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HomeMy WebLinkAbout19889 - RESOLUTIONS - 8/2/2000 RESOLUTION NO. 19889 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING, SUBJECT TO THE ' CONDITIONS STATED, TENTATIVE TRACT MAP NO. 28087 TO JAMES F. GOLDSTEIN OF EL DORADO LIMITED PARTNERSHIP FOR A PROPOSED TENTATIVE TRACT MAP TO SUBDIVIDE THE EXISTING 377 SPACE EL DORADO MOBILE COUNTRY CLUB FOR CONDOMINIUM PURPOSES. THE EL DORADO MOBILE COUNTRY CLUB IS LOCATED ON 50.65 ACRES OF LAND - AT 6000 EAST PALM CANYON DRIVE, SOUTH OF BOLERO ROAD AND EAST OF GOLF CLUB DRIVE, W-R- MHP AND R-MHP ZONES, SECTION 29. AND MAKING FINDINGS IN SUPPORT THEREOF.------------- WHEREAS, Mr. James F. Goldstein of El Dorado Limited Partnership, (the"applicant")has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for Tentative Tract Map No. 28087 for a proposed subdivision of the 377 space, 50.65 acre El Dorado Mobile Country Club for condominium purposes,6000 East Palm Canyon Drive,W- R-MHP and R-MHP zones, Section 29; and WHEREAS, said application was submitted to appropriate agencies as required by the , subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Tract Map No. 28087 was given in accordance with applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the California Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal Code); and WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report was served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the Planning Commission public hearing; and WHEREAS, on March 8, 2000, and continued to May 10, 2000, a public hearing on the application for Tentative Tract Map No. 28087 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 10, 2000, the Planning Commission recommended approval 5-1-1 to the City Council of Case No. 5.0830 (PD 260) and Tentative Tract Map No. 29691 subject. to the conditions contained in Planning Commission Resolution No. 4691; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to ' consider Applicant's application for Tentative Tract Map No.28087 was given in accordance: with applicable law (Sections 66427.1, 66451, 66452.8 and 66452.9 of the California Subdivision Map Act and Section 4.08.130 of the Palm Springs Municipal (Node); and Resolution 19889 Page 2 WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff' report has been served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the City Council public hearing; and WHEREAS, on July 5, 2000, a public hearing on the application for Tentative Tract Map No. 28087 was held by the City Council in accordance with applicable law; and WHEREAS, at the conclusion of its public hearing on July 5, 2000,the City Council directed City staff to prepare a Resolution of Denial for consideration of the City Council at the regularly scheduled July 19, 2000 City Council meeting; and WHEREAS, on July 19, 2000, City Council continued the matter to allow for a subcommittee of the City Council to meet with representatives of El Dorado Limited Partnership and representatives for the El Dorado Mobile Country Club Homeowners Association; and WHEREAS, on July 27, 2000, the subcommittee of the City Council met with representatives of El Dorado Limited Partnership and representatives for the El Dorado Mobile Country Club Homeowners Association in an effort to reach consensus on the outstanding issues surrounding this application; and WHEREAS, pursuant to Section 66452.3 of the California Subdivision Map Act, a staff report has been served on the subdivider and the representatives of the El Dorado Mobile Country Club Residents Association (representing the tenants) at least three days before the City Council public hearing; and WHEREAS, the proposed Tentative Tract Map No. 28087 is considered categorically exempt from the terms of the California Environmental Quality Act (CEQA) pursuant to Section 15301 (Existing Facilities); and WHEREAS, pursuant to Government Code Section 66412.3,the Planning Commission has previously considered and the City Council has considered the effect of the proposed subdivision, Tentative Tract Map No. 28087, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed subdivision represents the balance of these respective needs in a manner which is most consistent with City's obligation pursuant to its police powers to protect the public health, safety and welfare; and WHEREAS, at the conclusion of its meeting on August 2, 2000, the City Council recommended approval of Tentative Tract Map No. 28087 subject to the findings herein and conditions as stated in Exhibit A; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: In that the proposed condominium conversion does not contemplate any additional development on the property or to alter the physical characteristics of the El Dorado Resolution 19889 Page 3 Mobile Country Club, the proposed subdivision is exempt from the provisions of CEOA per Section 15301 (Existing Facilities). Section 2: Pursuant to Section 9.62 of the Palm Springs Municipal Code, the California ' Subdivision Map Act and Zoning Ordinance Section 9207.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Tentative Tract Map/Condominium Conversion is authorized; b. Pursuant to the Zoning Ordinance, a Tentative Tract Map facilitating a condominium conversion is authorized by the City's Zoning Ordinance within the R-MHP and W-R-MHP zones; C. The use applied for is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; d. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood, and is in compliance with all applicable provisions of Section 9207.00 of the Zoning Ordinance(Residential Mobile Home , Park Zone)and other applicable provisions of the Zoning Ordinance; e. The use applied for will not adversely affect the City's housing stock; and f. The conditions to be imposed are deemed necessary Ito protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. Section 3: Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies and general land uses and programs provided in the City's General Plan; and Section 4: Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives policies and federal land use provided in the City's local open space plan; and Section 5: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed map is consistent with the applicable general and specific plans. , Pursuant to the General Plan, the proposed subdivision map is consistent with the density, goals policies and objectives for medium density residential development applicable to the property in question. Resolution 19889 Page 4 b. The design or improvements of the proposed subdivision are consistent with the General Plan. The proposed subdivision map implements design strategies and policies as referenced in the City of Palm Springs General Plan for medium density residential development. c. The site is physically suitable for the type of development contemplated by the proposed subdivision. The existing El Dorado Mobile Country Club was completed in 1971 as a 377 space mobile home park with common recreational amenities on 50.65 acres of land and was built in compliance with the development standards of Zoning Ordinance in effect at the time for mobile home parks. With the recommended Conditions of Approval specified in this Resolution, the subdivision meets all applicable development criteria specified for the R-MHP and W-R-MHP zones in the Zoning Ordinance. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. The proposed subdivision is within a R-MHP and W-R-MHP zoning classifications and designated M15 by the City of Palm Springs General Plan. According to the General Plan, a medium density development not to exceed 15 units per acre should be provided on the property. The existing mobile home park was constructed at a density of approximately 7.44 dwelling units per acre, in compliance with the density provisions of the General Plan. e. The design of the subdivision or improvements is not likely to cause substantial environmental damage orsubstantially and unavoidably injure fish orwildlife ortheir habitat. In that the site of the proposed condominium conversion is already developed and the subdivision application does not contemplate any additional development on the property, the application is exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15301 (Existing Facilities). f.. The design of the subdivision or improvements is not likely to cause serious public health problems. In conjunction with the application, the repair of on-site deteriorated asphalt areas and curbing through an unsecured improvement agreement and requiring the gated access on Bolero Road to be upgraded will be required to be addressed prior to recordation of the final map. With these conditions in place, the design of the subdivision or improvements is not likely to cause serious public health problems. g. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The project will not conflict with the existing traffic flow-adjacent to the property along East Palm Canyon Drive or Bolero Road or access to utilities required to serve the subdivision and the immediate area. Resolution 19889 Page 5 h. A nexus or rough proportionality have been established for requirement of dedication of additional right-of-way to the City or the off-Site improvements as related to the tentative tract map. The off-site improvements,which are required by the Zoning Ordinance, are related ' to the project to provide needed services and access for future residents of the site and will benefit the public at large. Within the Circulation Element of the City's General Plan, a 101-foot wide half street (44 feet from centerline to curb face and including a frontage road) is specified for East Palm Canyon Drive across the project frontage. However, immediately adjacent to the east and the west of the site are lands within the City of Cathedral City, where a 55-foot wide half street right of way (without a frontage road) is specified for East Palm Canyon Drive per the City of Cathedral City General Plan. Currently, the East Palm Canyon Drive project frontage includes at 38-foot wide street section (from centerline of street to face of curb) and a total half street right- of-way of 55 feet. Adjacent properties within the City of Cathedral City on the north side of East Palm Canyon Drive have a half street pavement width of approximately 44 feet within the right-of-way. If required to be extended across the project frontage, an expansion to the ultimate Palm Springs right-of-way standards could not physically serve to benefit the public at large with an expanded right-of-way as specifically intended per the City of Palm Springs General Plan. This is the only property within the City of Palm Springs along East Palm Canyon Drive where such a situation could occur. Conditions requiring the future street pavement expansion to 44 feet via covenant will serve to provide a matching street section with adjacent properties in Cathedral City for the future. Therefore, with this condition, the circulation goals, objectives and policies of the General Plan would not be effected ' by this specific modification to the right-of-way along East Palm Canyon Drive. Conditions requiring repair or replacement of broken or off-grade curb, gutter and pavement on East Palm Canyon Drive and Bolero Road are necessary to protect pedestrians from trip and fall accidents along these streets. Conditions requiring the developer to accept all flows impinging upon land into an approved drainage structure is a "safeguard" condition for informational purposes. The condition requiring the project to conform with Federal Emergency Management Act (FEMA) and City of Palm Springs Flood Hazard Ordinance is again primarily for informational purposes forthe prospective condominium owners. The State of California is responsible for administering these requirements to protect residents from any potential flood hazards. Conditions relating to the on-site pavement section standard provides a basis fpr an all-weather, safe roadway condition that will prove durable and able; to withstand normal traffic conditions for a number of years. Section 6: Pursuant to Government Code Section 66474.6, the City Council has determined that the discharge of waste from the proposed subdivision into the existing sewer system will not result in a violation of existing requirements prescribed by the Regional Water Quality Control Board; andl ' Section 7: Pursuant to California Subdivision Map Act Section 66427, 66451, 66452 and Palm Springs Municipal Code Section 4.08.130, the City Council has determined that the application was noticed in accordance with all applicable: provisions and will also require: Resolution 19889 Page 6 a. That each tenant and each person applying for the rental of a unit has received all applicable notices and rights now or hereafter required by Section 66427 and in Chapter 3 of the California Subdivision Map Act (commencing with Section 66451); b. That each tenant and each person applying for the rental of a unit shall receive a 10 day written notice that an application for a public report will be, or has been submitted to the Department or Real Estate, and that such a report will be available upon request; C. That each tenant shall receive a written notification within 10 days of approval of a Final Map for the proposed condominium conversion; d. Each of the tenants shall receive 180 days written notice of intention to convert prior to the termination of tenancy due to the conversion or proposed conversion; and e. Each tenant of the proposed condominium shall be given notice of an exclusive right to purchase his or her respective unit for terms available to the general public orterms more favorable to the tenant. This right shall run for a period of not less than 180 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of this or her intention not to exercise the right. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Tentative Tract Map No. 28087, subject to those conditions set forth in Exhibit A, which are to be satisfied prior to recordation of a final map or the issuance of a Certificate of Occupancy, unless other specified. ADOPTED this 9nd day of August , 2000. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manage:r�`' REVIEWED AND APPROVED: . �f!�� Resolution 19889 Page 7 RESOLUTION NO. EXHIBIT A Tentative Tract Map No. 28087 , El Dorado Mobile Country Club 6000 East Palm Canyon Drive August 2, 2000 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions Fisted below shall be completed to the satisfaction of the City Engineer,the Director of Planning,the Chief of Police,the Fire Chief or their designees, 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. 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. la. The proposed development is subject to all applicable provisions of the California Subdivision Map Act, including but not limited to, Government Code Sections ' 66427.1, 66427.5, 66428.1, 66451 and 66452, and evidence of compliance therewith shall be submitted to the Director of Planning and Building, as required by law. 1 b. The subdivider 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 Tentative Tract Map No. 28087. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. For purposes of establishing applicable space rental rates pursuant to Government ' Code Section 66427.5, the "Map Act Rent Date" shall be the date of the close of escrow on the sale of the 120th unit (or lot). The Map Act Rent Date is not applicable to any other right, benefit, or obligation under the Subdivision of the Property. Resolution 19889 Page 8 3. The subdivider shall establish the unit (or lot) sales price by an appraisal done in accordance with nationally recognized professional appraisal standards and performed by the firm of Anderson & Brabant, or other firm mutually agreed to by the parties; such appraisal to be paid for by subdivider. A subcommittee of three (3) members of the Board of Directors of El Dorado Mobile Club Homeowners Association, Inc. shall be entitled to periodically meet and confer with the appraisal firm for purposes of providing information to be utilized in preparing the appraisal. 4. The subdivider shall comply with the rental rate increase provisions of Section 66427.5(d)(1) and (d)(2) of the California Subdivision Map Act, as follows: 4a. As to non-purchasing residents who are not lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any pre-conversion amenities, may increase from the pre-conversion rent to market levels, as defined in an appraisal conducted in accordance with nationally recognized professional appraisal standards, in equal annual increases over a four-year period; and 4b. As to non-purchasing residents who are lower income households, as defined in Section 50079.5 of the Health and Safety Code, the monthly rent, including any applicable fees or charges for use of any pre-conversion amenities, may increase from the pre-conversion rent by an amount equal to the average monthly increase in rent in the four years immediately preceding the conversion, except that in no event shall the monthly rent be increased by an amount greater than the average monthly percentage increase in the Consumer Price Index for the most recently reported period. 5. The subdivider shall comply with the findings and recommendations of the Tenant Impact Report prepared for the condominium conversion of the El Dorado Mobile Country Club, including, but not limited to: 5a. The resident(s) will be given the choice to buy the space on which their mobilehome is situated or to continue tenancy in the park pursuant to the provisions of the Tenant Impact Report; 5b. Rent increases will be regulated in accordance with the provisions of Section 66427.5 of the California Subdivision Map Act and the Mobile home Park Residence Assistance Program (MPROP) regulation 8020; 5c. Section 1.2 of the Tenant Impact Report is hereby amended by deleting the phrase "...is heard by the Palm Springs Planning Commission, or September 30, 1999, which ever occurs first..." and replacing it with the phrase "the issuance of the Final Public Report." 5d. The subdivider shall not terminate any tenancies and existing leases or require that the residents vacate the property, after the"Map Act Rent Date' (specified above in Condition No. 2). Non-purchasing residents will not be required to vacate their space and will have occupancy rights subject to the Lease or written Rental Agreement, Mobilehome Residency Law and California Law, as applicable, such that there will be no eviction displacement as a result of the proposed subdivision; Resolution 19889 Page 9 5e. The effective date of"Map Act Rents" (Section 66427.5 (d)(1) and (d)(2), specified above in Condition No. 3)shall be that of the"Map Act Rent Date" (specified above in Condition No. 2); ' 5f. As part of the distribution of the Final Public Report, the leases and qualifying information shall be simultaneously distributed and the residents shall have 180 days within which to make their election to purchase or to execute the new leases. If the resident does not want to execute a lease but does want to continue renting his/her space, then the resident may do so under a month-to-month or one-year written rental agreement; 5g. The right of first refusal shall be the passage of six consecutive calendar months from the issuance and delivery of the Final Public Report by the Department of Real Estate. 6. The subdivider shall comply will all future noticing requirement specified in the California Subdivision Map Act, Section 66427.1, as follows: 6a. Each tenant and each person applying for the rental of a unit shall receive a 10 day written notice that an application for a public report will be, or has been submitted to the Department or Real Estate, and that such a report will be available upon request; 6b. Each tenant shall receive a written notification within 10 days of approval of a Final Map for the proposed condominium conversion; 6c. Each of the tenants shall receive 180 days written notice of intention to , convert prior to the termination of tenancy due to the conversion or proposed conversion; and 6d. Each tenant of the proposed condominium shall be given notice of an exclusive right to purchase his or her respective unit for terms available to the general public or terms more favorable to the tenant. This right shall run for a period of not less than 180 days from the date of issuance of the subdivision public report pursuant to Section 11018.2 of the Business and Professions Code, unless the tenant gives prior written notice of this or her intention not to exercise the right. 7. To insure a fair and equitable establishment of the tentative price for the sale of each proposed subdivided lot within the El Dorado Mobile Country Club, prior to the effective date of conversion, the subdivider shall comply with all provisions in Sections 11010, 11010.9, and Chapter 6, of Article 12, commencing with Section ., 2970, of the California Code of Regulations including, but not limited to, the obligation to notify each homeowner or resident of the mobile home park of the tentative price of the proposed subdivided interest to be sold, as required by Section 11010.9(a) of the Business and Professions Code, disclosure of all conditions of the tentative price, as required by Section 11010.9(b) and (c) of the Business and Professions Code, and to strictly comply with each of the disclosure provisions specified in Section 11010(b)(1), (2), (3), (4), (5), (6), (7),.(8), (9), (10), (11), (12), (13) and (15) of the California Business and Professions Code. ' 8. Non-purchasing residents of El Dorado Mobile Country Club shall be protected by the provisions of Chapter 4.08 of the Palm Springs Municipal Code (Rent Control), until such time of the "Map Act Rent Date", as defined in Condition No. 2. Resolution 19889 Page 10 9. All applicable original conditions of approval from Resolutions pertaining to the development of the El Dorado Mobile Country Club are still in full force and effect. 10. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions("CC&R's")to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, an additional deposit in the amount of$5,000.00, for the review of the CC&R's by the City Attorney. 11. The gated access on Bolero Road shall be upgraded to the satisfaction of the Director of Planning and Building and the City Engineer. A site plan, landscape/irrigation plan and all necessary gate information(i.e.the design, height, texture and color) shall be submitted for review and approval of the Director of Planning and Building and the City Engineer prior to recordation of the final map. 12. Provisions for repair of areas of deteriorated asphalt and curbing within the interior of the project only shall be provided through an unsecured improvement agreement, to the satisfaction of the Director of Planning and Building and the City Engineer, prior to recordation of the final map. 13. If a third party(other than the tenant) buys a lot, the original tenant may continue to rent from the third party, as long as such tenant wishes to remain a resident, and subject to the rental rate limitation specified by Section 66427.5 of the California Subdivision Map Act or Section 4.08.130 of the Palm Springs Municipal Code, as applicable. 14. Under no circumstances shall there be more than one mobile home per lot. 15. The property shall be maintained in accordance with Section 9319.00 of the Zoning Ordinance. 16. The applicant shall provide all tenants with Conditions of Approval of this project. 17. The subdivider shall afford the following financial assistance to the following categories of residents of the mobile home park: 17a. For all year-round residents of the mobile home park who meet the criteria of median income households, as that term is defined in the State of California Department of Housing and Community Development Mobilehome Park Resident Ownership Program (MPROP), the sum of $6,000.00 to be utilized in purchasing a unit (or lot); or 17b. For all residents of the mobile home park who meet the criteria of lower income households, as defined in Section 50079.5 of the Health & Safety Code, the sum of$3,000.00 to be utilized in purchasing a unit (or lot); 17c. For all other residents of the Mobile home park, the sum of$2,000.00 to be utilized in purchasing a unit (or lot). Resolution 19889 Page 11 POLICE DEPARTMENT: 18. Developer shall comply with Section li of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 19. Prior to any construction on-site, all appropriate permits must be secured. 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: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. The Engineering Department recommends deferral of off-site improvement ITEMS 11 and 20 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the Final Tract Map. The Final Tract Map will not be approved until completion of the covenant. PALM CANYON DRIVE EAST 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. 3. Construct an 8 inch curb and gutter,44 feet NORTHEAST of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200. 4. Construct an 8 foot cross gutter and spandrel at the intersection of PALM , CANYON DRIVE EAST(HWY. 111)and MAIN ENTRANCE with a flow line parallel to the centerline of PALM CANYON DRIVE EAST (HWY. 111) in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Resolution 19889 Page 12 5. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum width of 32 feet to accommodate a curb ramp. 6. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 7. Construct a curb ramp meeting current California State Accessibility standards on both sides of the MAIN ENTRANCE per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 8. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 355. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 9. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced, or provided for via an improvement agreement, to the satisfaction of the City Engineer. BOLERO ROAD 10. All broken or off grade CURB, GUTTER, AND AC PAVEMENT shall be repaired or replaced, or provided for via an improvement agreement, to the satisfaction of the City Engineer. GRADING 11. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6"deep-to keep nuisance water from entering the public streets, roadways, or gutters or provided for via an improvement agreement, to the satisfaction of the City Engineer. DRAINAGE 12. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. 13. The owner shall notice all residents and prospective residents as part of the Final Public Report to the Department of Real Estate that the southern two- thirds approximately, of this property is in Federal Insurance Rate Map (FIRM) zone AO(3) and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 14. The elevation of the mobile homes in the AO (3) zone shall meet the requirements of the State relative to mobile homes in a special flood hazard area and shall be revised if necessary to conform to FEMA standards. GENERAL Resolution 19889 Page 13 15. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. , 203. 16. 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 hoot barriers installed per City of Palm Springs Engineering specifications. MAP 17. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department. 18. Developer shall provide tenant notification for subdivisions to be created from the conversion of residential property into a condominium project in compliance with Sections 66427.1 and 66452.3 of the Subdivision Map Act, as applicable. 19. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made upon approval by City Council of the Tentative Map. TRAFFIC ' 20, The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture,fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE EAST (HWY. 111) frontage of the subject property. 21. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996. or subsequent additions in ., force at the time of construction.