HomeMy WebLinkAboutPC Resolution _6073- TTM 31422- ARESOLUTION NO. 6073
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 31422-A, FOR THE SUBDIVISION OF 2.5 ACRES
OF LAND INTO FIVE LOTS LOCATED AT 2630 ANZA TRAIL,
ZONE R-1-13, SECTION 25.
WHEREAS, David and Trudy Johnston (the "Applicants") have filed an application with the City
pursuant the Palm Springs Municipal Code Section 9,60 for a Tentative Tract Map to subdivide
2.5 acres of land into five lots located at 2630 Anza Trail, Zone R-1-13, Section 25; and
WHEREAS, the Applicant has filed Tentative Tract Map 31422-A with the City and has paid the
required filing fees; and
WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the
subdivision requirements of the Palm Springs Municipal Code, with the request for their review,
comments, and requirements; and
WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs
to consider Tentative Tract Map 31422-A, was given in accordance with applicable law; and
WHEREAS, on February 28, 2007, a public hearing on the application for Tentative Tract Map
31422-A was held by the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed subdivision, Tentative Tract Map 31422-A, is considered a "project"
pursuant to the terms of the California Environmental Quality Act ("CEQA"), and is categorically
exempt from the provisions of CEQA per Section 15332 (In -Fill Development Projects).
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: Pursuant to CEQA, the Planning Commission finds that, Tentative Tract Map
31422-A is categorically exempt from environmental assessment per Section
15332 (In -Fill Development Projects) of the California Environmental Quality Act
(CEQA).
Section 2: Pursuant to Section 94.06.01(A)(4) of the Palm Springs Zoning Code (PSZC),
the Planning Commission finds that with the incorporation of those conditions
attached in Exhibit A:
a. The requested minor modification is consistent with the General Plan,
applicable Specific Plan(s) and overall objectives of the zoning ordinance.
The overall project, including the proposed land use, is consistent with the
General Plan Land Use map, and no inconsistencies can be identified with
the goals and policies of the General Plan. No specific plans are
associated with this property.
Planning Commission Draft Reso. February 28, 2007
TTM 31422-A Page 2 of 3
b. The neighboring properties will not be adversely affected as a result of
the approval or conditional approval of the minor modification.
The reduction of the lot width will have minimal, if any impact on
surrounding properties, because the lot sizes are very similar in size and
shape.
C. The approval or conditional approval of the minor modification will not be
detrimental to the health, safety, or general welfare of persons residing or
working on the site or in the vicinity.
The lot sizes are consistent with neighboring properties and the new
dwellings will have to conform to the Palm Springs Zoning Code's
minimum requirements for development (setbacks, building height,
coverage, etc.), which will insure the health safety, and general welfare of
persons residing or working on the site or in the vicinity.
d. The approval of the minor modification is justified by environmental
features, site conditions, location of existing improvements, or historic
development patterns of the property or neighborhood.
The 2.5 acre site is bounded by Morongo Trail to the north and Anza Trail
to the South. After dedicating of right-of-way for both lots, the site is
unable to provide the minimum required lot width for lots 1 and 5, but is
able to exceed the minimum depth and minimum square foot
requirements. Therefore, the approval of the minor modification is
justified by site conditions.
Section 3: Pursuant to Government Code Section 66473.5 the Planning Commission finds
that the proposed subdivision and the provisions for its design and improvement
are compatible with the objectives, polices, and general land uses and program
provided in the City's General Plan and any applicable specific plan.
Section 4: Pursuant to Government Code Section 66474 (Subdivision Map Act), the
Planning Commission finds that with the incorporation of those conditions
attached in Exhibit A:
a. The use applied for at the location set forth in the application is proper for
which a subdivision is authorized by the City's Zoning Ordinance and
General Plan.
The proposed Tentative Tract Map application to subdivide approximately
2.5 acres into five lots is in harmony with the various elements and
objectives of the City of Palm Springs General Plan and is not detrimental
to the existing uses specifically permitted in the zone in which the
proposed use is to be located.
Planning Commission Draft Reso.
TTM 31422-A
February 28, 2007
Page 3 of 3
b. The site is adequate in size and shape to accommodate said use,
including yards, setbacks, walls or fences, landscaping, and other
features required in order to adjust said use to those existing or permitted
future uses of land in.the neighborhood.
The proposed subdivision is approximately 2.5 acres of land. The
proposed subdivision will create five lots of approximately 16,600 square
feet each. The proposed subdivision will create five lots that will be
adequate in size and shape to permit future land uses.
C. That the site for the proposed use relates to streets and highways
properly designed and improved to carry the type and quantity of traffic to
be generated by the proposed use.
Access will be from Anza Trail and Morongo Trail, an existing point of
entry and exit. The private road would be privately maintained as well as
the landscaped areas around the development.
d. That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety, and general
welfare.
The proposed subdivision is consistent with good development practices
and would be beneficial to development in the vicinity.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends that the City Council approve Tentative Tract Map 31422-A,
subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to
the issuance of a Certificate of Occupancy unless otherwise specified.
ADOPTED this 28th day of February, 2007.
AYES: 6 1 ScottlCaffery/Marantz/Hochanadel/Cohen/Ringlein
NOES: None
ABSENT: 1 1 Hutcheson
ABSTENTIONS: None
ATTEST:
CITY OF PALM SPRINGS, CALIFORNIA
N
1*0113m
Tentative Tract Map 31422-A
CONDITIONS OF APPROVAL
2630 Anza Trail
February 28, 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
1. The applicant shall submit an application for an Administrative Minor Modification
requesting relief in the required lot width dimension for Lot 1 and Lot 5 of TTM
31422-A prior to Final Map approval.
2. No gates shall be constructed at the entrance to or at any point on the proposed
access road.
ADMINISTRATIVE:
3. 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.
4. 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 TTM 31422-A.
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
Planning Commission Draft Conditions of Approval February 28, 2007
TTM 31422-A Page 2 of 10
abandon a matter following an adverse judgement or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
5. 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.
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 fee being 1/2% for commercial projects or 1/4% for residential
projects with first $100,000 of total building permit valuation for individual single-
family units exempt. Should the public art be located on the project site, said
location shall be reviewed and approved by the Director of Planning and Zoning
and the Public Arts Commission, and the property owner shall enter into a
recorded agreement to maintain the art work and protect the public rights of access
and viewing.
7. 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.
8. The Project will bring additional residents to the community that will contribute to
the cumulative impact on the City's 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 which are near capacity. Accordingly, the City may determine to form a
Community Services District under the authority of Government C. 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.
Planning Commission Draft Conditions of Approval February 28, 2007
TTM 31422-A Page 3 of 10
POLICE DEPARTMENT:
9. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
FIRE DEPARTMENT:
10. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be
provided to the fire department. This shall clearly show all access points & fire
hydrants.
11. 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:
• The Palm Springs 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.
12. Access Gates: Fire/Police/Ambulance 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.
13. 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)
14, Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less than 13 feet 6 inches. This will include
clearance from vegetation and trees. (902.2.2.1 CFC)
15. Road Design: 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, with an
outside radius of 45 feet.
16. Operational Fire Hydrant(s): Operational fire hydrant(s) shall be installed within
250 feet 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)
17. Water Systems and Hydrants: Underground water mains and fire hydrants shall
be installed, completed, tested. Installation, testing, and inspection will meet the
requirements of NFPA 24 1995 edition. Prior to final approval of the installation,
Planning Commission Draft Conditions of Approval
TTM 31422-A
February 28, 2007
Page 4 of 10
contractor shall submit a completed Contractor's Material and Test Certificate to
the Fire Department. (9-2.1 NFPA 241995 edition)
18. Fire hydrant systems: Following Fire Department selection of hydrant locations,
plans and specifications for fire hydrant systems shall be submitted to the fire
department for review and approval prior to construction. (901.2.2.2 CFC). All
fire hydrants shall be installed in accordance with Desert Water Agency
specifications and standards. No landscape planting, walls, fences, signposts, or
aboveground utility facilities are permitted within 3 feet of fire hydrants, or in line
with hose connections.
1411CIPH4211 IiL0
19. 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.
20. Before final acceptance of the project, all conditions listed below shall be
completed to the satisfaction of the City Engineer.
STREETS:
21. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
22. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
ANZA TRAIL:
23. Dedicate an additional 10 feet to provide the ultimate half street right-of-way
width of 25 feet along the entire frontage.
24. Dedicate an easement 2 feet wide along the back of the driveway approach for
sidewalk purposes.
25. Construct a wedge curb 18 feet north of centerline along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 200.
26. Construct a 24 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201.
27. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
Planning Commission Draft Conditions of Approval February 28, 2007
TTM 31422-A Page 5 of 10
28. Remove and replace existing pavement with a minimum pavement section of 2-
112 inch asphalt concrete pavement over 4 inch aggregate base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to centerline of pavement along the entire Anza Trail frontage in
accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an
alternative pavement section is proposed, the proposed pavement section shall
be designed by a California registered Geotechnical Engineer using "R" values
from the project site and submitted to the City Engineer for approval.
MORONGO TRAIL:
29. Construct wedge curb 20 feet south of centerline along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 200.
30. Construct a 24 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201.
31. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210,
32. Remove and replace existing pavement with a minimum pavement section of 3
inch asphalt concrete pavement over 6 inch aggregate base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to centerline of pavement along the entire Morongo Trail
frontage in accordance with City of Palm Springs Standard Drawing No. 110 and
315. If an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical Engineer using
"R" values from the project site and submitted to the City Engineer for approval.
ON -SITE PRIVATE STREET:
33. Dedicate an easement 24 feet wide extending from back of curb to back of curb
to the City of Palm Springs for ingress and egress of service and emergency
vehicles and personnel, over the private street.
34. Construct a 6 inch curb and gutter, or wedge curb meeting City Engineer
approval, 12 feet on both sides of centerline along the entire frontage, unless
otherwise approved by the City Engineer. Provisions for conveyance of on -site
stormwater runoff shall be provided within the on -site private street.
35. The minimum pavement section for all on -site pavement shall be 2-112 inch
asphalt concrete pavement over 4-inch aggregate base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. If an alternative
pavement section is proposed, the proposed pavement section shall be designed
by a California registered Geotechnical Engineer using "R" values from the
project site and submitted to the City Engineer for approval.
Planning Commission Draft Conditions of Approval February 28, 2007
TTM 31422-A Page 6 of 10
36. Parking shall be restricted along the on -site private street, as necessary to
maintain a 24 feet wide clear travel way. Regulatory Type R26 "No Parking"
signs or red curb shall be installed along the entire frontage. A Home Owners
Association shall be responsible for regulating and maintaining required no
parking restrictions, which shall be included in Codes, Covenants and
Restrictions required for the development.
37. The on -site private street shall not be gated at Morongo Trail or Anza Trail. A
specific provision shall be included in the Codes, Covenants and Restrictions
(CC&R's) for the Homeowners Association prohibiting the future installation of
entry gates into this development.
SANITARY SEWER:
38. Connect all future sanitary facilities to the City sewer system. Laterals shall not
be connected at sewer manholes.
39. Construct an 8 inch sewer main within the on -site private street as necessary to
provide sewer service to lots 2, 3 and 4, and connect to the public sewer main in
Morongo Trail in accordance with City of Palm Springs Standard Drawing No.
405. Sewer service to lots 1 and 5 may be provided by using the existing sewer
lateral connection to the existing sewer main within Morongo Trail and Anza Trail.
If existing sewer laterals can not be used, the existing laterals shall be removed.
40. All on -site sewer systems shall be privately maintained by a Homeowners
Association. Provisions for maintenance of the on -site sewer system shall be
included in Codes, Covenants and Restrictions (CC&R's) for this project, and
shall be provided to the City Engineer for review and approval prior to approval of
the final map.
GRADING:
41. Submit a Grading Plan prepared by a California registered Civil Engineer to the
Engineering Division for review and approval. The Precise Grading Plan shall be
approved by the City Engineer prior to issuance of a grading permit.
A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Building Department for review and approval.
The applicant and/or its grading contractor shall be required to comply with
Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required
to utilize one or more "Coachella Valley Best Available Control Measures" as
identified in the Coachella Valley Fugitive Dust Control Handbook for each
fugitive dust source such that the applicable performance standards are met.
The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by
staff that has completed the South Coast Air Quality Management District
(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Building Department with current and valid
Planning Commission Draft Conditions of Approval February 28, 2007
TTM 31422-A Page 7 of 10
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
uPM1(Y'- Dust Control issues, please contact Elio Torrealba at AQMD at (909)
396-3752, or at etorrealba@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 Building Department prior to approval of the
Grading plan.
The first submittal of the Grading Plan shall include the following information:
Copy of signed Conditions of Approval stamped by the Planning Department;
Copy of Site Plan stamped approved and signed by the Planning Department;
Copy of current Title Report; Copy of Soils Report; and a copy of the associated
Hydrology Study/Report.
42. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
43. 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 Grading
Plan. U
44. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a
cash bond equal to two thousand dollars ($2,000.00) per acre shall be posted
with the City of Palm Springs for mitigation measures of erosionlblowsand that
may occur during grading and development of the property.
45. 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. The demolition of the existing structures and foundation
shall be discussed in the soils report. A copy of the soils report shall be submitted
to the Building Department and to the Engineering Division prior to approval of
the Grading Plan.
46. 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) prior to approval of the Grading Plan. The
California Department of Food and Agriculture office is located at 73-710 Fred
Waring Drive, Palm Desert (Phone: 760-776-8208).
Planning Commission Draft Conditions of Approval February 28, 2007
TTM 31422-A Page 8 of 10
DRAINAGE:
47. All stormwater runoff passing through and falling onto the site shall be accepted
and conveyed to an approved drainage system (if available). On -site
retention/detention or other facilities approved by the City Engineer shall be
required if an off -site drainage system is unavailable or cannot contain the
increased stormwater runoff generated by the development of the site. Provide a
hydrology study to determine if the increased stormwater runoff due to
development of the site exceeds the capacity of offsite drainage system (if any
exists), and to determine required stormwater runoff mitigation measures for this
project. Final detention/retention basin sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or changes to
site configurations consistent with the findings of the final hydrology study.
48. Provisions for the interception of nuisance water from entering Anza Trail or
Morongo Trail 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.
49. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $7,271 per acre per Resolution No.
15189. Fees shall be paid prior to issuance of a building permit.
GENERAL:
50. 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.
51. All proposed utility lines shall be installed underground.
52. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals small be shown from the main line to the property line.
53. 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 grading plan
shall be submitted to the City Engineer for approval prior to construction.
54. 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
R
Planning Commission Draft Conditions of Approval February 28, 2007
TTM 31422-A Page 9 of 10
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. A detailed plan approved by the
owner(s) of -thee affected -utilities depicting all above ground facilities in the area of
the project to be undergrounded shall be submitted to the Engineering Division
prior to approval of any grading plan.
The existing overhead utilities across portions of the east and west property
lines, as well as the overhead utilities running east -west across the center of Lot
3 meet the requirement to be installed underground. The developer is advised to
investigate the nature of these utilities, the availability of undergrounding these
utilities with respect to adjacent and off -site properties, and to present its case for
a waiver of the Municipal Code requirement, if appropriate, to the Planning
Commission and/or City Council as part of its review and approval of this project.
If utility undergrounding is deferred in accordance with specific direction by the
Planning Commission and/or City Council, the record property owner shall enter
into a covenant agreeing to underground all of the existing overhead utilities
required by the Municipal Code in the future upon request of the City of Palm
Springs City Engineer at such time as deemed necessary. The covenant shall be
executed and notarized by the property owner and submitted to the City Engineer
prior to issuance of a grading permit. A current title report; or a copy of a current
tax bill and a copy of a vesting grant deed shall be provided to verify current
property ownership. A covenant preparation fee of $135 shall be paid by the
developer prior to issuance of any grading or building permits.
55. Nothing shall be constructed or planted in the public right-of-way 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.
56. 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:
57. 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 parcels 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.
58. Abandonment of record easements across the property shall be performed in
conjunction with or prior to approval of a final map. The various record
easements shall be extinguished, quit -claimed, relocated or abandoned to
Planning Commission Draft Conditions of Approval February 28, 2007
TTM 31422-A Page 10 of 10
facilitate development of the subject property. Without evidence of the
abandonment of these easements, Lot 3 encumbered by these existing record
easements are rendered unbuildable, until such time as these easements are
removed of record and -are not -an encumbrance to the affected lots, and a copy
of the recorded document removing the encumbrance is provided to the City
Engineer.
TRAFFIC:
59. Minimum of 48 inches of sidewalk clearance shall be provided around all above-
ground facilities for handicap accessibility. The developer shall provide same
through dedication of easement and/or widening of the sidewalk or shall be
responsible for the relocation of all existing impediments located on the Anza
Trail and Morongo Trail frontages of the subject property.
60. 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.
61. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
NO
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