Loading...
HomeMy WebLinkAbout20323 - RESOLUTIONS - 5/1/2002 RESOLUTION NO. 20323 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN APPLICATION BY CANYON GATE LLC., FOR A CASE 5.0898-PD-273-A PRELIMINARY PLANNED DEVELOPMENT DISTRICT FOR A GATED 32 LOT, SINGLE FAMILY DEVELOPMENT AND A TENTATIVE TRACT MAP, TTM 30454, FOR THE SUBDIVISION OF 10 ACRES INTO 32 SINGLE FAMILY RESIDENTIAL LOTS ANDA NUMBER OF COMMON AREA LOTS, LOCATED AT THE NORTHWEST CORNER OF BELARDO ROAD AND W. SUNNY DUNES ROAD, R-1-A AND R-2 ,ZONES, SECTION 22. WHEREAS, Canyon Gate, LLC represented by principals,Mark Temple and Roberto Jinich, (the"Applicant")filed an application with the City pursuant to Section 9403.00 of the Zoning Ordinance for a Planned Development District and Preliminary Development Plan a 32-lot single family development project for the property located at the northwest comer of Belardo Road and W. Sunny Dunes Road, R-1-A and R-2 zones, Section 22; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Case No. 5.0898-PD-273, a preliminary planned development and related architectural approvals, Tentative Tract Map 30454 was issued in accordance with applicable law; and ' WHEREAS, on March 27, 2002, a public hearing on the application for Case No. 5.0898- PD-273, a preliminary planned development. Tentative Tract Map 30454 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 written and oral testimony presented; WHEREAS, on March 27, 2002, the Planning Commission voted to recommend that the City Council approve Case No. 5.0898-PD-273, a preliminary planned development and Tentative Tract Map 30454; and WHEREAS, on May 1, 2002, a public hearing on the application for Case No. 5.0898-PD- 273, a preliminary planned development and the Tentative Tract Map 30454 was held by the City Council in accordance with applicable law; and WHEREAS, the City Council 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 written and oral testimony presented. I3L, Resolution 20323 Page 2 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 Zoning Ordinance Section 9403.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's zoning ordinance. Pursuant to the Zoning Ordinance, single family dwellings are a permitted use within both the R-1-A and R-2 zones. This Planned Development District provides standards for the development of the proposed single family dwellings. b. The said use is necessary or desirable for the development of the ' community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed project consists of development of single family residences; the use is consistent with the objectives of the General Plan, and numerous improvements have been proposed in conjunction with the subject application(s). The project will therefore not be detrimental to the existing or future uses permitted in the zone in which the use is located. C. 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 land in the neighborhood. The site is adequate in size and shape to accommodate the proposed residential lots and structures, and the proposed project requests lesser densities than those that might be otherwise developed utilizing densities within the R-2 and R-1-A zoning designation on the subject property. 13� � Resolution 20323 Page 3 d. 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 project will contribute to improvement of the existing street system that will serve the site, and with said improvements,the public street system will be adequate to carry the type and quantity of traffic to be generated by the proposed use- e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, ofthe existing neighborhood in which this project is situated. The conditions imposed are necessary to bring th project into compliance with applicable zoning, building, and other regulations to protect the public health, safety, and general welfare of the existing neighborhood in which this project is located. 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 any applicable specific plan-, and Section 4: Pursuantto 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 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. 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. 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. f 3C Resolution 20323 Page 4 h. Pursuant to Fish and Game Code Section 711, while this project has the potential to impact fish 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 Belardo Road. Section 6. 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. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby orders filing of the Negative Declaration and approves Case No. 5.0898-PD-273 a Preliminary Planned Development and Tentative Tract Map 30454 subject to those conditions set forth in the attached Exhibit A. ADOPTED this 1st day of May, 2002. AYES: Members Hodges, Mills, Roller—Spurgin, and Mayor Kleindienst NOES: None ABSENT: Member 0den ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA L7 �r City Clerk City Manager REVIEWED AND APPROVED AS TO FORM l C4el ' Resolution 20323 Page 5 RESOLUTION NO. 20323 ' EXHIBIT A Canyon Gate, LLC. May 1, 2002 Case No, 5.0898-PD-273 TM 30454 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, 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. 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 5.0898-PD-273 and TTM 30454, 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 rightto 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 project is located in an area defined as having an impact on fish and wildlife as defined in Section 711 A of the Fish and Game Code; therefore a fee of$1,328.00 plus an administrative fee of$50,00 shall be submitted by the applicant in the form of a money order or a cashiers check 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 the Notice of Determination. Action on this application shall not be final until such fee is paid. Awe L�e-(�fc Re501ULil cUjlS Page 6 4. 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. 5. The final development plans shall be submitted in accordance with Section 9403,00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 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. 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. 8. 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. ' 9. 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. 10. Drainage swales 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. 11, 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. 12 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. 13. The applicant shall submit to the Cityi of Palm Springs, a deposit in the amount of $2500 for the review of the CC&R's by the City Attorney. , 14. Separate architectural approval and permits shall be required for all signs. Resolution 20323 Page 7 15. The applicant shall construct right of way improvements to the Belardo Street Heritage Trail. This will include a colored concrete side walk with a light broom finish in C-11 Desert Tan color,with alternating squares of C-35 Santa Barbara Brown and ' Classic Oak Flagstone placed 22' on center. These improvements will also include street furniture such as benches. 16. The applicant shall also construct street furniture such as benches. 17. No exterior downspouts shall be permitted on anyfacade 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 9302.00.0. 19, 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. 20. The street address numbering/lettering shall not exceed eight inches in height. 21. 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 feeing 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. 22. 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. 23 Trash cans shall be screened from view and kept within fifty (50) feet of the street. (Single Family Residential only) 24, The property line wall along the south property line shall be constructed with decorative masonry block or iron. 25, The boulder perimeter slope,which is proposed forthe Belardo Road street frontage, shall be extended along the south property line to reduce the exposure and height of the proposed retaining wall. 26. The proposed elevations of the building pads 1-4 and 22-24 shall be reduced an average of 4 feet or to the satisfaction of the Director of Planning and Building to reduce the fill slope conditions. Building pads 5-7 and 19-21 will be lowered to accommodate a gradual transition to the new front pad elevations. Resolution 20323 Page 8 27. The following Mitigation Measures shall be incorporated into this project. A. The applicant shall incorporate boulders into the landscaping to reduce the ' amount of grading on-site. B. Construction activities shall take place per City of Palm Springs Noise Ordinance Section 11.74.041. C. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers- D. Stationary equipment shall be placed such that emitted noise is not directed at the existing single family residences. E. To mitigate potential impacts on previously unknown sites discovered during construction, a qualified representative or monitor, under the supervision of the project archeologist, shall be present during rough grading of the site to ensure that previously undetected sites are salvaged and that known sites targeted for preservation remain undisturbed. 28. For all on-site private streets, on-street parking shall be allowed on one side of the street only.This condition shall be incorporated into the project codes,covenants and restrictions (CC&Rs) and managed by the homeowners association (HOA). POLICE DEPARTMENT: 29. Developer shall comply with Section 11 of Chapter 8.04 of the Palm Springs Municipal ' Code. WASTE DISPOSAL SERVICES: 1. The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING: The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances.- Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. 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. Resolution 20323 Page 9 ' 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 applicable 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. BELARDO ROAD SOUTH 3. The tentative map shall be revised to show dedication of a total half street right-of- way of 44 feet along the entire frontage of the subject property to accommodate the Heritage Trail bikeway- 4- Construct an 8 inch curb and gutter, 32 feet WEST of centerline along the entire ' frontage of the subject property per City of Palm Springs Standard Drawing No. 200. The developer shall coordinate design of the top of curb profile adjacent to this property with the proposed Belardo Road bridge plans on file with the City of Palm Springs. 5. The developer shall pay $3,750.00 as his proportionate share of 50% of the cost for construction of the Belardc Road bridge, as required by Section 5, subsection 3 of Agreement No. 2435, dated June 25, 1987, on file with the Office of the City Clerk. 6. Construct a minimum 12 foot wide sidewalk, per the Heritage Trail design standards on file in the Engineering Department, 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 the NORTHWEST AND SOUTHWEST corners of the intersection of Selardo Road South with Lot"E" per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 8. Construct pavement with 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 clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. Resolution 20323 Page 10 PRIVATE STREETS (LOTS A THRU D) , 9. Right-of-way width shall be at back of curb as street width varies. 10. Construct a 6 inch curb and gutter, 16 and 18 feet from the centerline along the street frontages, with 25 foot radius curb returns and spandrels at the NORTHEAST AND SOUTHEAST comers of the Lot "B" and Lot "E" intersection per City of Palm Springs Standard Drawing No. 200 and 206. 11. Construct a 6 feet wide cross-gutter with a flow line parallel with and 18 feet east of the centerline of Lot"B" across the intersection with Lot"E" per City of Palm Springs Standard Drawing No. 200 and 206. 12. Construct knuckles, using City of Palm Springs Standard Drawing No. 104 for knuckle curve configurations, at the intersections of Lot"A"with Lots"B"and"D", and Lot"C" with Lots "B" and "D". 13. Not used. 14. Construct a curb ramp meeting current California State Accessibility standards at one comer of the intersection of Lot "E" and Lot "B" per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 15. Construct ac 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 edge of proposed gutter to edge of proposed gutter along the street frontages 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. PRIVATE STREET (Lot "E" - Main Entrvl 16. The right-of-way width shall be 67 feet wide to accommodate a 5 foot wide sidewalk and the 10 foot wide median islands. 17. Construct a 6 inch barrier curb, 5 feet both sides of centerline for the median island and a 6 inch curb and gutter 31 feet both sides of centerline from Belardo Road South to Lot"B", with 25 foot radius curb returns and spandrels at the intersection with Lot "B" and 35 foot radius curb returns and spandrels at the intersection with Belardo Road South per City of Palm Springs Standard Drawing No. 200. 18. Construct a 6 feet wide cross gutter at the intersection of Belardo Road South and Lot "E" with a flow line parallel with and 32 feet WEST of the centerline of Belardo Road South in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 19. See Condition No. 41 for gated entrance requirements. ' Resolution 20323 Page 11 20. Construct a minimum 5 foot wide sidewalk behind the curb on one side of the street in accordance with City of Palm Springs Standard Drawing No. 210. ' 21. Construct ac 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 edge of proposed gutter to edge of proposed gutter from Belardo Road South to Lot "B". The pavement section shall be designed, using"R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. SANITARY SEWER 22. Dedicate public sewer easements, with right of ingress and egress and maintenance access over all private streets. 23, Dedicate a 15 feet wide public sewer easement from the intersection of Lot "A" and Lot"D"to the northwest corner of the tract, with the entire easement located withing Lot 16 OR Lot 17. 24. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 25. Developer shall construct an 8 inch sewer main within BELARDO ROAD SOUTH, connecting to the existing sewer manhole at Ramon Road, and extending south from Ramon Road to the property, and across the entire BELARDO ROAD SOUTH ' frontage in accordance with the Master Plan of Sewers and the approved sanitary sewer main construction plans (3C-1-08 and 3C-1-20) on file in the Engineering Department. The plans may be revised to the satisfaction of the City Engineer to facilitate construction of on-site sewer mains. The Developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of construction costs for the sewer main extension from Ramon Road, not including sewer main construction adjacent to the project frontage, as properties connect to the extended sewer main in the future. Developer should contact the City Engineer for details relating to a sewer reimbursement agreement. 26. Developer shall construct an 8 inch sewer main 5 feet from the private street centerlines. Laterals shall be constructed to a location behind the curb for each lot. .An 8 inch sewer main shall be constructed in the 15 foot wide easement across Lot 16 or Lot 17 from the manhole at the intersection of Lot"A" and Lot"D"to a manhole at the northwest corner of the tract. 27. All sewer mains constructed by the developer shall become part of the City sewer system and shall be televised by the developer prior to acceptance of said lines. 28, Submit sewer 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. The existing sewer plan (3C-1-20 on file ' in the Engineering Department)shall be revised as required to facilitate the proposed tract map. Resolution 20323 Page 72 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. GRADING 29. Submit a Grading Plan prepared by a Registered Civil Engineer to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments priorto 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. 30. 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. 31. 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. 32. 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. Resolution 20323 Page 13 33. 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. 34. 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 Division along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 35, Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 36. 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 37. Reserve stormwater drainage easements within the project as necessary to implement mitigation of stormwater runoff. Drainage easements shall be privately maintained and reserved/dedicated to the property owners or a Homeowners' Association. 38. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available) On-site retention/detention or other facilities approved by the City Engineer shall be required if off-site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage structures (if any exist), and to determine required stromwater runoff mitigation measures for this project. 39, 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. Resolution 20323 Page 14 40. Developer shall construct storm drain improvements, including but not limited to ' catch basins,storm drain lines,drainage channels,and outlet structures,for drainage of on-site streets into on-site retention/detention basins, as described in the final Hydrology Study for Tract No. 30454 by Sanborn A/E, as approved by the City Engineer. Perimeter drainage channels, if required, shall be constructed within the tract and inside of any perimeterwalls. Drainage channels shall not be constructed exteriorto, or separate from on-site properties, and access to and from the channels shall be provided to allow for maintenance by the respective property owners or a common Homeowners'Association, ON-SITE 41. 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 have a minimum of 15 feet clear width in each direction. GENERAL 42. 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. 43. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of the first Certificate of Occupancy requested for this project. 44. 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 Division prior to issuance of the first certificate of occupancy requested for this project. 45. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 46. Nothing shall be constructed or planted in the comer 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 93.02.00 D. Resolution 20323 Page 15 47, 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. TRAFFIC 48. 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 BELARDO ROAD SOUTH and ALL PRIVATE STREET frontages of the subject property. 49, Separate striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 50. 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. 51. This property is subject to the Transportation Uniform Mitigation Fee based on the ' RESIDENTIAL MULTI-FAMILY ITE Code B land use. FIRE: (Pending) 1