HomeMy WebLinkAboutPC Resolution _6062- Case 5.1113- PD 329 TTM 34829RESOLUTION NO. 6062
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING
A DRAFT MITIGATED NEGATIVE DECLARATION AND
APPROVING THE PROJECT ARCHITECTURE FOR CASE
NUMBER 5.1113, PLANNED DEVELOPMENT DISTRICT
329, AND TENTATIVE TRACT MAP 34829,
CONDOMINIUM MAP, FOR THE ART COLONY, A
PROPOSED MIXED -USE PROJECT CONSISTING OF 174-
UNIT CONDOMINIUM COMPLEX AND APPROXIMATELY
30,234 SQUARE FEET OF COMMERCIAL SPACE ON
APPROXIMATELY 15.12-ACRE SITE AND
RECOMMENDING THAT THE CITY COUNCIL APPROVE
TENTATIVE TRACT MAP 34829, CONDOMINIUM MAP
FOR THE PROPOSED MIXED -USE DEVELOPMENT
LOCATED AT THE SOUTHEAST CORNER OF NORTH
PALM CANYON DRIVE AND RACQUET CLUB DRIVE,
ZONE PD 113 AND R-2, SECTION 3.
WHEREAS, Prime Urban, (the "Applicant') has filed an application with the City
pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the
establishment and development of Planned Development District 329 under the
provisions of Section 94.02.00(B) of the Palm Springs Zoning Code; and
WHEREAS, the "Applicant" has filed an application with the City pursuant to Section
9.62.010 of the Palm Springs Municipal Code, for a Tentative Tract Map No. 34829; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case Number 5.1113, consisting of Planned Development District
329, and Tentative Tract Map 34829, in accordance with applicable law; and
WHEREAS, on January 10, 2007, a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and an Environmental Assessment has
been prepared for this project and has been distributed for public review and comment
in accordance with CEQA; and
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning
Commission has considered the effect of the proposed project on the housing needs of
the region, and has balanced these needs against the public service needs of residents
and available fiscal and environmental resources; and
11
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not
limited to the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: A Mitigated Negative Declaration (MND) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA
Guidelines. The Planning Commission found that with the incorporation of
proposed mitigation measures, potentially significant environmental
impacts resulting from this project will be reduced to a level of
insignificance. The Planning Commission independently reviewed and
considered the information contained in the MND prior to its review of this
Project and the MND reflects the Planning Commission's independent
judgment and analysis.
Section 2: Pursuant to Section 94.03.00 (E) and 94.02.00(B) of the Palm Springs
Zoning Code for a Planned Development not in lieu of a zone change, the
Planning Commission makes the following findings:
a. That the use applied for at the location set forth in the application is
properly one for which a planned development district is authorized by this
Zoning Code. 0
The proposed planned development district includes residential and retail
commercial uses which are permitted uses in the underlying PD 113 and
R-2 zones.
b. That the 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 is to be
located,
The proposed planned development will establish a significant mixed use
project at the north end of the City. This is in conformance with Objective
3.1 of the General Plan Land Use Element, which states:
New land use development which is reflective of and complements the overall
pattern and character of existing uses, offers opportunities for the intensification
of key "targeted" sites and mitigates any adverse impacts.
The proposed projects two and three story mixed -use character will
contribute to the revitalization of the commercial project, establish a
principal activity center at the south side of Racquet Club Drive, between
North Palm Canyon and Indian Canyon Drives, provide a strong
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission approves and recommends that the City Council approve Case Number
5.1113, Planned Development District No. 329 and Tentative Tract Map 34829 subject
to the conditions contained in Exhibit A, which is attached hereto and made a part of
this resolution.
ADOPTED this 24t' day of January, 2007.
AYES: 7 1
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Hochanadel/Cohen/Marantz/Ringlein/Hutcheson/Caffery/Scott
A. wiTmCglServices
Dirof
EXHIBIT A
Case No. 5.1113 — PD-329, TTM 34829
Prime Urban
Southeast Corner of North Palm Canyon Drive and Racquet Club Road
CONDITIONS OF APPROVAL
January 10, 2007
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 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 owner shall defend, indem nify, 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 5.1113 PD-329 and
Tentative Tract Map 34829. 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. (D
Conditions of Approval
Page 2
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation sidewalks,
bikeways, parkways, 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.
4. Pursuant to Fish and Game Code Section 711.4 a filing 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 form of a money order or cashier's check
payable to Riverside County.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total
building permit valuation as calculated pursuant to the valuation table in the
Uniform Building Code, the fee being 1/2% for commercial or industrial projects,
1 /4% for new residential subdivisions, or 1 /4% for new individual single-family
residential units constructed on a lot located in an existing subdivision 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 Services 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.
6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation Impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland. The applicant shall
submit a property appraisal to the Planning Services Department for the purposes
of calculating the Park Fee. The Park Fee payment and/or parkland dedication
shall be completed prior to the issuance of building permits.
Conditions of Approval
Page 3
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
`-,
Environmental Assessment
7. The mitigation measures of the Initial Study shall apply to the proposed project.
The applicant shall submit a signed agreement that the mitigation measures will
be included in the Planning Commission consideration of the environmental
assessment. Mitigation measures are included in the Initial Study, and hereby
incorporated into these conditions as follows:
A. Air Quality Mitigation Measures
MM I11-1 The proposed project will comply with the provisions of Chapter 8.50 of
the Palm Springs Municipal Code which establishes minimum requirements for
construction activities to reduce Fugitive dust and PM10 emissions. A Fugitive
Dust Control Plan (prepared pursuant to the provisions of the Coachella Valley
Fugitive Dust Control Handbook) shall be submitted to the City of Palm Springs for
approval in conjunction with the application for grading permits associated with the
project and prior to initiating any earth -moving operations on -site.
MM III-2 The project proponent shall comply with all applicable SCAQMD Rules
and Regulations including but not limited to the following:
- Rule 403 (Fugitive Dust) specifies control measures for use in developing
site specific fugitive dust control plans to minimize blowing dust from 0
construction sites and insure the clean up of construction -related dirt on
approach routes to the site including: watering measures, chemical
stabilizers, wind fencing, covering haul vehicles, bed liners in haul vehicles,
wheel washers, and high wind measures;
- Rule 403.1 — Companion to 403 and is applicable to manmade sources
of fugitive dust in the Coachella Valley.
- Rule 1108 and 1108.1 prohibits the use of rapid and medium cure
cutback asphalts as well as organic compounds in emulsified asphalts used
during the construction process;
- Rule 1113 (Architectural Coatings) restricts the VOC content of any
architectural coating materials used on -site to a maximum of 2.08 pounds of
VOC per gallon; and
- Rule 1403 outlines the work practice requirements for demolition and
renovation activities involving asbestos containing materials and requires
written notification to the SCAQMD 10 days prior to the start of such activitiy
via the District's notification form (which details procedures for the removal,
handling, labeling, storing, and disposal of asbestos containing materials by
the applicant).
NO
Conditions of Approval
Page 4
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
MM III-3 Building construction on -site shall comply with energy use guidelines in
Title 24 of the California Administrative Code.
MM III-4 As a condition of approval, the project proponent will comply with City
requirements regarding master planned bikeways on and/or adjacent to the site.
MM III-5 No operation or activity shall cause the emission of any smoke, fly ash,
dust, fumes, vapors, gases or other forms of air pollution which exceed the
requirements of the SCAQMD, the AQMP or the City of Palm Springs General
Plan and Municipal Code.
MM III-6 Earth -moving activities shall be suspended during the first and second
stage ozone episodes or when winds exceed 25 mph, per the Coachella Valley
PM10 State Implementation Plan and SCAQMD Rule 403.1.
MM4II-7 Adequate watering techniques shall be employed to partially mitigate the
impact of construction -generated dust particulates. Portions of the project site that
are undergoing earth moving operations shall be watered such that a crust will be
formed on the ground surface and then watered again at the end of the day.
MIN-111-8 As part of the construction specifications, any vegetative ground cover to
be utilized on -site shall be planted as soon as possible to reduce the disturbed
area subject to wind erosion. Irrigation systems needed to water these plants shall
be installed as soon as possible to maintain the ground cover and minimize wind
erosion of the soil.
MM411-9 Any construction access roads (other than temporary access roads) shall
be paved as soon as possible and cleaned after each work day. The maximum
vehicle speed limit on unpaved road surfaces shall be 15 mph.
MM411-10 Tracks hauling dirt, sand, soil, or other loose dirt material off -site, should
be covered and washed off before leaving the site. All trucks should maintain at
least two feet of freeboard.
MM411-11 Adjacent streets should be swept if silt is carried over to adjacent public
thoroughfares.
MM-III-12 Construction operations affecting off -site roadways shall be scheduled
for off-peak traffic hours.
Conditions of Approval
Page 5
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
MM-III-13 Construction equipment shall be properly maintained and serviced to
minimize exhaust emissions.
MM-III-14 Where feasible, low emission building materials such as pre -primed and
sanded wood molding and trim products, and pre -primed wallboard should be
considered for construction materials.
MM-III-15 Vacuuming should be considered in lieu of pneumatic debris removal.
B. Hydrology and Water Qualft Mitigation Measures
MM VIII-1 The developer shall prepare and implement (throughout all construction
activities including demolition of the existing structures) a Stormwater Pollution
Prevention Plan (SWPPP) and a Fugitive Dust (PM10) Control Plan. Construction
site Best Management Practices are implemented to prevent any excess storm
flows, or contamination of water that could occur as a result of construction
activities of the proposed project.
MM-VIII-2 it shall be the applicant's responsibility to design and install appropriate
BMPs, in accordance with the NPDES Permit issued for the Whitewater River
Region from the Colorado River Basin Regional Water Quality Control Board
(RWQCB), that effectively intercept and pre -treat stormwater runoff from the
property throughout the life of the project, prior to release to the City's municipal
separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and
the Regional Water Quality Control Board (RWQCB). This includes treating any
storm water captured in the subterranean parking storm drain system.
C. Noise Mitigation Measures
MM-XI-1 The developer shall ensure that all construction equipment, fixed or
mobile, shall be equipped with properly operating and maintained mufflers and
the engines shall be equipped with shrouds until completion of construction.
MM-XI-2 The developer shall ensure that all construction equipment shall be in
proper working order and maintained in a proper state of tune to reduce backfires
until completion of construction.
MM XI-3 The developer shall ensure that every effort be made during
construction activities to create the greatest distance between noise sources and
noise sensitive receptors located in the vicinity of the project site until completion
of construction.
MM-XI-4 The developer shall ensure that stationary equipment will be placed
such that emitted noise is directed away from noise -sensitive receptors until
completion of construction.
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Conditions of Approval
Page 8
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
i!IiIM-XI-5 The developer shall ensure that future on -site development complies
with all relevant noise policies set forth in the Noise Element of the Palm Springs
General Plan throughout the life of the project.
MIDI-XI.6 Prior to Project approval, the nearest live/work units will require
architectural treatments identified by an acoustical engineer which provide
adequate exterior to interior noise attenuation in order to meet the State and City
multi -family noise standards.
D.-Transportation/Traffic Miitlaation Measures
MM-XV-1 The project applicant/developer shall ensure that all required off -site
public and on -site private streets be designed in accordance with City of Palm
Springs design standards, as required by the City Engineer prior to the approval of
plans.
MM-XV-2 The project applicant/developer shall submit street improvement plans
for construction of required streets to the Palm Springs City Engineer for review
and approval.
MI I XV-3 The project applicant/developer shall ensure that access improvements
include a site access on Racquet Club Road, opposite Zanjero Road, controlled by
a STOP sign facing northbound traffic, prior to project approval.
MM-XV-4 The applicant/developer shall ensure that the two-way left -turn lane on
Racquet Club Road transitions to an eastbound and westbound left -turn bay at the
residential site access intersection at Zanjero Road and provides the 100 foot
minimum queue storage length recommended by the ITE for urban and suburban
areas, prior to project approval
MM-XV-5 The project applicant/developer shall be responsible for construction of
all private streets, in conjunction with approved phasing plans for development
and/or as associated with an approved Final Map or Maps (if the development is
phased).
MM-XV-6 The project applicant/developer shall ensure that the gated access to
the residential portion of the development from Racquet Club Road provides
sufficient storage space (75 feet minimum) in advance of the gate, to have a 95
percent probability of storing all arriving vehicles.
Prior to final plan approval, design shall include a turn -around in advance of the
gate shall be provided for those who inadvertently turn into the access connection.
MM-XV 7 The project applicant/developer shall ensure that the emergency waste
collection and emergency vehicle access gate to the residential portion of the
Conditions of Approval
Page 7
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
IN
development from Rochelle Road and from Via Oivera be constructed in a manner
that does not perm it residents to open the gate to enter or exit the site by motor
vehicle. In addition, the gate shall close after a vehicle passes through so that it is
not left open for extended periods of time on waste collection days, encouraging
residents to use it for site access. Prior to plan approvals, these measures shall
be included in the design.
MM-XV-8 The project applicant/developer shall pay Traffic Uniform Mitigation Fees
(TUMF) prior to issuance of building perm its.
MM-XV-9 The project applicant/developer shall contribute on a fair -share basis
(20.97%) to the cost associated with the design and installation of a traffic signal at
the intersection of Palm Canyon Drive and Via Escuela prior to approval of a Final
Map (or the first Final Map if the development is phased).
MM-XV-10 The project applicantldeveloper shall ensure that adequate off-street
parking be provided on -site in accordance with the requirements set forth in the
Palm Springs Municipal Code.
MM-XV-11 The project developer/applicant shall coordinate with SunLine Transit 0
Agency regarding required public transit facilities on and adjacent to the project
site. Any required public transit facilities (including bus stops, turn -outs, bus
shelters and fumiture, or other miscellaneous public transit improvements) shall be
furnished, constructed and installed in conjunction with construction of the
associated street improvements. Coordination shall occur prior to street plan
approvals.
8. The developer shall reimburse the City for the City's costs incurred in monitoring
the developer's compliance with the conditions of approval and mitigation
monitoring program, including, but not limited to inspections and review of
developers operations and activities for compliance with all applicable dust and
noise operations, and cultural resource mitigation. This condition of approval is
supplemental and in addition to normal building permit and public improvement
permits that may be required pursuant to the Palm Springs Municipal Code.
CC&R's
9. The applicant prior to issuance of building permits shall submit three (3) sets of a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning Services for approval in a form to be approved by the City
Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be
submitted with a list of the adopted conditions of approval and an indication of 0
where applicable conditions are addressed in the CC&Rs.
Conditions of Approval
Page 8
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
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.
10. The CC&Rs shall include provisions for on -site Special Events Parking. (Added by
PC on Jan. 10, 2007)
11. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$3,500, for the review of the CC&R's by the City Attorney. A filing fee, in
accordance with the fee schedule adopted by the City Council, shall also be paid
to the City Planning Services Department for administrative review purposes.
Final Design — Planned Development District
12. As a condition of the final Planned Development District, final landscaping,
irrigation, exterior lighting, and fencing plans shall be submitted for approval by
the Department of Planning Services, prior to issuance of a building permit.
Landscape plans shall be approved by the Riverside County Agricultural
Commissioner's Office prior to submittal.
13. The final development plans shall be submitted in accordance with Section
94.03.00 of the Zoning Ordinance. Final development plans shall include site
plans, building elevations, floor plans, roof plans, grading plans, landscape plans,
irrigation plans, exterior lighting plans, sign program, mitigation monitoring
program, site cross sections, property development standards, a list of
permitted uses for the first level of the Live Work units and other such
documents as required by the Planning Commission. Final development plans
shall be submitted within two (2) years of the approval of the tentative tract map.
14. 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 Services prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be subm itted for approval prior to issuance of a building perm it.
If lights are proposed to be mounted on buildings, down -lights shall be utilized.
General Conditions/Code Requirements
15. 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 Services for review and approval
prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal
Code for specific requirements.
Conditions of Approval Case No. 5.1113-PD 329 TTM 34829
Page 9 January 10, 2007
16. Prior to issuance of a 9P radin permit, a Fugitive Dust and Erosion Control Plan
9
shall be submitted and approved by the Building Official. Refer to Chapter 8.50
of the Municipal Code for specific requirements.
17. 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.
18. 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.
19. All materials on the flat portions of the roofs shall be earth tone in color.
20. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 93.03.00 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($). 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.
21. 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.
22. Perimeter walls shall be designed, installed and maintained in compliance with
the comer cutback requirements as required in Section 93.02.00.D.
23. The design, height, texture and color of building(s), fences and walls shall be
subm itted for review and approval prior to issuance of building perm its.
24. The street address numbering/lettering shall not exceed eight inches in height.
25. 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.
26. 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. 0
Conditions of Approval Case No. 5.1113-PD 3291TM U829
Page 10 January 10, 2007
27. Modified architectural and landscaping designs shall be reviewed by the
Architectural Advisory Committee prior to City Council action on the project.
28. Assigned parking spaces shall be dedicated to each residential unit in the
parking garage. Tandem parking spaces shall be assigned to the same unit as
the standard parking space in front of or behind it shall be managed by the
apartment owners.
29. The first level of Live Work units is to be maintained for commercial use. No
alterations are allowed that would preclude commercial use of the first level.
(Added by PC on Jan. 10, 2007)
30. The Final Development Plans shall be modified to relocate one residential unit in
order to maximize westerly views from the Neutra designated dwelling to the east
of the project. (Added by PC on Jan. 10, 2007)
31.
In compliance with Section 7050.5 of the California Health and Safety Coe, if
human remains are found, the Riverside County Coroner must be notified
immediately. If the coroner determines that the remains are not recent and may
be Native American, in accordance with Public Resource Code 5097.94, the
coroner will notify the Native American Heritage Commission (NAHC) within 24
hours of the find. The NAHC will then determine, in consultation with the
property owner, the disposition of the human remains.
Engineering Division
STREETS
32,
33.
34.
Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
Submit street improvement plans prepared by a California Registered Civil
Engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
The applicant shall be required to construct asphalt concrete paving for streets in
two separate lifts. The final lift of asphalt concrete pavement shall be postponed
until such time that on -site construction activities are complete, as may be
determined by the City Engineer. Paving of streets in one lift prior to completion of
on -site construction will not be allowed, unless prior authorization has been
obtained from the City Engineer. Completion of asphalt concrete paving for streets
prior to completion of on -site construction activities, if authorized by the City
Engineer, will require additional paving requirements prior to acceptance of the
street improvements, including, but not limited to: removal and replacement of
Conditions of Approval
Page 11
Case No. 5.1113-PD 329 rrM 34829
January 10, 2007
damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as
required by the City Engineer.
35. Abandonment of existing public right-of-way is required to facilitate the proposed
development application. Abandonment of public right-of-way for the portions of
Rochelle Road located west of Indian Canyon Drive, and the portion of Zanjero
Road located north of Via Olivera will be necessary. The applicant shall be
responsible for coordinating approval of the abandonment of the public right-of-
way with all affected public utility agencies. The applicant shall coordinate final
relocation, adjustment or abandonment of all utilities with the respective utility
agencies; and shall coordinate demolition of all existing improvements, and
reconstruction of affected intersecting streets, as appropriate, with the Engineering
Division.
PALM CANYON DRIVE (State Highway 111)
36. All broken or off grade street improvements shall be repaired or replaced.
INDIAN CANYON DRIVE
37. Dedicate additional right-of-way to provide the ultimate half street right-of-way
width of 50 feet along the entire frontage, together with a property line - corner cut-
back at the southwest comer of the intersection of Indian Canyon Drive and
Racquet Club Road in accordance with City of Palm Springs Standard Drawing
No. 105.
38. Construct an 8 inch curb and gutter located 38 feet west of centerline along the
entire frontage, with a 35 feet radius curb return and spandrel at the southwest
corner of the intersection of Indian Canyon Drive and Racquet Club Road in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
39. Remove the south half of the existing cross gutter and spandrel at the southwest
corner of the intersection of Indian Canyon Drive and Racquet Club Road and
construct the south half of an 8 feet wide cross gutter and spandrel with a flow line
parallel with and located 38 feet west of the centerline of Indian Canyon Drive in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
40. Construct a 20 feet wide driveway approach at the intersection of Dada Court and
Indian Canyon Drive in accordance with City of Palm Springs Standard Drawing
No. 201. Access shall be limited to emergency access only.
41. Construct a 6 inch minimum concrete driveway, 20 feet wide, extending from back
of curb at the intersection of Dada Court and Indian Canyon Drive for emergency
access, or as required by the Fire Marshall.
Conditions of Approval
Page 12
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
42. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
43. Construct a Type A curb ramp meeting current California State Accessibility
standards at the southwest comer of the intersection of Indian Canyon Drive and
Racquet Club Road in accordance with City of Palm Springs Standard Drawing
No. 212.
44. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 110 and 340.
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 altemative pavement section
is proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and
subm itted to the City Engineer for approval.
Racquet Club Road
45. Dedicate additional right-of-way to provide the ultimate half street right-of-way
width of 44 feet along the entire frontage.
46. Remove the existing street improvements across the frontage of the property,
extending from the property identified by Assessor's Parcel No. 504-250-003 to
Indian Canyon Drive, and construct a 6 inch curb and gutter located 32 feet south
of centerline along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 200.
47. Remove the existing driveway approaches to the property identified by Assessor's
Parcel No. 504-250-003 and construct new driveway approaches in accordance
with City of Palm Springs Standard Drawing No. 201.
48. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
49. Construct a 55 feet wide new street intersection for the Main Entry with the
centerline of the Main Entry generally aligned with the centerline of Zenjero Road.
The Main Entry shall be constructed with 25 feet radius curb returns and
spandrels, and a 6 feet wide cross -gutter, in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
50. The Main Entry gated entry design, including widths of ingress and egress lanes,
shall be subject to the review and approval by the City Engineer and Fire Marshall.
Conditions of Approval
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January 10, 2007
K
Minimum lane widths shall be 20 feet, and a minimum of 75 feet queuing space
shall be provided for vehicles entering the development.
A turn -around shall be provided for vehicles unable to enter the development.
Emergency access shall be provided to the Fire Department to the satisfaction of
the Fire Marshall.
51. Construct a Type A curb ramp meeting current California State Accessibility
standards on each side of the Main Entry intersection in accordance with City of
Palm Springs Standard Drawing No. 212.
52. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement along the entire frontage
extending from the property identified by Assessor's Parcel No. 504-250-003 to
Indian Canyon Drive in accordance with City of Palm Springs Standard Drawing
No. 110 and 330. Additional pavement removal and replacement may be required
upon review of existing pavement condition and 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 "IT, values from
the project site and submitted to the City Engineer for approval.
53. All broken or off grade street improvements shall be repaired or replaced.
VIA OLIVERA
54. Dedicate a half street right-of-way of 30 feet along the entire frontage, including the
30 feet wide frontage adjacent to the property identified by Assessor's Parcel No.
504-260-022 (all within the property identified by Assessor's Parcel No. 504-260-
020), and across the property identified by Assessor's Parcel No. 504-260-027.
55. Remove the existing street improvements and construct a 6 inch curb and gutter
located 20 feet north of centerline along the entire frontage, in accordance with
City of Palm Springs Standard Drawing No. 200.
56. Construct a 20 feet wide driveway approach at the intersection of Realism Way
and Via Olivera in accordance with City of Palm Springs Standard Drawing No.
201. Access shall be limited to emergency access only.
57. Construct a 6 inch minimum concrete driveway, 20 feet wide, extending from back
of curb at the intersection of Realism Way and Via Olivera for emergency access,
or as required by the Fire Marshall. 0
Conditions of Approval Case No. 5.1113-PD 329 rrM 34829
Page 14 January 10, 2007
58. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
59. Construct pavement with a minimum pavement section of 2% 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 centerline along the entire Via Olivera frontage in accordance
with City of Palm Springs Standard Drawing No. 110 and 305. If an alternative
pavement section is proposed, the proposed pavement section shall be designed
by a California registered Geotechnical Engineer using "IT, values from the project
site and submitted to the City Engineer for approval
ROCHELLE ROAD
60. Remove all abandoned street improvements, underlying utilities, and other
improvements in accordance with requirements of the affected utility companies
and the City Engineer. Removals shall occur upon approval of a Final Map of the
subject property, formally vacating and abandoning the existing public right -of --way.
ON -SITE
61. Dedicate easements for public utility purposes, including sewers with the right of
ingress and egress for service and emergency vehicles and personnel over the
proposed private streets.
62. All on -site private streets shall be two-way with a minimum 24 feet wide travelway
(as measured from face of curb) where no on -street parking is proposed.
63. All on -site private streets shall be two-way with a minimum 32 feet wide travelway
(as measured from face of curb) where on -street parallel parking is proposed or
one -side of the street.
64. All on -site private streets shall be constructed with standard 6 inch curb and gutter,
a wedge curb, or other approved curbs, and cross -gutters, as necessary to accept
and convey street surface drainage of the on -site streets to the on -site drainage
system.
65. The gated access proposed at the west end of Modem Drive shall be subject to
the review and approval by the City Engineer and Fire Marshall. Minimum lane
width shall be 20 feet. Emergency access shall be provided to the Fire
Department to the satisfaction of the Fire Marshall.
66. The minimum pavement section for all on -site pavement shall be 2'/ inches
asphalt concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal. If an
Conditions of Approval
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Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
alternative pavement section is proposed, the proposed pavement section shall
be designed by a California registered Geotechnical Engineer using "R" values
from the project site and submitted to the City Engineer for approval.
67. Parking shall be restricted along both sides of the 24 feet wide on -site private
streets, as necessary to maintain a minimum 24 feet wide clear two-way travel
way. Regulatory Type R26 "No Parking" signs or red curb shall be installed
along the private streets as necessary to enforce parking restrictions. The Home
Owners Association (HOA) shall be responsible for regulating and maintaining
required no parking restrictions, which shall be included in Covenants,
Conditions, and Restrictions (CC&R's) required for the development.
68. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete,
unless alternative materials meeting state and federal accessibility standards is
approved by the City Engineer.
SANITARY SEWER (PUBLIC)
69. A public sewer system shall be provided to the easterly portion of the
development that includes the individual residential lots. All sanitary facilities
shall be connected to the public sewer system. New laterals shall not be
connected at manholes.
70. Submit sewer improvement plans prepared by a California registered civil engineer
to the Engineering Division. The plans shall be approved by the City Engineer prior
to issuance of any building permits.
71. Construct an 8 inch V.C.P. sewer main within the on -site private streets and
connect to the existing public sewer system in Indian Canyon Drive and/or Via
Olivera. All sewer mains constructed by the applicant and to become part of the
public sewer system shall be digitally video recorded prior to acceptance of the
sewer system for maintenance by the City. A computer disc of the video recording
shall be provided to the City Engineer for review. Any defects of the sewer main
shall be removed, replaced, or repaired to the satisfaction of the City Engineer
prior to acceptance.
SANITARY SEWER (PRIVATE)
72. Unless otherwise allowed by the City Engineer, a private sewer system shall be
provided to the westerly portion of the development that includes the individual
"live -work" units, apartment unit buildings, and commercial buildings. All sanitary
facilities shall be connected to the public sewer system. New laterals shall not be
connected at manholes.
Conditions of Approval
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January 10, 2007
73. Construct an on -site private sewer system to collect sewage from the westerly
portion of the development that includes the live/work units, the apartment
buildings, and the commercial buildings, and connect to the existing public sewer
system. Sewer plans shall be submitted to the Engineering Division for review
and approval. Private on -site sewer mains shall conform to City sewer design
standards, including construction of 8 inch V.C.P. sewer main and standard
sewer manholes. Sewer manhole covers shall be identified as "Private Sewer".
A profile view of the on -site private sewer mains is not necessary provided
sufficient invert information is provided in the plan view, including elevations with
conflicting utility lines. Plans for sewers other than the private on -site sewer
mains, i.e. building sewers and laterals from the buildings to the on -site private
sewer mains, are subject to separate review and approval by the Building
Division.
74. The on -site private sewer system shall connect to the public sewer main with a
standard sewer lateral connection in accordance with City of Palm Springs
Standard Drawing No. 405.
75. The on -site sewer system for the westerly portion of the development that
includes the live/work units, the apartment buildings, and the commercial
buildings shall be privately maintained by a Home Owners Association (HOA).
Provisions for maintenance of the on -site sewer system acceptable to the City
Engineer shall be included in the Covenants, Conditions and Restrictions
(CC&R's) required for this project.
GRADING
76. Submit a Precise Grading and Paving Plan prepared by a California registered
civil engineer to the Engineering Division for review and approval. The Precise
Grading and Paving 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 Division 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
Conditions of Approval Case No. 5.1113-PD 329 TTM 34829
Page 17 January 10, 2007
C)
Division 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
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 Division prior to approval of the Precise Grading
and Paving Plan.
b. The first submittal of the Precise Grading and Paving 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 Tentative Tract
Map and/or Site Plan; a copy of current Title Report; a copy of Soils Report;
and a copy of the associated Hydrology Study/Report.
77. Coordinate with Whitewater Mutual Water Company to determine relocation
requirements for the existing water lines and other facilities located within the
property. The applicant shall be required to make appropriate arrangements to
protect in place or relocate the existing Whitewater Mutual Water Company
facilities that are affected by the development. A letter of approval from
Whitewater Mutual Water Company for relocated or adjusted water lines and other
facilities shown on the Precise Grading and Paving Plan shall be submitted to the
Engineering Division prior to approval of the Precise Grading and Paving Plan.
78. Prior to approval of a Grading Plan, 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. The applicant shall contact
the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the
Tribal Archaeologist, Patty Tuck (760-883-1926), to determine their requirements,
if any, associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as
possible. If required, it is the responsibility of the applicant to coordinate scheduling
of Tribal monitors during grading or other construction, and to arrange payment of
any required fees associated with Tribal monitoring.
79. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
80. 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
perm it shall be provided to the City Engineer prior to issuance of a grading perm it.
Conditions of Approval
Page 18
81.
82.
83.
Case No. 5.1113-151) 329 TrM 34829
January 10, 2007
In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the
applicant shall post with the City a cash bond of two thousand dollars ($2,000.00)
per disturbed acre for mitigation measures for erosion/blowsand relating to this
property and development.
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 Division with the first submittal of a grading plan.
In cooperation with the Riverside County Agricultural Commissioner and the
Califomia Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading perrn its 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) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
A
85.
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 failing on the site, on -site retention or other facilities approved by
the City Engineer shall be required to contain the increased stormwater runoff
generated by the development of the property. The Preliminary Hydrology Study,
prepared by Incledon Kirk Engineers, dated November 11, 2005, shall be updated
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 system sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the final
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.
Direct release of on -site nuisance water or stormwater runoff shall not be permitted
to Indian Canyon Drive from the easterly end of Modem Drive and Dada Court, or
to Via Olivera from the southerly end of Realism Way.
Provisions for the interception of nuisance water from entering adjacent 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, and in only a stormwater runoff condition, pass runoff directly to the streets
through parkway or under sidewalk drains.
Conditions of Approval
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Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
86. The applicant shall install a drywell, or series of drywalls, within each retention or
detention basin proposed in the development as necessary to collect and
percolate stormwater runoff, including nuisance water, from the tributary area
within the development that has drainage directed to the basin. The drywell(s) shall
be appropriately sized to accommodate the expected daily nuisance water, as well
as runoff from ordinary storm events (2-year storm events), unless otherwise
approved by the City Engineer. Provisions shall be included in the Covenants,
Conditions and Restrictions (CC&R's) for this development that require the routine
maintenance of the drywell(s) by the Home Owners Association (HOA), including
the right of the City to inspect and require the HOA to remove and replace the
drywell(s) if they fail to function, causing stagnant water to accumulate above
ground within the basin. The City shall be given the right, in the interest of the
public's health, safety, and welfare, to order the removal and replacement of
drywell(s) in the event the HOA is non -responsive to the City's written notice, with
costs to be recovered against the HOA by the City in accordance with state and
local laws and regulations.
87. Submit storm drain improvement plans for all on -site storm drainage system
facilities for review and approval by the City Engineer.
88. Construct storm drain improvements, including but not limited to catch basins, and
storm drain lines, for drainage of on -site streets into the on -site retention basins, as
described in the Preliminary Hydrology Study, prepared by Incledon Kirk
Engineers, dated November 11, 2005. The Preliminary Hydrology Study shall be
amended to include catch basin sizing, storm drain pipe sizing, and retention basin
sizing calculations and other specifications for construction of required on -site
storm drainage improvements.
89. All on -site storm drain systems shall be privately maintained by a Homeowners
Association (HOA). Provisions for maintenance of the on -site storm drain systems
acceptable to the City Engineer shall be included in Covenants, Conditions and
Restrictions (CC&R's) required for this project.
90. The project is subject to flood control and drainage implementation fees on the
currently vacant parcels of land within the development identified by Assessors
Parcel No. 504-250-004, and 504 260-001, 504 260-002, 504-260-003, 504-260-
006, 504 260-007, 504-260-008, 504-260-009, 504-260-010, 504 260-011, 504-
260-012, 504-260-015, 504-260-016, 504-260-020, 504-260-024 (including the 30
feet wide parcel extending to Via Olivera), 504-260-025, 504-260-026, 504-260-
027, 504-260-028, 504-260-032, 504 260-033, and 504-260-034, representing
approximately 8.32 acres. The acreage drainage fee at the present time is
$6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance
of a building permit.
Conditions of Approval
Page 20
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
91. This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater
River Region from the Colorado River Basin Regional Water Quality Control Board
(RWQCB). The applicant is advised that installation of BMP's, including
mechanical or other means for pre -treating stormwater runoff, may be required by
regulations imposed by the RWQCB. It shall be the applicant's responsibility to
design and install appropriate BMP's, in accordance with the NPDES Permit, that
effectively intercept and pre -treat stormwater runoff from the project site, prior to
release to the City's municipal separate storm sewer system ("MS4" ), to the
satisfaction of the City Engineer and the RWQCB. N required, such measures
shall be designed and installed on -site; and provisions for perpetual maintenance
of the measures shall be provided to the satisfaction of the City Engineer, including
provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the
development.
GENERAL.
92. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
bacidilled and repaired in accordance with City of Palm Springs Standard Drawing
No. 115. The applicant 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, 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.
93. On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project,
the applicant shall be responsible for coordinating the scheduled construction with
the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or
Tribal Arachaeologist.
Unless the project site has previously been waived from any requirements for
Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic
Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist,
Patty Tuck (760-883-1926) for any subsequent phases or elements of construction
that might require Tribal monitoring.
Conditions of Approval
Page 21
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
n
If required, it is the responsibility of the applicant to coordinate scheduling of Tribal
monitors during construction, and to arrange payment of any required fees
associated with Tribal monitoring. Tribal monitoring requirements may extend to
off -site construction performed by utility companies on behalf of the applicant (e.g.
utility line extensions in off -site streets), which shall be the responsibility of the
applicant to coordinate and arrange payment of any required fees for the utility
companies.
94. All proposed utility lines shall be installed underground.
95. 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 adjacent to
Racquet Club Road and within the interior of the site meet the requirement to be
installed underground. A letter from the owners of the affected utilities shall be
submitted to the Engineering Division 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 Division 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.
96. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
97. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD
2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data
to be submitted to the City may be authorized, upon prior approval of the City
Engineer.
98. 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 final
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be subm itted to the City Engineer for approval prior to construction.
Conditions of Approval
Page 22
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
99. Nothing shall be constructed or planted in the comer 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.
100. 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
101. Tentative Tract Map 34829 includes within its boundary several parcels of land
owned by others. The applicant shall acquire those certain parcels of land
identified by Assessor's Parcel No. 504-260-025, 504-260-026, and 504-260-027
from the Whitewater Mutual Water Company. The parcels of land shall be
acquired prior to approval of a final map. In the event these parcels of land are not
acquired in fee by the applicant, the applicant shall be required to resubmit a
revised Tentative Tract Map application to the City for review and approval,
identifying these parcels of land as "Not a Part", and identifying appropriate
revisions to the development necessary to exclude these parcels of land from the
Tentative Tract Map.
102. Tentative Tract Map 34829 includes within its boundary parcels of land owned by
the City of Palm Springs. The applicant shall acquire from the City of Palm
Springs the parcel of land identified by Assessor's Parcel No. 504-260-024,
including the 30 feet wide parcel extending to Via Olivera adjacent to Assessor's
Parcel No. 504-260-003, 504-260-004, and 504-260-005, as described in the Quit
Claim Deed recorded in Book 4, Page 108. The parcel of land shall be acquired
prior to approval of a final map. In the event the parcel of land is not acquired in
fee by the applicant, the applicant shall be required to resubmit a revised Tentative
Tract Map application to the City for review and approval, identifying this parcel of
land as "Not a Part", and identifying appropriate revisions to the development
necessary to exclude this parcel of land from the Tentative Tract Map.
103. A Final Map shall be prepared by a California registered Land Surveyor or qualified
Civil Engineer and submitted to the Engineering Division 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
Division as part of the review of the Map. The Final Map shall be approved by the
City Council prior to issuance of building permits.
Conditions of Approval
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Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
(ED
104. In accordance with Section 66434 (g) of the Government Code, the existing public
rights -of -way for Rochelle Road and Zanjero Road may be abandoned upon the
filing of a Final Map identifying the abandonment of the rights -of -way granted to
the City of Palm Springs. Prior to approval of a Final Map, the developer shall
coordinate with each public utility company and determine specific requirements
as to the abandonment and/or relocation of existing underground utilities that may
exist within the public rights -of -way to be abandoned. Prior to approval of a Final
Map, the developer shall provide to the City Engineer a letter of approval regarding
the proposed abandonment of Rochelle Road and Zanjero Road rights -of -way
from each public utility agency.
105. The applicant shall be required to enter into an agreement that provides the City of
Palm Springs with an exclusive right of entry onto the subject property with the
right to remove all abandoned street improvements at the applicant's expense, in
the event removal of the abandoned street improvements is not completed within
two (2) years following approval of a Final Map by the City Council. The
agreement shall be secured with appropriate subdivision security, as approved by
the City Attorney, with the security available to the City upon notice from the City
Engineer that the applicant has failed to perform its obligations as required by the
agreement. The applicant shall provide written estimates of cost to remove all
abandoned street improvements, abandonment and/or relocation of all existing
underground utilities, and construction of street improvements as may be 0
necessary, subject to the approval of the City Engineer. Estimates of costs related
to public utility abandonment and/or relocation shall be determined by the
respective utility agency, as appropriate. The agreement shall be executed by the
applicant prior to approval of a Final Map by the City Council. The developer shall
submit a deposit of $3,500 for preparation of the agreement, and shall be subject
to actual costs associated with its preparation by the City Attorney.
106. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related to
the Engineering Division's recommendations. The CC&R's shall be approved by
the City Attorney prior to approval of a Final Map.
107. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S. digital
information shall consist of the following data: California Coordinate System,
CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines,
rights -of -way, and centerlines shown as continuous lines; full map annotation
consistent with annotation shown on the map; map number; and map file name.
G.I.S. data format shall be provided on a CDROM/DVD containing the following:
ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file
(e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF
(AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater)
Conditions of Approval
Page 24
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Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
formats. Variations of the type and format of G.I.S. digital data to be submitted to
the City may be authorized, upon prior approval of the City Engineer.
Relocation or abandonment of record easements across the property shall be
performed in conjunction with or prior to approval of a final map. The easements,
as shown on the Tentative Tract Map No. 34829, shall be extinguished, quit-
claimed, relocated or abandoned to facilitate development of the subject property.
Without evidence of the extinguishment, quit -claim, relocation or abandonment of
the record easements, building permits for proposed buildings encumbered by the
existing record easements will be withheld until such time as the easements are
removed of record and are not an encumbrance to the affected buildings.
TRAFFIC
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110.
As determined by the Palm Springs Art Colony Traffic Impact Study prepared by
Endo Engineering, revised November 8, 2006, the following mitigation measures
will be required:
a. The applicant shall be responsible for payment of its fair share of 16.70%
(or $25,050) of the cost for the future installation of a traffic signal at the
intersection of Palm Canyon Drive and Via Escuela. Payment shall be
made prior to approval of a final map.
b. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the proposed residential Main Entry on Racquet Club Road,
in accordance with City of Palm Springs Standard Drawing Nos. 620-625.
C. The two-way left -turn lane on Racquet Club Road shall transition to an
eastbound and westbound left-tum bay at the proposed residential Main
Entry, providing a minimum queue storage 100feet in length.
d. The gated access to the Main Entry on Racquet Club Road shall provide
sufficient storage space (75 feet minimum) in advance of the gate to have a
95% probability of storing all arriving vehicles. A tum-around in advance of
the gate shall be provided for vehicles that inadvertently turn into the Main
Entry.
Relocate the existing traffic signal poles at the intersection of Indian Canyon
Drive and Racquet Club Road, in conjunction with the associated widening of the
intersection. As part of the traffic signal relocation, the traffic signal equipment
and operation shall be updated and modemized as may be required by the City
Engineer. The applicant shall submit traffic signal modification plans prepared by
a Califomia registered Civil Engineer or Traffic Engineer for review and approval
by the City Engineer. The traffic signal shall be relocated prior to issuance of a
Certificate of Occupancy, unless otherwise allowed by the City Engineer.
Conditions of Approval
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Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
111. Submit traffic striping plans for Racquet Club Road prepared by a California
registered Civil Engineer, for review and approval by the City Engineer. All
required traffic striping and signage improvements shall be completed in
conjunction with required street improvements, to the satisfaction of the City
Engineer, and prior to issuance of a certificate of occupancy.
112. Install stop controls at on -site street intersections, as may be required by the City
Engineer.
113. Install a street name sign at the intersection of Racquet Club Road and the Main
Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620
through 625.
114. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development. 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 Palm Canyon
Drive, Indian Canyon Drive, Racquet Club Road, and Via Olivera frontages of the
subject property.
115. 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.
116. 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.
117. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
Waste Disposal
118. Trash cans shall be screened from view and kept within fifty (50) feet of the street.
119. Final development plans shall be revised to indicate the location of trash pickup
areas. (Added by PC on Jan.10, 2007)
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Conditions of Approval Case No. 5.1113-PD 329 TTM 34829
Page 26 January 10, 2007
Police Department
120. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs
Municipal Code.
Building Department
121. Prior to any construction on -site, all appropriate permits must be secured.
Fire Department
122. Public Safety CFD: The Project will bring a significant number of additional
residents to the community. The Citys existing public safety and recreation
services, including police protection, criminal justice, fire protection and
suppression, ambulance, paramedic, and other safety services and recreation,
library, cultural services are near capacity. Accordingly, the City may determine to
form a Community Services District under the authority of Government Code
Section 53311 et seq, or other appropriate statutory or municipal authority.
Developer agrees to support the formation of such assessment district and shall
waive any right to protest, provided that the amount of such assessment shall be
established through appropriate study and shall not exceed $500 annually with a
consumer price index escalator. The district shall be formed prior to sale of any
lots or a covenant agreement shall be recorded against each parcel, permitting
incorporation of the parcel in the district.
123. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan and an
electronic CAD version shall be provided to the fire department. This shall clearly
show all access points, fire hydrants, knox box locations, fire department
connections, unit identifiers, main electrical panel locations, sprinkler riser and fire
alarm locations. Large projects may require more than one page.
124. Premises Identification: Approved numbers or addresses shall be provided for all
new and existing buildings in such a position as to be plainly visible and legible
from the street or road fronting the property. (901.4.4 CFC) Show location of
address on plan elevation view. Show requirement and dimensions of numbers in
plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the
background.
125. Fire Sprinklers Required: An approved, automatic Fire Sprinkler System is
required for this development.
126. Fire Department Access: Fire Department Access Roads shall be provided and
maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC).
• Minimum Access Road Dimensions:
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Conditions of Approval
Page 27
Case No. 5.1113-PD 3291TM 34829
January 10, 2007
Private streets shall have a minimum width of at least 24 feet, pursuant to
California Fire Code 902.1 however, a greater width for private streets may be
required by the City engineer to address traffic engineering, parking, and other
issues. The Palm S rin s Fire Department requirements for two-way private
streets, is a minimum width of 24 feet, unless otherwise allowed by the City
engineer. No_parking shall be allowed in either side of the roadway.
127. Reduced Roadway Width: Areas with reduced roadway width (such as entry and
exit gates, entry and exit approach roads, traffic calming areas) that are under 36
feet wide require red painted curb to maintain minimum 24 foot clear width. Red
curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint (901.4
CFC)
128. Access Gates: Fire/Police/Ambulances access gates shall be at least 14' in width
when in the open position and equipped with a Knox (emergency access) key
switch. A Knox key operated switch shall be installed at every automatic gate.
Show location of switch on plan. Show requirement in plan notes.
129. Vertical Fire Apparatus Clearance: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less than 12 feet 6 inches. (902.2.2.1 CFC)
130. Vertical Clearance for Underground Parking: Palm Springs fire apparatus require
an unobstructed vertical clearance of not less than 8 feet 6 inches. (902.2.2.1
CFC)
131. Secondary Access: A secondary access shall be provided for all developments
with 25 or more dwelling units (Appendix III-D 2.1 CFC)
132. Fire Apparatus Access Roads/Driveways: Fire department access
roads/driveways shall be provided so that no portion of the exterior wall of the first
floor of any building will be more than 150 feet from such roads. (902.2.1 CFC)
133. Road Design or Parking Lot Surface: Fire apparatus access roads shall be
designed and constructed as all weather capable and able to support a fire truck
weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning
radius is 30 feet, which an outside radius of 45 feet.
134. Turn -Around Requirements: 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. (902.2.2.4 CFC) The City of Palm Springs has two
approved turn around provisions. One is a cul-de-sac with an outside turning
radius of 45 feet from centerline. The other is a hammerhead tumaround meeting
the Palm Springs Public Works and Engineering Department standard dated 94- O
02.
Conditions of Approval
Page 28
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
135. Rapid Entry System Approval: The Knox FRB/Police/Ambulance Rapid Entry
System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC
Cap, or Decal approved for use by the City of Palm Springs Fire Department.
136. Emergency Key Box A Knox key box is required for access to the fire sprinkler
riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance.
Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4
CFC
137. Key Box Contents: The Knox key box shall contain Keys to all areas of
ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical
rooms, elevator rooms, elevator controls, plus a card containing the emergency
contact people and phone numbers for the buildingicomplex
138. Mid Rise/High Rise (3 stories and above): High-rise and mid -rise buildings shall be
accessible on a minimum of two sides. Street access shall not be less than 10 feet
(3048 mm) or more than 35 feet (10 668 mm) from the building. Landscaping or
other obstructions shall not be placed or maintained around structures in a manner
so as to impair or impede accessibility for fire fighting and rescue operations.
139. Fire Extinguishers: Portable Fire Extinguishers shall be installed for retail
occupancies in accordance with 2001 CFC, Art. 10 and NFPA Std. 10.
140. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher
for every 75 feet of floor or grade travel distance for normal hazards. Show
proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall
be mounted in a visible, accessible location 3 to 5 feet above floor level.
Preferred location is along the path of exit travel or near an exit door. Extinguishers
located outdoors must be installed in weather and vandal resistant cabinets
approved for this purpose.
141. Fire Alarm System: Fire Alarm System required. Installation shall comply with the
requirements of NFPA 72.
142. Audible Water Flow Alarms: An approved audible sprinkler flow alarm (Wheelock
horn/strobe # MT4-115-WH VFR with WBB back box or equal) shall be provided
on the exterior of the building in an approved location. An approved audible
sprinkler flow alarm (Wheelock hom/strobe # MT4-115-WH VFR with WBB back
box or equal) to alert the occupants shall be provided in the interior of the building
in a normally occupied location. (904.3.2 CBC)
143. Residential Smoke Detector Installation with Fire Sprinklers: Provide Residential
Smoke Detectors (FIREX # 0498 accessory module connected to multi -station
FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch).
Conditions of Approval
Page 29
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
Detectors shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors
shall be interconnected so that operation of any smoke detector causes the alarm
in all smoke detectors within the dwelling to sound. (2 2.2.1 NFPA 72) Provide a
note on the plans showing this requirement.
144. Wiring Installation: The installation of all Fire Alarm Wiring and Equipment shall be
in accordance with NFPA 72, 760, NEC.
145. System Acceptance Test: Upon completion of the installation of the Fire Alarm
System, a satisfactory test of the entire system shall be made. The test shall be
witnessed by the fire inspector.
146. Fire Hydrant & FDC Location: A commercial fire hydrant is required within 30 feet
of the Fire Department Connection (FDC). Fire Hose must be protected from
vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways
or areas subject to flooding or hazardous material or liquid releases.
147. Water Supply: The water supply and locationls of fire hydrants shall be approved
prior to any work being performed on the job site. (903.1 CFC)
148. Water Systems and Hydrants: Where underground water mains are to be
provided, they shall be installed, completed and in service with fire hydrants or
standpipes (Or combinations thereof located as directed by the Fire Department)
not later than the time when combustible materials are delivered to the
construction site. (Sec. 903 CFC)
149. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within
250' of all combustible construction. No landscape planting, walls, or fencing is
permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2
CFC)
150. Fire Flow: Fire flow for this project is estimated to be 1500 GPM.
151. High Piled Storage: If materials to be stored are anticipated to exceed 12 feet in
height, additional requirements will be required. Contact the fire department plans
examiner for more detailed requirements.
Construction Site Security and Protection:
152. Fencing Required: Construction site fencing with 20 foot wide access gates is
required for all combustible construction over 5,000 square feet. Fencing shall
remain intact until buildings are stuccoed or covered and secured with lockable O
doors and windows. (8.04.260 PSMC)
Conditions of Approval
Page 30
Case No. 5.1113-PD 329 TTM 34829
January 10, 2007
153. Prior to installation of construction fencing, the applicant shall receive approval of a
graphics and sign plan for said fence in accordance with the City's program. The
temporary fence shall be installed in compliance with the approved plan.
(Added by PC on Jan. 10, 2007)
154. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at least
15 feet and be equipped with a frangible chain and padlock. (8.04.260 PSMC)
155. Access Gate Obstructions: Entrances to roads, trails or other access ways, which
have been closed with gates and barriers, shall be maintained clear at all times.
(902.2.4.1 CFC).
156. Access during construction: 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 20 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. (Sec. 902 CFC)
END OF CONDITIONS
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