HomeMy WebLinkAboutPC Resolution _4691RESOLI JTION NO. 4691
OF THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RECOMMENDING
APPROVAL TO THE CITY COUNCIL, SUBJECT TO THE
CONDITIONS STATED, TENTATIVE TRACT MAP NO.
28087 TO JAMES F. GOLDSTEIN OF EL DORADO
LIMITED PARTNERSHIP FOR A PROPOSED
TENTATIVE TRACT MAP TO SUBDIVIDE THE
EXISTING 377 SPACE ELDORADO MOBILE COUNTRY
CLUB FOR CONDOMINIUM PURPOSES. THE EL
DORADO MOBILE COUNTRY CLUB IS LOCATED ON
50.65 ACRES OF LAND AT 6000 EAST PALM CANYON
DRIVE, SOUTH OF BOLERO ROAD AND EAST OF
GOLF CLUB DRIVE, W-R-MHP AND R-MHP ZONES,
SECTION 29, AND MAKING FINDINGS IN SUPPORT
THEREOF.
WHEREAS, Mr. James F. Goldstein of EI Dorado Limited Partnership, (the "applicant")
has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60
for Tentative Tract Map No. 28087 for a proposed subdivision of the 377 space, 50.65 acre
El Dorado Mobile Country Club for condominium purposes, 6000 East Palm Canyon Drive,
W-R-MHP and R-MHP zones, Section 29; and
WHEREAS, said application was submitted to appropriate agencies as required by the
subdivision requirements of the Palm Springs Municipal Code, with the request for their
review, comments and requirements; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Applicant's application for Tentative Tract Map No. 28087 was given
in accordance with applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the
California Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal Code);
and
WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff
report has been served on the subdivider and the representatives of the El Dorado Mobile
Country Club Residents Association (representing the tenants) at least three days before the
Planning Commission public hearing; and
WHEREAS, on March 8, 2000, and continued to May 10, 2000, a public hearing on the
application for Tentative Tract Map No. 28087 was held by the Planning Commission in
accordance with applicable law; and
WHEREAS, the proposed Tentative Tract Map No. 28087 is considered categorically
exempt from the terms of the California Environmental Quality Act (CEQA) pursuant to
Section 15301 (Existing Facilities); and
WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has
considered the effect of the proposed subdivision, Tentative Tract Map No. 28087, on the
housing needs of the region in which Palm Springs is situated and has balanced these needs
against the public service needs of its residents and available fiscal and environmental
resources; the approval of the proposed subdivision represents the balance of these respective
needs in a manner which is most consistent with City's obligation pursuant to its police
powers to protect the public health, safety and welfare; and
WHEREAS, at the conclusion of its public hearing on March 8, 2000, the Planning
Commission recommended approval of Tentative Tract Map No. 28087 subject to the
findings herein and conditions as stated in Exhibit A; and
WHEREAS, 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. f
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds as follows:
In that the proposed condominium conversion does not contemplate any additional
development on the property or to alter the physical characteristics of the El Dorado
Mobile Country Club, the proposed subdivision is exempt from the provisions of
CEQA per Section 15301 (Existing Facilities).
Section 2: Pursuant to Section 9.62 of the Palm Springs Municipal Code, the California
Subdivision Map Act and Zoning Ordinance Section 9207.00, the Planning
Commission finds that:
a. The use applied for at the location set forth in the application is
properly one for which a Tentative Tract Map/Condominium
Conversion is authorized;
b. Pursuant to the Zoning Ordinance, a Tentative Tract Map facilitating
a condominium conversion is authorized by the City's Zoning
Ordinance within the R-MHP and W-R-MHP zones;
C. The use applied for is necessary or desirable for the development of
the community, is in harmony with the various elements or objectives
of the General Plan, and is not detrimental to existing uses or to
future uses specifically permitted in the zone in which the proposed
use is to be located;
d. The site for the intended use is adequate in size and shape to
accommodate said use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust said use to
those existing or permitted future uses of the land in the
neighborhood, and is in compliance with all applicable provisions of
Section 9207.00 of the Zoning Ordinance (Residential Mobile Home
Park Zone) and other applicable provisions of the Zoning Ordinance;
e. The use applied for will not adversely affect the City's housing stock;
and
f. The conditions to be imposed are deemed necessary to protect the
public health, safety and general welfare, including any minor
modifications of the zone's property development standards.
Section 3: Pursuant to Government Code Section 66473.5, the Planning Commission
finds that the proposed subdivision and the provisions for its design and
improvement are compatible with the objectives, policies and general land
uses and programs provided in the City's General Plan; and
Section 4: Pursuant to Government Code Section 65567, the Planning Commission
finds that the proposed subdivision and the provisions for its design and
improvements are compatible with the objectives policies and federal land
use provided in the City's local open space plan; and
Section 5: Pursuant to Government Code Section 66474, the Planning Commission
finds that with the incorporation of those conditions attached in Exhibit A:
a. The proposed map is consistent with the applicable general and specific plans.
Pursuant to the General Plan, the proposed subdivision map is consistent with the
density, goals policies and objectives for medium density residential development
applicable to the property in question.
b. The design or improvements of the proposed subdivision are consistent with the
General PIan.
The proposed subdivision map implements design strategies and policies as
referenced in the City of Palm Springs General Plan for medium density residential
development.
c. The site is physically suitable for the type of development contemplated by the
proposed subdivision.
The existing El Dorado Mobile Country Club was completed in 1971 as a 377 space
mobile home park with common recreational amenities on 50.65 acres of land and
was built in compliance with the development standards of Zoning Ordinance in
effect at the time for mobile home parks. With the recommended Conditions of
Approval specified in this Resolution, the subdivision meets all applicable
development criteria specified for the R-MHP and W-R-MHP zones in the Zoning
Ordinance.
d. The site is physically suitable for the proposed density of development
contemplated by the proposed subdivision.
The proposed subdivision is within a R-MHP and W-R-MHP zoning classifications
and designated M15 by the City of Palm Springs General Plan. According to the
General Plan, a medium density development not to exceed 15 units per acre should
be provided on the property. The existing mobile home park was constructed at a
density of approximately 7.44 dwelling units per acre, in compliance with the density
provisions of the General Plan. 0
e. The design of the subdivision or improvements is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their
habitat.
In that the site of the proposed condominium conversion is already developed and the
subdivision application does not contemplate any additional development on the
property, the application is exempt from the provisions of the California
Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities).
f. The design of the subdivision or improvements is not likely to cause serious
public health problems.
In conjunction with the application, the repair of on -site deteriorated asphalt areas
and curbing through an unsecured improvement agreement and requiring the gated
access on Bolero Road to be upgraded will be required to be addressed prior to
recordation of the final map. With these conditions in place, the design of the
subdivision or improvements is not likely to cause serious public health problems.
g. The design of the subdivision or the 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.
The project will not conflict with the existing traffic flow adjacent to the property
along East Palm Canyon Drive or Bolero Road or access to utilities required to serve
the subdivision and the immediate area.
h. A nexus or rough proportionality have been established for requirement of
dedication of additional right-of-way to the City or the off -site improvements as
related to the tentative tract map.
The off -site improvements, which are required by the Zoning Ordinance, are related
to the project to provide needed services and access for future residents of the site
and will benefit the public at large.
Within the Circulation Element of the City's General Plan, a 10I -foot wide half street
(44 feet from centerline to curb face and including a frontage road) is specified for
East Palm Canyon Drive across the project frontage. However, immediately adjacent
to the east and the west of the site are lands within the City of Cathedral City, where
a 55-foot wide half street right of way (without a frontage road) is specified for East
Palm Canyon Drive per the City of Cathedral City General Plan. Currently, the East
Palm Canyon Drive project frontage includes at 38-foot wide street section (from
centerline of street to face of curb) and a total half street right-of-way of 55 feet.
Adjacent properties within the City of Cathedral City on the north side of East Palm
Canyon Drive have a half street pavement width of approximately 44 feet within the
right-of-way. If required to be extended across the project frontage, an expansion to
the ultimate Palm Springs right-of-way standards could not physically serve to
benefit the public at large with an expanded right-of-way as specifically intended per
the City of Palm Springs General Plan. This is the only property within the City of
Palm Springs along East Palm Canyon Drive where such a situation could occur.
Conditions requiring the future street pavement expansion to 44 feet via covenant
will serve to provide a matching street section with adjacent properties in Cathedral
City for the future. Therefore, with this condition, the circulation goals, objectives
and policies of the General Plan would not be effected by this specific modification
to the right-of-way along East Palm Canyon Drive.
Conditions requiring repair or replacement of broken or off -grade curb, gutter and
pavement on East Palm Canyon Drive and Bolero Road are necessary to protect
pedestrians from trip and fall accidents along these streets.
Conditions requiring the developer to accept all flows impinging upon land into an
approved drainage structure is a "safeguard" condition for informational purposes.
The condition requiring the project to conform with Federal Emergency Management
Act (FEMA) and City of Palm Springs Flood Hazard Ordinance is again primarily
for informational purposes for the prospective condominium owners. The State of
California is responsible for administering these requirements to protect residents
from any potential flood hazards.
Conditions relating to the on -site pavement section standard provides a basis for an
all-weather, safe roadway condition that will prove durable and able to withstand
normal traffic conditions for a number of years.
Section 6: Pursuant to Government Code Section 66474.6, the Planning Commission
has determined that the discharge of waste from the proposed subdivision
into the existing sewer system will not result in a violation of existing
requirements prescribed by the Regional Water Quality Control Board; and
Section 7: Pursuant to California Subdivision Map Act Section 66427, 66451, 66452
and Palm Springs Municipal Code Section 4.08.130, the Planning
Commission has determined that the application was noticed in accordance
with all applicable provisions and will also require:
a. That each tenant and each person applying for the rental of a unit has
received all applicable notices and rights now or hereafter required by
Section 66427 and in Chapter 3 of the California Subdivision Map
Act (commencing with Section 66451); 0
b. That each tenant and each person applying for the rental of a unit
shall receive a 10 day written notice that an application for a public
report will be, or has been submitted to the Department or Real
Estate, and that such a report will be available upon request;
C. That each tenant shall receive a written notification within 10 days of
approval of a Final Map for the proposed condominium conversion;
d. Each of the tenants shall receive 180 days written notice of intention
to convert prior to the termination of tenancy due to the conversion
or proposed conversion; and
e. Each tenant of the proposed condominium shall be given notice of an
exclusive right to purchase his or her respective unit for terms
available to the general public or terms more favorable to the tenant.
This right shall run for a period of not less than 180 days from the
date of issuance of the subdivision public report pursuant to Section
11018.2 of the Business and Professions Code, unless the tenant gives
prior written notice of this or her intention not to exercise the right.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends approval Tentative Tract Map No. 28087, subject to those
conditions set forth in Exhibit A, on file in the Department of Planning and Building, which
are to be satisfied prior to recordation of a final map or the issuance of a Certificate of
Occupancy, unless other specified.
ADOPTED this 10th day of May , 2000.
AYES: Mills, Fontana, Caffery, Jurasky, Raya
NOES: Matthews
ABSENT:
ABSTAIN: Klatchko
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Planning Commission Chairman Pla'nn-i4eommission Secretary
N'!'WVLU BY PLANAIN4 LUMP10-
RESOLUTION NO. 46 A 1ly� "� �D&��� �� INitis
ApMVED SY CITY E8131I IL
EXHIBIT A Sou pde Initial,-----_
Tentative Tract Map No. 289W0fl # �9 • - Ordinme #
El Dorado Mobile Country Club PRflVAI 3f1f31ECT is Af"'
6000 East Palm Canyon Drive
May 10, 2000
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, 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.
The proposed development of the premises shall conform to all applicable regulations of the
Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and
resolutions which supplement the zoning district regulations.
la. The proposed development is subject to all applicable provisions of the California
Subdivision Map Act, including but not limited to, Government Code Sections 66427.1,
66427.5, 66428.1, 66451 and 66452, and evidence of compliance therewith shall be
submitted to the Director of Planning and Building, as required by law.
lb. 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
Tentative Tract Map No. 28087. 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 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 judgement or failure to appeal, shall not cause a waiver
of the indemnification rights herein.
K
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2. For purposes of establishing applicable space rental rates pursuant to Government Code
Section 66427.5, the "Map Act Rent Date" shall be the earlier of the close of escrow of
the 50" space or the passage of six (6) consecutive calendar months from the date of
issuance and delivery of the Final Public Report by the Department of Real Estate.
3. The subdivider shall comply with the rental rate increase provisions of Section
66427.5(dl and d2) of the California Subdivision Map Act, as follows:
— As to non -purchasing residents who are not lower income households, as defined
in Section 50079.5 of the Health and Safety Code, the monthly rent, including
any applicable fees or charges for use of any pre -conversion amenities, may
increase from the pre -conversion rent to market levels, as defined in an appraisal
conducted in accordance with nationally recognized professional appraisal
standards, in equal annual increases over a four-year period; and
-- As to non -purchasing residents who are lower income households, as defined in
Section 50079.5 of the Health and Safety Code, the monthly rent, including any
applicable fees or charges for use of any pre -conversion amenities, may increase
from the pre -conversion rent by an amount equal to the average monthly
increase in rent in the four years immediately preceding the conversion, except
that in no event shall the monthly rent be increased by an amount greater than
the average monthly percentage increase in the Consumer Price Index for the
most recently reported period.
4. The subdivider shall comply with the findings and recommendations of the Tenant
Impact Report prepared for the condominium conversion of the El Dorado Mobile
Country Club, including, but not limited to:
— The resident(s) will be given the choice to buy the space on which their
mobilehome is situated or to continue tenancy in the park pursuant to the
provisions of the Tenant Impact Report;
— Rent increases will be regulated in accordance with the provisions of Section
66427.5 of the California Subdivision Map Act and the Mobilehome Park
Residence Assistance Program (MPROP) regulation 8020;
— The subdivider shall not terminate any tenancies and existing leases or require
that the residents vacate the property, after the "Map Act Rent Date" (specified
above in Condition No. 2). Non -purchasing residents will not be required to
vacate their space and will have occupancy rights subject to the Lease or written
Rental Agreement, Mobilehome Residency Law and California Law, as
applicable, such that there will be no eviction displacement as a result of the
proposed subdivision;
The effective date of "Map Act Rents" (Section 66427.5 (dl and d2, specified
above in Condition No. 3) shall be that of the "Map Act Rent Date" (specified
above in Condition No. 2);
As part of the distribution of the Final Public Report, the leases and qualifying
information shall be simultaneously distributed and the residents shall have 180
days within which to make their election to purchase or to execute the new leases.
If the resident does not want to execute a lease but does want to continue renting
his/her space, then the resident may do so under a month -to -month or one-year
written rental agreement;
--� The right of first refusal shall be the passage of six consecutive calendar months
from the issuance and delivery of the Final Public Report by the Department of
Real Estate.
The subdivider shall comply will all future noticing requirement specified in the
California Subdivision Map Act, Section 66427.1, as follows:
— Each tenant and each person applying for the rental of a unit shall receive a 10
day written notice that an application for a public report will be, or has been
submitted to the Department or Real Estate, and that such a report will be
available upon request;
— Each tenant shall receive a written notification within 10 days of approval of a
Final Map for the proposed condominium conversion;
Each of the tenants shall receive 180 days written notice of intention to convert
prior to the termination of tenancy due to the conversion or proposed
conversion; and
Each tenant of the proposed condominium shall be given notice of an exclusive
right to purchase his or her respective unit for terms available to the general
public or terms more favorable to the tenant. This right shall run for a period of
not less than 180 days from the date of issuance of the subdivision public report
pursuant to Section 11018.2 of the Business and Professions Code, unless the
tenant gives prior written notice of this or her intention not to exercise the right.
6. To insure a fair and equitable establishment of the tentative price for the sale of each
proposed subdivided lot within the El Dorado Mobile Country Club, prior to the
effective date of conversion, the subdivider shall comply with all provisions in Sections
11010, 11010.9, and Chapter 6, of Article 12, commencing with Section 2970, of the
California Code of Regulations including, but not limited to, the obligation to notify each
homeowner or resident of the mobile home park of the tentative price of the proposed
subdivided interest to be sold, as required by Section 11010.9(a) of the Business and
Professions Code, disclosure of all conditions of the tentative price, as required by
Section 11010.9(b) and (c) of the Business and Professions Code, and to strictly comply
with each of the disclosure provisions specified in Section I1010(b)(1), (2), (3), (4), (5),
(6), (7), (8), (9), (10), (11), (12), (13) and (15) of the California Business and Professions
Code.
7. Non -purchasing residents of El Dorado Mobile Country Club shall be protected by the
provisions of Chapter 4.08 of the Palm Springs Municipal Code (Rent Control), until
such time of the "Map Act Rent Date", as defined in Condition No. 2.
8. All applicable original conditions of approval from Resolutions pertaining to the
development of the El Dorado Mobile Country Club are still in full force and effect.
9. The appeal period for Tentative Tract Map No. 28087 is 15 calendar days from the date of
project approval. Permits will not be issued until the appeal period has concluded.
10. 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 Building for
approval in a form to be approved by the City Attorney, to be recorded prior to issuance of
occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended
without City approval, shall require maintenance of all property in a good condition and in
accordance with all ordinances.
The applicant shall submit to the City of Palm Springs, an additional deposit in the amount of
$5,000.00, for the review of the CC&R's by the City Attorney.
11. The gated access on Bolero Road shall be upgraded to the satisfaction of the Director of
Planning and Building and the City Engineer. A site plan, landscape/irrigation plan and
all necessary gate information (i.e. the design, height, texture and color) shall be
submitted for review and approval of the Director of Planning and Building and the
City Engineer prior to recordation of the final map.
12. Provisions for repair of areas of deteriorated asphalt and curbing within the interior of
the project only shall be provided through an unsecured improvement agreement, to the
satisfaction of the Director of Planning and Building and the City Engineer, prior to
recordation of the final map.
13. If a third party (other than the tenant) buys a lot, the original tenant may continue to
rent from the third party, as long as such tenant wishes to remain a resident, and subject
to the rental rate limitation specified by Section 66427.5 of the California Subdivision
Map Act or Section 4.08.130 of the Palm Springs Municipal Code, as applicable.
14. Under no circumstances shall there be more than one mobile home per lot.
15. The property shall be maintained in accordance with Section 9319.00 of the Zoning
Ordinance.
16. The applicant shall provide all tenants with Conditions of Approval of this project.
17. "If at such time a formal "Agreement" or "Settlement Agreement" is reached between
the subdivider and tenants of the El Dorado Mobile Country Club that effects any of the
above referenced Planning Division Conditions of Approval for the subdivision,
including, but not limited to, the "Conversion Date (Map Act Rent Date)", the
establishment of "market rate" rent and the "sales price", said Agreement shall be
reviewed by the City Attorney and Director of Planning and Building for compliance
with all applicable sections of the California Subdivision Map Act, California
Government Code, Business and Professions Code and other applicable State or local
law and, if acceptable to the City Attorney and Director of Planning and Building,
supercede said conditions of approval".
17A. The terms and conditions of the existing Draft "Settlement Agreement" available at the
Planning Commission meeting of this date shall be distributed to the Homeowners
Association and all members thereof in a form that is capable of being accepted by the
parties prior to the time the City Council acts on the Tentative Tract Map. If not
accepted by both parties prior to City Council action, this condition shall be null and
void.
POLICE DEPARTMENT:
18. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code.
BUILDING DEPARTMENT:
19. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT:
The Engineering 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.
STREETS
1. The Engineering Department recommends deferral of off -site improvement ITEMS 2
thru 8, 11 and 21 at this time due to lack of full improvements in the immediate area.
The developer shall enter into a covenant agreeing to construct all mentioned
improvements along the entire frontage upon the request of the City of Palm Springs
City Engineer at such time as deemed necessary. The covenant shall be submitted with
the Final Tract Map. The Final Tract Map will not be approved until completion of the
covenant.
PALM CANYON DRIVE EAST
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
Minimum submittal shall include the following, IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
B. All agreements and improvement plans approved by City Engineer, IF
applicable.
C. Proof of processing dedications of right-of-way, easements, encroachment
agreements/licenses, covenants, reimbursement agreements, etc. required by
these conditions.
3. Construct an 8 inch curb and gutter,44 feet NORTHEAST of centerline along the
entire frontage of the subject property per City of Palm Springs Standard Drawing No.
200.
4. Construct an 8 foot cross gutter and spandrel at the intersection of PALM CANYON
DRIVE EAST (HWY. 111) and MAIN ENTRANCE with a flow line parallel to the
centerline of PALM CANYON DRIVE EAST (HWY. 111) in accordance with City
of Palm Springs Standard Drawing No. 200 and 206.
5. The driveway approach shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 205 and have minimum width of 32 feet to accommodate a
curb ramp.
6. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 210.
7. Construct a curb ramp meeting current California State Accessibility standards on both
sides of the MAIN ENTRANCE per City of Palm Springs Std. Dwg. Nos. 212 and
212A.
8. Remove and replace existing pavement with a minimum pavement section of 5 inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean
saw cut edge of pavement along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 355. The pavement section shall be designed,
using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for
approval. 0
9. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired
or replaced, or provided for via an improvement agreement, to the satisfaction of
the City Engineer.
BOLERO ROAD
10. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired
or replaced, or provided for via an improvement agreement, to the satisfaction of
the City Engineer.
GRADING
11. Drainage swales shall be provided adjacent to all curbs and sidewalks - Y wide and 6"
deep - to keep nuisance water from entering the public streets, roadways, or gutters or
provided for via an improvement agreement, to the satisfaction of the City
Engineer.
DRAINAGE
12. The developer shall accept all flows impinging upon his land and conduct these flows
to an approved drainage structure. 0
13. The owner shall notice all residents and prospective residents as part of the Final
Public Report to the Department of Real Estate that the southern two-thirds
approximately, of this property is in Federal Insurance Rate Map (FIRM) zone
AO(3) and shall conform to all of the FEMA and City of Palm Springs Flood
Hazard Ordinance requirements for this zone.
14. The elevation of the mobile homes in the AO (3) zone shall meet the requirements of
the State relative to mobile homes in a special flood hazard area and shall be revised
if necessary to conform to FEMA standards.
GENERAL
15. Nothing shall be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight distance
per City of Palm Springs Standard Drawing No. 203.
16. 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 per City of
Palm Springs Engineering specifications.
MAP
17. The 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
Department.
18. Developer shall provide tenant notification for subdivisions to be created from the
conversion of residential property into a condominium project in compliance with
Sections 66427.1 and 66452.3 of the Subdivision Map Act, as applicable.
19. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil
Engineer and submitted to the Engineering Department for review. Submittal shall be
made upon approval by City Council of the Tentative Map.
TRAFFIC
20. The developer shall provide a minimum of 48 inches of sidewalk clearance around all
street furniture, fire hydrants and other above -ground facilities for handicap
accessibility. The developer shall provide same through dedication of additional right-
of-way and widening of the sidewalk or shall be responsible for the relocation of all
existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances
located on the PALM CANYON DRIVE EAST (HWY. 111) frontage of the subject
property.
21. Construction signing, lighting and barricading shall be provided for on all projects as
required by City Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS
FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996,or
subsequent additions in force at the time of construction.
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