HomeMy WebLinkAbout20685 - RESOLUTIONS - 7/30/2003 RESOLUTION NO. 20685
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING TTM 30046 AND CASE NO 5.0881 -
PD-269, SUBJECT TO THE CONDITIONS STATED, TO
SUBDIVIDE A 50.49 ACRE PARCEL INTO AN EIGHTY NINE (89)
LOT SINGLE FAMILY RESIDENTIAL SUBDIVISION, LOCATED
NORTH OF BOGERT TRAIL, EAST OF GOLDENROD LANE,AND
WEST OF THE PALM CANYON WASH,ZONE W-R-1-B AND SP-1,
SECTION 35.
WHEREAS, Palm Canyon, LLC(the"Applicant")filed an application for Tentative Tract Map 30046
and Case 5.0881 - PD-269 to subdivide a 50,49 acre site into eighty-nine (89) 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 north of Bogert Trail, east of
Goldenrod Lane, and west of the Palm Canyon Wash, Zone W-R-1-13 and SP-1 Zone, Section 35;
and
W HEREAS,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;
an Environmental Assessment (Mitigated Negative Declaration) was certified and adopted on
January 19, 1994; and the EIR for the Canyon South Specific; Plan (SP-1A) was recertified and
adopted by the City Council on July 16, 2003, in compliance with CEQA, the State CEQA
Guidelines, and the City's CEQA Guidelines; and
WHEREAS, the portion of TTM 18087 located on the subject property was approved by the City
Council for 10 lots and has been recorded as a final subdivision map; and
WHEREAS, the portion of TTM 18087 located on the subject property was reverted to acreage
through a lot line adjustment; and
WHEREAS, said applications were submitted to appropriate City Department for their review; and
WHEREAS,said comments and requirements have been dulyconsidered and are reflected herein;
and
WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs
to consider TTM 30046 and Case No. 5.0881 - PD-269, was given in accordance with applicable
law; and
WHEREAS, on October 9, 2002, a meeting on the application for Tentative Tract Map 30046 and
Case No.50881 -PD-269 was held by the Planning Commission in accordance with applicable law;
and
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider
TTM 30046 and Case No. 5.0881 - PD-269, was given in accordance with applicable law; and
WHEREAS, on July 30, 2003, a meeting on the application for Tentative Tract Map 30046 and '
Case No. 50881 - PD-269 was held by the City Council in accordance with applicable law; and
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' WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the
effect of the proposed subdivision, Tentative Tract Map 30046, on the housing needs of the region
in which Palm Springs is situated and has balanced these needs against the public service needs
of its residents and available fiscal and environmental resources; the approval of the proposed
project represents the balance of these respective needs in a manner which 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 forthis
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 30046 and Case
No. 5.0881 - PD-269 are in compliance with the Final Environmental Impact Report
prepared for the Canyon Park Resort and Spa Specific Plan that was certified and
adopted on July 19, 1991 and recertified on July 16, 2003 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,MND,and current environmental assessment for TTM 30046
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 30046 and
Case No. 50881 - PD-269 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.
The justification for not preparing a subsequent EIR is provided in the EIR
Addendum. The revised project does not involve:
• substantial changes to the project analyzed in the EIR which would involve
new significant effects on the environment or substantially increase the
severity of previously identified impacts;
• substantial changes with respect to the circumstances under which the
project is being undertaken which would involve new significant effects on
the environment not analyzed in the EIR or substantially increase the
severity of previously identified impacts; or
• new information of substantial importance which would involve new
significant effects on the environment not analyzed in the EIR or
substantially increase the severity of previously identified impacts.
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The preparation of an EIR Addendum is appropriate if some additions and changes '
are necessary but there are no new significant effects, no increase in the severity
of impacts, and there is no new information that was not previously analyzed. The
Specific Plan amendment would result in:
• a reduction in overall density of the Specific Plan by 37 units;
• the location of 230 single family residential units west of South Palm Canyon
Drive;
• the removal of any hotel, commercial, and restaurant uses from west of
South Palm Canyon Drive; and
• a 38% reduction in the number of trips generated by the project.
All potential impacts were previously analyzed and the impacts associated with the
Specific Plan Amendment will be reduced due to the overall reductio in density,the
reduction in intensity of land uses west of South Palm Canyon Drive, and the
increase in lands designated for conservation. The existing development is
consistent with the proposed and existing Specific Plan and therefore, conditions
have not changed. The information in the EIR and subsequent environmental
assessments are consistent and the components of the project are consistent.
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 revisions to the
certified Final Environmental Impact Report and MND. The current project '
proposed an eighty-nine(89) residential lot subdivision which is substantially fewer
than the project 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 with the reduced density of development and reduced
impacts within the Palm Canyon Wash,the potential for an impact is even less than
what was analyzed in the certified Final Environmental Impact Report and MND.
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 programs
provided in the City's General Plan and Canyon South Specific Plan.
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.
Section 6: Pursuant to the Canyon Park Resort & Spa Andreas Palms and Sierra Club
Judgement, the City Council finds that the proposed project is consistent with the '
measures regarding equestrian trail access and criteria for Palm Canyon Wash
flood control facilities. In response to the findings made in the Sierra Club
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' Settlement Agreement, the applicant has proposed a 30 foot wide levee access
road, a wash design that meets or exceeds the criteria set forth in the judgement,
and agreement with the requirements for equestrian access during construction.
The Wash bottom will have a width of 520 feet and the levee will provide 100 year
storm protection and be constructed to RCFCWCD and City standards. The levee
will only be located on the west side of the Wash with no disturbance to the east
side. In accordance with the 1994 Mitigation Monitoring Program for Amendment
to Specific Plan 1, the developer is also required to renaturalize drainage
improvements using local rock materials and desert landscaping using as much of
the onsite vegetation as possible.
Section 7: 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-1A and is similar to the
previously approved tentative tract map. SP-1 allocated over 100 units to the subject
property. The proposal is for 89 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 30046 and Case No. 5.0881 - PD-269.
C. The site is physically suitable for the type and density of development contemplated by the
proposed subdivision.
The property is 50.49 acres of relatively flat desert with vegetation characteristic of the
Creosote Scrub- Cheese Bush Dominated Community and desert wash scrub. A portion
of the site was previously approved for development as part of a larger subdivision (Tract
18087)but was reverted to acreage through a lot line adjustment. The site is now proposed
for an eighty-nine (89) lot subdivision. There will be no incompatibility issues as the
surrounding land uses are also within SP-1. There is the Canyon South Golf Course to the
north,single family residences and vacant land to the west, Palm Canyon Wash to the east,
and a single family residential subdivision to the south.
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.
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All potential land use and biological impacts as a result of developing the subject property '
are fully disclosed in the Environmental Assessment, previous MND, Final EIR, and EIR
Addendum. The project site lies outside the Peninsular Range Bighorn Sheep Critical
Habitat and lacks occupation or activity by species of special concern. However, two
sensitive wildlife species were detected on adjacent properties and mitigation measures
have been introduced to reduce the effects on biological resources to less than significant
impact. The applicant will also be required to obtain a 403 permit and 1603 agreement, and
implement all mitigation measures, for impacts to land subject to review by the U.S. Army
Corp of Engineers and California Department of Fish and Game.
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.
The 50 foot wide easement for Avenida Marbella (not constructed) may be abandoned
provided the applicant provides access to the Palm Canyon Wash for RCFCWCD '
equipment and personnel. Bogert Trail will be improved to collector street standards in
accordance with City specifications, and the private streets inside the development will
incorporate traffic calming designs.
Section 8: 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 forthe 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.
The proposed subdivision is consistent with the General Plan, zoning designations, and
land use designations in SP-1. Tentative Tract Map 30046 will have 89 single family
residential units, below the allocated 100+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.
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' 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 50.49 acre parcel into
eighty-nine(89)single family residential lots. The lots average 16,483 square feet with the
smallest lot being 14,000 square feet and the largest lot being 28,025 square feet. The
property is zoned W-R-1-13 with an overlay of Specific Plan - 1 (SP-1).
The property is vacant with the northeast portion that was subdivided into 10 single-family
lots (Tract 18087), although it was reverted to acreage through a lot line adjustment The
overall density is well within the adopted master plan allowance of over 100 dwelling units.
Access to the property will be from a gated entry on Bogert Trail. Thirty 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 a 2-lane undivided, unstriped roadway.
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 four(4)lettered lots that include
landscaping in front of the subdivision on Bogert Trail
The Planned Development District includes adjustments to the R-1-13 property development
standards, namely, minimum lot size, building height, reduction in front setbacks, and
allowance of detached garages. The R-1-B zone requires a minimum lot area of 15,000.
The proposed average lot area is 16,483 square feet with unit size yet to be determined.
Lot sizes range from 14,000 square feet to 28,025 square feet. The maximum building
height permitted within the R-1-13 zone is 18 feet. Building height is proposed at 22 feet.
While the proposed building height exceeds the zone requirements, it is consistent with the
Specific Plan, which has approved building heights of up to 24 feet. The required front
setback in an R-1-B 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 10 feet and 20 feet, respectively. The
remainder of the proposal conforms with R-1-B 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.
Bogert Trail will be improved to collectorstreet standards and will be consistentwith existing
improvements. The street section is 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.
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NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council orders '
filing of a Mitigated Negative Declaration and approves Tentative Tract Map 30046 and Case No.
50881 - PD-269 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 30th day of July 2003,
AYES: Members Hodges, Reller—Spurgin and Mayor pro tem Oden
NOES: None
ABSENT: Member Mills and Mayor Kleindienst
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Ile
ity Clerk City Manager
Reviewed and Approved as to Form:
1
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EXHIBIT A
TTM 30046 and Case No. 5.0881 - PD-269
North of Bogert.Trail, east of Goldenrod Lane, west of Palm Canyon Wash
July 30, 2003
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.
PROJECT SPECIFIC CONDITIONS
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 30046 Case No. 5.0881 - PD-269. 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
' 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 applicant shall comply with the mitigation measures of the environmental assessment
as follows:
a. Design and construction of a 30-inch storm drainage system meeting City and
RCFCWCD approval to direct stormwater runoff within TTM 30046 to the Palm
Canyon Wash.
b. Design and construction of a flood wall (levee)protection system meeting City and
RCFCWCD approval and consistentwith the Settlement Agreement with the Sierra
Club necessary to protect proposed residential development from Palm Canyon
Wash 100-year water surface elevations.
C. Design and construction of on-site rough grading plans for future residential
development meeting City approval providing future pad elevations in excess of 2
feet above highest adjacent existing grade andlor in excess of 1.5 feet above the
adjacent base flood elevation of the Palm Canyon Wash.
d. Application to FEMA for processing of LOMR's required to amend to associated
FIRM for TTM 30046 and to redesignate all proposed residential development from
Zone AO and A 123 to Zone B or C.
e. Final grading plans, hydrology analysis and construction plans shall be approved
by the Public Works Director and RCFCWCD, as appropriate, prior to issuance of '
grading permit.
f. Required LOMR's shall be submitted and approved by FEMA prior to issuance of
certificate of occupancy with TTM 30046.
g. A fair-share contribution toward the construction of the South Palm Canyon Drive
bridge over the Arenas South drainage channel or other funding mechanism shall
be determined in a method meeting City approval and submitted to the City prior to
issuance of a grading permit.
h. Prior to issuance of grading permits the applicant shall obtain a 404 Permit and a
1603 Agreement (if required by law) and shall implement all mitigation measures
called for in the 404 Permit and 1603 Agreement at the appropriate time to mitigate
the project's impacts on Waters of the United States.
i. Compliance with Chapter 8.50 of the Palm Springs Municipal Code, Fugitive Dust
Mitigation Plan, shall be required prior to the issuance of grading permits.
j. Submit a Fugitive Dust Program to South Coast Air Quality Maintenance District
(AQMD) for review and approval prior to issuance of grading permits. Such plan
shall be consistent with EPA and AQMD rules in effect at the time of issuance of
grading permits.
k. All mitigation measures outlined in the SP-1 Mitigation Monitoring Program shall
apply except where superseded.
I. Prepare and submit a focused traffic study to update the analysis prepared for the
amendment to the Specific Plan#1 Environmental Assessment. (This condition no
longer applies due to traffic study completed for EIR Addendum prepared for the
Canyon South Specific Plan amendments, approved 7116103).
M. Determine any revisions or modifications to Table 7 "Circulation Mitigation '
Measures"of the Amendmentto Specific Plan#1 Environmental Assessment. (This
condition no longer applies due to traffic study completed for EIR Addendum
prepared for the Canyon South Specific Plan amendments, approved 7116103).
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n. A fair-share contribution toward the off-site roadway improvements and traffic
signals outlined in Table 7,"Circulation Mitigation Measures",of the Amendment to
Specific Plan#1 Environmental Assessment,as modified by a focused traffic study,
shall be determined in a method meeting City approval and submitted to the City
prior to issuance of a grading permit. (This condition has been superseded by traffic
mitigation measures in the EIR Addendum prepared for the Canyon South Specific
Plan amendments, approved 7116103).
o. Payment of TUMF shall be made prior to issuance of building permits. Please refer
to Engineering Condition #54 for details.
P. Regarding Casey's June Beetle, an in-lieu fee of$600 per acre for impacts to to
41.3 acres of creosote bush scrub and desert wash scrub ($24,780) shall be paid
to the City or Habitat Conservation entity as designated by The City of Palm Springs
prior to issuance of grading permits. (This condition has been included as part of a
private agreement between Palm Canyon, LLC and the Sierra Club. Please refer
to Condition #15.m. for any additional requirements),
q. Regarding the desert tortoise,a"clearance survey"shall be initiated prior to grading
permits. If the results of that survey are positive, coordination with USFWS and
CDFG and permitting subject to Section 10(a)of the Federal Endangered Species
Act and Section 2081 of the State Endangered Species Act will be required. If the
results are negative, then no further permitting will be necessary. (This condition
has been superseded by biological resources mitigation measures in the EIR
Addendum prepared for the Canyon South Specific Plan amendments, approved
7116103. Please refer to Condition #15.b, for details).
r. Prior to grading, permits will be acquired from the U.S. Army Corps of Engineers,
Regional Water Quality Control Board and CDFG.These agencies will establish any
appropriate mitigation strategies through the permitting process.
S. Automatic fire sprinklers shall be required in all homes outside of the 5 minute
response time until a new fire station is constructed for the Specific Plan 1A area.
I. Developer shall contribute on a fair-share basis to the cost of developing a new fire
station based on a formula adopted by the City. (This condition has been
superseded by Fire Protection Services mitigation measures adopted in the EIR
Addendum prepared for the Canyon South Specific Plan amendments, approved
7116103).
U. During rough grading of the site, archaeological monitoring shall be provided. (This
condition has been superseded by cultural resources mitigation measures in the
EIR Addendum prepared for the Canyon South Specific Plan amendments,
approved 7116103. Refer to Conditions#9 and#10 for details).
V. Grading or any other construction activity shall halt in the area where artifacts are
uncovered and the City shall be notified if potentially significant remains or artifacts
are found. (This condition has been superseded by cultural resources mitigation
measures in the EIR Addendum prepared for the Canyon South Specific Plan
amendments, approved 7116103. Refer to Conditions#9 and#10 for details).
6a. The final development plans shall be submitted in accordance with Section 94.03.00 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.
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6b. The property development standards for this project shalll be Section 92.01.00,R-1-B Zone, '
except for the modifications to minimum lot size, building height, front and side front
setbacks, and detached garages. Front setbacks for the residences and attached or
detached garages will be considered at 10 to 15 feet.Side front setbacks for the residences
and attached or detached garages will be considered at 20 to 25 feet. Building height will
be considered at up to 22 feet, pending submittal of final development plans.
7a. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for
approval by the Department of Planning and Zoning 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.
7b. The developer shall retain a biologist/ecologist to develop and oversee the installation of
a revegetation program for the Palm Canyon Wash. All areas disturbed, on and off-site,
during grading and construction shall be restored.
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 $1,314.00 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. A native American Monitor shall be present during all ground disturbing activities within the
Plan boundary. Should any buried deposits encountered, the Monitor shall have the
authority to halt destructive construction and notify a qualified archaeologist to investigate,
an if necessary prepare a mitigation plan for submission to the State Historic;Preservation
Officer and the Agua Caliente Cultural Resource Coordinator for approval.
10. Should cultural resources be encountered during site construction in any portion of the site,
work shall immediately cease and a qualified archaeologist shall be contacted to evaluate
the significance of the materials. Any significant findings shall be documented and
presented to the State Historic Preservation Office(SHPO), BIA,the Tribe and the City,and
resolved to their satisfaction.
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 the
certificate of occupancy for the first home in the subdivision. The CC&R's shall be
enforceable by the City, shall not be amended without City approval, shall require
maintenance of all property and.landscaping within right-of-way in a good condition and in
accordance with all ordinances.
The applicant shall submit to the City of Palm Springs, a deposit in the amount 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.
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12. 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, as amended in 2003 (now known as Canyon South Specific Plan). 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, City
Council Resolution No. 18273 certifying the negative declaration for the General Plan
Amendment and amendment to the Canyon Park Resort and Spa Specific Plan#1,and City
Council Resolution No,20673 recertifying the Final EI,R for the Canyon South 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:
d) 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
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.
Page 13
d. Prior to Final PD or Tentative Map approval, the applicant for a Final PD or Tentative '
Map proposed within the Specific plan area shall prepare a detailed drainage plan which
protects all proposed habitable structures from the 100••year storm and which is consistent
with the Conceptual Drainage Plan described in Specific Plan #1A, as amended July 16,
2003. On-site surface drainage shall be designed to manage 10-year to 100-year storm
runoff according to Riverside County Flood Control District and City Standards. Drainage
facilities shall include: natural appearing structure&arrnoring; replacement of jurisdictional
waters disturbed; revegetation and renaturalization to blend with the surroundings.
Proposed drainage improvements shall be renaturaliz:ed using local rock materials and
desert landscaping using as much of the on-site cactus and otherdesert plants as possible.
e. The natural vegetation of the site shall be preserved in open space areas. Necessary
grading or other disturbance in naturally vegetated areas shall be revegetated with drought
tolerant non-invasive species. The applicant shall submit landscape plans to the
Department of Planning and Zoning for review and approval.
13. Pursuant to the Sierra Club Judgement filed with the Riverside County Clerk on August 18,
1993:
a. The Palm Canyon Wash flood control facilities shall be constructed for 100 year
storm protection and shall include the criteria as specified in the judgement.
b. Flood control construction work for Palm Canyon Wash shall be limited to the period '
from May 1 to November 1 of any calendar year.
C. As a means of providing temporary equestrian access, the applicant shall refrain
from using Palm Canyon Wash as a haul route.
d. In accordance with Portion,#4 of Exhibit D, a 30 foot wide hiking and equestrian
path shall be provided in the Palm Canyon Wash bottom.
14. Final design of the Palm Canyon Wash flood contrDI facilities is subject to City and
RCFCWCD approval. In the event a concrete lined channel is required, Planning staff
recommends that rock lining be added to soften the visual impact.
15. All mitigation measures and associated mitigation monitoring program in the Addendum to
Canyon Park Resort and Spa Specific Plan EIR apply and are hereby incorporated as
conditions of approval. The following are mitigation measures specific to the Monte Soreno
project that have been highlighted for convenience:
a. There shall be an emphasis on plant species native to the immediate region in the
sensitive 100 yard wide area adjacent to natural hillsides. On a limited basis within
residential yards, non-desert, non-invasive exotic plants may be utilized as
ornamental landscaping. Two invasive species, tamarisk and fountain grass, shall
be prohibited in the Specific Plan area.The proposed plan and landscaping palette
for this area shall be subject to the review of the Director of the Department of
Planning and Zoning or the Planning Commission and a qualified biologist who is '
acceptable to the City.
b. Pre-construction tortoise surveys shall be required for any project north of Bogert
Trail and west of Goldenrod Lane. The surveys shall occur no more than 36 hours
Page 14
prior to the initiation of any ground disturbing activity in the area. Should desert
tortoise be identified,the project proponent shall secure permits from the California,
Department of Fish and Game and/or the U. S. Fish and Wildlife Service, as
required.
C. The project proponent(s)for any project requiring alteration of a stream or water of
the United States shall secure 404 and 1603 permits from the U.S. Army Corps of
Engineers and the California Department of Fish and Game, respectively, and 401
water q uality certification from the Regional Water Quality Control Board, if required
by law.
d. Project proponents within the Specific Plan boundary shall be required to construct
a fence in the future, if it can be demonstrated to the City Council that direct impacts
to bighorn sheep are caused by any component of the projectsproposed within the
Specific Plan boundary.Ten verified sheep sightings in a given 12 month period will
cause the initiation of a site specific utilization study. The fence design,.if required,
shall be submitted to the City and any other responsible agency for review and
approval prior to construction. The fence will be constructed within 12 months of
notification by the City.
e. All construction activity will be confined to the project site with the exception of the
temporary and permanent disturbance along the western side of the wash (see
Exhibit of"Biological Constraints Letter Report for the Monte Soreno Development
Project", by Thomas J. McGill, Ph.D., Michael Brandman Associates, December
2002).
f. The limits of the temporary disturbance zone will be cordoned off to preclude
vehicular access easterly into the remaining wash area.
g. Construction activity shall stop before dusk each day to avoid attracting dispersing
Casey's June Beetle males during the flight season (April 1 through May 31).
h. Access to the construction site will come from Bogert Trail and will remain outside
the wash.
i. Controlling dust by spraying water will be permissible outside the flight season and
only within the designated construction zone.
j. The project proponent shall secure 2.46 acres of comparable desert wash habitat
off-site as mitigation for permanent impacts. The 1.6 acres to be temporarily
impacted shall be re-naturalized.
k. A six foot wall or fence, meeting City standards, shall be constructed along the
eastern property line of the project site.
I. The payment of a $600 per acre fee to the City, for the purchase of open
space/conservation lands, as previously included in the Mitigated Negative
Declaration.
m. Palm Canyon shall pay $85,000, to be used for the acquisition of habitat for the
Casey's June beetle, in addition to the $600 per acre required by condition 15.1.
(hereafter"habitat acquisition funds"). The habitat acquisition funds shall be paid
into an escrow for the City's benefit to be used for the acquisition of habitat for the
Casey's June beetle in accordance with the terms of this Condition 15(m). Should
the City,for any reason,decide not to accept the habitat acquisition funds,the funds
shall be deposited into a separate escrow account for the benefit of an entity, public
or private, to be designated by the Sierra Club, subject to the approval of Palm
' Canyon,which approval shall not be unreasonably withheld. The habitat acquisition
funds shall still be used for acquisition of Casey's June beetle habitat. The money
shall be deposited into an escrow account for the City or into a separate escrow
account within 21 days of City Council approval of the Monte Sereno project
application. For the purposes of this condition, date of approval shall be the date on '
which the last signature is placed on any resolution or ordinance required for the
approval of the Monte Sereno project application. Palm Canyon shall provide
written notice to the Sierra Club that the habitat acquisition funds have been
deposited within 48 hours of their deposit.
For the purposes of this condition, the acquisition of habitat for the Casey's June
beetle shall mean the purchase or permanent preservation by way of conservation
easements and/or deed restrictions habitat identified in an approved habitat
conservation plan or habitat approved by the Sierra Club. The City or the entity
designated in place of the City by the Sierra Club shall provide the Sierra Club
written notice of an intended use of the habitat acquisition funds at least forty-five
(45) days before such expenditure takes place and that failure to object in writing
within thirty(30)of notice being mailed shall be deemed automatic approval by the
Sierra Club.
If, for any reason, Palm Canyon requests the return of the $85,000, the money,
togetherwith accrued interest,shall be returned to Palm Canyon,this condition shall
be deleted and the City shall prepare a Supplemental Environmental Impact Report
to address the impact of the Monte Sereno project on the Casey's June beetle.
16. The developer shall prepare a focused traffic study, to be completed within six months of
when 80% of the project is complete, to evaluate traffic impacts to Bogert Trail. The
focused traffic study shall be submitted to the City Engineer for review and approval. The
developer shall be responsible for all improvements to mitigate impacts identified in the
focused traffic study.
GENERAL CONDITIONS
1. The street address numbering/lettering shall not exceed eight inches in height.
2. Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be
submitted for approval prior to final map approval.
3. The design, height, texture and color of fences and walls shall be submitted for review and
approval prior to issuance of building permits.
4. 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.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding
public art. The project shall either provide public art or payment of an in lieu fee. In the
case of the in-lieu fee, the fee shall be based upon the total building permit valuation as
calculated pursuant to the valuation table in the Uniform Building Code, the feeing being
1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the public art be
located on the project site, said location shall be reviewed and approved by the Director of '
Planning and Zoning and the Public Arts Commission, and the property owner shall enter
into a recorded agreement to maintain the art work and protect the public rights of access
and viewing.
' 6. 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.
7. 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.
8. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal
Code for specific requirements.
9. 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.
10. Priorto 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.
11. Trash cans shall be screened from view and kept within fifty (50) feet of the street.
12. All roof mounted mechanical equipment shall be screened from all possible vantage points
both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall
be considered as an element of the overall design and must blend with the architectural
design of the building(s). The exterior elevations and roof plans of the buildings shall
indicate 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.
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: Fire Department Access Roads shall be provided and maintained
in accordance with Sections 901 and 902 CFC. (902.1 CFC)
2. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If
parking on one side of the access road is desired, provide an additional 8 foot wide parking
lane with opposing curb marked red with appropriate signage for a total 28 foot width. If
parking on both sides of the access road is desired, provide an 8 foot wide parking lane on
each side of the access road for a total 36 foot width. (902.2.2.1 CFC)
3. . Turh-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet '
in length shall be provided with approved provisions forthe turning around offire apparatus.
The City of Palm Springs approved turn around provision is a cul-de-sac with an outside
turning radius of 43 feet from centerline. (902.2.2.4 CFC)
4. Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire
station and therefore requires an automatic fire sprinkler system. Only a C-16 licensed fire
sprinkler contractor shall perform system design and installation. System to be designed
and installed in accordance with NFPA standard 13D, 1996 edition, as modified by local
ordinance. The contractor should submit fire sprinkler plans when the building plans are
submitted. This allows concurrent review of the fire sprinkler and building plans.
5. Water Systems and Hydrants: Underground water mains and fire hydrants shall be
installed, completed,tested and in service prior to the time when combustible materials are
delivered to the construction site. (903 CFC). Prior to final approval of the installation,
contractor shall submit a completed Contractor's Material and Test Certificate to the fire
department. (9-2.1 NFPA 24)
6. 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 groundcover plantings.
7. 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.
8. 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)
ENGINEERING:
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:
Page 18
' 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.
BOGERT TRAIL
3. The Main Entry shall be constructed in accordance with City of Palm Springs Standard
Drawing No. 205 and have a minimum width of 85 feet or as approved by the City Engineer.
4. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
5. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire frontage per
City of Palm Springs Standard Drawing No. 200 and 206,
6. Construct a Type C curb ramp meeting current California State Accessibility standards
along both sides of the MAIN ENTRY per City of Palm Springs Std, Dwg. Nos. 214 and
212A.
7. Remove and replace existing pavementwith a minimum pavement section of 3 inch asphalt
concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at
95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge
of existing pavement along the entire Bogert Trail 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.
AVENIDA MARBELLA
8. The existing 50 foot wide easement for road purposes for Avenida Marbella (not
constructed)may be abandoned; however, access to the Palm Canyon Wash by Riverside
County Flood Control District (RCFC) equipment and personnel shall be maintained or
provided in an alternate location.The developer shall coordinate relocation of Palm Canyon
Wash access with RCFC and provide the City Engineer with documentation from RCFC
supporting abandonment of the existing road easement, prior to approval of the final map.
PRIVATE STREETS
9. 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 at one location on Street "B" between
' Streets "A" and "E", one location on Street "D" between Streets "B" and "E", and one
location on Street "F" between Streets "B" and "D", 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
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travel way shall be constructed with a colored or decorative Portland cement concrete '
section 6 inches thick as approved by the City Engineer.
10. The minimum pavement section for all on-site streets 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.
11. Construct a wedge curb,with the back of the wedge curb located 18.5 feet from both sides
of centerline along all private street frontages, with 25 foot radius curb returns and
spandrels as required at interior street intersections, per City of Palm Springs Standard
Drawing No. 200 and 206.
12. Construct 6 footwide cross gutters as required at interiorstreet intersections in accordance
with City of Palm Springs Standard Drawing No. 200 and 206.
13. Street intersection design for interior "L" street intersections shall be designed in
accordance with City of Palm Springs Standard Drawing No. 104, or as approved by the
City Engineer.
14. Off-set cul-de-sacs of interior streets shall be designed in a manner acceptable to the City
Engineer. '
15. All centerline radii shall be a minimum of 130 feet.
the proposed intersection of Street "B" and Street "F" shall be revised. The intersection
shall be redesigned in a manner acceptable to the City Engineer, using a standard knuckle,
or the centerline radius shall be increased to a minimurn of 130 feet.
16. Construct minimum 10 wide driveway approaches for all lots in accordance with City of
Palm Springs Standard Drawing No. 201.
17. The following requirements fora gated entry shall be met to provide adequate setbacks and
turning movements for vehicles entering the primary parking facilities of this project:
A. Provide a minimum 50 foot setback to the access gate control mechanism
B. Provide a turnaround after the mechanism for vehicles unable to enter the project
C. Security gates shall provide a minimum of 20 feet clear width in one direction.
D. Provide a separate lane of ingress for residents.
SANITARY SEWER
18. All on-site sewer systems shall be privately maintained by a Home Owners Association '
(HOA). Provisions for maintenance of the on-site sewer system, acceptable to the City
Engineer, shall be included in the Codes, Covenants & Restrictions (CC&Rs) required for
this project.
' 19. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at
manhole.
20. Developer shall construct an 8 inch sewer main across all PRIVATE STREET frontages,
or as required to provide sewer service to each lot.
21. 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.
22. The existing 8 inch and 12 inch public sewer mains extending through the project and
proposed for relocation shall be relocated in a manner acceptable to the City Engineer.The
developer shall dedicate an easement for sewer purposes to the City of Palm Springs over
' the width of private streets for the relocated alignment of the public sewer system within the
project.The relocated public sewer mains shall be separated from the private sewer system
to be constructed to provide sewer service to lots within the project.
GRADING
23. The proposed pad elevations shown on the tentative map are inconsistent with the City of
Palm Springs Flood Hazard Ordinance. Approved pad elevations shall be established as
required to demonstrate compliance with the Flood Hazard Ordinance including: design of
on-site rough grading plans for future residential development meeting City approval
providing future pad elevations in excess of 2 feet above each lot's highest adjacent
existing grade in the AO Zone, and/or 1.5 feet above the base flood elevation in the A7 and
Al Zones.
24. 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.
25. 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 approval to submit for plan check prior to submittal to the Engineering Department. A
PM 10(dust control) Plan shall be submitted to and approved by the Building Division prior
to approval of the grading plan. The Grading Plan shall be approved by the City Engineer
prior to issuance of any grading or building permits.
' Minimum submittal includes the following:
A. Planning Department approval to submit for plan check.
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.
26. 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.
27. 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.
28. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer '
shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for
mitigation measures of erosion/blowsand relating to his property and development.
29. A soils report prepared by a licensed 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.
30. Contact the Building Department to get information regarding the preparation of the PM10
(dust control) Plan requirements.
31. In cooperation with the Riverside County Agricultural Commissioner and the California
Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading
permits involving a grading plan and involving the export of soil will be required to present
a clearance document from a Department of Food and Agriculture representative in the
form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas
of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) or a verbal release
from that office prior to the issuance of the City grading permit. The California Department
of Food and Agriculture office is located at 73-7.10 Fred Waring Drive, Palm Desert.
(Phone: 760-776-8208)
DRAINAGE
32. The developer shall accept all stormwater runoff passing through and falling onto the site '
and conduct this runoff to an approved drainage structure as required by the hydrology
study prepared by Tettemer and Associates, Dated April 2001.
' 33. The eastern slope of the Palm Canyon Wash shall not be disturbed.
34. Developer shall pay a fair share contribution as approved by the City Engineer toward the
construction of a bridge structure at the South Palm Canyon Drive crossing of the Arenas
South drainage channel.
35. A portion of this property is in Federal Insurance Rate Map (FIRM) Zone A7 (Lots 25
through 29), Zone A13 (Lots 3 through 13) and the remainder is in Zone AO (Depth 1).
Development of this project shall conform to all FEMA and City of Palm Springs Flood
Hazard Ordinance requirements for these zones.
36. The developer shall design and construct a storm drain system outletting into the Palm
Canyon Wash, as approved by RCFC and the City Engineer consistent with the proposed
system included in the hydrology study prepared by Tettemer and Associates, dated April
2001.
37. The developer shall design and construct a hard lined levee flood wall system adjacent to
the Palm Canyon Wash from the end of the existing levee north of the Bogert Trail Bridge
to the north property line of the tract OR transition to the existing channel, and shall
coordinate further drainage improvements within the Canyon Golf Course area as required
by and approved by RCFC and the City Engineer, consistent with the proposed
improvements included in the hydrology study prepared by Tettemer and Associates,dated
April 2001.
3& The developer shall submit an application and all required information to the Federal
Emergency Management Agency (FEMA) for approval of a Conditional Letter of Map
Revision (CLOMR) or a Letter of Map Revision (LOMR) prior to issuance of building
permits.
39. Final grading plans,hydrology analysis and construction plans shall be approved bythe City
Engineer and RCFC, as appropriate, prior to issuance of a grading permit.
ON-SITE
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 proposed utilities shall be installed underground.
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.
42. The developer is advised to contact all utility purveyors for detailed requirements for this
project at the earliest possible date.
Page 23
43. 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.
44. All proposed trees within the public right-of-way and wiithin,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
45. 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.
46. 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
47. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street
furniture, fire hydrants and other above-ground facilities for handicap accessibility. The
developer shall provide same through dedication of additional right-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 BOGERT TRAIL frontage
of the subject property.
48. Install a stop sign at the following interior street intersections as required by the City
Engineer:
Install a stop sign for vehicles egressing at the Main Entry.
Install a three-way stop sign at Street"A" and Street "B".
Install a stop sign on Street"C" at Street"E".
Install a stop sign on Street"E" at Street"D".
Install a stop sign on Street "E" at Street "B".
Install a stop sign on Street"D" at Street"F°.
Install a stop sign on Street"H" at Street"F°.
49. The developer shall replace all damaged, destroyed, or modified pavement legends and
striping that is required by the City Engineer on the BOGERT TRAIL frontage prior to
issuance of a Certificate of Occupancy.
50. The developer shall pay a fair share contribution toward the off-site roadway improvements
and traffic signals outlined in the Specific Plan, as amended on July 16, 2003. Payment of
required fair share contributions shall be made prior to approval of a final map.
51. Street name signs shall be required at each intersection in accordance with City of Palm ,
Springs Standard Drawing Nos. 620 through 625.
Page 24
52. Low profile and glare protected lights shall be installed on each side of the Main Entry
located on Bogert Trail.
53. 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 accordancewith 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.
54. This property is subject to the Transportation Uniform Mitigation Fee based on the
RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use.
Resolution 20685 Page 25
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CITY OF PALM SPRINGS
CASE NO, 5.0881-PD269 TTM 30046 DESCRUPTION
APPLICANT Palm'Canyon,LLC Application for the,subdivision of50.49acres I
into 89 singe fefmlly residential lots,
Zone W-IR-.1-13 and SP-1, Section 35.
74/0