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HomeMy WebLinkAbout20322 - RESOLUTIONS - 5/1/2002 RESOLUTION NO. _ 20322 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,CALIFORNIA,APPROVING TENTATIVE TRACT MAP 28495,SUBJECTTO THE CONDITIONS STATED,TO SUBDIVIDE 7.8 ACRES INTO FIFTEEN SINGLE FAMILY RESIDENTIAL LOTS AND ONE COMMON AREA DETENTION BASIN LOT LOCATED SOUTH OF RACQUET CLUB ROAD, WEST OF MILO DRIVE, ZONE R-1-13, SECTION 3. WHEREAS, Simon and Lorraine Grey, (the"Applicants") have filed an application with the City pursuant to Section 9402.00 of the Zoning Code and the Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to subdivide 7.8 acres into 15 single family residential lots and one common area/detention basin lot south of Racquet Club Road and west of Milo Drive,APNs 504-161-001 and 504-161-002(the"Project"), R-I-B Zone,Section 3; and WHEREAS, the Applicant has filed Tentative Tract Map 28495 with the City and has paid the required filing fees; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and ' WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Applicant's application for Tentative Tract Map 28495 was given in accordance with applicable law; and WHEREAS, on March 13, 2002, and March 27, 2002, a public hearing on the application for Tentative Tract Map 28495 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission 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, all environmental data including the initial study, the proposed Mitigated Negative Declaration and all written and oral testimony presented; WHEREAS, on March 27, 2002, the Planning Commission voted to recommend that the City Council approve Tentative Tract Map 28495; and WHEREAS, on May 1, 2002, a public hearing on the application for Tentative Tract Map 28495 was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed Subdivision, Tentative Tract Map 28495, 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 the City's obligation pursuant to its police powers to protect the public health, safety, and welfare; and Resolution 20322 Page 2 WHEREAS,the proposed Subdivision,Tentative Tract Map 28495, is considered a"project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Migitaged Negative Declaration has been prepared for this project, has been distributed for ' public review and comment in accordance with CEQA; 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, all environmental data including the initial study, the proposed Mitigated Negative Declaration 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.- The City Council finds that it has independently reviewed and considered the information contained in the Mitigated Negative Declaration and finds that it adequately discusses the significant environmental effects of the proposed Project, and that on the basis of the initial study and comments received during the public review process, it find that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. The City Council finds that the Mitigated Negative Declaration reflects its independent judgment. ' Section 2. 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 any applicable specific plan; and Section 3' 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 general land use provided in the City's local open space plan; and Section.4: 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. b. The design or improvements of the proposed subdivision are consistent with the General Plan. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. The remainder lot will be merged into an existing, ' parcel through the lot line adjustment procedure. d. The site is physically suitable for the proposed density of development contemplated by the proposed subdivision. Resolution 20322 Page 3 e. The design of the subdivision or improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure ' fish or wildlife or their habitat. f. 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. h. Pursuant to Fish and Game Code Section 711, while this project has the potential to impactfish and game resources, mitigation measures have been incorporated into this project to reduce the potential impacts to a level of less than significant. i. A nexus and rough proportionality have been established for the requirement of the dedication of the additional right- of-way to the City and the off-site improvements as related to this tentative tract map application. j This right-of-way dedications and off-site improvements related to this tentative tract map application are required to comply with the City of Palm Springs local street standards for Sanborn Way. Section 5. Pursuantto Government Code Section 66474.6,the City Council determines 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; and NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves Tentative Tract Map 28495, subject to those conditions set forth in the in Exhibit A on file in the City Clerks office,which are to be satisfied prior to the issuance of a Building Permit unless other specified. ADOPTED this 1" day of May, 2002. AYES: Members Hodges, Mills, Reller-Spurgin, and Mayor Yleindienst NOES: None ABSENT: Member Oden ABSTAIN. None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA "CitLyC l City Manager ' REVIEWED AND APPROVED AS TO FORM Resolution 20322 Page 4 EXHIBIT A Tentative Tract Map 28495 ' South of Racquet Club Road, west of Milo Drive May 1, 2002 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, or 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. 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. 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. Dedicate an easement for sewer and public utility purposes with right-of-way of ingress and egress over private street. The easement shall be the width of the traveled way from face of curb to face of curb. The City shall be provided with a key and/or card for access to the development for sewer maintenance purposes. 3. 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, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc, required by these conditions. 1 Resolution 20322 Page 5 RACQUET CLUB ROAD WEST 1. Dedicate right-of-way of 44 feet to provide the ultimate half street width of 44 feet ' along the entire frontage of the subject property including comer cutback dedications on both sides of Michael Drive in accordance with City of Palm Springs Standard Drawing No, 105. 2. Construct an interim 6 inch curb and gutter, 20 feet SOUTH of centerline along the entire frontage, with a 35 foot radius curb return and spandrels at BOTH SIDES of the intersection with Michael Drive (Private Street) per City of Palm Springs Standard Drawing No. 200 and 206. New curb and gutter shall transition top match the existing roll curb at the easterly tract boundary 3. Construct an interim 6 foot wide cross gutter at the intersection of Racquet Club Road West and Michael Drive with a flow line parallel with and 20 feet south of the centerline of Racquet Club Road West in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 4. Construct an interim catch basin drop inlet structure to accept street drainage into the detention basin. 5. Construct minimum interim 24 foot wide driveway approaches for access to the detention basin(Lot B)and drainage easement access road in accordance with City of Palm Springs Standard Drawing No. 201_ The driveway approach for access to the detention basin (Lot B) shall be modified as necessary to accommodate the required weir outlet structure as detailed in the final drainage study. ' 6. Construct an interim Type A curb ramps meeting current California State Accessibility standards at the SOUTHEAST AND SOUTHWEST comers of the intersection of Racquet Club Road/ Michael Drive per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 7. Remove,and replace existing pavementwith a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage and tapering to meet existing street improvements at the east side of the tract in accordance with City of Palm Springs Standard Drawing No. 110 and 330.The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 8. Construct a dead end with barricades and 'end of road' signage at the northwest corner of the tract. Resolution 20322 Page 6 9. Developer shall agree to construct, pursuant to provisions of a subdivision improvement agreement and shall secure costs as required therein, ultimate Racquet Club Road West improvements necessary to widen and construct full half- ' street improvements to be in compliance with the General Plan designation of Racquet Club Road West as a Secondary Thoroughfare. Improvements required to be constructed shall include all necessary removals and relocations of interim improvements allowed herein (curb and gutter, sidewalks, driveway approaches, curb returns, spandrels, and cross-gutter, and access ramps) and construction of ultimate improvements. This action shall become null and void at such time as by City Council action the General Plan designation for Racquet Club Road West adjacent to this project is reclassified from a Secondary Thoroughfare to a Collector. MICHAEL DRIVE (Private Street) 1. The right-of-way width shall be a minimum of 37 feet wide (back of curb to back of curb). 2. Construct a 6 inch curb 18 feet west of centerline and 6 inch curb and gutter 18 feet east of centerline along the entire frontage, with a 35 foot radius curb return and spandrel at both sides of the intersection with Racquet Club Road West per City of Palm Springs Standard Drawing No. 200. Construct a turn around area between the card reader and the gates per gated entry requirements (see condition no. 40). 3. Construct pavement with a minimum 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 face of curb to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 as modified to allow cantilevered cross-slope. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANBORN WAY 1. Dedicate an additional right-of-way of 30 feet to provide the ultimate half street width of 30 feet along the entire frontage of the subject property. 2 Construct 6 inch curb and gutter, 18 feet north of centerline along the entire frontage of the subject property per City of Palm Springs Standard Drawing No. 200, 3. Construct a dead end with barricades and 'end of road' signage at the southwest corner of the tract. 4. Construct a 20 foot wide driveway approach and 6 inch thick, 20 foot wide concrete driveway for emergency access to the cul-de-sac at the south end of Michael Drive. Resolution 20322 Page 7 5. Construct pavement with a minimum pavement section of 2-112 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to ' centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 305. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 1. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at manholes. 2. Construct sewer laterals from the proposed sewer main to a location in the proximity of future plumbing outlets for each Lot. Cap all sewer laterals at the right-of-way line for future connection to developed Lots. 3. Developer shall construct an 8 inch sewer main across the entire Michael Drive frontage. Developer shall also construct an 8 inch sewer main across the east sides of Lots 10 through 15 and the common area, extending across the easterly tract boundary and connecting into the proposed sewer main extension in Racquet Club Road West, to allow for a gravity collection system. Sewage pumping for individual lots shall not be permitted. The developer may submit alternative plans for a gravity flow sewer system for this tract for review and approval of the City Engineer. ' 4. Developer shall construct an 8 inch sewer main within Racquet Club Road West, extending to the west boundary of the property, in accordance with the Master Plan of Sewers, connecting from the existing sewer system at the manhole located 238 feet west of the street centerline intersection of Girasol Avenue and Racquet Club Road West. The developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of construction costs for the sewer main extension, not including the project frontage, as properties connect to the extended sewer main in the future. Developer should contact the City Engineerfor details relating to a sewer reimbursement agreement. 5. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the system. 6. Submit sewer 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: A. Copy of signed Conditions of Approval from Planning Department B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. Resolution 20322 Page 8 GRADING 1. 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. 2. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for review and approval. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department.A PM 10 (dust control) Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. 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. 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. F. Copy of Hydrology Study/Report, IF required by these conditions. ' G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657- 0687) to the City Engineer prior to issuance of the grading permit. 3. 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. 4. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 5. 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/blows and relating to his property and development. 6. A soils report prepared by a licensed Geotechnical 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. 7. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. Resolution 20322 Page 9 8. 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 import or 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 1. The developer shall accept all stormwater runoff falling onto and crossing the project site, and convey the runoff to Racquet Club Road West through storm drain channels, improvements, and a detention basin, as outlined in the approved preliminary drainage study forthis tract dated December2001, prepared by Warner Engineering. The developer shall provide a final drainage study for this tract that shall be used to control the design and construction of storm drainage improvements and the detention basin, and shall provide the study to the Engineering Department with the first submittal of the grading plan for review and approval by the City Engineer, The grading plan will not be accepted for review and approval without submittal of a final drainage study. ' The developer shall construct all required storm drainage improvements and the detention basin, as required by a final drainage study as approved by the City Engineer, concurrent with and as a part of the grading for this tract. 2. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 1. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103, curb portion only. The proposed center island within the cul-de-sac shall not exceed twenty feet (20') in diameter, with a minimum clear turning radius of forty-three feet (43') provided throughout the cul-de-sac. 2. 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. For driveway entrances, the entry shall have a minimum width of 60 feet. B. The entry shall provide a minimum 50 foot setback from the face of ' curb to the access gate control mechanism. Resolution 20322 Page 10 C. Provide a turnaround of sufficient width (for delivery trucks to turn around)after the mechanism forvehicles unable to enterthe project. Provide plan showing vehicle turning radius movements to support ' proposed width. D. Security gates shall provide a minimum of 15 feet clear access in each direction. GENERAL 1. 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. 2. All existing and proposed utility lines that are less than 35kV on or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. If it can be demonstrated that overhead service drops to existing residential properties adjacent to the project are part of existing utility lines subject to undergrounding, the owner shall enter into a covenant agreeing to underground all existing overhead facilities on or adjacent to the project that are less than 35kV in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the owner ' and submitted to the City Engineer prior to issuance of a grading permit. 3. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 4. 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 returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 5. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 6. 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. 7. 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 Zoning Code Section 93.02.00, D. 8 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. Resolution 20322 Page 11 MAP 1. 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- 2. 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 prior to issuance of grading or building permits. TRAFFIC 1. 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 Racquet Club Road West and Sanborn Way frontages of the subject property. 2. A 30 inch "STOP" sign with street name signs, standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620- 625 at the southeast corner of Racquet Club Road West and Michael Drive, 3. 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. FIRE: 1. Access During Construction: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' and an unobstructed vertical clearance of not less than 14'6'. Fire department access roads shall have an all weather driving surface and support a minimum weight of 67,500 lbs. (Sec. 902 CFC) 2. Fire apparatus access plans. Plans for fire apparatus access roads shall be submitted to the fire department for review and approval prior to construction. Plans shall include certification from a Registered Professional Engineer stating the roads are of all weather construction and capable of supporting fire apparatus weighing 67,500 Ibs G.V.W. (901.2.2.1 CFC) 3, Water Systems and Hydrants: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 the fire department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) Resolution 20322 Page 12 4. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except ground cover plantings. ' 5. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 6. Fire hydrant systems: Following fire department selection of hydrant locations,plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.2.2.2) 7. Building or Complex Gate Locking Devices: Gate(s)shall be equipped with a KNOX key switch device or Key box. Contact the fire department for a KNOX application form. 8. Residential Smoke Detector Installation: Provide Residential Smoke Detectors Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) 9. Site Fire Protection: Provide a garden hose or hoses on construction site equipped with an adjustable spray nozzle capable of reaching all combustible construction. 10. Premises Identification: 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. ' 11, Fire Department Access Road Dimensions: Provide a minimum of 20 feet unobstructed width. If parking on access road is desired, provide an 8 foot parking lane with opposing curb marked red with appropriate signage for a total of 28 feet in width. Provide an additional 8 feet for parking on both sides of access road for a total of 36 feet in width. 12. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 14'6". 13. Fire Flow Determination: Provide information on the size of the proposed buildings and type of construction. This is necessary to determine fire flow requirements. 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. Resolution 20322 Page 13 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 advisory agencies, or legislative body concerning Tentative Tract Map 28495. The City of Palm Springs will promptly notify the applicant of any such claim, action,or proceeding against the City of Palm Springs and will cooperate fully in the defense. 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. 3. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a filing fee of $1,250.00 plus an administration fee of-$78.00 shall be submitted by the applicant in a form of a money order or a cashier's check in the amount of$1,328.00 payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with Notice of Determination. 4. Prior to final map approval, the applicant shall submit a comprehensive set of codes, covenants, and restrictions ("CC&R's") to the Director of Planning and Building with the application for Final Map for approval in a form approved by the City Attorney, to be recorded prior to the 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 and conditions stated herein. CC&R's shall include project design guidelines, including but not limited to landscape requirements,slope ' restoration, building height Standards, walls, building materials, multi- level homes conforming to existing topography. The applicant shall reimburse the City for all legal costs associated with City Attorney review and approval of project CC&R's. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2500, for the review of the CC&R's by the City Attorney, 5. That detailed entry gate plans if proposed shall be submitted pursuant to Section 9404.00 of the Zoning ordinance. Plans shall be submitted to and approved by the Director of Planning & Building and City Engineer prior to submission of the final map for approval. 6. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 7. Architectural approval shall be valid for a period of two(2)years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. S. Not used. 9 Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted ' for approval by the Department of Planning and Building prior to approval of a final map, Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Resolution 20322 Page 14 10, 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. 11. Priorto 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. 12. The grading plan shall show the disposition of all out and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 13. Drainage sales shall be provided adjacent to all curbs and sidewalks, 3' wide and 6" deep. 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. 14. 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. 15. 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, ' 16. 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. 17. The applicant shall relocate underground the existing and all proposed utility lines prior to the issuance of a building permit. 18. The applicant shall submit final landscape, irrigation and exterior lighting plans for approval by the Director of Planning and Building prior to approval of a final map. 19. Applicants seeking architectural approval of each future single family residence shall submit detailed grading, site, landscape plans and site cross sections for review pursuant to Section 94.00,Architectural Review, and Section 93.13, Hillside Developments, of the Palm Springs Zoning Ordinance. 20. Mass grading shall be prohibited as part of the project. That grading of individual lots shall be prohibited until such time that building permits are issued for single family residences. Contour and terrace grading shall be required for development of individual lots within the project. Split level pads and yards shall be required which step development and create transitions. 21 All retention basins and other drainage infrastructure shall be constructed using a , ' high quality landscape program and with decorative colored block, and an automated irrigation system. The retention basin shall be designed to serve as passive recreation areas. All landscaping shall be designed in accordance with Section 93.02 of the Zoning Ordinance. Resolution 20322 Page 15 22. All construction debris on site shall be excavated, removed and replaced with compacted fill. ' 23. The minimum seismic design of all future residences shall comply with the Uniform Building Code. 24, All future residences shall employ engineered design and earthquake resistant construction. 25. An on-site detention basin and related drainage improvements shall be constructed by the developer as a part of the project. The basin and related improvements shall be designed and constructed so that its size will detain sufficient storm water run-off such that the maximum flow existing the basin during a 100-year storm will not exceed the historic flow onto Racquet Club Road West of 62 cfs. The basin shall be constructed to contain the 100-year storm with peak flow existing the basin through a 20 feet wide weir structure will be 57.46 cfs, with the basin containing 5.268 acre feet (or 229,475 cubic feet) of stormwater runoff. The basin shall be designed according to the specifications contained in the hydrology report for the project. The tentative map shall be revised to allow for a larger detention basin as required by the study. 26. A final drainage study shall be provided to govern the actual design and construction of the storm drainage improvements for Tentative Tract Map 28495, including storm drain pipe, drainage channels, and the common area detention basin. ' 27, The detention basin shall be landscaped and designed to serve as a passive on-site recreation amenity. 28. The project CC&Rs shall address routine, regular, and after-storm maintenance of all retention related facilities, and a separate maintenance account shall be established and funded for same. Project CC&R provisions regarding drainage and retention basin maintenance shall be approved by the City Engineer. 29. The applicant shall dedicate 30' of street right of way and shall construct half-street improvements along Sanborn Way, including pavement, curb, gutter and sidewalk, to the satisfaction of the Fire Department and the City Engineer. 30, If blasting is determined to be necessary as part of the excavation operation for any of the future residences on the property, the timing such procedures shall be planned with the assistance of a biologist If the biologist determines that the location and extent of blasting is likely to affect sheep lambing, breeding, or watering, blasting should be done during a period when the auditory impacts will be negligible. A biological monitor may also be necessary prior to and during blasting events to halt blasting if sheep are present in the area. While the biologist will determine the final implementation techniques, it is anticipated that the biologist will be positioned at the higher elevations of the site equipped with a spotting scope and radio and would conduct visual surveillance before and during the blasting. ' 31, Any additional landscaping or landscape alteration outside of fenced areas shall consist of plant species that are native to the immediate areas. No oleanders shall l be planted on the project perimeter or within areas open to undeveloped areas. Resolution 20322 Page 16 32. The final design of any perimeter fencing or walls shall be reviewed by the Planning and Building departments as part of the Architectural Review process for each residence within the subdivision. The fencing shall be of a height, location, and ' design so as not to create a "trap" for Peninsular Bighorn Sheep that could potentially wander to the fringe of the subdivision. 33, The developer shall construct a fence or wall at least 6 (six) feet high around the perimeter of the subdivision for the purpose of keeping bighorn sheep out of the area of development. 34. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Species Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 35, The developer shall extend sewer service to the site. The project shall include the provision of sewer service to all future residences. Improvement plans associated with the Final map shall include the provision of sewer service as a part of the project. The developer may enter into a reimbursement agreement with the City. 36. An on-site archaeological monitor shall be present during all grading operations. A report shall be submitted by the monitor to the City following observation of grading operations. A grading report, including daily inspection log shall be submitted and approved prior to final inspection of tract improvements and prior to pad certification for all subsequent single family residences. 37. 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. 38. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 39. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 40. 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 & Building 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. No lighting of the hillside is permitted. 41. All future residences 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 permitvaluation 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.