HomeMy WebLinkAboutPC Resolution _6313- Case 5.0996 PD 294 TERESOLUTION NO. 6313
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF PALM SPRINGS, CALIFORNIA APPROVING A ONE-YEAR TIME
EXTENSION FOR PLANNED DEVELOPMENT DISTRICT 294 FROM
OCTOBER 16, 2012 TO OCTOBER 15, 2013; A PREVIOUSLY
APPROVED 79-LOT HIGH -END SINGLE-FAMILY RESIDENTIAL
DEVELOPMENT ON APPROXIMATELY 42-ACRE SITE LOCATED
ALONG WEST OF RACQUET CLUB ROAD, AND SOUTH OF
TRAMWAY. AND WEST OF VISTA GRANDE ROAD; ZONE R-1-A 1
PDD 294, SECTION 3.
WHEREAS, Wessman Development, ("Applicant") has filed an application with the City
pursuant to Section 94.04.00(H) and 94.04.00(1)(1) of the Palm Springs Zoning Code
and Chapter 9.63.110 of the Palm Springs Municipal Code for a one-year time
extension to commence construction for PD 294; and
WHEREAS, on January 23, 2013, a public meeting on the time extension request was
held by the Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Department has reviewed this project under the provisions of
the California Environmental Quality Act (CEQA), and has determined that a time
extension request is considered a "project" pursuant to the terms of the California
Environmental Quality Act (CEQA). A Final Environmental Impact Report was
previously certified by the City Council on October 17, 2007 for the project. Pursuant to
Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, further
environmental documentation is not necessary because the changed circumstances of
the project will not result in any new significant environmental effects or a substantial
increase in the severity of previously identified significant effects. The time extension
request would not result in any new environmental impacts beyond those already
assessed in the certified environmental impact report.
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
Planning Commission Resolution No. 6313
Case No. 5.0996-PD 294
January 23, 2013
Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby approves a one-year time extension for PD 294 from October 16,
2012 to October 15, 2013.
ADOPTED this 23rd day of January 2013.
AYES: 5, Klatchko, Calerdine, Roberts, Vice Chair Hudson and Chair Donenfeld
NOES: None
ABSENT: 2, Munger and Weremuik
ABSTAIN: None
ATTEST:
r r win Ff
Director of PIrvices
CITY OF PALM SPRINGS, CALIFORNIA
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CASE No. 5.0996 PD-294 (CRESCENDO)
PLANNED DEVELOPMENT DISTRICT 294(PD 294)
TENTATIVE TRACT MAP 31766
APN # 504-040-046
1000 WEST OF RACQUET CLUB - WESSMAN DEVELOPMENT
CONDITIONS OF APPROVAL
.January 23, 2013
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PLANNING DEPARTMENT:
Administrative:
The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. The owner shall defend, 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 5.0996, PD-294 and TTM
31766. 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
Conditions of Approval
5.0996 PD-2941 TrM 31766
January 23, 2013
Page 2 of 21
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abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
3. The property owner(s) and successors and assignees in interest shall maintain
and repair the improvements including and without limitation sidewalks, bikeways,
parking areas, landscape, irrigation, lighting, signs, walls, and fences between the
curb and property line, including sidewalk or bikeway easement areas that extend
onto private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all federal,
state, and local bodies and agencies having jurisdiction at the property owner's
sole expense. This condition shall be included in the recorded covenant
agreement for the property if required by the City.
4. Prior to recordation of the final map or, at the City's option, prior to issuance of
certificate of occupancy, the developer agree to support formation of or annexation
into a Community Facilities District (CFD) to include the project site. Developer
further agrees to waive any right of protest or contest such formation or
annexation, provided that the amount of any assessment for any single family
dwelling unit (or the equivalency thereof when applied to multiple family,
commercial or industrial) as established through appropriate study shall not
exceed $500 annually per dwelling unit or dwelling unit equivalency unit, subject to
an annual consumer price index escalator. Prior to sale of any lots, or prior to the 0
issuance of any certificate of occupancy, or prior to any approval of the Building
Official that will allow the premises to be occupied, the CFD shall be formed, the
annexation thereto shall occur, or at the option of the City Manager and Building
Official, a covenant agreement may be recorded against any affected parcel(s)
with the project, evidencing the Owner's binding consent, approval, and waiver of
rights as provided in this condition of approval.
5. 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
Services for approval in a form to be approved by the City Attorney, to be recorded
prior to certificate of occupancy. The CC&R's shall be enforceable by the City,
shall not be amended without City approval, and shall require maintenance of all
property in a good condition and in accordance with all ordinances.
6. 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 $631 filing fee, or the
fee in effect at the time of submission, shall also be paid to the City Planning
Department for administrative review purposes.
7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made.
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Conditions of Approval
5.0996 PD-294 ! TTM 31766
January 23, 2013
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Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland.
8. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total
building permit valuation as calculated pursuant to the valuation table in the
Uniform Building Code, the fee being 1.2% for commercial projects or 1/% for
residential projects with the first $100,000 of total building permit valuation for
individual single-family units exempt. Should the public ark be based 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.
9. 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 and cultural services are near
capacity. Accordingly, the City may determine to form a Community Services
District under 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 of 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.
Environmental Assessment:
10. The mitigation measures of the environmental impact report shall apply. The
applicant shall submit a signed agreement that the mitigation measures outlined as
part of the final environmental impact report will be included in the plans prior to
Planning Commission consideration of the environmental assessment
Final Design:
11. If, within two (2) years after the date of approval by the City Council of the
preliminary development plan, the final development plan, as indicated in Section
94.03.00(1), has not been approved as provided below in Condition #12, the
procedures and actions which have taken place up to that time shall be null and
void and the Planned Development District and Tentative Tract Map shall expire.
Extensions of time may be allowed for good cause.
Conditions of Approval January 23, 2013
5.0996 Pb-294 / TTM 31766 Page A of 21
12. The final development plans shall be submitted in accordance with Section
94.03.00 of the Zoning Ordinance. Final construction plans shall include site
plans, building elevations, floor plans, roof plans, fence and wail plans, entry
plans, landscape plans, irrigation plans, exterior lighting plans, street
improvement plans and other such documents as required by the Planning
Commission and City Council. Final construction plans shall be submitted within
two years of approval. The Final Planned Development District shall be reviewed
and approved by the Planning Commission and City Council.
13. Pad heights and roof elevations shall be specified for each lot as a part of the
Final Development Plan.
14. No retention basin may extend past property lines of the project site.
15. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & Zoning prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to issuance of a building permit.
If lights are proposed to be mounted on buildings, down -lights shall be utilized.
16. If lights are proposed to be mounted on buildings, down -lights shall be utilized
17. A photometric study shall be required for the entries.
Architecture and Landscaping:
18. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning Services for review and approval
prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal
Code for specific requirements.
19. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per City
of Palm Springs Engineering specifications.
20. No exterior down spouts shall be permitted on any fagade on the proposed
building(s) that are visible from adjacent streets or residential land commercial
areas.
21. The design, height, texture and color of fences and walls shall be submitted for
review and approval prior to issuance of building permits. All walls shall be located
back from top of slope to permit screening by landscaping and stacked boulders.
Walls and fences shall be adequately and entirely screened by stacked boulders.
Conditions of Approval January 23, 2013
5.0996 PD-294 / 17M 31766 Page 5 of 21
22. The street address numbering/lettering shall not exceed eight inches in height.
23. Details of fencing (materials and color) submitted with final landscape plan.
24. The retention areas shall be fenced; they shall be opened and fully landscaped.
(added by the City Council on 10/17/07)
25. All proposed walls shall be located back from the top of slope and shall be
screened by landscaping and boulders. (added by the City Council on 10/17/07)
26. The developer shall be required to construct split level designs where possible
within the new subdivision. (added by the City Council on 10/17/07)
27. The path of travel to the common trail area shall be compliant with the disabled
access codes.
28. Front and rear yards shall be fully landscaped prior to issuance of a certificate of
occupancy. The landscape palate shall utilize drought tolerant species. Planting
of turf shall be prohibited from front yards. Turf shall otherwise be limited to
active recreation areas in rear yards only (including private yards). The utilization
of desert vegetation shall be incorporated throughout the project site. The
0 developer shall be responsible for installation of front and rear yard landscape,
irrigation and exterior lighting. The HOA will be responsible for enforcement of
these requirements.
29. Planned Development District (PD 294) development standards are approved as
follows:
Front Yard 10', with 20' to face of garage
Side Yard -- Interior Lot 10'
Side Yard — Comer Lot 12'
Rear Yard — lot to lot 15,
Rear Yard — backing to Local or Collector street 15'
Rear Yard — Backing to Major Street 25'
Height — Dominant ridgeline 18'
Projections and architectural features 21'
Second Story maximum size 500 square feet
a) No second story units allowed along perimeter of the project or adjacent to another
second story unit. Second story units shall be limited to a maximum of 25% of the
total number of lots (19 total).
27. A perimeter pedestrian trail, a minimum of 6' (six foot) in width shall be required
around the project. A minimum of three shaded seating areas, with water
fountains and trash receptacles, shall be required. The specific locations of the
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Conditions of Approval January 23. 2013
5.0996 PD-294 ! TTM 31766 Page 6 of 21
seating areas shall be selected in consideration of maximizing views, while also
maintaining the privacy of adjacent parcels.
28. Hillside related conditions:
a) Disturbed areas not proposed for development shall be re -naturalized and re -
vegetated.
b) Utilize low lighting levels to avoid glare
c) All public utilities shall be located underground.
d) Plant species native to the immediate region shall be used in all non -
recreational landscaping located in or adjacent to open space areas.
e) Project perimeters, slopes and retention basins shall be re -naturalized
through the use of boulders and heavy landscaping.
f) Special attention shall be taken to re -naturalize slopes and areas adjacent to
project perimeters with boulders and heavy landscaping to the satisfaction of
the Director of Planning Services
g) Rock crushing — all sizes of rocks and boulders shall be retained for use in re -
naturalizing slopes, which represent existing natural diversity of rock sizes.
h) Retaining walls visible from streets shall be completely covered by stacked
boulders.
General/Grading:
29. Maximum pad heights shall be specified for each lot and shall be approved as
part of the Final Planned Development District.
30. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of
the Municipal Code for specific requirements.
31. The grading plan shall show the disposition of all cut and fill materials. Limits of
site disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
32. Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide
and 6" deep. The irrigation system shall be tested prior to final approval of the
project. Section 14.24.020 of the Municipal Code prohibits nuisance water from
entering the public streets, roadways or gutters.
POLICE DEPARTMENT:
33. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT: 0
[•
Conditions of Approval
5.0996 PD-294 ! TfM 31766
January 23, 2013
Page 7 of 21
34. Prior to any construction on —site, all appropriate permits must be secured.
FIRE:
35. 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)
36. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less
than 13' 6".
37. Locked gate(s) shall be equipped with a KNOX key switch device or Key box.
Contact the Fire Department at 323-8186 for a KNOX application form. (902.4
CFC)
38. Project is ' beyond five-minute response time from the closest fire station and
therefore automatic Fire Sprinkler System is required.
39. Approved numbers or addresses shall be provided for all new and existing
buildings in such a position as to be plainly visible and legible from the street or
road fronting the property. (901.4.4 CFC) Show location of address on plan
elevation view. Show requirement and dimensions of numbers in plan notes.
0 Numbers shall be a minimum 4 inches, and of contrasting color to the background.
40. Access for fire fighting equipment shall be provided to the immediate job site at the
start of construction and maintained until all construction is complete. Fire
apparatus access roads shall have an unobstructed width of not less than 20 feet
and an unobstructed vertical clearance of not less than 13' 6". Fire Department
access roads shall have an all weather driving surface and support a minimum
weight of 73,000 lbs. (Sec. 902 CFC)
41. An operational fire hydrant or hydrants shall be installed within 250' of all
combustible construction. No landscape planting, walls, or fencing are permitted
within 3 feet of fire hydrants, except groundcover plantings.
42. Residential fire hydrants shall be installed in accordance with DWA or Mission
Springs Water District specifications and standards. No landscape planting, walls,
or fencing is permitted within 3 feet of fire hydrants.
ENGINEERING DEPARTMENT:
The Engineering Department recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with
City standards and ordinances:
STREETS
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Conditions of Approval
5.0996 PD-2941 TTM 31766
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1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. 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 issuance of any building permits.
3. The applicant shall be required to construct asphalt concrete paving for streets in
two separate lifts. The final lift of asphalt concrete pavement shall be postponed
until such time that on -site construction activities are complete, as may be
determined by the City Engineer. Paving of streets in one lift prior to completion
of on -site construction will not be allowed, unless prior authorization has been
obtained from the City Engineer. Completion of asphalt concrete paving for
streets prior to completion of on -site construction activities, if authorized by the
City Engineer, will require additional paving requirements prior to acceptance of
the street improvements, including, but not limited to: removal and replacement
of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as
required by the City Engineer.
TRAMWAY ROAD
4. Tram Way Tramway Read shall be constructed as a Special Street Section in
accordance with the future General Plan and applicable Specific Plans. Tram
Way is classified as a 2-lane divided collector roadway up to the proposed
intersection of Racquet Club Road on Figure 4.4 (Proposed Circulation Master
Plan) in the 207 General Plan Update Circulation Element Traffic Anal
Improvements listed for Tram Way Tramway Road that were required in
accordance with the Improvement Certificate on Parcel Map 23130, as shown by
Map on file in Book 181, Pages 50 to 53, inclusive, of Parcel Maps, records of
Riverside County, California, consisting of construction of a 6 inch curb and
gutter, 38 feet southeast of centerline along the entire frontage and construction
of a minimum pavement section of 3 inches asphalt concrete pavement over 6
inches of crushed miscellaneous base shall be deferred. The applicant shall
deposit the engineer's estimate of the cost of the required improvements for
construction by others in the future, prior to final map approval.
5. Construct a driveway from Tram Way Tramway Road to the north end of "E"
Street as necessary to provide emergency vehicle access into the development.
The driveway shall be constructed of a suitable material (turf block) or decorative
and colored concrete, subject to review and approval by the Director of Planning
Services and Fire Marshall.
6. The applicant shall coordinate with the Mount San Jacinto Winter Park TramwFay
Authority regarding construction scheduling and coordination of work occurring
on Tram Way.
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Conditions of Approval
5.0996 PD-2941 TTM 31766
RACQUET CLUB ROAD
January 23, 2013
Page 9 of 21
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8. In accordance with the 2007
lieu of the seGondaFy thoroughfare de6ignati— '--
the General Plan Update, developer shall construct Racquet Club
Road to a two lane collector street section with a wedge curb located 20 feet
north of centerline, and provide additional landscaping approved by the Director
of Planning Services within the right-of-way required by the sent 2007 General
Plan U dp ate, to the west property of this. development. , develeW
6hall enter- onto an agreeFA9Rt with appropriate aeGurity W G0A6tFUGt RaGquet G161b
GeneFal Plan, but shall be eXGUCed from 6HGh requir-ement if in the GeReFal Plan
9. Construct a new 54 feet wide street intersection for "A" Street, located
approximately 320 feet west of the intersection of North Leonard Road, and a
new street 54 feet wide intersection for "E" Street, located approximately 15 feet
east of and just offset from the intersection of North Milo Drive, both as shown on
the approved Tentative Tract Map, with 25 feet radius curb returns and
spandrels, and a 6 feet wide cross gutter, in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
10. Construct Type A curb ramps meeting current California State Accessibility
standards either side of the new street intersections at "A" and "E" Street and
Racquet Club Road, in accordance with City of Palm Springs Standard Drawing
No. 212.
11. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to clean sawcut edge of pavement at centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 110 and
330. If an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical Engineer using
"R" values from the project site and submitted to the City Engineer for approval.
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Conditions of Approval
5.0996 PD-294 ! TTM 31766
VISTA GRANDE AVENUE
January 23, 2013
Page 10 of 21
13. Construct a wedge curb, 5 feet west of centerline. The wedge curb design shall
be subject to the review and approval by the City Engineer.
14. Construct a 20 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201 at the corner of Vista Grande Avenue and
Girasol Road for service and emergency vehicle access into the development, or
as otherwise approved by the Fire Marshall.
15. Construct a driveway from the driveway approach at the corner of Vista Grande
Avenue and Girasol Road to the north end of "D" Street as necessary to provide
emergency vehicle access into the development. The driveway shall be
constructed of a suitable material (turf block) or decorative and colored concrete,
subject to review and approval by the Director of Planning Services and Fire
Marshall.
16. Construct pavement with a minimum pavement section of 2% inches asphalt
concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from clean sawcut
edge of pavement to edge of proposed gutter along the entire frontage.
Additional pavement removals or asphalt concrete pavement overlay shall be
installed in order to construct a cantilevered pavement section with a cross -slope
of 2% from the proposed curb face. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and
submitted to the City Engineer for approval.
ON -SITE PRIVATE STREETS
17. All centerline radii shall be a minimum of 130 feet.
18. All on -site cul-de-sacs shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 101. A minimum 43 feet inside radius shall be
required for all on -site cut -de -sacs.
19. Construct all on -site street "knuckles" in accordance with City of Palm Springs
Standard Drawing No. 104.
20. Dedicate an easement extending from back of curb to back of curb to the City of
Palm Springs for public utility purposes, with the right of ingress and egress for
service and emergency vehicles and personnel over the proposed private
streets.
EO
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Conditions of Approval
5.0996 PD-2941 TTM 31766
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21. Dedicate an easement, 30 feet wide (or as required by the City Engineer and Fire
Marshall), for emergency vehicle ingress and egress, over Lot 24 as necessary
to provide access from Vista Grande Avenue to the north end of "D" Street. This
access shall be limited to emergency access purposes only.
22. Dedicate an easement, 30 feet wide (or as required by the City Engineer and Fire
Marshall), for emergency vehicle ingress and egress, over Lots 47 and 66 as
necessary to provide access from Tram Way Tramway to the north end of
"E" Street.
23. Construct a colored concrete wedge curb or rolled curb, 14 feet on both sides of
centerline along the entire frontages, and throughout the cul-de-sacs. The on -
site streets shall be constructed with a typical crowned cross-section. The
pavement section shall be constructed using decorative colored concrete or
pavers, subject to the review and approval by the Planning Commission.
24. Parking shall be restricted along one side of all on -site streets, as necessary to
maintain a 24 feet wide clear travel way. A sign program or other process,
acceptable to the City Engineer, shall be provided that satisfies the parking
restrictions. A Home Owners Association shall be responsible for regulating and
maintaining required no parking restrictions, which shall be included in Codes,
Covenants, Conditions and Restrictions required for the development.
SANITARY SEWER
25. All sanitary facilities shall be connected to the public sewer system. Sewer
laterals shall not be connected at manholes.
26. All on -site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on -site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions,
and Restrictions (CC&R's) required for this project.
27. Sewer improvement plans prepared by a California registered civil engineer shall
be submitted to the Engineering Division. The plans shall be approved by the
City Engineer prior to issuance of any building permits.
28. Construct an 8 inch V.C.P. 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.
29. The on -site private sewer system shall not connect to any existing sewer
manhole or any new manhole. The on -site sewer system shall connect to the
sewer main in Vista Grande Avenue with a standard 8 inch lateral connection in
accordance with City of Palm Springs Standard Drawing No. 405.
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Conditions of Approval January 23, 2013
5.0996 PD-294 ! TTM 31766 Page 12 of 21
30. Reserve sewer easements across interior lots as necessary to implement the on- 0
site private sewer system.
GRADING
31. Submit a Rough Grading Plan prepared by a California registered civil engineer
to the Engineering Division for review and approval. A Fugitive Dust Control Plan
shall be prepared by the applicant andlor its grading contractor and submitted to
the Engineering Division for review and approval. The applicant and/or its
grading contractor shall be required to comply with Chapter 8.50 of the City of
Palm Springs Municipal Code, and shall be required to utilize one or more
"Coachella Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its contractor's
Fugitive Dust Control Plan shall be prepared by staff that has completed the
South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
Dust Control Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) 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 www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook,
shall be submitted to and approved by the Engineering Division prior to approval
of the Grading plan. The Grading Plan shall be approved by the City Engineer
prior to issuance of grading permit.
a. The first submittal of the Rough Grading Plan shall include the following
information: a copy of the final approved conformed copy of the Conditions of
Approval; a copy of the final approved conformed copy of the Tentative Tract
Map and/or Site Plan; a copy of a current Title Report; a copy of
Geotechnical/Soils Report; and a copy of the associated Hydrology
Study/Report.
32. A Notice of Intent NOI to comply with the California General Construction
Stormwater Permit Water Quality Order 2009-009-DWQ as modified September
2 2009 is re uired for the -proposed development via California Regional Water
Quality Control Board online SMARTS system. 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 grading or building permit. A National
0
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Conditions of Approval January 23, 2013
5.0996 PO-2941 TTM 31766 Page 13 of 21
32a. The development shall comply with the General Permit for Stormwater Dischar es
Associated with Construction Activity, and shall prepare and implement a stormwater
pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall
include a post -construction management plan (including Best Management
Practices) in accordance with the current Construction General Permit. A copy of
the up-to-date SWPPP shall be kept at the Rro6ect site and be available for review
upon request.
32b. Prior to approval of a Grading Plan the a plicant shall obtain written approval to
proceed with construction from the Aqua Caliente Band of Cahuilla Indians,, Tribal
Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the
Tribal Historic Preservation Officer or the Tribal Archaeolo ist at 760 699-6800 to
determine their re uirements if any, associated with -grading or other construction.
The applicant is advised to contact the Tribal Historic Preservation_ Officer or Tribal
Archaeologist as. early as possible. If required, it is the responsibility of the applicant
to coordinate scheduling of Tribal monitors during grading or other construction and
to arrange payment of any required fees associated with Tribal monitoring.
32c. In accordance with an approved PM-10 Dust Control Plan temporary dust control
Perimeter fencing shall be installed. Fencing shall have screening that is tan in color
green screening will not be allowed. Temporary dust control perimeter fencing shall
be installed after issuance of Grading Permit, and immediately prior to
commencement of grading operations.
32d. Temporary- dust control 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.
32e. 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
8.50.0221. Following stabilization of all disturbed areas, perimeter fencing shall be
removed, as required by the City Engineer.
32f. Contact Desert Water Agency at 760 323-4971 Ext. 146 to determine impacts to
any existing Whitewater Mutual Water Company water lines and other facilities that
may be located within the property if any. Make appropriate, arrangements to protect
in place or relocate any facilities that are impacted by the development. A letter of
approval for relocated or adiusted facilities from Desert Water Agency shall be
submitted to the Engineering Division prior to approval of the Grading Plan.
32 . Drainage swales shall be provided ad'acent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
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Conditions of Approval
5.0996 PD-2941 TTM 31766
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Page 14 of 21
33. In accordance with City of Palm Springs Municipal Code, Section 8.50.022(h)
8.60.026 (G), the applicant shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre at the time of issuance of -grading permit
for mitigation measures for erosion/blowsand relating to this property and
development.
34. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the GeotechnicallSoils Report
shall be submitted to the Engineering Division with the first submittal of a grading
plan.
34a. The applicant shall provide all necessary. . _geotechnical/soils inspections and testing
in accordance with the GeotechnicallSoils Report prepared for the project. All
backfill, compaction, and other earthwork shown on the approved grading plan shall
be certified by a California_ registered geotechnical or civil engineer, certifying that all
grading was .performed in accordance with the Geotechnical/Soils Report prepared
for the proi_ect. Documentation of all compaction and other soils testing are to be
provided; No certificate of occupancy will be issued until the required certification is
provided to the City Engineer.
34b. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan, to the Engineerin-q Division prior to
construction of any building foundation.
35. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Precise Grading
Plan. The California Department of Food and Agriculture office is located at 73-
710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
36. Rock crushing operations on -site during rough grading shall be performed in a
manner that maintains a sufficient supply of natural boulders for use in re -
naturalized fill slopes and retaining walls, and in perimeter landscaped parkways.
Grading and rock crushing operations shall be conducted a maximum of 8 hours
per day.
37. The perimeter of the project shall be redesigned by softening the exterior of the
project by decreasing the perimeter cut and fill slopes from a maximum of 2:1 to
a maximum of 3:1 or 4:1 as approved by the of Director of Planning Services and
the City Engineer, including the use of landscaping and boulders. Slopes shall be
softened by reducing slope heights and through the use of landscaping and
boulders to achieve a natural appearance. All project fill slopes shall be re-
14
Conditions of Approval
5.0996 PD-294 / TfM 31766
January 23, 2013
Page 15 of 2 i
naturalized by using a "Permeon" spray treatment to restore the natural desert
varnish.
38. The final rough grading plan shall be subject to the review and approval by the
City Council as part of its review of the Final Planned Development District. A
rough grading permit shall not be issued prior to the City Council's review and
approval of the rough grading plan and the Final Planned Development District.
DRAINAGE
39. All stormwater runoff passing through the site and falling on the site shall be
accepted and conveyed across the property to approved drainage structures as
described in the Preliminary Hydrology Report for Tentative Tract Map 31766,
prepared by Hunsaker & Associates (as may be amended and/or revised). The
applicant shall be responsible for construction of drainage improvements,
including but not limited to retention/detention basins, catch basins, storm drain
lines, and outlet structures, for conveyance of off -site stormwater runoff and
management of on -site stormwater runoff, as described in a final Hydrology
Report for the development, as approved by the City Engineer. The preliminary
Hydrology Report for the development shall be amended to include catch basin
sizing, storm drain pipe sizing, and retention/detention basin sizing calculations
and other specifications for construction of required on -site storm drainage
improvements. No more than 40-50% of the street frontage parkway/setback
areas should be designed as retention basins. On -site open space, in
conjunction with dry wells and other subsurface solutions should be considered
as alternatives to using landscaped parkways for on -site retention.
40. The retention basin located at the southeast corner of the project adjacent to
Racquet Club Road shall be revised to decrease the overall depth by increasing
its size and lowering the adjacent berm and fill slope, and shall be subject to the
review and approval of the final rough grading plan by the City Council.
41. The applicant shall install a drywell, or series of drywells, within each retention or
detention basin proposed in the development as necessary to collect and
percolate stormwater runoff, including nuisance water, from the tributary area
within the development that has drainage directed to the basin. The drywell(s)
shall be appropriately sized to accommodate the expected daily nuisance water,
as well as runoff from ordinary storm events (2-year storm events), unless
otherwise approved by the City Engineer. Provisions shall be included in the
Covenants, Conditions and Restrictions (CC&R's) for this development that
require the routine maintenance of the drywell(s) by the Home Owners
Association (HOA), including the right of the City to inspect and require the HOA
to remove and replace the drywell(s) if they fail to function, causing stagnant
water to accumulate above ground within the basin. The City shall be given the
right, in the interest of the public's health, safety, and welfare, to order the
removal and replacement of drywell(s) in the event the HOA is non -responsive to
15
Conditions of Approval
5 0996 PD-2941 TTM 31766
January 23, 2013
Page 16 of 21
the City's written notice, with costs to be recovered against the HOA by the City
in accordance with state and local laws and regulations.
42. All on -site storm drain systems shall be privately maintained by a Homeowners
Association (HOA). Provisions for maintenance of the on -site storm drain
systems acceptable to the City Engineer shall be included in Covenants,
Conditions and Restrictions (CC&R's) required for this project.
43. An existing 25 feet wide drainage easement exists across the western boundary
of the development. This easement exists for the purpose of constructing Line 2
from the Master Drainage Plan for the Palm Springs Area, in coordination with
Riverside County Flood Control District (RCFC). Realignment of the existing
drainage easement within "G" Street, as proposed on the Tentative Tract Map,
will require approval of RCFC, following review and approval of storm drain
improvement plans for Line 2 from the Master Drainage Plan for the Palm
Springs Area. The applicant shall be responsible for preparing a complete set of
storm drain improvement plans for the entire reach of Line 2, from the southern
edge of Chino Canyon to the Chino Canyon Levee. Plans shall be submitted to
RCFC for review and approval. Prior to issuance of a certificate of occupancy,
the applicant shall construct the segment of Line 2 across the project, and
extensions north and south of the property, acceptable to the City and RCFC,
sufficient to avoid future impacts to property owners within the development.
Upon the completion of the construction of Line 2 within "G" Street, following
RCFC acceptance, the City shall initiate proceedings to vacate the existing 25
feet wide drainage easement across the western boundary of the project, and
shall quitclaim the 12 feet wide temporary construction easement.
44. In the event the design of Line 2 from the Master Drainage Plan for the Palm
Springs Area is not completed prior to final map approval, the existing 25 feet
wide drainage easement and 12 feet wide temporary construction easement
located across the western boundary of the property shall remain. A Covenant
shall be prepared and recorded against Lots 75 through 79 restricting
construction on the lots until Line 2 is constructed. The applicant shall deposit
$2,000 with the City for preparation of the covenant by the City Attorney and shall
be responsible for all costs in the preparation and approval thereof. The
Covenant shall be executed prior to final map approval, and shall be recorded by
the City with the final map.
45. The project is subject to flood control and drainage implementation fees pursuant
to Resolution 14082. The acreage drainage fee at the present time is $6,511 per
acre per Resolution No. 15189. Based on the 42.2 acre size of the project site as
shown on the Tentative Tract Map, the project is responsible for payment of
$274,764.20 in drainage implementation fees. The applicant shall be eligible for
credit up to the maximum drainage implementation fee of $274,764.20 otherwise
due. Validated costs incurred by the applicant for the design and construction of
Line 2 from the Master Drainage Plan for the Palm Springs Area may be credited
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Conditions of Approval
5,0996 PD-2941 TTM 31766
January 23, 2013
Page 17 of 21
toward the drainage fee otherwise due. Fees shall be paid prior to issuance of a
building permit if applicable.
46. In the event validated costs exceed the drainage implementation fee otherwise
due, at the request of the applicant, the City may enter into a reimbursement
agreement with the applicant for reimbursement of excess costs. Following
completion and acceptance of the construction of Line 2 from the Master
Drainage Plan for the Palm Springs Area by RCFC and the City Engineer, if
reimbursement of excess costs is requested in writing by the applicant, the
applicant shall submit a formal request for preparation of a Drainage
Reimbursement Agreement and a $2,500 deposit for City staff time associated
with the preparation of the Drainage Reimbursement Agreement, including City
Attorney fees. The applicant shall be responsible for payment of all associated
staff time and expenses necessary in the preparation and processing of the
Drainage Reimbursement Agreement with the City Council, and shall submit
additional deposits as necessary when requested by the City, which are included
in the amount that may be reimbursed to the applicant through the Drainage
Reimbursement Agreement. The Drainage Reimbursement Agreement is
subject to the City Council's review and approval, and its approval is not
guaranteed nor implied by this condition.
47. All residential lots shall be designed to provide adequate drainage to the adjacent
on -site streets. Drainage shall be accommodated in a manner that does not
interfere with the split level pads of the lots.
48. This project shall eaay 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 contaminated
stormwater and non-stormwater runoff, may be required by regulations imposed
by the RWQCB. It shall be the applicant's responsibility to design and install
appropriate BMP's, in accordance with the NPDES Permit, that effectively
intercept and pre -treat contaminated stormwater and non-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. If
required, such measures shall be designed and installed on -site; and provisions
for perpetual maintenance of the measures shall be provided to the satisfaction
of the City Engineer, including provisions in Covenants, Conditions, and
Restrictions (CC&R's) required for the development.
GENERAL
17
Conditions of Approval January 23, 2013
5 0996 PD-2941 TTM 31766 Page 18 of 21
49. All on -site and off -site street improvements, and all perimeter landscaping and
parkway improvements shall be completed prior to issuance of the first certificate
of occupancy (excluding certificates of occupancy issued for model homes).
50. A 6 feet wide meandering pedestrian trail system shall be constructed along the
perimeter of the development providing public access into and around the
property. Appropriate rest stops shall be provided along the pedestrian trail
system with public access to make this feature a recreational amenity. The
pedestrian trail system shall be constructed to the satisfaction of the City
Engineer and Planning Commission, using decorative colored concrete or other
ADA acceptable material. Easements for public access into and around the
property shall be dedicated to the City on the final map as required to allow
public use of the pedestrian trail system.
51. 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, 0
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.
52. All proposed utility lines shall be installed underground.
53. 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 northerly property line meet the requirement to be installed
underground. A letter from the owners of the affected utilities shall be submitted
to the Engineering Division prior to approval of a grading plan, informing the City
that they have been notified of the City's utility undergrounding requirement and
their intent to commence design of utility undergrounding plans. When available,
the utility undergrounding plan shall be submitted to the Engineering Division
identifying all above ground facilities in the area of the project to be
18
Conditions of Approval
5.0996 PD-2941 TTM 31766
January23, 2013
Page 19 of 21
undergrounded. Undergrounding of existing overhead utility lines shall be
completed prior to issuance of a certificate of occupancy.
54. All existing utilities shall be shown on the grading and street plans. The existing
and proposed service laterals shall be shown from the main line to the property
line.
55. 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.
56. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as -
built" information and returned to the Engineering Division prior to issuance of a
final certificate of occupancy. Any modifications or changes to approved
improvement plans shall be submitted to the City Engineer for approval prior to
construction.
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58. Nothing shall be constructed or planted in the comer cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
59. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Standard Drawing No. 904.
59a. This property.. is subiect to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The
LDMF_shall be paid prior to issuance of Building Permit.
MAP
60. 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
19
Conditions of Approval
5.0996 PD-2941 TTM 31766
January 23, 2013
Page 20 of 21
approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcel and all lots created
therefrom, and copies of record documents shall be submitted with the Final Map
to the Engineering Division as part of the review of the Map: The Final Map shall
be approved by the City Council prior to issuance of building permits.
Prior to approval of a final map, the applicant shall dedicate to the City of Palm Springs,
by separate instrument, a 12 feet wide temporary construction easement
adjacent to the east side of the 25 feet wide drainage easement, for the purposes
of the future construction of Line 2 from the Master Drainage Plan of the Palm
Springs Area in its original alignment (as required by the Improvement Certificate
recorded concurrently with Parcel Map 23130). ). A Covenant shall be prepared
and recorded against Lots 75 through 79 restricting construction on the lots until
Line 2 is constructed. The applicant shall deposit $2,000 with the City for
preparation of the covenant by the City Attorney and shall be responsible for all
costs in the preparation and approval thereof. The Covenant shall be executed
prior to final map approval, and shall be recorded by the City with the final map.
61. In accordance with Section 66434 (g) of the Government Code, the westerly 23
feet of Vista Grande Avenue may be abandoned upon the filing of a Final Map
identifying the abandonment of the right-of-way dedicated to the City of Palm
Springs. Prior to approval of a Final Map, the developer shall coordinate with
each public utility company and determine specific requirements as to the
abandonment and/or relocation of existing underground utilities that may exist
within the public easements to be abandoned. Prior to approval of a Final Map,
the developer shall provide to the City Engineer a letter of approval regarding the
proposed abandonment of easements over Vista Grande Avenue from each
public utility agency.
61 a. The applicant shall dedicate easements to the City of Palm Springs for Public access
into and around the property, on the final map as required to allow public use of the
pedestrian trail system associated with this development.
62. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related
to the Engineering Division's recommendations. The CC&R's shall be approved
by the City Attorney prior to approval of a Final Map,
63. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights -of -way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
Oki]
Conditions of Approval
5.0996 PD-294 ! TTM 31766
January 23, 2013
Page 21 of 21
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
64. Furnish and install a decorative street light at the northwest corners of the
project's main entrances ("A" and "E" Streets) on Racquet Club Drive to the
satisfaction of the Director of Planning Services and the City Engineer.
65. Submit traffic striping plans for improvements to Racquet Club Road prepared by
a California registered civil engineer, for review and approval by the City
Engineer. All required traffic striping improvements shall be completed in
conjunction with required street improvements, to the satisfaction of the City
Engineer, and prior to issuance of a certificate of occupancy.
66. Street name and stop signs shall be required at each on -site street intersection,
as required by the City Engineer. Developer shall create a street name sign
system reflective of special neighborhood standards.
66a. The applicant shall stri e a 4 feet wide Class II bike lane along the groject frontage
on Tram Way.
67. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersections of "A" Street and "E" Street with Racquet Club
Road in accordance with City of Palm Springs Standard Drawing Nos. 620-625
and the California Manual On Uniform Traffic Control Devices for Streets and
Highways, dated Janu_ary_13,__2012, or subsequent editions in force at the time of
construction, as required by the City Engineer.
68. Construction signing, lighting and barricading shall be provided during all phases
of construction fef on all pFejeGts 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 Hiahways.
dated January 13, 2012 State of California, DepakmeRt of TmRspeFtation,
11R A—_.._1 _2 T__Il:_ f1__1__1_ L__ ^___1_.._a:__ __J ■A_:_t______ 9____n J_a_r
4986-, or subsequent editions additions in force at the time of construction.
69. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
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