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HomeMy WebLinkAbout20376 - RESOLUTIONS - 6/19/2002 ' RESOLUTION NO. 20376 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TTM 30050 AND CASE NO 5.0899 - PD-271, SUBJECT TO THE CONDITIONS STATED, TO SUBDIVIDE A 29.54 ACRE PARCEL INTO A SIXTY-SEVEN (67) LOT RESIDENTIAL SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND ACANTO DRIVE, R-1-13, W-R-1-13, SP-1 ZONE, SECTION 35. WHEREAS, Palm Canyon, LLC(the"Applicant")filed an application forTentative Tract Map 30050 and Case 5,0899 - PD-271 to subdivide a 29.54 acre site into sixty-seven (67) lot residential subdivision (the "Project") pursuant to Section 94.02.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60. The project is located on the northeast corner of South Palm Canyon Drive and Acanto Drive, R-1-13, W-R-1-13, SP-1 Zone, Section 35; and WHEREAS,A Final Environmental Impact Report(FEIR)was prepared for the Canyon Park Resort and Spa Specific Plan (SP-1) and was certified and adopted by the City Council on July 19, 1991, and an Environmental Assessment(Mitigated Negative Declaration)was certified and adopted on January 19, 1994 in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; and WHEREAS,TTM 12848was previously approved by the City Council for a sixty-three(63)lot single family subdivision and has been recorded as a final subdivision map; and WHEREAS, said applications were submitted to appropriate City Departments for their review;and WHEREAS,said comments and requirements have been duly considered and are reflected herein; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for TTM 30050 and Case No. 5.0899-PD-271 was issued in accordance with applicable law; and WHEREAS, on May 22, 2002 a public hearing on the application for TTM 30050 and Case No. 5.0899-PD-271 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 22, 2002, after holding a public hearing and considering 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, the Planning Commission recommended approval of the project; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider TTM 30050 and Case No. 5.0899 - PD-271, was given in accordance with applicable law; and ' WHEREAS, on June 19'", 2002 a public hearing on the application for Tentative Tract Map 30050 and Case No. 50899-PD-271 was held by the City Council in accordance with applicable law; and Resolution 20376 Page 2 WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the ' effect of the proposed subdivision, Tentative Tract Map 30050, on the house 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 project represents the balance of these respective needs in a mannerwhich is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act("CEQA"),and an Environmental Assessment has been prepared for this project and 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 meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared forthe project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA,the City Council finds that,Tentative Tract Map 30050 and Case No. 5.0899- PD-271 are in compliance with the Final Environmental Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan project and was certified and adopted on July 49, 1991 and the additional Mitigated Negative ' Declaration(MND), certified and adopted on January 19, 1994 is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; the FEIR and MND adequately address the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environment effect for the proposed project. The City Council has independently reviewed and considered Tentative Tract Map 30050 and Case No. 50899 - PD-271 and determined that the plans are in conformance with the information contained in the certified Final Environmental Impact Report and Mitigated Negative Declaration. The City Council further finds that the decision reflects its independent judgement. Section 2: The City Council finds that there is no new substantial evidence with respect to environmental effects that has been submitted to the City and there are no substantial changes with respect to the project that would require reversions to the certified Final Environmental Impact Report and MND. The current project proposed a sixty-seven (67) residential lot subdivision which is eighteen (18)fewer units than the 85 units analyzed in the original Final Environmental Impact Report and the MND. Since the potential for impacts has been lessened there is no need for further environmental review. Section 3' The City Council finds that a mitigation monitoring program was previously adopted pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures during Project implementation. The ' City Council finds that the potential for an impact is even less than what was analyzed in the certified Final Environmental Impact Report and MND. Resolution 20376 Page 3 ' Section 4; 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, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan; and Section 5: 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 6: Pursuant to Government Code Section 66474 (Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan and SP-1 and is similar to the previously approved tentative tract map. SP-1 allocated 85 units to the subject property. The proposal is for 67 units and is therefore below the density parameters of the Specific Plan. b. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. ' 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, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan. All street, drainage,and utilities improvements are subject to the standards of the General Plan, Conditions of Approval, and mitigation measures associated with TTM 30050 and Case No. 5,0899 - PD-271. C. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The property is 29.54 acres of relatively flat desert with vegetation characteristic of the Creosote Scrub - Burro Bush Dominated Community, pervasive throughout the southwestern United States. The location had a previously approved map for development of sixty-three (63) lot residential subdivision and is now proposed to be developed at sixty- seven (67) residential lots. There will be no incompatibility issues as the surrounding land uses are also within SP-1. There are single family residential lots and a golf course to the north, vacant land on the east and west, and residential uses to the south, which is in Riverside County. d. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish orwildlife or their habitat. All potential land use and biological impacts as a result of developing the subject property are fully disclosed in the Environmental Assessment, previous MND, and Final EIR. The project site lies outside the Peninsular Range Bighorn Sheep Critical Habitat and lacks Resolution 20376 Page 4 occupation or activity by species of special concern. However,two sensitive wildlife species ' were detected on adjacent properties and mitigation measures, including a mitigation fee, have been introduced to reduce the effects on biological resources to less than significant impact. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. f. 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, property within the proposed subdivision. An equestrian easement with landscaping is proposed on the north side of Acanto Drive and the east and west side of South Palm Canyon Drive. The property is also conditioned to provide a drainage easement for flood control and storm water drainage purposes. The right-of-ways for Acanto Drive and South Palm Canyon Drive are designed in accordance with City specifications, except for the modifications to the special street sections. The modified special street sections are consistent with what is existing at Acanto Drive and will allow a smooth transition to the Indian Canyons access road from South Palm Canyon Drive, south of Acanto Drive. ' g. A nexus or rough proportionality have been established for requirement of dedication of additional right-of-way to the City or the off-site improvements as related to the tentative tract map. The property frontages will provide an on-street bicycle path, sidewalk,and equestrian path with associated landscaped area. The improvements will aesthetically enhance the neighbourhood and provide safety benefits to existing and future property owners. Section 7- 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 and SP-1. The proposed Planned Development District will allow for integrated design of the subdivision and adjacent streets. The Specific Plan is to be implemented via Planned Development District and subdivision maps, therefore, the PD is the appropriate land use review for this development. b. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. Resolution 20376 Page 5 ' The proposed subdivision is consistent with the General Plan, zoning designations, and land use designations in SP-1 and is similar to the previously approved Final Tract 12848. Tentative Tract Map 30050 will have 67 single family residential units, below the allocated 85 units in SP-1. The project will make up a portion of the overall Canyon Park Resort and Spa Specific Plan and will therefore be compatible with existing and future uses in the zone. Any land use or biological impacts are fully disclosed in the Environmental Assessment. c. The site 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 applicant is requesting the entitlement of subdividing an existing 29,54 acre parcel into sixty-seven (67)single family residential lots. The lots average 14,500 square feet with the smallest lot being 13,687 square feet and the largest lot being 23,088 square feet. The property is zoned R-1-13 and W-R-1-B with an overlay of Specific Plan - 1 (SP-1). The property is vacant and currently subdivided into 63 single-family lots (Tract 12848) although the physical improvements were never made, nor any lots sold for residential purposes. Tract 12848 will be vacated upon the recordation of the Final Tract Map. The overall density is well within the adopted master plan allowance of 85 dwelling units_ Access to the property will be from a gated entry on South Palm Canyon Drive. Forty-four feet of right-of-way and public utility easement is proposed to be dedicated from the subject tract to the City of Palm Springs. Existing improvements consist of two 2-lane' undivided roadways. Internal circulation consists of a series of private streets and a cul-de-sac. Roadways within the subdivision would be privately maintained as would the two(2)lettered lots that include landscaping in front of the subdivision on South Palm Canyon and Acanto Drive, The Planned Development District includes adjustments to the R-1-13 property development standards, namely, minimum lot size, minimum lot depth and width, reduction in front setbacks, and allowance of detached garages. The R-1-13 zone requires a minimum lot area of 15,000 square feet with a lot width and depth of 120 feet and 120 feet, respectively. The proposed average lot area is 14,500 square feet with unit size yet to be determined. Lot sizes range from 13,687 square feet to 23,088 square feet. Lot width is proposed for 100 feet and lot depth for 85 feet. The required front setback in an R-1-13 zone for the main residence and garage is 25 feet, with detached garages only permitted in R-1-A and R-1- AH Zones. The front and side front setbacks for the residences and detached garages will be 15 feet and 20 feet, respectively, but may be altered depending on the mass and scale of the proposed units. The remainder of the proposal conforms with R-1-13 property development standards. d. That 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 Specific Plan amendments,to be accomplished via Planned Development District 271, refer to proposed street improvements on Acanto Drive and South Palm Canyon Drive, ' south of Bogert Trail. South Palm Canyon Drive will be reduced to a two-lane roadway with on-street bicycle paths, in consideration of the recent improvements to the Indian Canyons access road, south of Acanto Drive. The special street section on South Palm Canyon Resolution 20376 Page 6 Drive will be reduced to 40 feet instead of the standard 54 feet. The street design will ' include a 2-foot mow strip to meet the edge of pavement condition and the sidewalk will meander within the public right-of-way and 30 foot private parkway. Acanto Drive will be comprised of 29 feet of pavement, curb to curb, with no parking. There will be a mow strip on the south side of the street and a wedge curb on the north side. An additional 20 feet for an equestrian trail will be provided on the north of Acanto Drive. While the right-of-way widths will not be altered, the number of travel lanes will be modified to accommodate the design of the subject site and adjacent properties. The applicant proposes a 2 lane street on South Palm Canyon Drive with on-street bicycle paths and a 29-foot, two-lane roadway with no parking allowed on Acanto Drive. The Environmental Assessment showed that the existing and proposed street network have the capacity to manage projected traffic volumes. The modified special street sections are appropriate for the scale of the proposed subdivision and potential net units for the surrounding properties. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. NOW,THEREFORE, BE IT RESOLVED that,based upon theforegoing,the City Council approves ' Tentative Tract Map 30050 and Case No. 50899- PD-271 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED THIS 19th day of June 2002. AYES: Members Hodges, Oden, and Mayor pro tem Reller-Spurgin NOES' None ABSENT. Member Mills and Mayor Kleindienst ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: 1 Resolution 20376 Page 7 ' EXHIBIT A TTM 30050 and Case No. 50899 - PD-271 Northeast corner of South Palm Canyon Drive and Acanto Drive June 19, 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,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 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. ' 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 Specific Plan Amendments, TTM 30050 Case No. 5.0899 - PD-271. 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. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and ' property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and Resoluti.ou 20376 Page S agencies having jurisdiction at the property owner's sole expense. This condition shall be , included in the recorded covenant agreement for the property if required by the City. 4. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies, 5. 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. 6a. 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. 6b. The property development standards for this project shall be Section 92.01.00, R-1-B Zone, except for the modifications to minimum lot size, lot depth, lot width, front and side front setbacks, and detached garages Front and side front setbacks for the residences and detached garages will be considered at 10 to 15 feet and 20 to 25 feet, respectively, pending submittal of final development plans. ' 7. 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. Final landscape plans shall include the entire street right-of-way landscaped areas. The project shall be responsible for installation and maintenance of all landscaped areas within the right-of-way and easement area. 8. 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 fee of $1,250.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's 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. 9. 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. 10. 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 I indicate any fixtures or equipment to be located on the roof of the building, the equipment Resolution 20376 Page 9 ' heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 11. 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 Zoning 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 including the equestrian easement and landscaping within right-of-way in a good condition and in accordance with all ordinances. 12. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000, for the review of the CC&R's by the City Attorney. A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 13. 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. 14. 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_ 15. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00,D, 16. The street address numbering/lettering shall not exceed eight inches in height. 17, Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 18. 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. 19. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 20, Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. 21. Vehicles associated with the construction of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 22. 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 20376 Page 10 23. 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. 24. Trash cans shall be screened from view and kept within fifty (50) feet of the street. 25. The applicant shall dedicate a 30' easement and construct a 15' wide equestrian trail between the property line and Lots 27 to 35, Design and details shall be submitted with the final Planned Development plans. The equestrian trail shall be separated from the sidewalk and Lots 27 to 35. A minimum 15' decomposed granite trail, landscape, fencing and signing shall be provided. If SP-1 is amended, and a trail is no longer required, the Planning Commission may delete this condition at Final PD stage. 25. Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final PD and Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved by the Director of Planning and Zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan for specific details. All mitigation measures, where applicable, shall be adopted as conditions of approval. The following measures are hi-lighted for convenience: a. Prior to final project acceptance including approval of the final map or planned ' development district, the City shall establish a formula for the applicant's payment of their "fair share" of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or its consultants to determine the applicant's proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair-share formula. Fair-share formulas shall be developed for the following matters: i) Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. ii) Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element. See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. iii) Funding of construction of off-site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental Impact Report. b. Appropriate removal and recompaction of surface soils in areas to support structures ' will mitigate potential settlements. Building sites planned within the alluvial areas shall be Resolution 20376 Page 11 evaluated by the soil engineer for settlement potential during detailed geotechnical studies for design of structures, with respect to the specifics of proposed structure locations, soil conditions, foundation loads, etc. A final soils report shall be submitted with the detailed development plans (grading and structural) for the project. c. All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and wash areas shall be prohibited. This condition shall be included in the CC&R's. d. The applicant and the building contractor shall halt grading or any other construction activity in the immediate vicinity immediately if archaeological resources are uncovered during grading. The applicant and/or contractor shall notify the City and Tribal Council in writing and shall summon a qualified archaeologist to determine the significance of uncovered archaeological resources and appropriate mitigation measures. e. Due to the historical sensitivity of the area, a tribal representative and/or a qualified archaeologist monitor shall be present during all rough grading operations. Awritten report shall be provided to the City outlining the nature of any resources found on-site, disposition, etc. At the end of construction a written report shall be provided summarizing resources found (if any) and if any additional work is needed. POLICE DEPARTMENT- 1, Developer shall complywith Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 1. Fire Department Access: Provide detail on the entry median and entry gate area. A 20 foot unobstructed width is required, including gate openings. 2. Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire station. All buildings, regardless of size, require an automatic fire sprinkler system. (1003.2.1 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) ' 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. Besoluti.ou 20376 Page 12 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 CFC) 7. 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 feet and an unobstructed vertical clearance of not less than 13'6". Fire department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC). Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. 8. Secondary Emergency Access: The emergency access area shown at the south-west corner of the project(west of Lot 35) must meet the same requirements as an access road in condition #7 above. ENGINEERING: ' The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: STREETS 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, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. , Resolution 20376 Page 13 PALM CANYON DRIVE SOUTH The following conditions of approval which refer to the pavement width shall be revised, IF necessary, to agree with the focused traffic study as approved by the City Engineer. 3. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage. 4. Acquire an additional right-of-way width of 10 feet on the west side of the section along the entire frontage for a total right-of-way width of 54 feet. 5. Construct a 12 inch wide mow strip, 20 feet EAST of centerline from Acanto Drive to the north tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE and at the NORTHEASTAND SOUTHEAST corners of the intersection of PALM CANYON DRIVE SOUTH and STREET `D" per City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct both halves of a 6 foot wide cross gutter at the intersection of PALM CANYON DRIVE SOUTH and STREET "D" with a flow line parallel with and 20 feet EAST of the centerline of PALM CANYON DRIVE SOUTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 7. Construct a 15 foot wide pedestrian/bike pathway between the storm water channel and the west tract boundary along the entire frontage in accordance with City of Palm Springs ' Standard Drawing No. 210 and meeting the approval of the City Engineer and Director of Planning and Building. The pathway shall also serve as the storm channel maintenance roadway. The east 5 feet of the pathway shall be constructed with 6 inch thick (6 sack) Portland Cement Concrete. The west 10 feet of the pathway shall be constructed with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, tartan block, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. 8. Remove and replace existing 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 mow strip to 10 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. A redwood header shall be installed along the west edge of pavement. ACANTO DRIVE 9. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, 3 feet NORTH of section/centerline and 32 feet NORTH of section/centerline (distance measured from back of wedge curb on south side to flow line of wedge curb on north side) respectively, from South Palm Canyon Drive to the east tract boundary,with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE per City of Palm Springs Standard Drawing No. 200 and 206. Resolution 20376 Page 14 10. Construct catch basins, as needed for drainage, and connect to the proposed storm drain , line. The wedge curb and gutter shall transition into 6 inch vertical curb and gutter at the catch basin locations. The design shall be reviewed and approved by the City Engineer. 11. Construct a 15 foot wide meandering equestrian/pedestrian trail along the entire frontage with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. Construct a redwood header on both sides of the trail along its entire length. 12. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage via the tract map. 13. 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 gutterto proposed gutter along the entire frontage in accordance with modified 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 STREETS 14. The following traffic calming devices, OR equal, (the final configuration to be approved by ' the City Engineer) shall be incorporated into the on-site streets: Narrowed pavement 'chokers' shall be provided atone location on Street"A", one location on Street "C", one location on Street "D", and one location on Street "E", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 80 foot long, 20 foot wide(10 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. The proposed chokers at the east and west ends of Street"D" can be constructed but are not a requirement of these conditions of approval. If they are part of the street improvements, the approval of the City Engineer will be required for the design of same. 15a. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 16.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersection of Street "A" with Street "C" and "D" and at the intersection of Street"D" with Street "B" per City of Palm Springs Standard Drawing No. 200 and 206. Parking shall be allowed on both sides of the street if all buildings are sprinklered and if the parking lanes are clearly marked leaving a clear 20-foot wide vehicular path to satisfy Uniform Fire Code standards. It shall be the responsibility of the Homeowners Association to maintain the delineation and provide signs for the life of the project. Final street design shall be subject to final approval of the Fire Chief, City Engineer, and Director of Planning and Building. 15b. In the event 15A above cannot be implemented, the project shall comply with the following condition: Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch Resolution 20376 Page 15 wedge curb and gutter, with the back of the wedge curb being 18.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersections of Street"A"with Street"C" and "D" and at the intersection of Street"D"with Street "B"per City of Palm Springs Standard Drawing No. 200 and 206. 16. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "A" with Streets "C" and "D" with a flow line parallel with and 16.5 feet East of the centerline of Street "A" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 17. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "B" with Street"D"with a flow line parallel with and 16.5 feet West of the centerline of Street "B" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct knuckles at the intersection of Street"A with Street"E"and at the intersection of Street "B" with Streets "C' and "E" in accordance with City of Palm Springs Standard Drawing No. 104. 19. The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103, curb portion only. 20. All centerline radii shall be a minimum of 130 feet. 21. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. See Condition No. 22 for gated entrance requirements for Main Entries that are proposed to be gated. 22. 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 curb cut of 100 feet (from BCR to ECR) for the gated Main Entry. B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 20 feet clear width in each direction. E. Provide separate lane of ingress for residents. SANITARY SEWER 22, The on-site sewer mains will be maintained by the HOA. Provision for this shall be addressed in the CC & Rs. 23. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. Resolutiou 20376 Page 16 24. Developer shall construct an 8 inch sewer main across all PRIVATE STREET frontages, through the proposed 20 foot wide drainage/sewer easement adjacent to the southwest property line of Lot 9 OR the northeast property line of Lot 8 and through the existing 30 foot wide utility easement to the existing manhole south of the Palm Canyon Drive South and Bogert Trail intersection in accordance with the Master Plan of Sewers and connect to the existing sewer system. The 20 foot wide drainage/sewer easement shall be located entirely within Lot 8 or Lot 9. 25. 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. 26. The project is subject to a sewer assessment fee of$146.19 per lot for construction of the 15" sewer main in Avenida Granada, Celle Palo Fierro and Laverne Way. The fee shall be paid prior to issuance of a building permit for individual lots. GRADING 27. 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. 28. 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 forcomments 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 fallowing: 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. Resolution 20376 Page 17 F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copyof the General Construction Activity Storm Water Permitfrom the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 29, 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. 30. 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. 31. 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. 32. 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. 33, Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. 34. 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 documentfrom 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 35. Developer shall obtain easements dedicated to Riverside County Flood Control and Water Conservation District (RCFC) for flood control and stormwater drainage purposes across Lots 73 and 74 of Tract 16149 (APN's 512-200-022 and-024)and across that certain 1.80 acre parcel of land indicated as floodway on Tract 12848 (APN 512-292-001). 36, 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 Resolution 20376 Page 18 drainage structures (if any exist), and to determine required stromwater runoff mitigation ' measures for this project. 37. A portion of this property(a portion or all of Lots 2 thru 10, and 13 and Lots A and B) is in Federal Insurance Rate Map (FIRM) zone A and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 38. The developer shall design and construct the storm drain channel and culvert of a non- erodable,natural-type section and configuration capable of conveying the tributary 100-year storm runoff, as approved by RCFC and the City Engineer, along the west tract boundary within an easement for operation and maintenance dedicated to RCFC in a form acceptable to the RCFC. 38A. The developer shall design and construct interim inlet works and various appurtenances, across a portion of APN 686-030-004, consistent with RCFC standards, as approved by RCFC and the City Engineer. If public records do not demonstrate the existence of easements that allow for the construction of flood control and stormwater drainage improvements within that area of land where interim drainage improvements are required, the developer shall obtain an easement dedicated to RCFCforflood control and stormwater drainage purposes. 38B. The developer shall design and construct an interim collection/containment embankment (berm) approximately 350 feet in length across the south portion of APN 513-460-019 as conceptually shown in Exhibits 4 and 5 of the Addendum to the Master Plan of Drainage for the Andreas Alluvial Cone, Dry Canyon, Arenas South and North Canyons and Palm Canyon(from Bogert Trail to 1800 feet Downstream of Bogert Trail)Drainage Courses, City of Palm Springs,dated October 2001, consistent with RCFC standards, as approved by RCFC and the City Engineer. If public records do not demonstrate the existence of easements that allow for the construction of flood control and stormwater drainage improvements within that area of land where interim drainage improvements are required, the developer shall obtain an easement dedicated to RCFC forflood control and stormwater drainage purposes. 38C. The developer shall enter into a cooperative agreement with the City and RCFC, or, if not required to be party to a cooperative agreement upon a determination by the City and RCFC, the developer shall agree to comply with operation, maintenance and joint use responsibilities of the drainage channel along the west tract boundary as determined by the City and RCFC. Operation, maintenance and joint use responsibilities applicable to the developer shall be included in provisions of Covenants, Codes and Restrictions (CC&R's) administered by a common Homeowners Association for the project. 38D. Developer shall construct a 15 feet wide access road along the easterly side of the drainage channel along the west tract boundary to also be used as a pedestrian trail in a manner acceptable to RCFC and the City Engineer. Developer shall be responsible for all maintenance and repair costs associated with keeping RCFC with clear, free and unobstructed access to the drainage channel. 38E. The developer shall pay the City $40,000.00 for maintenance costs as a condition for ' facilitating RCFC maintenance of the interim drainage improvements associated with this project. If the Developer is party to a cooperative agreement with the City and RCFC, the Resolution 20376 Page 19 Developer shall submit payment to the City concurrent with approval of and in compliance with the terms of the cooperative agreement. If the Developer is not party to a cooperative agreement, the Developer shall submit payment to the City prior to issuance of a grading permit. 39, The developer shall submit application and pertinent data to the Federal Emergency Management Agency (FEMA) for a Letter of Map Revision (LOMR) and shall provide FEMA's final written determination to the City Engineer prior to issuance of a Certificate of Occupancy or Notice of Completion. GENERAL 40. 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. 41. All existing and proposed utility lines that are less than 35 kV 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. All undergrounding of utilities shall be completed prior to issuance of a Certificate of ' Occupancy. 42. 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. 43, The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 44, 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 93,02.00, D. 45. 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 46, 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 Parcel Map or Final Map to the Engineering ' Department. Resolution 20376 Page 20 47. 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 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 PALM CANYON DRIVE SOUTH and ACANTO DRIVE frontages of the subject property. 49. Install a 4-way stop sign at the intersection of Street"A" and Street "D". Install a stop sign for vehicles egressing at Palm Canyon Drive South. Install a stop sign for vehicles entering Street "B" at Street "D". Install a stop sign for vehicles entering Street"A" at Street "C". 50. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the PALM CANYON DRIVE SOUTH AND ACANTO DRIVE frontages prior to issuance of a Certificate of Occupancy. 51, Street name signs shall be required at each intersection in accordance with City of Palm , Springs Standard Drawing Nos. 620 through 625. 52. 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. 53. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use_ * Off-Site Improvements Approved For Deferral By Covenant Resolution 20376 Page 21, VICINITY MAP 1 E. PALM CANYON DRIVE � n LA VERNE WAY 4 V) MURRAY CANYON BOGERT TRAIL 2,!VE CITY OF PALM SPRINGS CASE NO. TTM 30050 DESCRIPTION 5.0899 - PD-271 1 APPLICANT Palm Canyon, LLC Application for a subdivision of a 29.54 acre parcel into 67 single family residential lots, Zone R-1-B, W-R-1-6, SP-1, Section 35.