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HomeMy WebLinkAbout20393 - RESOLUTIONS - 7/17/2002 RESOLUTION NO. 20393 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND APPROVING CASE NO. 5.0804-PD-254, A PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP (TM 29077) FOR A GATED 48-UNIT MULTI FAMILY, CLUSTER RESIDENTIAL COMMUNITY LOCATED SOUTHWEST OF THE INTERSECTION OF TAHQUITZ CANYON WAY AND MUSEUM DRIVE, R-2 AND R-3 ZONE, SECTION 15. WHEREAS,Tahquitz Venture, LLC.and CT Realty Corporation, (the"Applicants"),filed an application with the City pursuant to Sections 9403.00 and 9402.00 of the Zoning Ordinance for a Planned Development District and Preliminary Development Plan for a 48 unit multi family cluster residential project for the property located on Tahquitz Drive between Tahquitz Canyon Way and Arenas Road, east of Cahuilla Road, R-2 and R-3 Zones, Section 15; and WHEREAS, the Tahquitz Venture, LLC. and CT Realty Corporation, (the "Applicants"), filed an application with the City pursuant to Section 9.62.00 et.seq. of the Municipal Code for a Tentative Tract Map for the subdivision of a 6.5 acre parcel into a 50 numbered lots and an number of lettered lots for the property located on Tahquitz Way, west of Museum Drive, R-2 and R-3 Zones, Section 15; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for a Tentative Tract Map and a Planned Development District 5.0804(PD 254) was issued in accordance with applicable law; and WHEREAS,said Planned Development District and Tentative Tract Map were submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments and requirements; and WHEREAS,on September 12, 2001 and September 26, 2001,a public hearing on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, on September 26, 2001 the Planning Commission voted to recommend that the City Council approve said project; and WHEREAS, on October 17, 2001, a public hearing on the application was held by the City Council in accordance with applicable law,and at that meeting the City Council voted to referthe case back to the Planning Commission; and WHEREAS, the applicant has revised the project plans, increased th amount of usable open space, reduced the project density from 52 units to 50 units, eliminated two-story buildings and substituted single story buildings adjacent to Tahquitz Canyon Way and the R-1-A zoned properties, added additional guest parking, eliminated bay parking and increased the size of the landscape median along Tahquitz Canyon Way; and Resolution 20393 Page 2 WHEREAS, on January 9, 2002 and April 24 2002, a public hearing on the application 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 and voted to recommend that the City Council approve the proposed project; and WHEREAS, on April 24, 2002, the Planning Commission voted to recommend that the City Council approve the proposed project, subject to the attached conditions of approve; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the subject applications was issued in accordance with applicable law; and WHEREAS, on June 5, 2002 a public hearing on the application was held by the City Council Commission in accordance with applicable law; and, WHEREAS,at the conclusion of the public hearing the City Council closed the public hearing and voted to direct staff to prepare a resolution of denial based upon the overall project design, relationship to surrounding properties, retention basin design and other land use issues; and then continued this item to its June 19, 2002 meeting; and WHEREAS, at the June 19, 2002 meeting the City Council reviewed the staff report, resolution of denial, heard public comments and then directed staff to schedule and notice a public hearing for its July 17, 2002 meeting in order to take additional public testimony, review a revised development plan, and to allow staff and the developer an opportunity to respond to City Council and public concerns; and WHEREAS,a new public hearing of the City Council of the City of Palm Springs to consider the revised site plan and application was issued in accordance with applicable law; and WHEREAS,Section 94.03.00 of the Zoning Ordinance,Planned Development Districts,require that the Planning Commission approve all Final Planned Development Districts; 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. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds 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 adopts a Mitigated Negative Declaration for the project: Section 2: Pursuant to Zoning Ordinance Section 9402.00, 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,multi-family residential is a permitted use within both the R-2 Resolution 20393 Page 3 ' and R-3 zones. The applicant has submitted a revised site plan and tentative tract map which reduces the number of dwelling units from 50 to 48, creates three single family lots adjacent to Tahquitz Drive, added a second recreation area and pool, relocated and upgraded the design of the retention basin,increased distance between buildings adjacentto Tahquitz Drive,revised the West Tahquitz Canyon Drive street improvement program, relocated Le Vallauris trash facilities, and agreed to limitation of allowable construction hours. 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 the subdivision of 6.54 acres into 48 lots and the development of a 48 unit, one and two story, attached and detached, multi-family cluster residential development. 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 applicant has revised the project and reduced the number of units, created single family lots adjacent to Tahquitz Drive and abutting R-1 zoned properties, increased the amount of guest parking, provided for a greater range of building separation, added recreation areas and upgraded the street improvement program for Tahquitz Canyon Way. The site is adequate in size and shape to accommodate the proposed uses, and the proposed density complies with zoning regulations. 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 includes a number of off-site improvements to Tahquitz Canyon way, including a planted landscaped median, upgraded parking and entry monuments.Additional on-site improvements include colored paving, additional landscaping, sidewalks and an area for vehicles to turn around. No turn around area currently exists, and thus is a problem in the area.The proposed improvements are consistent with General Plan Policy 3.4.7, W.Tahguitz Canyon Way. The proposed project will contribute to the 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, of the existing neighborhood in which this project is situated. The conditions imposed are necessary to bring the 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. Resolution 20393 Page 4 Section 3: Pursuant to 9.62.010 of the Palm Springs Municipal Code and Section 92.01.00 et. sec. I of the Zoning Ordinance, the City Council finds that: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the H43/30, High Density Residential, General Plan designation which governs the subject property as well as all property adjacent to the subject site. b. The design and improvements of the proposed Tentative Tract Map are consistentwith the R-2 and R-3 zones within which the property is located. The Zoning Ordinance allows a density of one dwelling unit per 3,000 square feet and 2,000 square feet of lot area, respectively. The revised proposed project is consistent with existing development in the immediate vicinity of the proposed project, particularly the existing two-story and three-story residences located directly north of the site across Tahquitz Canyon Way and multi- story multi family residential development located directly to the east and south of the property.The adjacent residential development to the north of Tahquitz Canyon Wayare single family residential units and a historic resort property. These existing' multistory residences to the north of the project site feature ground level parking and garage areas, ground level residential uses with no view corridors, elevated second floors with limited views and third floor residences with views to the south of Tahquitz Canyon. Additional hillside residences exist further to the north,which are directly west of'the Desert Museum and are only accessible from Palisades Drive.The Desert Fashion Plaza and the Desert Museum are also located within 600' of the project area. The revised plan features 3 single family lots adjacent to existing single family properties. C. The site is physically suited for this type of development. Although significant slopes exist adjacent to the subject property, the project site is level and each lot contains adequate developable building area. There are no bodies of water, ravines, or significant topographic features on the subject property. d. The site is physically suited for the proposed density of development. The site is physically suited for the proposed)number of lots, and the density of the subdivision is consistent with that allowed by the General Plan. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitat's. The revised plan has fewer dwelling units and reduces impacts to properties to the north. The Initial Study prepared for the project determined that the project is an in-fill development and surrounded by development. All utilities and services are available on site. The site is vacant and contains sparse vegetation. The site was previously developed with single family residents and apartments and inhabited. Prior to that, the site was developed with a portion of a golf course.There are no bodies of water on the subject property and therefore no fish will be disturbed. The project will have no impact tolendangered species of their habitats. Therefore, the project will not individually or cumulatively have an adverse effect on wildlife, as defined in Section 711.2 of the California Fish and Game Code, and therefore a De Minimus impact Resolution 20393 Page 5 finding is appropriate. f. The design of the subdivision ortype of improvements will not conflict with easements,acquired by the public at large,for access through cruse of the propertywithin the proposed subdivision. The design of the subdivision will not conflict with easements for access through or use of the property.A number of easements,which are not plottable, transect the property; however,the proposed subdivision will not interfere with these easements. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case No. 5.0804-PD-254, (Planned Development District#254), and Tentative Tract Map 29077, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of building permits unless otherwise specified. ADOPTED this 17th day of July, 2002. AYES: Members Hodges, Mills, Oden, Reller-Spurgin and Mayor Kleindienst NOES: None ABSENT: None ABSTENTIONS: None ES- CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager REVIEWED AND APPROVED AS TO FORM/ME Resolution 20393 Page 6 EXHIBIT A CASE NO. 5.0804-PD,254 AND TM 29077 CONDITIONS OF APPROVAL July 17, 2002 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 DEPARTMENT: 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. 1a. 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 5.0804-PD-254 and TTM 29077. 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 further indemnification hereunder, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. If, within two (2) years after the date of approval by the City Council of the preliminary development plan,the final development plan,as indicated in Section 94.03.00(I),has not been approved by the planning commission, the procedures and actions which have taken place up to that time shall be null and void and the planned development district shall expire. Extensions of time may be allowed for good cause. Resolution 20393 Page 7 3. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final construction 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, West Tahquitz Canyon Way street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. 4. 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. B. The CCR's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. C. The CC&R's shall include a provision requiring City approval to amend the CC&R's. The CC&R's shall also include a provision dedicating guest parking spaces in front of garages dedicated to those individual units. ' D. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,500 for the review of the CC&R's by the City Attorney. 4. 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. 5. 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. 6. 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. 7. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening 8. No exterior down spouts shall be permitted on any facade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. 9. 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. Resoluition 20393 Page El 10. The street address numbering/lettering shall not exceed eight inches in height. 11. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting shall be submitted to and approved by the Director of Planning and Building prior to issuance of a building permit. If lights are proposed to be mounted on buildings,shielded down- lights shall be utilized. 12. The detention basins and archeological sites shall be landscaped, to the extent possible. 13, Plans meeting City standards for approval on the proposed trash and recyclable materials enclosure shall be submitted prior to issuance of a building permit. 14. Details of pool fencing (materials and colorp and equipment area shall be submitted with final landscape plan. 15. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed pool structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 18. The applicant shall construct the proposed Tahquitz Drive off-site improvements as part of Phase I. 19. Restricted pool hours shall be posted.The pool shall not be used between the hours of 10 pm to 7 am. 20. The maximum building height shall be 24'. 21. The applicant shall revise the grading plan to lower the grade in the easterly portion of the project, with the objective of minimizing grade differences on site and off-site, to the greatest extent possible. 22. The applicant shall prepare a parcel map for lot line adjustment map which will divide the cemetery property including the drainage ditch from the rest of their property so that a legal parcel which could be included in a grant deed to the Tribe at the time of conveyance. 23. Any and all cost related to any conditions imposed by the City of Palm Springs on the tentative map to obtain the final map which conditions are related to the parcel to be conveyed to the Tribe would be at the expense of the Tribe. 24. The applicant shall supply an easement for pedestrian and vehicular access for the ten feet immediately to the east of the drainage ditchiwhich easement will also be conveyed to the Tribe at the time of the above conveyance. 25. Such conveyance and the easement shall be deemed a gift conveyance to the Tribe. The land and easement to be used only for the protection and preservation of cultural and natural resources of the Tribe, preservation of historic cemetery grounds, preservation of open space, and the preservation of in place or respectful public display of archeological and cultural resources of the land. Resolution 20393 Page 9 26. The applicant shall not have to take any further action with respect to which of the various possible access routes the Tribe would select. 27. The applicant shall prepare a legal description of the portion that will be included within the parcel, and order a title commitment from a title company to be selected by the Drown Foundation. If based upon that title commitment the Tribe elects to have title insurance issued, the expense of a title policy will be absorbed by the Tribe. 28. The conveyance above described will take place no later than sixty days after final approval by the City of Palm Springs of a development project approved by the Drown Foundation on the remainder of the property. 29. If the conveyance does not occur within one year of the written acceptance by the Tribe of the proposal contained in this letter, then the Tribe can request that the applicant proceed with completion of a parcel map at the cost of the Tribe and when such map is recorded in the Riverside County records, the applicant will deliver the conveyance within ten days thereafter. 30. The Tribe may approve the title commitment and no conveyance will be sent to the Tribe until and unless the applicant receives a written response from the applicant that the title commitment has been approved. The title commitment will include copies of any and all exceptions to title recited therein. 31. If in the course of doing grading for construction, human burial remains are discovered, the applicant shall require the contractor and/or developer to notify the Riverside County Coroner and the Aqua Caliente Band of Cahuilla Indians Tribe Office. Once the Coroner's investigation ' is complete,the burial remains will be prepared for removal to a location specified by the Tribe. The actual removal of remains, and the method for such removal, shall be conducted by authorized representatives of the Tribe. To avoid delay in construction, if the Tribe has not removed the remains within 48 hours of receiving written notice from the landowner, developer or City of Palm Springs, the contractor and/or developer may arrange to have the remains removed and stored at the Palm Springs Public Cemetery for an additional period of seven(7) days. If the Tribe has not acted to take possession of the remains within that time period, the remains can then be buried at the Palm Springs Public Cemetery. 32. The gift to the Tribe is conditioned on the applicant establishing to its satisfaction that a gift to the Tribe is deductible for income tax purposes. 33. If there is a sale of remaining property, the applicant will require the Contract of Sale to contain a provision obligating the buyer therein to comply with the provisions contained herein. The Tribe will be given written notice of such sale and thereafter any underperformed provisions of this agreement shall become the obligation of the buyer therein and our client shall have no further obligation of performance. 34. The applicant will hire,attheirexpense,archaeological monitor(s)recommended and approved by the Tribal Council, for all subsequent work involving any excavation related to the development of the remaining property. 35. The project materials shall include mudded two-piece clay tile roofs, smooth finished hand- troweled stucco, wooden garage doors, iron grillwork, wood shutters, metal awnings, Milgard Craftsman grid true divided light windows, and decorative color paving in the project entry, driveways and parking courts. Resolution 20393 Page 10 36. The applicant shall provide a sample panel of roof tile, 10'x 10' minimum size for review by the Design Review Committee prior to approvaf of the Final Planned Development District. 37. Prior to approval of the final subdivision map,the Conditions of approval asset forth in the letter dated April 02, 2002 from Mr. Tom Davis, Director of Planning for the Agua Caliente Band of Cahuilla Indians to the Tahquitz Venture, LLC. (formerly Drown Foundation and Bergheer California, LLC.) shall be satisfied either by conveyance or so noted by separate lot and easement of said final tract map. 38. The applicant shall restudy the termination of Tahquitz Canyon Way, prior to approval of the Final Planned Development District.The restudy shall include the relocation of the Le Vallauris trash area, provide additional parking and augment the landscaping, paving and monumentation. 39. That the second swimming pool and spa area and the larger pool area located in the center of the project are required. A formal walkway leading to the center pool area is approved. In addition, the retention area shall be fully landscaped and shall have additional passive recreation amenities. 40. Three single family lots featuring larger lot sizes are approved. Each of the three single family lots shall be developed with a custom single family residence. Each residence shall be designed to be architecturally compatible with the residences to the north. The maximum building height shall be 18 feet. The minimum setback shall be 25'from the north property line. Side yard setbacks shall be a minimum of 10!feet. These newly created lots shall be accessed through the project and would be included as part of the homeowners association. 41. Site construction shall have a limitation of construction hours from January through April and ' Monday through Friday, from 8:00 am to 5N pm and no construction activity permitted on weekends or holidays. Additionally, the developer will prepare, publish and deliver to adjacent property owners a construction phasing and construction activity schedule. This condition of approval supercedes the P.S.M.C. as noted herein only. All other provisions shall remain in effect. 42. The Tahquitz Flume and existing rock wall adjacent to Tahquitz Drive and along east property line shall be protected in place. Any damage to this wall shall be fully restored and repaired by the developer. Prior to issuance of grading permits, the entire wall shall be photographed and its condition documented by the project architect. Photographs and field notes shall be provided which fully document the wall's existing condition. MITIGATION MEASURES W-1. The applicant shall construct on site detention areas and related facilities as depicted on Tentative Tract Map 29077.This includes,"Lot F",which measures just over half an acre in area (23,213 square feet). The basin is designed with a 2:1 slope, or a slope angle of 50%.The bottom of the basin is located at an elevation of 452, the top of the basin is located at an elevation of 459.On-site storm flows will be directed to a proposed retention basin located along the property's eastern boundary, which is depicted as Lot"G" on Tentative Tract Map 29077. The "Lot G" detention basin, which measures approximately one quarter of an acre in area (15,176 square feet)and features a slope of 2:1, or a slope angle of 50%.The basin is located as a buffer along the south eastern boundary' of the project. In order to enhance views from the surrounding hillside areas and in order to prevent on-going problems with erosion,the detention ' basins shall be landscaped. These basins shall be subject to regular landscape maintained. AQ-1. The applicant shall comply with Section 8.50 of the Palm Spring Municipal Code, Fugitive Dust Resolution 20393 Page 11 ' and Erosion Control (PM-10) and prepare and submit a plan to the Building Department to control fugitive dust emissions in compliance with the South Coact Air Quality Management District(SCAQMD).The plan must implement reasonably available control measures to ensure that project emissions are in compliance with the SCAQMD. T-1. The developer shall pay the "fair share" cost of a two phase signal to be located at the intersection of Tahquitz Canyon Way and Belardo Street. The fair share is to be calculated as a percentage of overall traffic growth from 2001 to 2010 at the intersection. Based on a fair share percentage of 12%, the developers contribution of the cost of the new signal is$12,000. T-2. The western terminus of Tahquitz Canyon Way shall be improved to acceptable transportation and aesthetic standards,to the satisfaction of the Directorof Planning and Building and the City Engineer, and as approved by the Planning Commission. CR-1. In regards to the Native American Cemetery, if construction within the area northwest of the Tahquitz Ditch is not proposed as part of the project, the area northwest of the ditch is to be deeded to the Agua Caliente Band of Cahuilla Indians,with deed restrictions requiring that the area be maintained in an acceptable manner. CR-2. In regards to the Tahquitz Ditch segment, if construction within the area of the ditch segment is not proposed as part of the project, the area is to be deeded to the Agua Caliente.Band of Cahuilla Indians, with deed restrictions requiring that the area be maintained in an acceptable manner. CR-3. In regards to the Ruined Structure, a complete excavation is recommended to determine if the ' structure is associated with the Tahquitz Ditch. If the Ruined Structure is determined to be related to the Tahquitz Ditch, the applicant shall submit an application to the City of Palm Springs for historic designation of the structure. ENGINEERING DEPARTMENT: The Public Works & Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit.Work shall be allowed according to Resolution 17950-Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: ' A. Copy of signed Conditions of Approval from Planning Department. B. Street Vacation plat and all agreements and improvement plans approved by City Engineer, IF applicable. Resolution 20393 Page 1:2 C. Proof of processing dedications, of right-of-way, easements, encroachment ' agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. TAHOUITZ CANYON WAY WEST 3. Construct project entry improvements and entry drive to the satisfaction of the City Engineer. 3A. Six(6)inch curb and gutter shall be constructed 7 feet south of the base centerline of the street along'the Le Vallauris frontage per CPS Std. Dwg. No. 200. 3B. Three(3)parking bays(numbered 6 through 8 on TTM 29077)may be constructed with a 5 foot wide sidewalk going around the perimeter of the parking bays and continuing westerly to the project entry. 3C. Driveways for La Vallauris shall be extendedito the new curb and gutter location and driveway approaches constructed per CPS Std. Dwg., No.204. 3D. The 36 foot long, 5 foot wide decorative, raised median island on the west side of the intersection with Museum Drive may be constructed. Details shall be approved by the City Engineer and the Director of Planing and Building. ON-SITE STREETS (PRIVATE) 4. Construct a 6 or 8 inch curb and gutter(as required by the hydrology study), 14 feet both sides ' of centerline along on-site streets, per City of Palm Springs Standard Drawing No. 200. 5. On-site vehicular turnarounds(hammerhead,or similar configuration)shall be constructed at the end of all driveways accessing Lots 2 through 4, 7 through 10, 13 through 16, 19 through 22, 25 through 28, 31 through 34, 37 through 40, 43 through 48, and 50 through 52 to the satisfaction of the Fire Chief and City Engineer. 6. The minimum pavement section for all on-site streets/parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R" values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 7. 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 60 feet 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 14 feet clear width in each direction. 8. On-street parking on the on-site private streets shall be prohibited by the HOA, except for , parking in designated spaces off of on-site,:streets. The HOA shall monitor and enforce `no parking'via the installation of'no parking'signs and painting of red curb along all on-site private Resolution 20393 Page 13 ' streets. SANITARY SEWER 9. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. Sewer mains and laterals in Private Streets shall be maintained by the HOA. GRADING 10. 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. 11. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. The 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. 12. 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. 13. 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. 14. 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. 15. 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. 16, Contact the Building Department to get information regarding the preparation of the PM10(dust Resolution 20393 Page 1.4 control) Plan requirements. ' 17. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving an engineered grading plan and the export of native soil from the site will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties'(RIFA Form CA-1)or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive,Palm Desert. (Phone: 760-776-8208) DMI14AGE 18. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 19. 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. GENERAL , 20. 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. 21. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 22. 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. 23. 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 Departmentalong with written confirmation from the involved utilitycompany(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. I 24. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 25. 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 Resolution 20393 Page 15 ' Springs Standard Drawing No. 203. 26. 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 27. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Department. 28, The Title Report prepared for subdivision guarantee for the subject property and the traverse closures for the existing parcel and all areas of right-of-way or easement dedication shall be submitted to the City Engineer for review and approval with the Grant Deed. 29. 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 30. 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 TAHQUITZ CANYON WAY WEST frontage of the subject property. 31. The developer shall re-stripe the northbound and westbound approaches to the Tahquitz Canyon Way/Belardo Road intersection to provide for two-lane approaches. The developer shall provide traffic striping plans for City Engineer approval. 32, The developer shall pay its"fair share"amount of$12,000.00 toward a future Tahquitz Canyon Way/ Belardo Road traffic signal. 33. Separate striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 34. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 35. The developer shall install a 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND"for traffic exiting the project site per City of Palm Springs Standard Drawing Nos.620 through 625 at the following locations: SE COR. PROJECT ENTRY @ TAHQUITZ CANYON WAY WEST 36. 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. Resolution 20393 Page 16 37. This property is subject to the Transportation Uniform Mitigation Fee based on the MULTI- ' FAMILY ITE Code B land use. FIRE 1. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 2. Construction shall be in accordancewith the 1998 California Fire Code, 1998 California Building Code,Desert Water Agency standards, NFPA standards,plus UUCSFM listings and approvals. 3. Addresses shall be in accordance with the 1998 Building Code. 4. Palm Springs fire apparatus require an outside turning radius of 43'from centerline. An inside turning radius of 30' is required. 5. Construction site fencing is required; access gates shall be at least 14" in width and equipped with a frangible chain and lock. 6. All water supplies, standpipes, and fire hydrants shall be installed in accordance with the 1998 California Fire Code and Desert Water Agency standards. 7. An automatic fire sprinkler system with 24 hour monitoring shall be required. 8. Portable fire extinguishers are required in accordance with the 1998 California Fire Code. ' 9. Vertical Fire Apparatus Clearance: Palm Spring Fire apparatus require an unobstructed vertical clearance of not less than 14' - 6". 10. Road Design: Fire Apparatus access roads;shall be designed and constructed as all weather capable and able to support a fire truck weighting 67,500 lbs., per the 98 CFC, Art. 9, Sec 902.2.2.2 and City of Palm Springs Ordinance 1570. 11. Building or Complex Gate Locking Devices: Gate(s)shall be equipped with KNOX key switch device or key box. Contact Fire Inspector for a KNOX application form. 12. Driveway Width: Driveways shall be a minimum of 12' of unobstructed width. 13. Site Plan: Provide Fire Inspector with two 8.5"x 11"site plans.Approved locations for the Fire Department connection and 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. 14. Because of the narrow width of the roadways, parking will only be allowed on one side. Red curbs restricting parking on the opposite side of the streets will be required. BUILDING 1. Prior to any construction on-site, all appropriate permits must be secured. ' RESOLUTION 20343—_r Page 17 v-'I CINI T Y MkP L...7 N.T.S. Tahquitz Canyon Way VA SI48AFUSTO ROAD jKq CITY OF PALM SPRINGS CASE NO, Case No.5.0804-PD-267 DESCRIPTION Tentative Tract Map 29077 APPLICANT A Preliminary Planned Development District and the subdivision of a 6.6 acre parcel Into 50 parcels, located to the south west of the intersection of TAHQUITZ VENTURE, LLC.AND Tahquitz Canyon Way and Museum Drive, CT REALTY CORPORATION Zone R-3/R-2,Section 15.