Loading...
HomeMy WebLinkAboutPC Resolution _4999- Case 5.0975- CUP & VAR 6.4723RESOLUTION NO. OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO 5.0975-CUP AND 6.473 VARIANCE -- AN APPLICATION BY PALM SPRINGS, MARQUIS, LLC. FOR A CONDITIONAL USE PERMIT TO ALLOW 86 VACATION OWNERSHIP UNITS, POOLS, SPAS AND UNDERGROUND PARKING, THE VACATION OF A 20' PORTION OF THE NORTH HALF OF THE ARENAS ROAD RIGHT OF WAY BETWEEN CALLE ENCILIA AND CALLE EL SEGUNDO, AND A VARIANCE TO SECTIONS 92.05.03 AND 93.04.00 OF THE ZONING ORDINANCE, TO ALLOW A 10 FOOT SIDEYARD SETBACK, ON 1.71 ACRES, LOCATED AT THE SOUTH EAST CORNER OF CALLE ENCILIA AND ARENAS ROAD, R4-VP-IL ZONE, SECTION 14. vmr-mr-AS, Happy Valley LLC, (the "Applicant") filed an application with the City pursuant to Sections 92.06.00, (R-4-VP zone), 94.02.00 (Conditional Use Permits) and 94.06.00 (Variance) of the Zoning Ordinance for a conditional use permit to allow 86 vacation ownership units, pools, spas, underground parking and the vacation of a 20' portion of the Arenas Road right of way, and a Variance to allow a 10 foot side yard setback, on 1.71 acres, on APN# 508-082-005, located at 190 Calle Encilia South, Zone R-4-VP, Section 14; and WHEREAS, the project is subject to Section 93.15.00 of the Zoning Ordinance, the time share ordinance for the purposes of this section, a "time-share project" is one in which time-share rights or entitlement to use or occupy any real property or portion thereof has been divided as defined in Section 3.24.020(7) of the Palm Springs Municipal Code into twelve (12) or more time periods of such rights or entitlement; and WHEREAS as the applicant has applied for a variance to Section 92.05.03 of the Zoning code, the R4-VP side yard setback standards and Section 93.04.00 of the Zoning Code, the High-rise buildings setback standards; and WHEREAS, Section 92.05.03 of the zoning code, the R4-VP zone, requires a 20 side yard setback and the applicant proposes a 10' side yard setback; and WHEREAS, Section 93.15.00 of the Zoning Ordinance, the High -Rise building ordinance, requires a 1.5:1 setback for the north property line, for a 52.5' setback and the applicant proposes to provide a 43.6' setback, and therefore the applicant has requested a 10, variance to the side yard setback; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider these applications was issued in accordance with applicable law; and WHEREAS, on December 17, 2003, January 14, 2004, and March 24, 2004, a public hearing on the application for Conditional Use Permit 5.0975-CUP and Variance 6.4723 was held by the Planning Commission in accordance with applicable law; 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. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA). Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the Planning Commission finds that: a. The use applied for at the location set forth in the application is properly one for which a Conditional Use Permit is authorized by the City's Zoning Ordinance. Pursuant to Section 92.06.00 of the Zoning Ordinance, vacation ownership use is a conditionally permitted use in this R-4-VP zone. b. The said use 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 it to be located. The project structure is a vacation ownership use which is consistent with other visitor serving uses in the vicinity. The function of providing additional visitor accommodations is in harmony with the objectives of the General Plan and is not detrimental to existing uses or future uses permitted in the zone in which the project is located. C. The site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, wall or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The site, though substandard in area, is adequate in size and shape to accommodate such use. Conditions of approval have been associated with the Conditional Use Permit. in order to conform more fully with present standards of development. The applicant has applied for a variance to Section 92.05.03 of the Zoning code, the R4-VP side yard setback standards and Section 93.04.00 of the Zoning Code, the High-rise buildings setback standards. Pursuant to Section 92.05.03 of the zoning code, the R4-VP zone, requires a 20 side yard setback and the applicant proposes a 10' side yard setback. Pursuant to Section 93.15.00 of the Zoning Ordinance, the High -Rise building ordinance, requires a 1.5:1 setback for the north property line, for a 52.5' setback and the applicant proposes to provide a 43.6' setback, and therefore the applicant has requested a 10' variance to the side yard setback. The project exceeds parking requirements for hotel uses, which are similar in nature to timeshare uses. 3. The granting of the variance will not be materially detrimental to the public health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which subject property is situated. The proposed construction of this development will allow the City to provide needed visitor overnight accommodations, consistent with other development in Section 14. The variance will not be materially detrimental to the pubic health, safety, convenience, or welfare or injurious to property and improvements in the same vicinity and zone in which this property is situated. 4. The granting of such variance will not adversely affect the General Plan of the City. The proposed use is consistent with the H43/30 General plan designation of the site and therefore granting of this variance would not adversely affect the General Plan of the City. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 5.0975 and Variance 6.472, and recommends that the City Council find the vacation of the north 20' Arenas Road right of way, between Calle Encilia and Calle El Segundo, consistent with the General Plan, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 24th day of March, 2004. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA I - swc��� Chai an of the Planning mmission Secretary o e Planning Commission R?KDyED EY PLANNIAG COMMIS5A Mg S Det@ Adtq Inttl812JA�L jkPPF OVD BY CITY CQUNCAL . . RESOLUTION NO. EXHIBIT A vWn Ordinmoe 9_ CASE NO 5.0975-CUP AND 6,473 VARIANCE APUrrMAI MOW 10 ALL RFOUIRIM PALM SPRINGS MARQUIS, LLC U107M11ONS BY ABOVE PA -:c 180 CALLE ENCILIA SOUTH R4-VP-IL ZONE, SECTION 14. MARCH 24, 2004 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. PROJECT SPECIFIC CONDITIONS Administrative 1. 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. 2. The project is subject to Section 93.15.00 of the Zoning Ordinance, the time share ordinance for the purposes of this section, a "time-share project" is one in which time-share rights or entitlement to use or occupy any real property or portion thereof has been divided as defined in Section 3.24.020(7) of the Palm Springs Municipal Code into twelve (12) or more time periods of such rights or entitlement. 3. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0975-CUP. 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 4. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 5. Pursuant to Fish and Game Code Section 711.4 a fling fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the foram of a money order or cashier's check payable to Riverside County. 6. 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 Peeing being 112% for 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 Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the artwork and protect the public rights of access and viewing. 7. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Planning Commission. 8. A variance reducing the north setback from 20' to 10' and reducing the high-rise building north setback from 52'-6" to 43'-6' are hereby approved. 9. This project shall be subject to requirements for annual payments of a financial impact mitigation fee. CC&R's 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 Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 11. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 12. The CCR's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, and on Arenas Road. Said FE& disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. 13. The required CC&R's for the project shall include a provision that day use of on -site pool and recreation areas by timeshare owners and other individuals not currently staying at the facility shall be prohibited. Cultural Resources 14. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 15. Given that portions of the project area are within Section 14, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground - disturbing activities. a). Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Cafiente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 16. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. The project shall include decorative street lighting along all street frontages. The final location and design shall be subject to review and approval by the Planning Commission of the final landscape plans. 17. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance e of a building permit. If lights are proposed to be mounted on buildings, down -lights shall b- utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS The following provisions are code requirements which are listed for convenience purposes only. They are not inclusive of all municipal and zoning code requirements. 15. Architectural approval and the conditional use permit shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Once constructed the conditional use permit runs with the land. 16. The appeal period for a Conditional Use Permit and Variance application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. IT The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 18. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 19. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 20. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 21. All materials on the flat portions.of the roof shall be earth tone in color. 22. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 23. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 25. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 26. The street address numbering/lettering shall not exceed eight inches in height. 27. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 28. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 29. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 30. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 31. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 32. 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. 33. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 34. Loading space facilities shall be provided in accordance with Section 9307.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. 35. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 36. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 37. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00. C.10. 38. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 39. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 40. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 41. The project is subject to Section 93.15.00 of the City's Zoning Ordinance and all provisions of the Palm Springs Municipal Code regarding time share uses for the life of the project. 42. No time-share units shall be offered for sale or sold until there is a valid final subdivision public report for the sale of such timeshare rights or entitlement issued by the Department of Real Estate of the State of California. A copy of the final public report shall be provided to the City by the applicant. 43. Prior to issuance of building permits, the applicant shall provide a detailed time- share management program, including, but not limited to all methods to guarantee adequacy, stability, and continuity of a first class level of management (including sales/marketing) and maintenance of the time-share component of the project. The detailed program shall be submitted to and approved by the Director of Planning and Zoning. POLICE DEPARTMENT 44. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 45. Prior to any construction on -site, all appropriate permits must be secured. FIRE 46. Reserve the right to comment upon the project during plan check process. ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 47. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 48. 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 building permits. CALLS ENCILIA 49. Remove the existing curb and gutter and construct a 30 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the proposed driveway approach shall be located approximately 150 feet north of the centerline of Arenas Road, in accordance with the approved site plan. 50. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 51. Construct a Type A curb ramp at the northeast corner of Calle Encilia and Arenas Road opposite the existing curb ramp at the northwest corner of Calle Encilia and Arenas Road in accordance with City of Palm Springs Standard Drawing No. 212. The concrete shall be colored concrete consistent with the improvements constructed on Arenas Road, between Indian Canyon Drive and Calle Encilia. 52. All broken or off -grade street improvements shall be removed and replaced to the satisfaction of the City Engineer. IT:74,T1 �F�07TIW 53. The existing street rights -of -way adjacent to the property were originally granted as an easement from Desert Developers, Inc., recorded in Book 3956, Page 143, on March 24, 1965, for the tenure of their leasehold interest in the property, and subsequently dedicated to the City of Palm Springs by the Bureau of Indian Affairs through a right-of-way document approved on July 12, 1965. The- developer shall provide the City a new grant of easement for the additional 15-feet wide right-of-way granted by the two previous documents through the Bureau of Indian Affairs. The grant of right-of-way shall be provided to the City of Palm Springs prior to approval of a street improvement plans. 54. Remove the existing cross -gutter, spandrel, curb return and cross -gutter at the northeast and southeast corners of the intersection of Calle Encilia and Arenas Road. 55. Remove the existing curb return, spandrel and cross -gutter at the northwest and southwest corners of the intersection of Calle El Segundo and Arenas Road. 56. Remove the existing access ramp, curb and gutter, and sidewalk at the southeast corner of Calle Encilia and Arenas Road as required to construct the proposed improvements on Arenas Road, consistent with the approved site plan. 57. Remove the existing catch basin at the northwest comer of the intersection of Calle El Segundo and Arenas Road and construct a new catch basin of similar width and depth, and connect to the existing storm drain system in Calle El Segundo, in accordance with Riverside County Flood Control (RCFC) standards. Proposed removals and relocations of storm drain improvements shall be subject to the approval of RCFC and the City Engineer. 58. Construct new curb and gutter, cross -gutters, decorative concrete pavement and sidewalk, consistent with the improvements constructed on Arenas Road, between Indian Canyon Drive and Calle Encilia, as shown on the approved site plan. 59. Install decorative pedestrian lights and electrical system, subject to the approval of the City Engineer, consistent with the lighting improvements constructed on Arenas Road, between Indian Canyon Drive and Calle Encilia. 60. Application for an Encroachment License shall be made to the Engineering Division for construction, operation and maintenance of permanent structures and improvements located within public right-of-way. The Encroachment License shall be approved prior to issuance of a building permit. CALLE EL SEGUNDO 61. Remove the existing curb and gutter and construct a 30 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the proposed driveway approach shall be located approximately 150 feet north of the centerline of Arenas Road, in accordance with the approved site plan. 62. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 63. All broken or off -grade street improvements shall be removed and replaced to the satisfaction of the City Engineer. SANITARY SEWER 64. All sanitary facilities shall be connected to the public sewer system; laterals shall not be connected at manholes. 65. Construct an on -site (private) sewer system to collect and convey sewage through a maximum of one lateral to the sewer main located in Calle El Segundo. 66. All on -site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on -site sewer system acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. GRADING 67. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. The Precise Grading plan shall be submitted to the Planning Department for approval to submit for plan check, prior to submittal to the Engineering Division. A PM 10 (dust control) Plan shall be submitted to and approved by the Building Department prior to approval of the Precise Grading plan. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Planning Department approval to submit for plan check B. Copy of signed Conditions of Approval from Planning Department C. Copy of Site Plan stamped approved and signed by the Planning Department D. Copy of current Title Report E. Copy of Soils Report 68. Drainage swales shall be provided adjacent to all curbs and sidewalks, 3' wide and 6" deep, to keep nuisance water from entering the public streets, roadways, or gutters. 69, A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346- 7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of the Precise Grading Plan. 70. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 71. A 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 soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Precise Grading Plan. 72. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 73. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 74. The developer may conduct stormwater runoff off -site to existing master storm drain facilities within Arenas Road and Calle El Segundo in accordance with the Master Drainage Plan for the Palm Springs Area. Provisions for the interception of nuisance water from entering public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas adjacent to the public streets, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 75. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 76. 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. 77. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 78. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as -built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 79. Nothing shall be constructed or planted in the comer 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 Zoning Code 93.02.00 D. 80. 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 Standard Drawing No. 904. MAP 81. If sale of individual units for condominium or vacation ownership use is proposed, an application shall be made with the Department of Planning and Zoning for a Tentative Tract Map for the purpose of creating condominium (vacation ownership) units. A Tentative Tract Map shall be approved by the City prior to approval of grading plans or issuance of building permits. 82. 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 Division. 83. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. The map shall be approved by the City Council prior to issuance of building permits. TRAFFIC 84. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above -ground facilities for handicap accessibility. Required clearance shall be provided through dedication of additional right-of-way and widening of the sidewalk or by relocation of encroachments along the public street frontages. 85. A 30 inch "STOP" sign shall be installed in accordance with City of Palm Springs Standard Drawing No. 620 at the following locations: Northeast corner of Arenas Road and Calle Encilia Southwest comer of Arenas Road and Calle El Segundo 86. 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. 87. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.