HomeMy WebLinkAboutPC Resolution _6161- Case 5.1154 The Desert Palisades Specific Plan, Change of Zone and TTM 35540RESOLUTION NO. 6161
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL CERTIFY
THE ASSOCIATED ENVIRONMENTAL IMPACT REPORT
AND APPROVE CASE 5.1154; AN APPLICATION FOR A
SPECIFIC PLAN (SP) FOR A RESIDENTIAL
DEVELOPMENT OF 110 HOMESITES ON AN
APPROXIMATELY 117-ACRE PARCEL IN PLANNING
AREA 4 OF THE ENVIRONMENTALLY SENSITIVE AREA —
SPECIFIC PLAN ZONE (ESA-SP). THE SITE IS LOCATED
AT THE WESTERN TERMINUS OF RACQUET CLUB
ROAD; SECTION 4(IL)
WHEREAS, on April 30, 2007, Ed Freeman on behalf of Pinnacle View, LLC ("the
applicant") submitted an application for review pursuant to PSZC Sections 92.21.1.00
through 07 ("Environmentally Sensitive Area — Specific Plan'), PSZC Sections 94.07.00
(Zoning Map Amendment'), State of California Governmental Code Sections 65450
("Specific Plans"), and Sections 66425 66474 ("Maps"). The application includes a
General Plan Amendment and Zone Text Amendment to adopt the proposed Specific
Plan titled "Desert Palisades Specific Plan" (DPSP), a change of zone (CZ) that
proposes to change the boundaries of ESA-SP Planning Areas 3 and 4, and a Tentative
Tract Map (TTM 35540), that proposes to create a subdivision of 110 residential lots,
private roadways, open space, and an approximately 1.7 acre parcel for a future Desert
Water Agency dual tank domestic water reservoir, on an approximately 117-acre site.
The project site is located at the western terminus of Racquet Club Road; and
WHEREAS, on November 1, 2007, notice in accordance with State Governmental Code
Section 65352.3, ("SB 18') was provided to Native American Tribal representatives,
and
WHEREAS, on December 7, 2007, the City issued a Notice of Preparation (NOP) and
Initial Study on the project indicating that a draft Environmental Impact Report (DEIR)
would be prepared on the proposed Specific Plan; the NOP comment period ran from
December 7, 2007 to January 7, 2008; and
WHEREAS, on January 19, 2010 a Notice of Preparation (NOP) was issued to public
agencies and interested parties noting a revised EIR would be prepared and a 45-day
period was provided for responses to the NOP that ended on March 4, 2010, and
WHEREAS, on January 21, 2010 the DEIR was prepared and circulated for a 45-day
public review period which ended on March 8, 2010, and
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Case 5.1154 The Desert Palisades Specific Plan, Change of zone and TTM 35540 Page 2 of 14
WHEREAS, all public comments received on the DEIR were reviewed and written
responses were provided in a Final EIR (FEIR), and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider a recommendation to the City Council of Case 5.1154 SP, CZ, &
TTM 35540 was given in accordance with applicable law; and
WHEREAS, on June 23, 2010, a public hearing on Case 5.1154, (The Desert Palisades
Specific Plan, Change of Zone and Tentative Tract Map 35540), and associated Final
Environmental Impact Report was held by the Planning Commission in accordance with
applicable law, at which hearing, the Planning Commission considered the draft Specific
Plan, associated Final Environmental Impact Report, a staff report, background
materials and oral and written testimony presented, and
WHEREAS, at said public hearing the Planning Commission closed the public
testimony, raised several questions for further- review and recommendation by staff and
continued the hearing to a date certain of July 28, 2010, and
WHEREAS, on July 28, 2010, a meeting was held by the Planning Commission in
accordance with applicable law and at said meeting, the Planning Commission reviewed
the information provided by the applicant and staffs recommendations in response to
the Commissions' questions, and continued the meeting to a date certain of September
1, 2010 requesting staff and the applicant to incorporate their directions on the
additional information into a "track change" copy of the Desert Palisades Specific Plan,
and
WHEREAS, on September 1, 2010, a meeting was held by the Planning Commission in
accordance with applicable law, and at said meeting the Planning Commission received
the 'track change' copy of the Desert Palisades Specific Plan and reviewed information
provided by Staff and the applicant in response to the Commissions' questions from the
meeting of July 28, 2010, letters and comments from the public, and continued the
hearing to a date certain of October 27, 2010, and.
WHEREAS, on October 27, 2010 a meeting was held by the Planning Commission in
accordance with applicable law, and at said meeting the Planning Commission reviewed
the 'track change' copy of the Desert Palisades Specific Plan, a staff memo, letters and
comments from the public, and gave staff direction on the applicant's responses and
staff recommendations on the questions from the July 27, 2010 meeting.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: That the EIR for the subject project is an adequate assessment of the
potential adverse impacts of the proposed project under the guidelines of
the California Environmental Quality Act (CEQA). That the mitigation
measures outlined in the Mitigation Monitoring Plan is sufficient and
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Case 5.1154 The Desert Palisades Specific Plan, Change of Zone and TTM 35540 Page 3 of 14
adequate to reduce any potentially significant impacts to less than
significant levels.
Section 2: That the proposed Desert Palisades Specific Plan is consistent with the
Goals, Policies and Actions outlined in the City of Palm Springs General
Plan as follows:
There are no specific findings for the approval of a Specific Plan, however the Planning
Commission finds the proposed Specific Plan is harmonious and consistent with
General Plan policies and action items that are applicable to the project. The Specific
Plan's proposal to amend the General Plan by changing an approximately 12 acre
parcel from Planning Area 4 to Planning Area 3 within the Special Policy Area land use
designation is consistent with the General Plan because the proposed parcel remains
within the Special Policy area and its applicable goals, policies and action items.
Policy LU13.1: Require that any development in the Chino Cone be
harmonious with and respectful of the area's natural features.
The DPSP provides detailed design guidelines and development standards for
structures and landscaping that provides for development that is integrated with the
natural conditions of the Chino Cone area. The proposed change of approximately 12
acres from Planning Area 4 to Planning Area 3 of the Special Policy Area land use
designation retains that area within the oversight of the Special Policy Area.
Policy LU 93.4: Allow for rural street profiles with French drain or similar
type of stormwater control features and code -complaint pedestrian
accommodations to traditional street standards and design of curbs and
gutters to .establish a natural streetscape that visually blends into the
surrounding terrain.
The DPSP provides for a rural street profile with a v-profile and a center gutter. Street
surfaces are to be precast pavers, (no asphalt) in colors that are harmonious with the
local area.
Action LU13.9: Require preparation of a Specific Plan and associated
environmental analysis prior to the approval of any development within the
Chino Cone that differ from the residential uses permitted by right (9du/40
acres)
The DPSP provides a comprehensive Specific Plan and Environmental Impact Report in
accordance with the PSZC Section 92.21.00 (ESA-SP) and the General Plan. The
DPSP proposes a density of just under 1 dulac, which is within the maximum
permissible density of 2duiac with a Specific Plan for Planning Area 4 of the ESA-SP.
x
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Section 3: That the proposed Change of Zone is consistent with the required
findings of PSZC Section 94.07.00 (Zoning Map Amendment) as
follows:
Pursuant to PSZC Section 94.07.00 (Zoning Map Amendment), the commission in
recommending and the council in reviewing a proposed change of zone, shall consider
whether the following conditions exist in reference to the proposed zoning of the subject
property.
9. The proposed change of zone is in conformity with the general plan
map and report. Any amendment of the general plan necessitated
by the proposed change of zone should be made according to the
procedure set forth in the State Planning Law either prior to the
zone change, or notice may be given and hearings held on such
general plan amendment concurrently with notice and hearings on
the proposed change of zone.
The project proposes a minor change in the zone boundaries for Planning Area 3 and
Planning Area 4 of the ESA-SP zone. Specifically a triangular parcel to the north of the
proposed Specific Plan which is presently in Planning Area 4 is proposed to be removed
from Planning Area 4 and added to Planning Area 3. This roughly 12-acre triangular
parcel is actually part of a larger Indian -owned property that crosses Tram Way, and is
proposed to be included in a future Specific Plan for Planning Area 3. Both Planning
Area 4 and Planning Area 3 are within the Special Policy Area land use designation of
the General Plan, and therefore the land use policies applicable to the 12 acre parcel
remain consistent with the General Plan.
2. The subject property is suitable for the uses permitted in the
proposed zone, in terms of access, size of parcel, relationship to
similar or related uses, and other considerations deemed relevant
by the commission and council.
The roughly 12-acre parcel proposed to be changed from Planning Area 4 to Planning
Area 3 is actually a contiguous part of a larger Indian -owned parcel that is wholly within
Planning Area 3. Moving this to Planning Area 3 makes it possible for this parcel to be
incorporated into a logical larger area for a future Specific Plan in Area 3. The change
from Planning Area 4 to Planning Area 3 makes the relationship to future planning
efforts for this entire Indian -owned parcel feasible and practical.
3. The proposed change of zone is necessary and proper at this time,
and is not likely to be detrimental to the adjacent property or
residents.
The proposed change of this parcel from Planning Area 4 to Planning Area 3 is proper
at this time because it allows the balance of Planning Area 4 to encompass the
proposed Specific Plan. The ESA-SP zone notes that Specific Plans should
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encompass the entire planning area. In this case, the only remaining portion of
Planning Area 4 that is not within the proposed Specific Plan is a small, roughly 5-acre
parcel that is contiguous to a parcel at 1090 El Cielo Road and both parcels are owned
by the same individual. (1090 El Cielo is entirely outside the ESA-SP zone.).
Furthermore a condition of approval is provided (ENG 22) which provides for resolution
of an access easement to this 5-acre parcel as a condition of the recordation of the
Final Tract map.
Section 4: That the proposed Desert Palisades Specific Plan is consistent with the
required findings of the Palm Springs Zoning Code as follows.
There are three sets of findings in the Zoning Code that relate to Specific Plans and
development within Specific Plans in the ESA-SP zone; they are:
• Section 92.21.1.05 (1) "Design Review"
• Section 94.04.00 (B) "Architectural Review"
• Section 92.21.1.06 (D) "Requirements of a Specific Plan in the ESA-SP"
Pursuant to PSZC Section 92.21.1.05(1) "Design Review" there are ten findings that
must be made prior to approval of development within the ESA-SP. Finding 1 is noted
below. Findings 2 through 10 of this code section are the same as findings 1 through 9
of Section 92.21.1.06(D) and are evaluated later in this section of the staff report.
Section 92.21.1.05(i) states:
Any application for a development project within the ESA-SP zone may
only be approved if, in addition to the findings contained in Section
94.04.00 of the Palm Springs Zoning Code, the following findings are
made:
9. The project demonstrates a complete and integrated vision for
design, operation and use through the use of exemplary site
planning, architecture, landscape architecture, materials and color
principles and techniques.
The Desert Palisades Specific Plan provides a comprehensive set of design guidelines,
development standards, landscape guidelines and a plant palette for use in the design
of each custom residence. In addition, the roads, trails, entry features, bridges, gates,
buffer features, and interpretative sites are proposed with designs that integrate the
natural topography, rock outcroppings, and landscape conditions that are unique to the
Chino Cone area. The materials are consistent with the guidelines in the ESA-SP code
and are required to blend with the natural colors of the rock and vegetation of the site.
Pursuant to PSZC Section 92.21.1.06(D), a specific plan for a planning area within the
ESA-SP zone may only be approved if, the following nine findings are made (these are
R
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the same as findings 2 through 10 of PSZC Section 92.21.1.05(I)) mentioned above):
9. The development provided in the Specific Plan is harmonious with,
adapted to, and respectful of, the natural features within minimal
disturbance of terrain and vegetation.
As proposed, the Desert Palisades project will respect existing topography and natural
features as much as possible. Site disturbance will be limited to the initial grading for
street and infrastructure installation, trails, construction of a DWA dual tank water
reservoir, and development that will occur in the future as individual owners develop
their home sites. The lots range in size from 16,000 to 32,000 square feet. A maximum
footprint of 6,000 square feet is permitted for home and accessory building construction
for each lot, leaving the remaining portion of each lot undisturbed.
2. -The development within the Specific Plan is properly located to
protect sensitive wildlife habitat and plant species, and avoids
interference with watercourses, arroyos, steep slopes, 'ridgelines,
rock outcroppings and significant natural features.
Existing vegetation will remain in its natural state and any landscaping introduced with
future development will be in accordance with the landscape standards of the Specific
Plan which encourages native species. The proposed lot lines for each residential lot
are separated by common open space between lots that will remain undisturbed. The
project is designed to preserve and avoid disturbance of large rock outcroppings as well
as sensitive cultural areas. Existing drainage courses have been preserved in the
project's design. Bridges or fair-weather crossings will be utilized in street design to
span these areas.
3. The development provided in the Specific Plan will be constructed
with respect to buildings, accessory structures, fences, walls,
driveways, parking areas, roadways, utilities and all other features,
with natural materials, or be screened with landscaping, or be
otherwise treated so as to blend in with the natural environment.
The architectural and site design guidelines in the Specific Plan address these issues,
including acceptable materials, screening requirements, and methods for the blending
of building design with the natural environment.
4. The development provided in the Specific Plan utilizes landscaping
materials, including berms, boulders and plant materials which,
insofar as possible, are indigenous and drought tolerant native
species.
All landscaping concepts and proposed perimeter berms/buffers described in the
proposed Specific Plan will utilize materials currently found on -site or conducive to the
Chino Cone area. Boulders removed during grading will be relocated to perimeter
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areas to create a natural buffer for adjacent residents and traffic along Tram Way. The
proposed plant palette includes plants which are drought tolerant and normally found in
undeveloped areas of the desert.
5. The grading of land within the Specific Plan will be terrain sensitive
and excessive building padding and terracing is avoided to minimize
the scarring effects of grading on the natural environment.
Grading will be required to construct the site's roadways/infrastructure and install
utilities. The preliminary grading plan submitted with the Specific Plan is limited to only
these roadways and related infrastructure. Once this initial phase of grading is
completed, disturbed areas will be re -naturalized and lots will remain undisturbed until
individual owners are ready to construct homes. The timing of these subsequent
activities will be driven by market conditions and individual preferences. The
architectural guidelines provided herein propose various home foundation systems
intended to limit development impacts within each home site. The incorporation of
natural terrain and geographic features is also encouraged in home construction
pursuant to the design and development standards in the proposed Specific Plan.
6. The Specific Plan preserves open space areas to the maximum
extent permitted by the Ordinance and in accordance with the
conservation plan, and adequate assurances are provided for the
permanent preservation of such areas.
According to the ESA-SP Zoning Ordinance, a minimum of 72% of the Planning Area is
required to be left as undisturbed open space. The Desert Palisades project includes
approximately 74% open space. This is based on the developable area of 100 acres.
When accounting for the gross acreage of the project site (117 acres) the open space
percentage is closer to 77%.
Based on the requirements for dwelling size (6,000 square feet), approximately 15
acres of the site would be developed with homes if the maximum build out of 110
homes is reached. There are approximately 11 acres of private streets and rights -of -
way proposed within the project. As a result, approximately 26 acres of the Planning
Area would be disturbed by development. Areas between lots, drainage courses, and
the on -site trail system are included in the 54 acres of undisturbed land shown as lots
"A" through "I" on Tentative Tract Map 35540. Assigning lots to areas reserved for
preservation is in accordance with the provisions of the ESA-SP Ordinance. Prohibiting
mass grading of lots, limiting overall lot coverage, and allowing for large separations
between home sites is also part of the project's broader goals to keep the site as natural
and undisturbed as possible.
7. The Specific Plan provides the maximum retention of vistas and
natural topographic features including mountainsides, ridgelines,
hilltops, slopes, rock outcroppings, arroyos, ravines, and canyons.
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The proposed SP includes a view analysis from various vantage points which has been
expanded on in the EIR through a visual simulation that will place homes on the
landscape to analyze impacts. Existing topography will be preserved as much as
possible with limited grading and a specific color and material palette is proposed for
future homes to minimize the visual impact of development on the site from the
surrounding areas of the City. The project is designed to preserve the existing
topographic features including rock fields, outcroppings, natural slopes, ravines, and
arroyos. There are approximately nine acres of hillside near the southern boundary of
the project site on which no development or disturbance of any kind is proposed.
Natural vistas and view sheds will be preserved and development guidelines for the
future development of homes are intended to nestle the structures within the topography
of the site, as much as possible.
8. The development provided in the Specific Plan has been adequately
designed to protect adjacent property with appropriate buffers to
maximize the enjoyment of property within the Specific Plan and
surrounding properties.
The project provides a separation of approximately 100 feet between the easternmost
row of homes and the eastern boundary that separates Planning Area 4 from the
adjacent Little Tuscany neighborhood. Similar buffers occur along the portion of the
project that fronts Tram Way, and the northern boundary of the project. The Tram Way
buffer along with the topographic variation that exists between Tram Way and the
project site will obscure most of the development from motorists along this roadway.
Relocated boulders and scattered plantings will be also be incorporated into each buffer
area in lieu of a block wall, creating a natural appearance while allowing for privacy and
enjoyment of property between neighborhoods. The mountainous terrain adjacent to
the southern boundary of the project prohibits any development from taking place.
9. The development provided in the Specific Plan will not have a
negative fiscal impact on the City or its citizens.
A fiscal analysis was prepared for the project by Stanley R. Hoffman Associates (March,
2007 and updated June 2010), which presents the fiscal impact analysis for the Desert
Palisades Specific Plan. There is no funding assistance provided to the Desert
Palisades Specific Plan by the City of Palm Springs. According to the report, a
recurring surplus of roughly $593 thousand was projected after build out based on
recurring revenues of about $776 thousand and recurring costs of $183 thousand. The
large projected surplus for the proposed Specific Plan is a result of the substantial
projected property tax, retail sales tax generated by the residents of the project and
property tax in -lieu of vehicle license fees (VLF). Projected property taxes account for
about 60 percent of projected recurring revenues, and are the result of the high -value,
custom home residential development proposed.
Zoning Code Section 94.04.00(B 1 through 3) "Architectural Review" provides the
following three findings with regard to Design Review:
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1. Recognize the interdependence of land values and aesthetics, and
to provide a method by which the city may implement this
interdependence to its benefit;
The Desert Palisades Specific Plan proposes a subdivision of roughly 117 acres for 110
home sites, private roadways, public trails, open space, and landscaping for a
residential community of custom built homes to be built by individual purchasers of the
lots. The DPSP provides for comprehensive design, development standards, and
landscape guidelines that provide for preservation of land values and aesthetics and
provides a process for review of all subsequent development within the Specific Plan.
2. Encourage development of private and public property in harmony
with the desired character of the city and in conformance with the
guidelines herein provided with due regard to the public and private
interests involved;
The DPSP provides design, development standards, and landscape guidelines and a
process for reviewing future development within the Specific Plan area. These
standards, guidelines and procedures relate to the guidelines for Architectural Review in
the City's Zoning Code. They provide a comprehensive guide to assure future
development in the Specific Plan is in character with the community, harmonious with
the environment, and takes into account both public and private interests by preserving
public access trails, and promoting preservation of view sheds, privacy for adjoining
development and high quality development within the plan area.
3. Foster attainment of those sections of the cty's general plan which
specifically refer to the preservation and enhancement of the
particular character of this city and its harmonious development,
through encouraging private interests to assist in their
implementation, and assure that the public benefits derived from
expenditures of public funds for improvement and a beautification
of streets and other public structures and spaces shall be protected
by the exercise of reasonable controls over the character and
design of private buildings, public buildings, streetscapes, and open
spaces.
The DPSP is consistent with policies of the General Plan for the Special Policy land use
area which encourage the careful development of lands in this part of the City. The
DPSP proposes features that benefit both the future private lot holder through thoughtful
and complete design and landscape standards, as well as to ensure preservation of
open space and public trails are maintained and improved. The DPSP proposes a set
of development standards that require the careful integration of development into the
natural topography and terrain of the Chino Cone area. It also provides for public
enjoyment of this unique part of the City through the preservation of existing public
access trails, establishment of new public access trails, and the physical improvement
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of these trails through surface improvements, interpretative signage, benches and
special landscape treatment.
Section 5: That the proposed Desert Palisades Specific Plan is consistent with the
guidelines for approval of Specific Plans as outlined in State of California
Governmental Code Section 65450 as follows;
Although there are no specific findings outlined in the State of California Governmental
Code, Section 65450 requires that Specific Plans be adopted in the same manner -as a
General Plan and that the following basic components must be in all Specific Plans:
1. The distribution, location, and extent of the uses of land, including
open space within the area covered by the plan.
The Desert Palisades Specific Plan (DPSP) identifies the proposed land uses for all
areas within the Specific Plan boundaries. These include 110 residential lots, open
space, private roadways, and the location of a dual tank Desert Water Agency water
reservoir. The extent of the uses (permitted uses) are delineated in the Specific Plan for
the lots (single family residential) and the uses for the open space is also identified for
public access trails and a network of private roadways.
2. The distribution, location and extent and intensity of major
components of public and private transportation, sewage, water,
drainage, solid waste disposal, energy, and other essential facilities
proposed to be located within the area covered by the plan and
needed to support the land uses proposed in the Plan.
The DPSP identifies the location and proposed extent of all roadways, utilities, and
other essential facilities and services such as solid waste disposal, domestic water,
sewer, electricity, gas and other utilities. The design of all roadways, including surface
materials, load capacities and right-of-way dimensions are outlined in the DPSP. The
Specific Plan provides a comprehensive plan for all services and infrastructure
necessary to support the proposed development. The project provides landscape and
development standards for the proposed Desert Water Agency dual tank domestic
water storage reservoirs that are consistent with the guidelines for development of water
storage utilities in the ESA-SP zone.
3. Standards and criteria by which development will proceed, and
standards for the conservation, development, and utilization of
natural resources.
The DPSP provides a comprehensive set of Design, Architectural, and Landscape O
Guidelines for the development of the future 110 home sites. The project envisions that
each home be customized and constructed by the future owners of the individual lots.
The development standards provide for the integration of the future homes into the
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natural terrain as much as possible, as well as conservation of topography, natural rock
outcroppings and vegetative features.
4. A program of implementation measures including regulations,
programs, public works projects, and financing measures necessary
to carry out items 1, 2 and 3 above.
The DPSP provides procedural guidelines for the design review of the future homes to
be constructed on the individual lots. The project applicant identifies those portions of
the project that will be developed, constructed and/or installed in advance of
construction of the individual home sites; this includes roadway and utility infrastructure.
5. The plan shall include a statement of the relationship of the Specific
Plan to the General Plan.
The DPSP provides a statement that describes the relationship between the Specific
Plan and the City's General Plan. The DPSP is located in the Special Policy Area Land
Use designation of the City's General Plan and is consistent with the General Plan's
goals and policies for this area. Furthermore, the DPSP is consistent with the densities
permitted by the General Plan with the submission of a Specific Plan for this Special
Policy Area and with approval of the Specific Plan, becomes an amendment to the
City's General Plan.
Section 6: That the proposed Tentative Tract Map #35540 is consistent with the
required findings of the State of California Subdivision Map Act as follows:
Pursuant to Section 66474 of the Subdivision Map Act of the State of California, the
following findings relating to the Tentative Tract Map application apply. In order to
approve any map, the following findings must be affirmatively made:
a. The proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The General Plan designation for the project area is "Special Policy Area". The Chino
Cone Special Policy Area has an underlying density of 1 dwelling unit to 40 acres
(du/ac), however with the approval of a Specific Plan submitted in conformity with the
ESA-SP zone requirements of the Zoning Code, the density can be adjusted. The
proposed Specific Plan application amends the General Plan and proposes a density of
approximately 1 du/ac which is consistent with the ESA-SP zone which allows up to 2
du/ac with an approved specific plan. Thus, with the approval of SP the project will be
consistent with the General Plan and the Specific Plan will become the amended zoning
standard for the project area.
b. The design and improvements of the proposed Tentative Tract Map
are consistent with the zone in which the property is located.
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The subject property is zoned ESA-SP (Environmentally Sensitive Area — Specific
Plan). The ESA-SP zone requires the submission of a Specific Plan with full
development standards design and landscape standards that preserve and respect the
natural environment, open space and rural character of Chino Cone. The design and
improvements of the proposed TTM incorporate all the required design, architectural
and landscape standards as required by the ESA-SP. The proposed design and
improvements are consistent with the zone. Water Storage Facilities as part of the
utility infrastructure associated with development within the ESA-SP zone are to be
sited to minimize impacts on the surrounding environment and not be located on slopes
greater than 3:1. The project is consistent with this guideline.
C. The site is physically suited for this type of development.
The roughly 117 acre site accommodates the density permitted in the Zoning Ordinance
and General Plan and provides comprehensive design, development, architectural and
landscape standards in accordance with the ESA-SP. The site is proposed with
roadways, trails, and open space that are integrated with the unique terrain and natural
features such as drainage patterns and rock outcroppings. The project proposes an
approximately 1.7 acre parcel for a future Desert Water Agency dual tank domestic
water reservoir that is consistent with that agency's General Plan. Therefore the site is
physically suited for this type of development.
d. The site is physically suited for the proposed density of
development.
The proposed tract map would create a subdivision of 110 lots on a site of
approximately 117 acres. The site proposes private roadways, public access trails, and
open space in addition to the 110 home sites. The project conforms to the density
requirements (roughly ldulacre) for this land use designation in the Palm Springs
General Plan with the application and approval of the associated Specific Plan and
conforms to the density of the Zoning Ordinance for the ESA-SP zone for Planning Area
4. The site is therefore physically suited for the proposed density.
e. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their
habitats.
The project proposes a residential subdivision of 110 lots on roughly 117 acres. It is
designed and submitted with a Specific Plan application that includes comprehensive
design, architectural, landscape, and development standards consistent with the
requirements of the ESA-SP zone. The project proposes development in an
environmentally sensitive manner including a landscape palette of native plant species.
The design of the subdivision includes appropriate systems for storm water and other
municipal services (water, sewer, electricity, etc) to be in underground installations and
integrated with the natural surroundings and topography. The EIR for the project has
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evaluated the environmental impacts of the proposed project and concluded that with
the proposed mitigation measures, the projects' impacts are less than significant.
Therefore the project conforms to this finding.
f. The design of the subdivision or type of improvements is not likely
to cause serious public health problems.
The subdivision is proposed with all the required public utilities, streets, and trails and
provides an orderly system of emergency access to the project site. The adjacent
roadway network is predicted in the General Plan Traffic Study to adequately handle the
projected vehicular traffic loads contemplated with this density of development.
Therefore, there are no serious public health problems that would be created by the
proposed tentative tract map or the proposed site improvements. The roughly 1.7 acre
parcel proposed for a future Desert Water Agency dual tank reservoir is consistent with
that Agency's General Plan and is proposed to. be landscaped and painted to blend with
the surrounding environment, thereby making its proposed development consistent with
the development guidelines for water storage utilities in the ESA-SP zone.
g. The design of the subdivision or type of improvements will not
conflict with Basements, acquired by the public at large, for access
through or use of the property within the proposed subdivision.
The public easements necessary for the subject project for roadway and trail right of
ways are proposed to be carefully integrated within this tract map. Roadway width right
of way dedications are noted on the tract map and are consistent with the local and
state requirements. Trails are proposed that provide public access through the project
with minimal disturbance to the proposed residences and are connected with the
existing network of trails and public access roads in the vicinity of the project. A
condition of approval (ENG 22) is provided to resolve easement issues with an adjacent
5-acre parcel as a condition of the recordation of the Final Tract map.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends to the City Council that it:
1. Certifies the Environmental Impact Report associated with the Desert
Palisades Specific Plan as a complete and accurate assessment of the
environmental impacts associated with the proposed project,
2. Approves Case 5.1154; The Desert Palisades Specific Plan, which amends
the 2007 City of Palm Springs General Plan, approved by Resolution 22077,
by changing an approximately 12 acre parcel from Planning Area 4 to
Planning Area 3 in the Special Policy Area land use designation and
establishing permitted uses, densities, and design and development
standards and procedures for an approximately 117 acre parcel within
Planning Area 4 of the Special Policy Area land use designation,
Resolution No. 6161 October 27, 2010
Case 5.1154 The Desert Palisades Specific Plan, Change of Zone and TTM 35540 Page 14 of 14
3. Approves the associated Change of Zone, which changes an approximately
12 acre parcel on the City's official zoning map from Planning Area 4 to
Planning Area 3 of the ESA-SP zone,
4. Approves Case 5.1154: The Desert Palisades Specific Plan, subject to the
attached Conditions of Approval outlined in Exhibit A, which provides for 110
home sites on approximately 117 acres, open space, private roads, public
trails, and comprehensive design, architectural and landscape development
standards and a roughly 1.7 acre parcel for a future Desert Water Agency
dual tank domestic water reservoir, and
5. Approves the associated Tentative Tract Map #35540, subject to the
Conditions of Approval outlined in Exhibit A, attached, which provides a
subdivision of an approximately 117 acre parcel into 110 individual residential
lots, and easements, parcels and dedications for open space, private roads,
and public trails. and an approximately 1.7 acre parcel for a future Desert
Water Agency dual tank domestic water reservoir.
ADOPTED this twenty-seventh day of October 2010.
AYES: 5, Donenfeld, Munger, Klatchko, Vice Chair Scott and Chair Caffrey
NOES: 2, Hudson and Conrad
ABSENT: None
ABSTAIN: None
ATTEST:
' ing, AIC%�a
er or of Plann' g ervices
CITY OF PALM SPRINGS, CALIFORNIA
K
X
EXHIBIT A
Case 5.1154 SP Desert Palisades Specific Plan, CZ and TTM 35540
West End of Racquet Club Road near Tram Way
October 27, 2010
CONDITIONS OF APPROVAL
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
0 ADM 1. Proiect Description. This approval is for the project described per Case
5.1154 SP, CZ, TTM 35540; except as modified with the approved Mitigation
Monitoring Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved specific plan, date stamped December 2009
and as modified in the Track Change copy of the Specific Plan dated 9-1-10,
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Tentative Map. This approval is for Tentative Tract Map 35540, date stamped
December 7, 2009. This approval is subject to all applicable regulations of the
Subdivision Map Act, the Palm Springs Municipal Code, and any other
0 applicable City Codes, ordinances and resolutions.
Resolution No. 6161
Conditions of Approval
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan
Page 2 of
October 27, 201010
ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1154 SP CZ & TTM 35540 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.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, 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.
ADM 8. Time Limit on Approval. Approval of the Tentative Tract Map (TTM) shall be
valid for a period of two (2) years from the effective date of the approval.
Extensions of time may be approved pursuant to Code Section 9.63.110.
Such extension shall be required in writing and received prior to the expiration
of the original approval.
ADM 9. Ri-ght to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 112% for
c�
Resolution No. 6161
Conditions of Approval Page 3 of 24-
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
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.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in -lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community -wide system
and shown on the City's master plan).
ADM 12. Community Services District. The Project will bring a significant number of
additional residents to the community. 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 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.
ADM 13. Tribal Fees Required. As the property is Indian reservation land, fees as
required by the Agua Caliente Band of Cahuilla Indians Tribal Council,
including any applicable habitat conservation plan fees shall be paid prior to
consideration of this project by the Planning Commission.
ADM 14. CC&R's The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning for approval in a format to be approved by the City
Resolution No. 6161
Conditions of Approval
Case 5.1154 SP, CZ, TT'M 35540 Desert Palisades Specific Plan
Page 4of
October 27, 20i 10 0
Attorney. These CC&R's may 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 CC&R's.
ADM 22. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of
building permits, the applicant shall submit a draft declaration of covenants,
conditions and restrictions ("CC&R's") to the Director of Planning for approval
in a format to be approved by the City Attorney. The draft CUR package
shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor -in -interest.
e. A provision shall be included establishing and adequate financial reserve
fund and assuring the maintenance of all roads and infrastructure from the
onset of the development shall be the responsibility of the HOA and that
the developer assumes all maintenance responsibilities until such time as
the lots have been sold and the HOA turned over to the Association.
f. A provision in the CC&R's shall be included prohibiting open storage of
any kind in carports.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may 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,
ADM 23. CC&R's Deposits & Fees. 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 $675 filing fee shall also be paid to the City Planning
Department for administrative review purposes.
ADM 24. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 25. Performance Agreement. Pursuant to PSZC Section 92.21.1.05(J) Prior to
the issuance of any permit for grading or construction of any improvement on
any property within an ESA-SP zone, the developer shall enter into an
agreement with the city, in a form approved by the City Attorney, ensuring,
should the improvement not be completed as permitted, that the land will be
re -naturalized in compliance with the provisions of this section. The
Resolution No. 6161
C Conditions of Approval Page 5 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
O
0
obligations of the developer pursuant to such agreement shall be secured in
amounts required by the City Engineer necessary to complete such re -
naturalization consistent with the provisions of Chapter 9.65 of the Municipal
Code; however, such security shall be in the form of cash, irrevocable letter of
credit, assignment of a certificate of deposit, or similar form of security
approved by the City Manager and the City Attorney.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) NOT required.
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 3. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the negative declaration or EIR
will be included in the plans prior to Planning Commission consideration of
the environmental assessment. Mitigation measures are defined in the
approved project description.
ENV 4. Cultural Resource Survey „Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground -disturbing activities. (check for duplication in
engineering conditions)
ENV 6. a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
Resolution No. 6161
Conditions of Approval Page 6 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability
of Cultural Resource Monitors. Should buried cultural deposits be
encountered, the Monitor shall contact the Director of Planning. After
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to further
investigate the site. If necessary, the Qualified Archaeologist shall
prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning Code and
the outdoor lighting guidelines of the Desert Palisades Specific Plan, shall be
submitted for approval by the Department of Planning prior to issuance of a
building permit. Manufacturer's cut sheets of all exterior lighting on the
building and in the landscaping shall be included. If lights are proposed to be
mounted on buildings, down -lights shall be utilized. No lighting of hillsides is
permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and any state water efficiency ordinances. The applicant shall
submit a landscape and irrigation plan to the Director of Planning for review
and approval prior to the issuance of a building permit. Landscape plans
shall be wet stamped and approved by the Riverside County Agricultural
Commissioner's Office prior to submittal. Prior to submittal to the City,
landscape plans shall also be certified by the Desert Water Agency that they
are in conformance with the State Water Efficient Landscape Ordinance.
Refer to Chapter 8.60 of the Municipal Code for specific requirements. (See
Chapter 8.60.020 for exemptions)
PLN 3. Sign _Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
Resolution No. 6161
Conditions of Approval Page 7 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
PLN 4. Flat Roof Requirements. Roof materials on flat roofs must conform to
California Title 24 thermal standards for "Cool Roofs". Such roofs must have
a minimum initial thermal emittance of 0.75 and minimum initial solar
reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors
such as beige or tan.
PLN 5. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 6. Roof -mounted Equipment. Roof mounted mechanical equipment is
prohibited.
PLN 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential areas.
PLN 8. Pool Enclosure Approval, Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
PLN 9. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 10. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 11. Prior to recordation of the final subdivision map, the developer shall submit for
review and_ approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
may not be terminated or substantially amended without the consent of
the City and the developers successor -in -interest.
PLN 12 No Mass Grading. Mass grading to create large, single -level flat pads is
prohibited.
Resolution No. 6161
Conditions of Approval Page 8 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
PLN 13 Building Pad Height Limitations. Pad heights are not significantly raised
beyond the natural topography. Any pad height more than two (2) feet
above natural topography may be deemed significant.
PLN 14 Drainage. The master plant of drainage shall be implemented.
PLN 15 Retention basins are prohibited where a sufficient master plan of drainage
has been implemented. Street and site plan layout shall follow natural
terrain.
PLN 16 No _asphaltic concrete or grey ..concrete. Streets and paving areas are
paved with decorative or colored concrete or pavers to match color of
existing terrain. Asphaltic concrete shall not be allowed.
PLN 17 No street lighting is allowed.
PLN 18 Restore landscaping. Vegetation removed for utility construction or
maintenance is replaced with appropriate landscaped areas.
PLN 19 Underground Utility Lines. All utility lines are located underground, except
screening from public view in a manner that represents natural desert
landscaping may be allowed when undergrounding is not feasible. 0
PLN 20 Water lines in street right-of-way. All water lines located in public or
private street rights -of -way are located within the pavement sections.
PLN 21 Easement for water lines not in street right-of-way. Water lines located
outside of rights -of -way require waterline easements.
PLN 22 Blend color of water storage facility. Any visible portion of a water storage
facility has an exterior color to match surrounding native stone, soil color
or backdrop.
PLN 23 Coordinate with DWA. Location and design of water storage facilities are
coordinated in advance with the Desert Water Agency.
PLN 24 Location of water storage facilities. Water tanks are not located on slopes
greater than 3:1.
PLN 25 Wastewater lines in street right-of-way. All wastewater lines, including
force mains, located in public or private street rights -of -way are located
within the pavement sections.
PLN 26 Easement for wastewater fines not in street ri ht-of-wa . Wastewater
lines located outside of rights -of -way require sewer line easements that
include full vehicular and equipment access.
Resolution No. 6161
Conditions of Approval Page 9 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
PLN 27 Exterior Building Colors. All exterior colors, materials and finishes blend
with the color and texture of surrounding stone or soil.
PLN 28 No Reflective Materials. Reflective building materials are not used. Solar
panels shall be non -reflective.
PLN 29 Blend with terrain. The forms of buildings, structures and other
improvements are not repetitive, but respect and interpret the forms of the
surrounding landscape and present a custom design appearance.
PLN 30 Avoid massive building forms. Stepped elevations and floor levels are
used to avoid massive building forms and wall surfaces.
PLN 31 Screen mechanical equipment. All exterior mechanical equipment is
screened with material that complements the surrounding structures and
environment.
PLN 32 Project pates, if proposed, shall be limited to vehicular access control only.
PLN 33 Proiect signage shall be designed to blend with the natural environment.
PLN 34 Curbs. No curbs shall be allowed.
PLN 35 Interpretative Center. At least one nature interpretive center in each
planning area shall be provided as part of the development of the public
trails system, if applicable.
PLN 36 Planning Commission aporoval required for common area landscaain
boulder berms and interpretative center(s). The design of landscaping in
all common areas such as the entry feature, trail heads, perimeter boulder
berms and open space, as well as the interpretative center(s) required by
the ESA-SP zone development standards, shall be submitted to the
Planning Commission for approval prior to submission for building permits.
The Planning Commission review and approval shall include all
landscaping, boulder berms, grading, proposed trails, interpretative
center(s), site furnishings and structures, and construction staging areas.
Minor changes to approved grading plans caused by unanticipated field
conditions will be processed at the staff level. Major changes in grading
will be resubmitted to the Planning Commission for approval.
PLN 37 6,000 square foot lot coverage. The lot coverage for any lot within the
Desert Palisades Specific Plan shall be 6,000, regardless of lot size.
Merged or combined lots are not entitled to greater square footage of lot
coverage.
Resolution No. 6161
Conditions of Approval Page 10 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010 0
PLN 38 Control of vehicular gates into the Desert Palisades Specific Plan
subdivision. The subdivision may be provided with controlled access
vehicular gates at the main entrances to the subdivision, however the
gates shall be programmed to remain open during the daytime, from 8:00
a.m. until 8:00 p.m. and closed from 8:00 p.m. until 8:00 a.m. daily.
Emergency access gates (Sanborn Road and Tram Way) may remain
closed except for emergency access.
PLN 39 Planning _ Commission Approval Required Future development
applications for individual homes or changes in the common areas of the
Desert Palisades Specific Plan shall require Planning Commission
approval pursuant to PSZC Section 94.04.00 (Architectural Approval) and
93.13.00 (Hillside Development). Submittals shall include a 3-dimensional
representation of the proposed development, either in the form of a model,
or computer -generated 3-dimensional simulation and story poles mounted
on the site to demonstrate the proposed height of the development.
PLN 40 Tennis Courts. Shall be conditionally permitted subject to conformance
with the Design Guidelines of the Desert Palisades Specific Plan and
approval by the Planning Commission. 0
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on -site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
GENERAL
ENG 1. The applicant shall comply with all required Standard Conditions and Mitigation
Measures identified in the Final Environmental Impact Report, whether or not
Resolution No. 6161
Condi#ions of ApprovA
Case 5.1154 SP, CZ, lTM 35540 Desert Palisades Specific Plan
Page 11 d 24
October 27, 2.010
restated in these conditions of approval. All required plans shall be prepared in
conformance with all applicable Standard Conditions and Mitigation Measures.
ENG 2. Development of the site is subject to all applicable provisions of Chapter
92.21.1.05 "Design Standards" of the Palm Springs Zoning Code, whether or not
restated in these conditions of approval. All required plans shall be prepared in
conformance with all applicable provisions of the Code.
STREETS
ENG 3. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 4. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to approval of a final map.
ENG 5. In accordance with Chapter 92.21.1.05 "Design Standards" of the Palm Springs
Zoning Code, streets and paved areas shall be paved with decorative or colored
concrete or pavers to match color of existing terrain. Asphaltic concrete shall not
be allowed. All exterior colors, materials and finishes shall blend with the color
and texture of surrounding stone or soil.
ENG 6. In accordance with Chapter 92.21.1.05 "Design Standards" of the Palm Springs
Zoning Code, project gates, if proposed, shall be limited to vehicular access
control only. Pedestrian access into and through the site shall be maintained at
all times.
TRAM WAY (PRIVATE)
ENG 7. The applicant shall coordinate with the San Jacinto Winter Park Authority
regarding construction scheduling and work occurring on Tram Way.
ENG 8. The applicant shall be responsible for constructing full width improvements to
Tram Way within the boundary of the project, consisting of a 40 feet wide street
section with rolled curb and gutter, in accordance with a special street section for
Tram Way approved by the San Jacinto Winter Park Authority. As an alternative,
if approved by the San Jacinto Winter Park Authority, construction of the
improvements may be deferred for completion by others on the condition that the
applicant pays an in lieu fee to the San Jacinto Winter Park Authority
representing the cost of the required improvements (subject to review and
approval).
ENG 9. A gated entry for emergency access shall be constructed on Tram Way. An
Opticom or Tomar system (or approved equal) for automatic operation by
Resolution No. 6161
Conditions of Approval Page 12 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010 0
emergency vehicles, with uninterrupted power supply (battery back-up), shall be
installed, meeting the approval of the Fire Marshall.
ENG 10. All broken or off grade street improvements shall be repaired or replaced.
RACQUET CLUB ROAD
ENG 11. Construct an appropriate taper or other transition as approved by the City
Engineer, from the end of Racquet Club Road. The gated Main Entry shall be
located on -site with an appropriate turn -around area for vehicles. An Opticom or
Tomar system (or approved equal) for automatic operation by emergency
vehicles, with uninterrupted power supply (battery back-up), shall be installed,
meeting the approval of the Fire Marshall.
ENG 12. All broken or off grade street improvements shall be repaired or replaced.
SANBORN WAY
ENG 13. A gated entry for emergency access shall be constructed on Sanborn Way. An
Opticom or Tomar system (or approved equal) for automatic operation by
emergency vehicles, with uninterrupted power supply (battery back-up), shall be()
installed, meeting the approval of the Fire Marshall.
ENG 14. All broken or off grade street improvements shall be repaired or replaced.
ON -SITE PRIVATE STREETS
ENG 15. All centerline radii shall be a minimum of 130 feet.
ENG 16. Dedicate an easement (40 feet wide) over the private streets to the City of Palm
Springs for public utility purposes, with the right of ingress and egress for service
and emergency vehicles and personnel.
ENG 17. Dedicate an easement over the emergency access roads to the City of Palm
Springs for ingress and egress for service and emergency vehicles and
personnel.
ENG 18. The alignment of the ingress and egress lanes of the Main Entry is subject to
review and approval by the City Engineer. In accordance with Mitigation
Measure (MM) 3.15-3(a) of the Final Environmental Impact Report, the gated
access shall include adequate vehicle maneuvering and stacking space to avoid
conflicts with internal and external traffic and circulation patterns. Adequate
stacking capacity (100 feet minimum) and a turn -around shall be provided in
advance of the gate.
Resolution No. 6161
Conditions of Approval Page 13 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
ENG 19. Construct a concrete edge band, 12 feet on both sides of centerline along the
entire frontages. The on -site streets shall be constructed with an inverted cross-
section with a 3 feet wide concrete gutter along centerline. The pavement
section shall be constructed using decorative colored concrete or pavers, with a
pavement section capable of supporting emergency equipment weighing up to
73,000 pounds. Adjacent 8 feet wide shoulders shall be constructed with
crushed native rock.
ENG 20. Construct a concrete edge band, 10 feet on both sides of centerline extending
the length of the emergency access roads from Tram Way and Sanborn Way.
The emergency access roads shall be constructed with a typical crowned or
inverted cross-section with a 3 feet wide concrete gutter along centerline. The
pavement shall be constructed using decorative colored concrete or pavers with
a pavement section capable of supporting emergency equipment weighing up to
73,000 pounds.
ON -SITE
ENG 21. Dedicate an easement to the City of Palm Springs over the public trails proposed
within the project.
ENG 22. Access easement dispute. There is currently a dispute regarding the existence
of a road right-of-way over the Applicant's property benefiting the neighboring 5-
acre property owned by Mr. Richard Kluszczynski. Prior to recordation of a final
map, this dispute shall be resolved, either through mutual agreement of the
Applicant and Mr. Kluszczynski or a final judicial determination.
ENG 23. The old Chino Canyon Road alignment shall be protected in place and used as a
pedestrian trail connecting the Little Tuscany neighborhood westerly through the
project.
ENG 24. Hiking trails shall remain open to the public. Provisions for maintaining public
access to hiking trails extending through the project shall be included in the
Covenants, Conditions, and Restrictions (CC&R's) required for this project. In
accordance with Mitigation Measure (MM) 3.13-4 of the Final Environmental
Impact Report, the applicant shall implement additional security measures
related to the public trails prior to occupancy of any future homes.
ENG 25. In accordance with Mitigation Measure (MM) 3.4-1 of the Final Environmental
Impact Report, the applicant shall dedicate to the City of Palm Springs
approximately 9.4 acres of hillside area within the project boundaries as open
space for the Mountains and Canyons Conservation Area (MCCA) of the Tribal
Habitat Conservation Plan (THCP).
SANITARY SEWER
Resolution No. 6161
Conditions of Approval
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Sper.ifi., Plan
Page 14 of 24
Oc tober 27, 2010 0
ENG 26. All on -site sewer systems shall be privately maintained by a Home Own ers
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.
ENG 27. Sewer improvement plans prepared by a California registered civil engineer shall
be submitted to and approved by the City Engineer prior to approval of a final
map. Sewer design shall meet or exceed public sewer design requirements as
established by the City Engineer.
ENG 28. In accordance with Chapter 92.21.1.05 "Design Standards" of the Palm Springs
Zoning Code, all sewer mains located in private street rights -of -way shall be
located within the pavement sections. Sewer lines located outside of rights -of -
way shall require separate sewer easements that include full vehicular and
equipment access.
ENG 29. Construct an 8 inch vitrified clay pipe sewer main within all on -site streets located
5 feet from centerline or as required by the City Engineer and connect to the
existing public sewer system at the west end of Racquet Club Road.
GRADING 0
ENG 30. Mass grading of the site shall be prohibited.
ENG 31. Rock Crushing. Rock crushing operations shall be limited to off -site locations
only, as analyzed within the project's EIR. On -site rock crushing for the
individual home sites is not permissible under this Specific Plan.
ENG 32. Initial rough grading of the site shall be limited to that which is required for
construction of the on -site utility and street infrastructure. In accordance with
Mitigation Measure (MM) 3.3-1(a) of the Final Environmental Impact Report,
grading of the on -site utility and street infrastructure shall be coordinated with
and scheduled not to coincide with grading activities on the Desert Water Agency
reservoir site.
ENG 33. A grading plan for the Desert Water Agency reservoir site shall be submitted to
and approved by the City Engineer prior to issuance of a grading permit. In
accordance with Mitigation Measure (MM) 3.5-1 of the Final Environmental
Impact Report, a Phase 2 investigation of certain archaeological sites shall be
completed prior to development of the Desert Water Agency reservoir site.
ENG 34. Rough grading of residential lots within the project is subject to separate
architectural approvals of each individual lot on a case by case basis, in
accordance with the development standards for Planning Area 4 of the ESA-SP .JJ
Zone, as defined by the Desert Palisades Specific Plan (Case 5.1154).
Resolution No. 6161
Conditions of Approval Page 15 of 24
Case 5.1154 SP, CZ, TfM 35540 Desert Palisades Specific Plan October 27, 2010
ENG 35. For the residential portion of the site, the on -site street improvement plans shall
identify all required cut and fill slope requirements and shall be used as grading
plans for that portion of the site. In accordance with Chapter 92.21.1.05 "Design
Standards" of the Palm Springs Zoning Code, the following principles shall apply
to the design of the on -site streets:
a) The vertical profile shall be aligned to closely match the existing natural
terrain.
b) Curvilinear alignments and gently rolling profiles shall be consistent with site
topography.
c) Excavations and embankments shall be limited to the greatest extent
possible. Maximum slope gradients within ten (10) feet of the roadway edge
shall not exceed 4:1 for fill slopes and 3:1 for cut slopes.
d) Roadway slopes shall not- create a continuous wall or cutlfill condition, but
shall vary in height and present an undulating appearance consistent with the
natural slope.
e) Slopes shall be rounded to blend into the existing terrain to produce a
contoured transition.
ENG 36. The applicant's contractors 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 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's contractor shall provide the Engineering Division with
current and valid Certificates of Completion from AQMD for staff that has
completed the required training. For information on attending a Fugitive Dust
Control Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact AQMD at
(909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be
submitted to and approved by the Engineering Division prior to approval of plans,
which shall be approved by the City Engineer prior to issuance of any permits.
ENG 37, In accordance with Standard Condition (SC) 3.5-1 of the Final Environmental
Impact Report, approved Native American cultural resource monitors and
archaeological monitors shall be present during all ground disturbing activities.
The applicant shall contact the Tribal Historic Preservation Officer or the Tribal
Archaeologist at (760) 699-6800, to coordinate scheduling of monitors prior to
construction. No permits shall be issued for ground disturbance activities until
Resolution No. 6161
Conditions of Approval Page 16 of 24 /�'
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010 t` J�
evidence is provided to the City Engineer demonstrating that monitoring by
approved Native American cultural resource monitors has been coordinated by
the applicant.
ENG 38. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing
shall be installed. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after issuance
of Grading Permit, and immediately prior to commencement of grading
operations.
ENG 39. Perimeter fence screening shall be appropriately maintained, as required by the
City Engineer. Cuts (vents) made into the perimeter fence screening shall not be
allowed. Perimeter fencing shall be adequately anchored into the ground to
resist wind loading.
ENG 40, Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas on -
site shall be permanently stabilized, in accordance with Palm Springs Municipal
Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter
fencing shall be removed, as required by the City Engineer.
ENG 41. Prior to issuance of any permit for ground disturbance activities, the applicantk
shall provide verification to the City that applicable fees have been paid to the
Agua Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat
Conservation Plan (THCP).
ENG 42. Notice of Intent to comply with the California General Construction Stormwater
Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is
required for the proposed development via the California Regional Water Quality
Control Board (Phone No. (760) 346-7491). A copy of the executed letter issuing
a Waste Discharge Identification (WDID) number shall be provided to the City
Engineer prior to issuance of a permit.
ENG 43. Construction of this project must comply with the General Permit for Stormwater
Discharges Associated with Construction Activity, and shall prepare and
implement a Stormwater Pollution Prevention Plan (SWPPP). Where applicable,
the project applicant shall cause the approved final project -specific WQMP to be
incorporated by reference or attached to the project's SWPPP as the Post -
Construction Management Plan. A copy of the up-to-date SWPPP shall be kept
at the project site and be available for review upon request.
ENG 44. 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 erosionlblowsand
relating to this property and development.
Resolution No. 6161
Conditions of Approval Page 17 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
ENG 45. Prior to issuance of any permit within an Environmentally Sensitive Area --
Specific Plan (ESA-SP) zone, the applicant shall enter into an agreement with
the City, as approved by the City Attorney and City Engineer, ensuring that the
land will be re -naturalized should the improvement covered by the permit not be
completed, in accordance with the City of Palm Springs Zoning Code Section
92.21.1.05. The agreement shall be secured in amounts required by the City
Engineer to complete re -naturalization consistent with the provisions of Chapter
9.65 of the Palm Springs Municipal Code; such security shall be in the form of
cash, irrevocable letter of credit, assignment of a certificate of deposit, or similar
form of security, as approved by the City Manager and City Attorney.
ENG 46. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the plans
for the project. A copy of the GeotechnicallSoils Report shall be submitted to the
Engineering Division with the first submittal of any plans.
ENG 47. The applicant shall provide all necessary geotechnicallsoils inspections and
testing in accordance with the GeotechnicallSoils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
plans shall be certified by a California registered geotechnical or civil engineer,
certifying that all construction was performed in accordance with the
GeotechnicallSoils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided. No final approval will be
issued until the required certification is provided to the City Engineer.
WATER QUALITY MANAGEMENT PLAN
ENG 48. A Final Project -Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a permit.
The WQMP shall address the implementation of operational Best Management
Practices (BMP's) necessary to accommodate nuisance water and storm water
runoff from the site. Direct release of nuisance water to adjacent properties is
prohibited. Construction of operational BMP's shall be incorporated into required
plans.
ENG 49. Prior to issuance of any permit, the property owner shall record a "Covenant and
Agreement" with the County -Clerk Recorder or other instrument on a
standardized form to inform future property owners of the requirement to
implement the approved Final Project -Specific WQMP. Other alternative
instruments for requiring implementation of the approved Final Project -Specific
WQMP include: requiring the implementation of the Final Project -Specific WQMP
in Home Owners Association or Property Owner Association Covenants,
Conditions, and Restrictions (CC&R's); formation of Landscape, Lighting and
Maintenance Districts, Assessment Districts or Community Service Areas
responsible for implementing the Final Project -Specific WQMP; or equivalent.
Resolution No. 6161
Conditions of Approval Page 18 of 24
Case 5.1154 SP, CZ, TfM 35540 Desert Palisades Specific Plan October 27, 2010 0
Alternative instruments must be approved by the City Engineer prior to the
issuance of any permit.
ENG 50. Prior to any final City approvals, the applicant shall: (a) demonstrate that all
structural BMP's have been constructed and installed in conformance with
approved plans and specifications; (b) demonstrate that applicant is prepared to
implement all non-structural BMP's included in the approved Final Project -
Specific WQMP, conditions of approval, or grading/building permit conditions;
and (c) demonstrate that an adequate number of copies of the approved Final
Project -Specific WQMP are available for the future owners (where applicable).
ENG 51. The project site design does not provide for retention of the incremental increase
of stormwater runoff due to development of the entire site. Grading plans of
individual home sites within the project, subject to separate architectural approval
on a case by case basis, and the grading plan for the Desert Water Agency
reservoir site, shall incorporate on -site retention as required by the City Engineer.
ENG 52. In accordance with Chapter 92.21.1.05 "Design Standards" of the Palm Springs
Zoning Code, development of the site shall preserve existing drainage patterns,
natural streams and local watershed boundaries. Future residential development
of individual lots shall be required to preserve existing drainage channels that
may extend across the lot. Provisions for protecting existing drainage channels
and maintaining natural drainage systems, acceptable to the City Engineer, shall
be included in the Covenants, Conditions, and Restrictions (CC&R's) required for
this project.
ENG 53. This project includes and is subject to the design and construction of the upper
segment of Line 2, as identified on the Master Drainage Plan for the Palm
Springs Area. The applicant proposes, subject to Riverside County Flood
Control & Water Conservation District (RCFC) approval, to construct that portion
of Line 2 extending through the project site as an on -site stormwater detention
facility until such time as Line 2 is fully extended in accordance with the Master
Drainage Plan. At the time that Line 2 is extended in the future to convey on -site
storm water runoff to the Whitewater River, the applicant shall be required to
remove and replace, modify or otherwise improve the segment of Line 2
extending through the project site to function as a permanent flood control facility
as required by RCFC.
ENG 54. The design and construction of Line 2, as identified on the Master Drainage Plan
for the Palm Springs Area, is subject to the review and approval by Riverside
County Flood Control & Water Conservation District (RCFC). The alignment of
Line 2 shall be revised as required by RCFC, and the northerly end of Line 2
adjacent to Street "A" shall be relocated to the east property line to facilitate
Resolution No. 6161
Conditions of Approval Page 19 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
future extension of Line 2 as shown on the Master Drainage Plan. Submit storm
drain plans prepared by a California registered civil engineer to RCFC for review
and approval.
ENG 55. On a final map, the applicant shall provide an irrevocable offer of dedication to
the City of Palm Springs for an easement for storm drainage purposes over the
alignment of Line 2 as approved by RCFC and the City Engineer. The offer of
dedication shall be rejected, and pursuant to California Government Code
Section 66477.2 (a), the City shall rescind the rejection and accept the offer of
dedication at such time as Line 2 is fully extended in accordance with the Master
Drainage Plan, and Line 2 is reverted from use as a privately maintained on -site
stormwater detention facility to a publicly maintained storm drain facility.
ENG 56. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable . to the City Engineer. For all
stormwater runoff falling on the site, on -site retention or other facilities approved
by the City Engineer shall be required to contain the increased stormwater runoff
generated by the development of the property, as described in the Preliminary
Hydrology Report for TTM35540, prepared by MSA Consulting, Inc., dated July
1, 2009 (or as may be amended). Final retention basin sizing and other
stormwater runoff mitigation measures shall be determined upon review and
approval of the hydrology study by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the final
hydrology study.
ENG 57. This project will 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, will 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. 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.
ENG 58. Until such time as Line 2 is fully extended in accordance with the Master
Drainage Plan, and while Line 2 extending through the project site is used as an
on -site stormwater detention facility, Line 2 shall be privately maintained.
Provisions for maintenance of Line 2, including obligations to remove and
replace, modify or otherwise improve the segment of Line 2 extending through
Resolution No. 6161
Conditions of Approval Page 20 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010 0
the project site to function as a publicly maintained storm drain facility as required
by RCFC, shall be included in Covenants, Conditions and Restrictions (CC&R's)
required for this project.
ENG 59. The project is subject to flood control and drainage implementation fees. The
drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189.
Costs related to the design and construction of Line 2, if Line 2 will ultimately be
operated and maintained by RCFC, may be credited against drainage fees
otherwise due.
GENERAL
ENG 60. Any utility trenches or other excavations within existing asphalt concrete
pavement of off -site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off -site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner
Verizon, etc.). Multiple excavations, trenches, and other street cuts within
existing asphalt concrete pavement of off -site streets required by the proposed
development may require complete grinding and asphalt concrete overlay of the
affected off -site streets, at the discretion of the City Engineer. The pavement
condition of the existing off -site streets shall be returned to a condition equal to or
better than existed prior to construction of the proposed development.
ENG 61. All proposed utility lines shall be installed underground.
ENG 62. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on -site, abutting, and/or
transecting, shall be installed underground unless specific restrictions are shown
in General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities. The existing overhead utilities
across the south side of Tram Way extending through the project site meet the
requirement to be installed underground. Utility undergrounding shall extend to
the nearest off -site power pole; no new power poles shall be installed unless
otherwise approved by the City Engineer. A letter from the owners of the affected
utilities shall be submitted to the Engineering 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
Resolution No. 6161
Conditions of Approval
Case 5.1154 SP, CZ, TTM 36540 Desert Palisades Specific Plan
Page 21 of 24
October 27, 2010
area of the project to be undergrounded. Undergrounding of existing overhead
utility lines shall be completed prior to issuance of a certificate of occupancy.
ENG 63. 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.
ENG 64. 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.
ENG 65. 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
final approvals. Any modifications or changes to approved improvement plans
shall be submitted to the City Engineer for approval prior to construction.
ENG 66. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
MAP
ENG 67. On the final map, the applicant shall make and provide for all required
dedications and easements as required in these conditions of approval.
ENG 68. In accordance with Mitigation. Measure (MM) 3.5-1 of the Final Environmental
Impact Report, a Phase 2 investigation of certain archaeological sites shall be
completed prior to approval of a final map.
ENG 69. 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 final map. The final map
shall be approved by the City Council prior to issuance of building permits.
ENG 70. In accordance with Section 66434 (g) of the Government Code, the existing
public right-of-way for Chino Canyon Road extending through the property may
be abandoned upon the filing of a final map identifying the abandonment of the
right-of-way granted to the City of Palm Springs.
Resolution No. 6161
Conditions of Approval Page 22 of 24
Case 5.1154 SP, CZ, TfM 35540 Desert Palisades Specific Plan October 27, 2010
ENG 71. In accordance with Mitigation Measure (MM) 3.6-5(b) of the Final Environmental
Impact Report, all applicable Standard Conditions and Mitigation Measures
related to future individual home construction shall be included in Covenants,
Conditions, and Restrictions (CC&R's) required for the project. A copy of draft
CC&R's shall be submitted to the City Attorney for review and approval prior to
approval of a final map.
ENG 72. In accordance with Standard Condition (SC) 3.13-2(a) and 3.13-11, the applicant
shall annex the property into City of Palm Springs Community Facilities District
(CFD) 2005-1 to fund future emergency services, in conjunction with the
recordation of a final map.
ENG 73. 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 CDROMIDVD containing then
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) 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.
TRAFFIC
ENG 74. Prior to approval of a final map, the applicant shall pay a fair share contribution of
$14,610 (equivalent to 4.87%) for design and construction of a future traffic
signal at the intersection of N. Palm Canyon Drive and Via Escuela.
ENG 75. Construction signing, lighting and barricading shall be provided during all phases
of construction as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading shall be in
accordance with Part 6 "Temporary Traffic Control" of the California Manual on
Uniform Traffic Control Devices for Streets and Highways, dated September 26,
2006, or subsequent editions in force at the time of construction.
FIRE DEPARTMENT CONDITIONS O
Resolution No. 6161
Conditions of Approval Page 23 of 24
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
These conditions are subject to final plan check and review. Initial fire department
conditions have been determined on the preliminary site plan dated received 12/26/07.
Additional requirements may be required at that time based on revisions to site plans.
FID 1. 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.
FID 2. Fire Hazard Severity Zone: Applicant's project is located in a Fire Hazard
Severity Zone determined by the State of California. Wild land Building
Standards and Wild land Urban Interface requirements will need to be
included in this project.
FID 3. Secondary Fire Department Access: The secondary access point from
Tram Way Road meets fire department requirements.
FID 4. 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:
a. 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.
FID 5. 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.
FID 6. 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)
FID 7. 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)
FID 8. 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.
Resolution No. 6161
Conditions of Approval Page 24 of 24 r^y
Case 5.1154 SP, CZ, TTM 35540 Desert Palisades Specific Plan October 27, 2010
FID 9. 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)
FID 10. 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, contractor shall submit a completed
Contractor's Material and Test Certificate to the Fire Department. (9-2.1
NFPA 24 1995 edition)
FID 11. 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 0
FID 12. Chemical Rock Splitting. Nonex, along with other "high energy"
explosives used for blasting operations is currently prohibited by the Palm
Springs Fire Department. The fire department will approve non -explosive
methods for rock splitting. Crackamite and Rock Frac have been deemed
as acceptable products to perform rock splitting procedures by the Palm
Springs Fire Department. There may be others that perform in a similar
manner.
END OF CONDITIONS