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HomeMy WebLinkAbout20007 - RESOLUTIONS - 3/21/2001 RESOLUTION NO. 20007 , OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING SUBJECT TO THE CONDITIONS STATED,CASE NO. 5.0853,(PLANNED DEVELOPMENT NO.264) AND TENTATIVE TRACT MAP NO. 29988 TO DESERT SHADOWS 3 LP FOR A PLANNED DEVELOPMENT DISTRICT FOR A PROPOSED 17-UNIT CONDOMINIUM PROJECT AND 3,968 SQUARE FOOT RECREATION BUILDING ON A 1.85 ACRE PARCEL AT 100 EAST STEVENS ROAD, R-3/C-1 ZONE, SECTION 10, AND MAKING FINDINGS IN SUPPORT THEREOF. ------------- WHEREAS, Desert Shadows 3 LP ("Applicant") has filed applications with the City pursuant to Sections 94.03.00 and 94.04.00 of the Zoning Ordinance, Case No.5.0853(Planned Development District 264) for the development of a 17-unit condominium project and 3,968 square foot recreation building on a 1.85 acre parcel located at 100 East Stevens (Road, R-3/C-1 zone, Section 10; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Case No. 5.0853 was given in accordance with applicable law; and WHEREAS, on January 24, 2001, a public hearing on the applications for Case Permit No. 5.0843 was held by the Planning Commission in accordance with applicable: law; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Applicant's application for Case No. 5.0853 was given in accordance; with applicable law; and WHEREAS, on March 21, 2001, a public hearing on the application for Case No. 5.0853 was held by the City Council in accordance with applicable law; and WHEREAS, the proposed project, (Case No. 5.0843), is categorically exempt from the provisions of the California Environmental Quality Act(CEQA)pursuantto Section 15332(In-fill Development Projects). 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. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: This Planned Development District and Tentative Tract Map are categorically exempt from environmental assessment per Section 15332 of the California Environmental Quality Act (CEQA) in that Section 15332 states that in-fill development projects are exempt from CEQA. ' Case No. 5.0853 - Resolution 20007 March 21, 2001 Page 2 of 4 Section 2: Pursuant to Section 94.03.00 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance. The proposed Planned Development District will allow for a 17-unit condominium project and 3,968 square foot recreation building on the subject property, including modifications to building setbacks and a special street design section for Stevens Road. b. The proposed Planned Development District is consistent with the applicable general and specific plans. The subjectproperty is designated H-43/21 (High Density Residential)on the City's General Plan Land Use Map and R-3 (Multiple-Family Residential and Hotel Zone) and C-1 (Retail Business Zone) pursuant to the Zoning Map. The objective of the H-43/21 General Plan Designation is to allow for multi-family apartments and similar permanent housing. The proposed developmentof 17condominium units and a 3,968 squarefoot recreation building on a 1.85 acre site(9.18 dwelling units per acre)fits within the range of uses allowed within the High Density Residential General Plan category. ' C. The use applied for is necessary or desirable forthe development of the community, is in harmonywith the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed Planned Development District application for a 17-unit condominium project and 3,968 square foot recreation building is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. d. The design or improvements of the proposed planned development are consistent with the General Plan. The subject site is zoned R-3 (Multiple-Family Residential and Hotel Zone)and C-1 (Retail Business Zone) and designated H-43/21 (High Density Residential) on the City's General Plan Land Use Map. The project will be compatible with the General Plan and with surrounding existing land uses. e. The site is physically suitable for the type of development contemplated by the proposed planned development. The project has been designed to complywith the performance and development standards ' of the R-3 zone, with the exception of building setbacks. The site is relatively flat with native vegetation scattered across the property and no overhead utilities, and will be accessed primarily via Stevens Road with a secondary access of Indian Canyon Drive North. Proposed setbacks are consistent with existing development patterns in the lgc 2 Case No. 5.0853 - Resolution 20007 ' March 21, 2001 Page 3 of 4 immediate neighborhood. Thus, the project should be compatible with the surrounding neighborhood. f. The site is physically suitable for the proposed density of development contemplated by the proposed development. The project has been designed to comply with the density standards of the R-3 zone. g. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed planned development is bordered on three sides by roadways, two of which are major thoroughfares, and one of which is a collector street. To address future cumulative traffic issues in the immediate area, the perimeter streets will be required to be dedicated and developed in the future to theirfull ultimate half-street widths,consistentwith the goals, policies and objectives of the City's Generall Plan. The payment of Transportation Uniform Mitigation Fund (TUMF) fees will be required upon issuance of building permits. With the above items incorporated into the recommended Conditions of approval for the project (Exhibit A), the vehicular circulation system will not be negatively impacted by trips generated from this project. The Planning Commission finds that deferring street improvements on North Palm Canyon Drive and North Indian Canyon Drive is consistent with street patterns on adjacent properties and in this area. h. The conditions to be imposed and shown on the approved site pan are deemed necessary to protect the public health, safety and general welfare. All proposed conditions of approval are necessary to ensure public health and safety, including, but not limited to, the requirements for public street improvements, landscape and wall treatments along the project perimeter and appropriate on-site lighting. i. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of-way to the City and the off-site improvements as related to the Planned Development District. The conditions requiring off-site improvements which are required by City ordinances are related to the proper function of the project in the proposed location. Visitors and owners will utilize North Palm Canyon Drive, Stevens Road and Indian Canyon Drive North to access the site. Conditions of approval require full street improvements along all three street frontages, including the installation of improvements such as curbs, gutters and sidewalks. All of the required off-site improvements will provide direct and immediate safety benefits to the visitors and owners of the proposed project and the requirements will provide for an aesthetically pleasing site for its users to enjoy. The requirement improvements are in rights-of-way immediately adjacent to the site, which must be utilized by those accessing the subject site. Transportation Uniform Mitigation Fund (TUMF) fees will be'required to be paid upon issuance of building permits for the project to mitigate additional traffic generated by the project. / 803 Case No. 5.0853 - Resolution 20007 ' March 21, 2001 Page 4 of 4 j. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks as modified, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. NOW, THEREFORE, BE IT RESOLVED that based upon the foregoing, the City Council hereby approves Case No. 5.0853, subject to those conditions set forth in Exhibit A on file in the Department of Planning and Building, which are to be satisfied prior to issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 21st day of March , 2001. AYES: Members Hodges, Jones, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ABSTAIN: None TT T: CITY OF PALM SPRINGS ' City Clerk City Ma- nag� G REVIEWED AND APPROVED AS TO FORM: Resolution 20007 Page 5 RESOLUTION NO. 4726 ' EXHIBIT A Case 5.0853 (PD 264/TTM 29988) Desert Shadows 3 LP 100 E Stevens Road January 24, 2001 CONDITIONS OF APPROVAL Beforefinal acceptance ofthe project,all conditions listed belowshall be completed to the satisfaction of the City Engineer, the Director of Planning, 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: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, 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 5.0853 and TTM 29988. 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. 3. The appeal period for this application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. IVA13 Resolution 20007 Page 6 Case 5.0853 Conditions of Approval ' January 24, 2001 Page 2 of 15 4. The final development plans shall be submitted in accordance with Section 94.03 of the Zoning Ordinance. Final development plans shall include the following: site plan, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, walls, fencing, retaining walls and all gates,exterior lighting plans,sign program,site cross sections, property development standards, design plans and street improvement plans for Stevens Road and other such documents as required by the Planning Commission and/or City Council. Final development plans shall be submitted to the Planning Commission for approval within two (2) years of the City Council approval of the preliminary planned development district. 5. Pursuant to Section 93.04.1.1, if the owners of the property have not commenced substantial construction within six(6)months from the date of the final development plan as approved by the Planning Commission,the Planned Development District shall become null and void. For good cause shown by the property owner, the Planning Commission may extend the six(6) month period required for commencing construction. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant palm trees(14 feet from ground to fronds in height)60 feet apart along the entire frontage of Palm Canyon Drive (if not existing). 8. 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 and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 9. Pursuant to Fish and Game Code Section 711.4, a filing fee of $78.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall be in the form of a money order or cashier's check payable to Riverside County. 10. Prior to 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. 11. 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. 12. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep. / V# Resolution 20007 Page 7 Case 5.0853 Conditions of Approval January 24, 2001 ' Page 3 of 15 The irrigation system shall be field 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. 13. 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. 14. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 15. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate anyfixtures or equipment to be located on the roof of the building,the equipment heights,and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 16. All materials on the flat portions of the roof shall be earth tone in color. 17. No exterior down spouts shall be permitted on any facade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. 18. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 19. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. Perimeter wall material shall be a decorative block(not stucco finish). 20. The street address numbering/lettering shall not exceed eight inches in height. 21. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Building Official. 22. An exterior lighting plan in accordance with the Zoning Ordinance;Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits.A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot 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. 23. If proposed, parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. l QA/s- Resolution 20007 Page 8 Case 5.0853 Conditions of Approval ' January 24, 2001 Page 4 of 15 24. Parking lot lighting shall be primarily from carport structures mounted above parking spaces and shielded from direct view, as to minimize impacts on adjacent properties, to the satisfaction of the Director of Planning and Building. 25. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 26. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4%for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building 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. 27. Details of pool fencing (material and color)and equipment area shall be submitted with final landscape plan. 28. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 29. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s)of the project. Said transformer(s)must be adequately and decoratively screened. 30. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 31. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 32. Concrete walks with a minimum width of two(2)feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11)feet wide. 33. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 34, Standard parking spaces shall be 17 feet deep by 9 feet wide;compact sized spaces shall be 15 feet deep by 8 feet wide. The handicap parking space shall be 18 feet deep by 9 feet wide and shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". /f*4 Resolution 20007 Page 9 Case 5.0853 Conditions of Approval ' January 24, 2001 Page 5 of 15 35. Handicapped accessibility shall be indicated on the site plan to include the location of the handicap parking space, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 36. Compact and handicapped spaces shall be appropriately marked per Section 9306.00C 10. 37. Curbs shall be installed at a minimum of five(5)feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2)feet from the face of walls, fences or buildings adjoining driveways. 69. All parking areas shall be adequately screened pursuant to Section 93.06.00 of the Zoning Ordinance,including the use of decorative screen walls in the streetsc:ape areas between on- site parking areas and the public streets. As such, four foot high walls and/or berms are required. Should berming be used adjacent to retention basins for on-site drainage, the berming shall fit aesthetically and shall not include extreme slopes for either the berms or the retention basins. If walls are utilized, the design, height, texture and color of the walls shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. 39. The final design of the vehicular access points, which include access gates, turn-around areas, on-site circulation, etc. shall be submitted for review and approval by the Director of Planning and Building and Fire Marshal prior to issuance of building permits. 40. 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 a deposit in the amount determined by the City Manager for the review of the CC&R's by the City Attorney. 41. All awnings shall be maintained and periodically cleaned. 42. A heavy landscape screen shall be provided along the westerly/northwesterly property lines to screen the project from the adjacent and contiguous commercial uses to the west/northwest,especially around the pool area,to the satisfaction of the Director of Planning and Building. 43. The streetscape along Stevens Road should be improved with additional landscaping material, to the satisfaction of the Director of Planning and Building. 44. Taller trees should be used along North Indian Canyon and North Palm Canyon to break up the buildings, to the satisfaction of the Director of Planning and Building. / f d/? Resolution 20007 Page 10 Case 5.0853 Conditions of Approval ' January 24, 2001 Page 6 of 15 45. Trees within individual courtyards should be installed to provide greater screening of the units along street frontages, to the satisfaction of the Director of Planning and Building. 46. The secondary access point on North Indian Canyon Drive shall have signage indicating "Employee Entrance Only" to reduce the number of misdirected vehicles. 47. Buildings 1, 3 and 4 shall be moved southerly 10 feet,thus increasing the open space and/or setback to the recreation building. POLICE DEPARTMENT: 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. The type of construction for residential buildings with more than 3,000 square feet above the first floor should read "Type V 1-hour, sprinklered in lieu of 1-hour." ' 2. Clearly dimension building setbacks from all adjacent buildings and structures on the site plan. 3. When two or more buildings are on the same property, the buildings shall have an assumed property line between them for the purpose of determining the required wall and opening protection and roof cover requirements, per Section 503.1. Note: If the carport nearest Building 2 is less than eight(8)feet from the building, openings will not be allowed and the wall at this location will be required to be of one-hour fire-resistive construction. 4. The exterior walls of the recreation building where they are less than five (5) feet to the property line shall be two-hour fire-resistive construction, per Section 503. 5. Exterior walls shall have a 30-inch parapet when less than 20 feet to a property line or an assumed property line. The uppermost 18 inches of such parapet shall be noncombustiblle. (See exceptions, Section 709.4.) 6. Prior to any construction on-site, all appropriate permits must be secured. FIRE: ' 1. Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, plus NFPA 13, 24 and 72. HAlr Resolution 20007 Page 11 Case 5.0853 Conditions of Approval January 24, 2001 ' Page 7 of 15 2. Addresses shall be in accordance with the 1998 California Building Code. Contact Building Official. 3. Fire apparatus access shall be provided in accordance with the '1998 California Fire Code. 4. Provide at least 13'6" of height clearance for fire apparatus. 5. The turning radius of fire apparatus access roads shall be at least 43 feet from centerline. 6. Approved fire apparatus turn-arounds shall be provided for all dead-end access roads in excess of 150 feet in length. 7. Construction site fencing required. Fire apparatus access gates shall be at least 14 feet in width and equipped with a frangible chain and padlock. 8. A construction site guard is required for combustible construction over 5,000 square feet. Contact this office as soon as possible. 9. Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes(or combinations thereof)located as directed by this office,but not laterthan the time when combustible materials are delivered to the construction site. 10. An automatic Fire Sprinkler System with 24-hour monitoring is required and shall be in accordance with City of Palm Springs Fire Protection Master Plan Volume ll, City of Palm Springs Ordinance 1570 and NFPA Pamphlet 13. 11. A commercial fire hydrant is required at East Stevens entrance. Installation shall be in accordance with Desert Water Agency specifications and engineering requirements. 12. Portable Fire Extinguishers shall be installed in accordance with 1998 California Code Article 10, and Standard 10. 13. Residential Smoke Detectors shall be installed to protect all sleeping areas in accordance with the 1998 California Building Code and manufacturer's directions. Contact Building Official. 14. Fire Alarm System required. Installation and maintenance of a fire alarm system shall be in accordance with NFPA 72. 15. All means of egress shall be in accordance with the 1998 California Building Code Chapter 10. Contact Building Official as soon as possible. 16. Further comments as conditions warrant. ENGINEERING: 1*411 Resolution 20007 Page 12 Case 5.0853 Conditions of Approval January 24, 2001 Page 8 of 15 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. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. 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, rF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. INDIAN CANYON DRIVE NORTH 3. Dedicate an additional right-of-way of 20 feet to provide the ultimate half street width of 50 feet along the entire frontage of APN 505-166-009 and 007, together with a property line - comer cut-back at the SOUTHEAST corner of APN 505-166-007 in accordance with City of Palm Springs Standard Drawing No. 105. 4. Dedicate an additional right-of-wayof 15.5 feet to provide theultimate half street width of 50 feet along the entire frontage of APN 505-166-008 in accordance with City of Palm Springs Standard Drawing No. 105. ' 5. Construct an 8 inch curb and gutter, 38 feet WEST of centerline along the entire frontage, with a 35 foot radius curb return at the SOUTHEAST comer of the subject property per City of Palm Springs Standard Drawing No. 200. A`I� Resolution 20007 Page 13 Case 5.0853 Conditions of Approval ' January 24, 2001 Page 9 of 15 6. Remove and reconstruct the NORTH half of an 8 foot cross gutter and spandrel at the intersection of INDIAN CANYON DRIVE NORTH and STEVENS ROAD with a flow line parallel to the centerline of INDIAN CANYON DRIVE NORTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The new design shall meet the existing cross-gutter flow line at the centerline of Stevens Road. 7. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 24 feet. The driveway shall be signed'Employee Only'or similar wording to discourage public use. 8. 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. 9. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHEAST comer of the subject property per City of Palm Springs Std.Dwg.Nos. 212 and 212A. 10. 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 sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard DrawingNo. 110 AND 340.The pavement section shall be designed, using "R"values,by a licensed Soils Engineer and submitted to the City Engineer for approval. PALM CANYON DRIVE NORTH 11. Dedicate an additional right-of-way of 9 feet to provide the ultimate half street width of 50 feet along the entire frontage, together with a property line- corner cut-back at the SOUTHWEST corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 12. Construct an 8 inch curb and gutter, 38 feet EAST of centerline along the entire frontage,with a 35 foot radius curb return at the SOUTHWEST corner of the subject property per City of Palm Springs Standard Drawing No. 200. 13. In accordance with Planning Commission Resolution No. 1503,dated November 18, 1970,the developer is required to either relocate the existing palm trees or plant palm /1i4 2 / Resolution 20007 Page 14 ' Case 5.0853 Conditions of Approval January 24, 2001 Page 10 of 15 trees(14 feet from ground to fronds in height)60 feet apart along the entire frontage of Palm Canyon Drive.All electrical and irrigation connections shall be relocated as well. 14. Remove and reconstruct the NORTH half of an 8 foot cross gutter and spandrel at the intersection ofPALM CANYON DRIVE NORTH and STEVENS ROAD with a flow line parallel to the centerline ofPALM CANYON DRIVE NORTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The new design shall meet the existing cross-gutter flow line at the centerline of Stevens Road. 15. 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. 16. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHWEST comer of the subject propertyper City of Palm Springs Std.Dwg.Nos. 212 and 212A. 17. 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 sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 AND 340.Thepavement section shall be designed, using"R" values,by a licensed Soils Engineer and submitted to the City Engineer for approval. STEVENS ROAD 18. Dedicate an additional right-of-way of a minimum of 20 feet to provide the ultimate full street width of 50 feet along the entire frontage, together with a property line - comer cut-back at the'SOUTHEAST AND SOUTHWEST comers of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 19. Remove the existing vertical curb and gutter located 3 feet SOUTH of centerline and replace with 6 inch curb and gutter,located 9 feet NORTH of centerline EXCEPT for popout sections where curb and gutter shall be located 1 foot north of centerline as shown on Tentative Tract Map 29988 date stamped 1/12/01.Construct a 35 foot radius curb return at the SOUTHEAST AND SOUTHWEST corners of the subject property per City of Palm Springs Standard Drawing No. 200. 19A. The street centerline shall be double yellow striped. ' 20. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 10 feet. 1'94 ;tI Resolution 20007 Page 15 Case 5.0853 Conditions of Approval ' January 24, 2001 Page 11 of 15 21. The main entryshall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 42 feet. 22. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 23. Remove and replace existing pavement with a minimurn pavement section of 2-1/2 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 sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 AND 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 24. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 25. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 26. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department,The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department. Resolution 20007 Page 16 Case 5.0853 Conditions of Approval ' January 24, 2001 Page 12 of 15 C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. 27. Drainage swales shall be provided adjacent to all curbs and sidewalks-Y wide and 6" deep -to keep nuisance water from entering the public streets, roadways, or gutters. 28. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars($2,000.00)per acre for mitigation measures of erosion/blowsand relating to his property and development. 29. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site.A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval ' by the City Engineer prior to the issuance of the grading permit. 30. Contact the Building Department to get PMl0 requirements prior to request for grading permit. 31. 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 an engineered grading plan and the export of native soil from the site 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)or a verbal release from that office prior to the issuance of the City grading pen-nit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) ' DRAINAGE 32. The developer shall accept all flows impinging upon his land and conduct these flows /rdf ;z y Resolution 20007 Page 17 Case 5.0853 Conditions of Approval ' January 24, 2001 Page 13 of 15 to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 33. The project is subject to flood control and drainage implementation fees.The acreage drainage fee at the present time is$9,212.00 per acre per Resolution No. 15189.Fees shall be paid prior to issuance of a building permit. ON-SITE 34. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of24 inches at 95%relative compaction,OR equal.The pavement section shall be designed, using"R"values,determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 35. The following requirements for a gated entry shall be met to provide adequate setbacks ' and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum 50 foot setback to the access gate control mechanism B. Provide a turnaround after the mechanism for vehicles unable to enter the project C. Security gates shall be a minimum of 14 feet clear width in each direction. 36. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. GENERAL 37. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115.Pavement shall be restored to a smooth rideable surface. 38. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to ' issuance of a Certificate of Occupancy. Resolution 20007 Page 18 Case 5.0853 Conditions of Approval ' January 24, 2001 Page 14 of 15 39. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and retumed to the CityofPalm Springs Engineering Department prior to issuance of the certificate of occupancy. 40. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 41. The developer shall take every precaution needed to "Protect -in-Place" any existing Whitewater Mutual Water Company water line(s)that may traverse his project. 42. 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. 43. 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. MAP 44. 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. 45. The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all areas of right-of-way or easement dedication shall be submitted to the City Engineer for review and approval with the Grant Deed. 46. The Final Map for Condo Purposes shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 47. 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- l�Rs Resolution 20007 Page 19 Case 5.0853 Conditions of Approval ' January 24, 2001 Page 15 of 15 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 INDIAN CANYON DRIVE NORTH, PALM CANYON DRIVE NORTH and STEVENS ROAD fi-ontages of the subject property. 48. 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 ofTransportation,"MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. 49. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL MULTI-FAMILY ITE Code B land use. 180 " /� 1