for the turning around of fire apparatus. The City of Palm Springs
has two (2) approved turn around provisions. One is a cul-de-sac with an
outside turning radius of forty-five (45) feet from centerline; and the other is a
hammerhead turnaround meeting the Palm Springs Public Works
and Engineering Department standard dated 8/3/2016.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Services Department 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.
All Grading Plans, Improvement Plans, Required Studies and Documents listed below,
must be submitted to Engineering Services Department for review and approval.
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 48-hour inspection notification is required.
Planning Commission Resolution No. 6922 September 14, 2022
Case No. 5.1527 CZ / TTM 38042
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.
ENG 3. Asphalt concrete paving for streets prior to completion of on -site
construction activities, will require additional paving requirements prior to
acceptance of the street improvements, including, but not limited to:
removal and replacement of damaged asphalt concrete pavement,
overlay, slurry seal, or other repairs, as required by the City Engineer.
ENG 4. The public street improvements outlined in these conditions of approval
are intended to convey to the applicant an accurate scope of required
improvements, however, the City Engineer reserves the right to require
reasonable additional improvements as may be determined in the course
of the review and approval of street improvement plans required by these
conditions.
VERONA ROAD
ENG 5. Dedicate additional right-of-way to provide the ultimate half street right-of-
way width of 25 feet along the entire frontage.
ENG 6. Construct a 6 inch curb and gutter, 18 feet north of centerline along the
entire frontage in accordance with City of Palm Springs Standard Drawing
No. 200.
ENG 7. 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 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 six (6) feet south of centerline along the
entire frontage for a total pavement width of twenty four (24) feet 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
11
Planning Commission Resolution No. 6922
Case No. 5.1527 CZ / TTM 38042
September 14, 2022
"R" values from the project site and submitted to the City Engineer for
approval.
ENG 9. Install a redwood header along the new edge of pavement located 6 feet
south of centerline.
ENG 10. Remove and replace existing asphalt concrete pavement where required,
in accordance with applicable City standards.
ENG 11. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
LOTS B, C AND D ( INTERNAL PUBLIC STREETS)
ENG 12. Dedicate right-of-way of 50 feet and throughout the cul-de-sacs over Lot
"B", "C and "D°, together with property line - corner cut backs at the
northeast and southeast corners of the intersection of Lot "C" and Lot "D",
in accordance with City of Palm Springs Standard Drawing No. 105.
ENG 13. All on -site cul-de-sacs shall be constructed in accordance with City of
Palm Springs Standard Drawing No. 101.
ENG 14. Construct 6 inch curb and gutter, 18 feet from centerline along both sides
of the internal public streets, with 25 feet radius curb returns, curb ramps,
spandrels and cross gutters at all street intersections, in accordance with
City of Palm Springs Standard Drawing No. 200, 206, 213.
ENG 15. Construct driveway approach(es) in accordance with City of Palm Springs
Standard Drawing No. 201.
ENG 16. 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 17. 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,
along the entire street frontages 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
12
Planning Commission Resolution No. 6922
Case No. 5.1527 CZ / TTM 38042
September 14, 2022
California registered Geotechnical Engineer using T" values from the
project site and submitted to the City Engineer for approval.
13
SANITARY SEWER
ENG 18. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
ENG 19. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Services Department. The plan(s) shall be
approved by the City Engineer prior to issuance of any building permits.
ENG 20. All sewer mains constructed by the developer and to become part of the
City sewer system shall be digitally video recorded (Developer shall
contact City treatment plant facility for acceptable digital video format)
after construction and submitted to the City for review and a new video
prior to acceptance of the sewer system (when project has been
completed) for maintenance by the City. Any defects of the sewer main
shall be removed, replaced, or repaired to the satisfaction of the City
Engineer prior to acceptance.
ENG 21. Costs associated with design and construction of the off -site sewer
extension may be reimbursed, pursuant to a Sewer Construction Refund
Agreement approved by the City Council, in accordance with the policies
established by Resolution 13773, and amended by Resolution 15975.
Following completion and acceptance of the off -site sewer extension by
the City Engineer, if reimbursement is requested in writing by the
applicant, the applicant shall submit a formal request for preparation of a
Sewer Construction Refund Agreement and a $2,500 deposit for City staff
time associated with the preparation of the Sewer Construction Refund
Agreement, including City Attorney fees. The applicant shall be
responsible for payment of all associated staff time and expenses
necessary in the preparation and processing of the Sewer Construction
Refund Agreement with the City Council, and shall submit additional
deposits as necessary when requested by the City, which are included in
the amount that may be reimbursed to the applicant through the Sewer
Construction Refund Agreement. The Sewer Construction Refund
Agreement is subject to the City Council's review and approval at a Public
Hearing, and its approval is not guaranteed nor implied by this condition.
ENG 22. Upon completion of the construction of public sewer lines, an as -built
drawing in digital format shall be provided to the City as required by the
City Engineer, if the sewer was not constructed in accordance with the
original approved sewer plans.
GRADING
Conditions of Approval
TPM 38042 & 5.1527-CZ
Page 15 of 22
September 14, 2022
ENG 23. Submit a Precise Grading Plan prepared by a California registered Civil
engineer to the Engineering Services Department for review and approval.
The Precise Grading Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. 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.gov. A
Fugitive Dust Control Plan, in conformance with the Coachella Valley
Fugitive Dust Control Handbook, shall be submitted to and approved by
the Engineering Services Department prior to approval of the Grading
plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report; a copy of the project -specific Final
Water Quality Management Plan.
ENG 24. 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-
THPOaaguacaliente.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
15
Conditions of Approval
TPM 38042 & 5.1527-CZ
Page 16 of 22
September 14, 2022
construction, and to arrange payment of any required fees associated with
Tribal monitoring.
ENG 25. 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 26. 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 27. 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 28. 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 29. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or
gutters.
ENG 30. A Notice of Intent (NO]) 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 31. 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
124
Conditions of Approval
TPM 38042 & 5.1527-CZ
Page 17 of.22
September 14, 2022
copy of the up-to-date SWPPP shall be kept at the project site and be
available for review upon request.
ENG 32. 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 at the time of issuance of grading
permit for mitigation measures for erosion/blowsand relating to this
property and development.
ENG 33. 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 34. The applicant shall provide all necessary geotechnical/soils inspections
and testing in accordance with the Geotechnical/Soils Report prepared for
the project. All backfill, compaction, and other earthwork shown on the
approved grading plan shall be certified by a California registered
geotechnical or civil engineer, certifying that all grading was performed in
accordance with the Geotechnical/Soils Report prepared for the
project. Documentation of all compaction and other soils testing are to be
provided even though there may not be a grading plan for the
rp oiect. Prior to issuance of Building Permits.
ENG 35. The applicant shall provide Grading Certification for all building (or
structure) pads in conformance with the approved grading plan to the
Engineering Services Department for review and approval prior to
issuance of Building Permits.
ENG 36. 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.0ran@cdfa.ca.gov.
WATER QUALITY MANAGEMENT PLAN
ENG 37. This project shall be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES) Best
17
Conditions of Approval
TPM 38042 & 5.1527-CZ
Page 18 of 22
September 14, 2022
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.
ENG 38. 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.
ENG 39. Prior to issuance of any grading or building permits, the property owner
shall record a "Covenant and Agreement" with the County -Clerk Recorder
or other instrument on a standardized form to inform future property
owners of the requirement to implement and maintain the approved Final
Project -Specific Water Quality Management Plan (WQMP). Other
alternative instruments for requiring implementation of the approved Final
Project -Specific WQMP include: requiring the implementation of the Final
Project -Specific WQMP in Home Owners Association or Property Owner
Association Covenants, Conditions, and Restrictions (CC&Rs); formation
of Landscape, Lighting and Maintenance Districts, Assessment Districts or
Community Service Areas responsible for implementing the Final Project -
Specific WQMP; or equivalent. Alternative instruments must be approved
by the City Engineer prior to issuance of any grading or building permits.
DRAINAGE
ENG 40. All stormwater runoff across the property shall be accepted and conveyed
in a manner acceptable to the City Engineer and released to an approved
drainage system. Stormwater runoff may not be released directly to the
adjacent streets without first intercepting and treating with approved Best
Management Practices (BMPs).
ENG 41. 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.
ENG 42. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City
Engineer. For all stormwater runoff falling on the site, on -site retention or
18
Conditions of Approval
TPM 38042 & 5.1527-CZ
Page 19 of 22
September 14, 2022
other facilities approved by the City Engineer shall be required to contain
the increased stormwater runoff generated by the development of the
property. Provide a hydrology study to determine the volume of increased
stormwater runoff due to development of the site, and to determine
required stormwater runoff mitigation measures for the proposed
development. Final retention basin sizing and, other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the
final hydrology study. No more than 40-50% of the street frontage
parkway/setback areas should be designed as retention basins. On -site
open space, in conjunction with dry wells and other subsurface solutions
should be considered as alternatives to using landscaped parkways for
on -site retention.
ENG 43. The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $7287.76 per acre in
accordance with Resolution No. 15189. Fees shall be paid prior to
issuance of a building permit.
ENG 44. Submit storm drain improvement plans for all on -site storm drainage
system facilities for review and approval by the City Engineer.
�:7;d
ENG 45. 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.
ENG 46. All proposed utility lines shall be installed underground.
19
Conditions of Approval
TPM 38042 & 5.1527-CZ
Page 20 of 22
September 14, 2022
ENG 47. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts
or less and overhead service drop conductors, and all gas, telephone,
television cable service, and similar service wires or lines, which are on -
site, abutting, and/or transecting, shall be installed underground unless
specific restrictions are shown in General Orders 95 and 128 of the
California Public Utilities Commission, and service requirements published
by the utilities. The existing overhead utilities across the southerly
property line, meet the requirement to be installed underground. Utility
undergrounding shall extend to the nearest off -site power pole; no new
power poles shall be installed unless otherwise approved by the City
Engineer. A letter from the owners of the affected utilities shall be
submitted to the Engineering Services Department prior to approval of a
grading plan, informing the City that they have been notified of the City's
utility undergrounding requirement and their intent to commence design of
utility undergrounding plans. When available, the utility undergrounding
plan shall be submitted to the Engineering Services Department
identifying all above ground facilities in the area of the project to be
undergrounded. Undergrounding of existing overhead utility lines shall be
completed prior to issuance of a certificate of occupancy.
ENG 48. 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 49. 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 drawing filetype), DXF (AutoCAD ASCII
drawing exchange filetype), and PDF (Adobe Acrobat document filetype)
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 50. 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 51. 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 52. 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
20
Conditions of Approval
TPM 38042 & 5.1527-CZ
Page 21 of 22
September 14, 2022
MAP
installed in accordance with City of Palm Springs Standard Drawing No.
904.
ENG 53. 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.
ENG 54. 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 55. In accordance with Government Code Section 66411.1 (b), the Tentative
Parcel Map is a subdivision of five or more lots (parcels), and is subject to
construction of all required public improvements. Prior to approval of a
Parcel Map, all required public improvements shall be completed to the
satisfaction of the City Engineer, or shall be secured by a construction
agreement in accordance with Government Code Section 66462.
ENG 56. 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 57. 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.
21
Conditions of Approval
TPM 38042 & 5.1527-CZ
Page 22 of 22
September 14, 2022
ENG 58. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the proposed
development shall be replaced as required by the City Engineer prior to
issuance of a Certificate of Occupancy.
ENG 59. Install street name signs, stop signs, stop bars, and "STOP" legends as
necessary at all intersections in accordance with City of Palm Springs
Standard Drawing Nos. 620-625 and the California Manual on Uniform
Traffic Control Devices for Streets and Highways, dated January 13, 2012,
or subsequent editions in force at thetime of construction, as required by
the City Engineer.
ENG 60. 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 61. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
END OF CONDITIONS
22