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HomeMy WebLinkAbout20763 - RESOLUTIONS - 10/15/2003 RESOLUTION NO. 20763 ' OF THE CITY COUNCIL OF THE CITY OF: PALM SPRINGS, CALIFORNIA, APPROVING AMENDMENTS TO CASE 5.0780-PD 268, PRELIMINARY PLANNED DEVELOPMENT DISTRICT NO. 268, ADOPTING PLANNED DEVELOPMENT DISTRICT SPECIFIC NOISE OVERLAY REGULATIONS AND MODIFYING THE PLANNED DEVELOPMENT DISTRICT TO ALLOW A ONE HUNDRED AND THIRTY(130)FOOT HIGH RISE HOTEL,WHICH INCLUDES A 700 ROOM RESORT HOTEL, TIMESHARE, VACATION UNITS, CONDOMINIUM HOTEL, CASITAS, AND/OR CONDOMINIUMS/APARTMENTS AND RELATED USES, 400,000 SQUARE FEET OF RETAIL, BUSINESS PARK AND OFFICE SPACE AND AN 18 HOLE GOLF COURSE, AND APPROVE TENTATIVE TRACT MAP 31318, ON 273 ACRES SITE, AT THE INTERSECTION OF CROSSLY ROAD AND MESQUITE AVENUE, W-M-1 M-1, W ZONES, SECTION 20 WHEREAS,Ernest G.Noia,("Applicant'),on behalf of Leonard Bow,Lawrence Bow,Sue Short,Arthur Diaz Jr., and Mid Valley Center LP, has filed an application with the City, Case No. 5.0870, pursuant to Section 9403.00 for a Planned Development District for a 700 room resort hotel,timeshare,vacation units, condominium hotel, casitas, condominiums/apartments and up to 400,000 square feet of ' retail/commercial, office and business park uses, an 18 hole golf course and support facilities; and WHEREAS the Applicant has filed a General Plan Amendment and a Planned Development District application with the City and has paid the required filing fees; and WHEREAS,the proposed development is considered a"project'pursuant to the terms of the California Environmental Quality Act("CEQA"),and an Initial Study and Mitigated Negative Declaration has been prepared forthis Project and has been distributed to the State Clearinghouse and responsible agencies and other interested parties for public review and comment in accordance with Section 21092(b)(1)of the California Public Resources Code (the California Environmental Quality Act); and WHEREAS, adoption of the Planned Development District Specific Noise Overlay regulations concerning the property would insure compatibility between the proposed resort/residential land usage and the Palm Springs International Airport; and WHEREAS, the application would enact provisions of the Airport Part 150 Study-Implementation specifically for the subject property as part of the approval for the: project and that the Part 150 Study included revised noise contours and diagrams which indicated the:proposed residential/timeshare use is located out side of noise sensitive area and that residential use are compatible with the adopted Part 150 study; and Resolution 20763 Page 2 WHEREAS, modification of the approved Planned Development District for a 263 acre project would provide for a wider range of visitor serving uses, including a 700 total maximum unit resort hotel, timeshare, vacation units, condominium hotel, casitas, condominiums/apartments and up to 400,000 s.f,of corporate business park and retail space integrated with an 18-hole tournament golf course,and may include conferencing facilities, swimming pool(s), tennis, paths (hiking, bicycling, jogging), and related commercial space; and WHEREAS,the Planned Development District application also includes a request for a hotel height of one-hundred thirty (130), which is in excess of the one hundred (100) feet,allowed on Indian land, pursuant to Section 93.04.00 of the Zoning Ordinance (High Rise)and the PD application would then be consistent with the General Plan Amendment; and WHEREAS, the applicant also requests approval of Tentative Tract Map 31318, which includes the subdivision of 233.97 acres into 36 parcels, for future development of the project;and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Planned Development District No.268 and Tentative Tract Map 31318 was issued in accordance with applicable law; and WHEREAS,on October 8,2003, a public hearing on the application for Planned Development District No. 268 and Tentative Tract Map 31318 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence ' presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented; and WHEREAS,on October 8,2003,the Planning Commission voted to recommends that the City Council approve the proposed project; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an application for Planned Development District No. 268 and Tentative Tract Map 31318 was issued in accordance with applicable law; and WHEREAS,on October 15,2003,a public hearing on the application for Planned Development District No.268 and Tentative Tract Map 31318 was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project,including but not limited to the staff report,all written and oral testimony presented. � b �2 Page.3 . .. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: Pursuant to CEQA,the City Council finds that a draft Mitigated Negative Declaration has been prepared and completes in compliance with CEQA,the State CEQA Guidelines, and the City's CEQA Guidelines;the Initial Study and Mitigated Negative Declaration adequately addresses the general environmental setting of the proposed Project,its significant environmental impacts, and mitigation measures related to each potentially significant environmental effect for the proposed Project. The City Council therefore certifies the Initial Study and files the Mitigated Negative Declaration and Environmental Assessment as complete. Section 2: The City Council has reviewed and analyzed information contained in the Mitigated Negative Declaration priorto taking action on the General Plan Amendments and certify the Initial Study as complete and files Mitigated Negative Declaration and Environmental Assessment.The MND reflects the independent judgement of the City Council. The City Council finds that the mitigation measures are necessary to reduce or avoid significant impact to a level of less than significant and incorporates same herein by reference. Section 3: 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, resort hotels, vacation units, commercial, business park, industrial uses and golf courses are permitted or conditionally permitted uses within the W-M-1, M-1 zone, and golf course are allowed in the W zone. b. The said uses are necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed project consists of an resort hotel,commercial offices and business park located on a golf course. The use is consistent with the objectives of the General Plan, and therefore not be detrimental to the existing or future uses permitted in the zone in which the use is located. As part of the previous approval for Case No 5.0870-PD, the City Council eliminated the bikeway from the Whitewater River Wash and directed staff to study the equestrian trail. The City Council eliminated the bikeway from the Whitewater River Wash based upon the understanding that bikeways would be constructed along Mesquite and Crossley Roads as part of this project. The applicant no longer seeks the elimination of the equestrian trail from the Whitewater River. The equestrian trail is supported by General Plan Objective (10.8 - Recreational Trails)and Policies 10.8.1 (Acquiring rights of way), and 10.8.6(Recognizing the Whitewater Was as valuable open space).While such improvements would not be immediately connected to an existing regional system, portions of those regional equestrian systems are obtained as development occurs,and in the future,opportunities will exist to secure these other ' missing equestrian trail links. Resolution ZU-M Page 4 A related General Plan Amendment amending Policy 3.14.30 to establish the Indian Oasis Resort and including a description of the proposed project has been approved by the City Council. C. The site for the intended use is adequate in size and shape to accommodate said use, including yards,setbacks,walls or fences,landscaping, pedestrian improvements, bicycle and equestrian trails and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The site is adequate in size and shape to accommodate the proposed uses. The proposed uses are compatible with existing and permitted future uses of land in the vicinity. d. The site for the proposed uses relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Infrastructure improvements including street improvements are required to carry the type and quantity of traffic 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. 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, policies and general land uses and programs provided in the City's General Plan and any applicable specific plan; and Section 5: Pursuant to Government Code Section 65567,the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies and general land use provided in the City's local open space plan; and Section 6: Pursuant to Government Code Section 66474, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed map is consistent with the applicable General Plan. b. The design or improvements of the proposed subdivision are consistent with the General Plan. C. The site is physically suitable for the type of development contemplated by the proposed subdivision. d. The site is physically suitable for the proposed densityof development contemplated by the proposed subdivision. 1� � Y Kesolution 20763 Page 5 e. The design of the subdivision or improvements is not likely to cause substantial ' environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. f. The design of the subdivision or improvements 'is not likely to cause serious public health problems. g, The design of the subdivision or the type of !improvements will not conflict with easements, acquired by the public at large,for access through or use of the property within the proposed subdivision. h. A nexus and rough proportionality have been established for the requirement of the dedication of the additional right-of-way to the City and the off-site improvements as related to this tentative tract map application. I. This right-of-way dedications and off-site improvements related to this tentative tract map application are required to comply with the City of Palm Springs General Plan designations for Ramon Road, Mesquite Avenue and Crossley Road. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves amendments to Planned Development District No. 268 and approves Tentative Tract Map 31318, subject to those conditions set forth in the attached Exhibit A and B, which are to be satisfied prior to the issuance of building permits unless otherwise specified. ADOPTED this 15' day of October, 2003. ' AYES: Members Mills, Reller-Spurgin and Mayor pro tem Oden NOES: None ABSENT: Member Hodges and Mayor Kleindienst ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and approved: £ Resolution 20763 Page 6 ' EXHIBIT A PLANNED DEVELOPMENT DISTRICT 5.0870-PD-268 INDIAN OASIS RESORT APPROVED JULY 5, 2001 REVISED OCTOBER 15, 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. PLANNING: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and ' resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers,and employees from any claim,action,or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0870-PDD No. 268 and the related the General Plan Amendments. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. Deleted. 4. Approval is granted for the preliminary Planned Development District No. 268, including 700 maximum unit resort hotel, timeshare, vacation units, condominium hotel, casitas, condominiums/apartments, a high tech business park featuring 400,000 square feet of retail, commercial, office and business park development, an 18 hole golf course and related uses. Kesowtron zuib3 Page 7 5. Additional site and development specific conditions of approval will be required as separate ' architectural and conditional use permit approvals and final development plan approvals are submitted. 6. Separate architectural approval shall be required for all buildings. An application for architectural approval shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 7. A conditional use permit will be required for the resort hotel and any other high rise buildings, as defined in Section 93.04 of the Zoning Ordinance.An application for a conditional use permit shall be submitted for review by the Planning Commission and approval bythe City Council prior to issuance of building permits. 8. Final development plans for the golf course shall be submitted for review and approval by the Planning Commission. 9. Pursuant to Fish and Game Code Section 711.4 a Negative Declaration filing fee of $1,328.00 is required. Fee shall in the form of a money order or cashier's check payable to Riverside County. 10. The mitigation measures of the environmental assessment are incorporated into the conditions of approval by reference and shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be incorporated into the project prior to Planning Commission consideration of the environmental ' assessment. See Attachment 1. 11. Deleted. 12. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations,floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program,site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two(2)years of the City Council approval of the preliminary planned development district. 13. Final off-site and on-site improvement plans including landscaping, irrigation, exterior lighting, parking lot, entryway, amenity package, golf course and wall/fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. 14. Landscape plans shall be approved bythe Riverside County Agricultural Commissioner's Office prior to submittal. 15. 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. 16. 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 Kesolution Z0/63 Page 8 ' for specific requirements. 17. The applicant shall coordinate with DWA to install temporary lines for reclaimed water for dust control during grading activities, subject to Indian Land owner rights, if any. 18. The applicant shall utilize reclaimed water for golf course and landscape irrigation purposes, subject to Indian Land owner rights, if any. 19. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 20. The applicant shall prepare a grading phasing plan for review and approval by the city Engineer and Director of Planning and Building. Mass grading shall be discouraged. All graded areas shall be landscaped with wild flower cover or soil stabilizer until development occurs. 21. Drainage swales shall be provided adjacent to all curbs and sidewalks -3'wide and 6"deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 22. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering ' specifications, 23. 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. The CCR's shall have a disclosure statement regarding the location of the project relative to airport noise. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. 24. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000.00 for the review of the CC&R's by the City Attorney,additional funds may be required to cover the full cost of City Attorney review. 25. Separate architectural approval and pen-nits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 26. All materials on the flat portions of the roof shall be earth tone in color. Resolution 20763 Page 9 27. 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 anyfixtures 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. 28. No exterior downspouts shall be permitted on anyfacade on the proposed building(s)which are visible from adjacent streets or residential and commercial areas. 29. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 30. 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. 31. The street address numbering/lettering shall not exceed twelve inches in height. 32. The project shall be operated in compliance with Section 11.74 of the Palm Springs Municipal Code, which deals with Noise. 33. Construction of vacation units shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. , 34. An exterior lighting plan in accordance with the Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. A photometric study and manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 35. Deleted. 36. Deleted. 37. Deleted. 38. Submit plans meeting City standard for approval of the proposed trash and recyclable materials enclosures prior to issuance of a building permit, 39. 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 fee being 1/2%for commercial projects or 1/4%for residential projects with first$100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building and the Public Arts ' Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. � b � Page 10 ' 40. Details of swimming pool and other recreation amenities (material and color) and equipment area shall be submitted with final landscape plan. 41. Prior to the issuance of building permits,locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located below grade and 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. 42. The project design shall comply with Section 93.06.00 Off Street Parking. 43, Deleted, 44. Deleted. 45. Deleted. 46. Deleted. 47. Deleted. 48. Deleted. 49. Deleted. 50. All parking areas shall be adequately screened pursuant to Section 9306.00 of the Zoning Ordinance, including the use of decorative screen walls in the parkway areas between on-site parking areas and the public streets. As such, four foot high walls and/or berms are required. Should berming be used adjacent to retention basins for on-site drainage,the berming shall fit aesthetically and shall not include extreme slopes for either the berms or the retention basins. If walls are utilized, the design, height, texture and color of the walls shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. 51. The design of the on-site retention basins shall be as unobtrusive as possible and shall incorporate more of a natural,free-flowing shape. Retention area shall be incorporated into the golf course design. Retention basins, landscaping, berms and masonry screening walls (if proposed) shall be shown on the grading plan in order to ensure all proposed elements fit aesthetically in the proposed locations and that the appropriate spacial relationships are maintained.The shape of the retention basins shall be reviewed and approved by the Planning Commission as part of the final Planned Development plans. 52. The final design of the vehicular access points,which include access gates,special pavement, call boxes, turnaround areas, etc. shall be reviewed as part of the final development plans by the Planning Commission. ' 53. Appropriate landscaping should be provided along the south property line to screen areas from the adjacent residences to the south,to the satisfaction of the Director of Planning and Zoning. Resolution 20763 Page 11 54. Decorative stamped and colored concrete shall be utilized at all project entry ways to delineate pedestrian/vehicular interface and throughout the project to indicate areas of pedestrian movement. 55. Obstruction lights shall be installed on the top of the hotel, to the satisfaction of the Airport Director and FAA,if required. A non-suit covenant aviation easement is required for all parcels. An FAA 7460-1 form shall be completed out by the applicant and submitted to the FAA. 56. Not used. 57. Not used. 58. See Biology Mitigation Measures for conditions affecting biological resources. 59. Deleted. 60. The applicant shall provide an irrevocable offer of dedication for an equestrian trail within the Whitewater River Wash for an equestrian trail, as part of the final golf course plans, in a location to be determined, and approved in Final PD. 61. Deleted. 62. Review and approval of a portion of the golf course by the:City of Cathedral City, or other form of release by the City of Cathedral City, is required prior to approval of grading permits for the golf course. SCHOOLS (PALM SPRINGS UNIFIED): 1. The developer shall pay school impact fees to the Palm Spring Unified School District, subject to any credits, if any, for Bureau of Indian Affairs fees paid to PSUSD. POLICE DEPARTMENT: 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 1. The location of the trash enclosures are acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT: 1. Construction shall be in accordance with 1998 California Fire Code, 1997 Uniform Fire Code, , 1998 California Building Code, 1997 Uniform Building Code,1996 National Electrical Code, City of Palm Springs Ordinance 1570,Desert WaterAgency requirements and specifications, NFPA � 1�11 Resolution 20763 Page 12 ' Pamphlet 13D(Modified),the 1997 Urban-W ildland Interface Code,plus UL and CSFM listings and approvals. 2. Fire Department Access shall be in accordance with the 1998 California Fire Code, Article 9, Section 902. 3. Fire Department Water Supplies shall be in accordance with 98 CFC, NFPA 24, DWA specifications. 4. Fire hydrants shall be installed in accordance with the 98 CFC, 98 CFC appendix III-B plus DWA specifications. 5. Standpipes shall be installed in accordance with 98 CFC and NFPA 24. 6. Commercial food preparation hood and duct systems shall be designed and installed in accordance with NFPA 17, 96 and UL-300. Commercial hood and duct systems shall be protected by a complete fire extinguishing system designed in accordance with NFPA 17a, 96 and UL-300. 7. Provide automatic sprinklers for all buildings in accordance with NFPA 13. 8. Life Safety requirements for all high-rise buildings shall be in accordance with NFPA 13. 9. Fire alarms required in accordance with NFPA 72. ' 10. Provide a UL listed fire alarm Central Station Service in accordance with NFPA 13. 71 and 72. 11. Construction site fencing is required for all combustible construction of 5,000 SF in accordance with PSO 1570 and 98 CFC and the Fire Marshall as AHJ. 12. Construction site fire apparatus access gates shall be at least 14' in width and equipped with frangible chains and padlocks. 13. A construction site guard is required for all construction of over 5,000SF, in accordance with PSO 1570 and the Fire Marshal as AHJ. 14. Portable fire extinguishers shall be installed in accordance with 98 CFC and UL 300. 15. Smoke detectors shall be installed to protect all sleeping areas per the 98 CFC and 98 CBC. 16. Fire dampers and activating heat or smoke detectors shall be provided where air ducts penetrate fire-rated walls or ceilings per the 98 CBC. 17. All means of egress and egress signage shall be in accordance with the 98 CFC and 98 CBC. 18. Submit detailed plans for review, ENGINEERING ' STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment. 2. If the developer undertakes any work within the City of Cathedral City right-of-way,permits shall be obtained from the City of Cathedral City if required. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. 4. Developer shall calculate and pay his fair share contribution, based on traffic volume,for non- regional road improvements not included in the TUMF program;or,in the event participation in the TUMF program is not made through payment of required TUMF fees upon issuance of building permits, the developer shall calculate and pay the fair share contribution, based on traffic volumes,to regional road improvements,all as referenced on Page 4-2 of the original or updated Traffic Impact Study prepared by Endo Engineering,dated June 6,2001,and as may be revised as required by these conditions. Calculation of the fair share contributions and an estimate of the cost of the required traffic mitigation improvements shall be submitted to the City Engineer for review and approval. 4A. The previous Traffic Impact Study for this development prepared by Endo Engineering,dated , June 6, 2001, shall be amended to reflect changes in internal traffic circulations as a result of the proposed revisions to the original development. The Traffic Impact Study shall also be augmented to determine a reasonable method, subject to the City Engineer's approval, of distributing the implementation and timing of required traffic mitigation measures, including payment of fair share costs for street improvements. The developer shall be subject to additional traffic mitigation measures, if any, identified by a revised Traffic Impact Study, as approved by the City Engineer. MID-VALLEY PARKWAY 5. The Developer shall pay a fair share reimbursement to the City of Palm Springs for the construction of street improvements related to the Mid Valley Parkway. The reimbursement shall be in an amount as established by CVAG and the City of Palm Springs. Payment shall be made in accordance with the terms of such agreement. This condition shall be eliminated if CVAG and the City of Palm Springs approve a reimbursement agreement using Measure A funding. CROSSLEY ROAD 6. Dedicate an additional right-of-way of 14 feet to provide the ultimate half street width of 44 feet where necessary along the entire frontage. 6A. Dedicate an easement for sidewalk and/or bicycle path purposes along the entire Crossley Road frontage as required for those portions of the meandering sidewalk and/or bicycle path ' (if any)that encroach onto private property. Resolution 20763 Page 14 ' 7. If right-of-way can be obtained by developer,construct an exclusive Northbound right turn lane at the intersection of Ramon Road and Crossley Road, obtain right-of-way necessary for this construction. Implementation as approved by the City Engineer. 8. Construct a 12 foot wide meandering combination sidewalk and bicycle path along the entire west side of the Crossley Road frontage from the north property line of the Fairway Condos to the south line of the Marketfair. The construction shall be of colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Department. The concrete shall receive a broom finish. OR Construct an 8 foot wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000-Bikeway Planning and design)along the entire west side of the Crossley Road frontage. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan, or approved equal color by the Engineering Division. The concrete shall receive a broom finish. Between the curb and the meandering bicycle path, a separate 5 foot wide meandering sidewalk shall be constructed of natural colored Portland cement concrete along the entire frontage. OR Construct a Class II bicycle path (Caltrans Design Manual - Bikeway Planning and Design) ' along the entire west side of the Crossley Road frontage. The bicycle path shall be provided with appropriate signage and striping along Mesquite Avenue, as approved by the City Engineer. The final determination of specific bike path requirements and locations shall be made as part of the Final Planned Development review and approval by the Planning Commission. 8A. Construct a 12 feet wide meandering combination sidewalk and bicycle path along the east side of the Crossley Road frontage north of Mesquite Avenue. The construction shall be of colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Department. The concrete shall receive a broom finish. OR Construct an 8 feet wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000-Bikeway Planning and design)along the east side of the Crossley Road frontage north of Mesquite Avenue. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan,or approved equal color by the Engineering Division. The concrete shall receive a broom finish. Between the curb and the meandering bicycle path, a separate 5 feet wide meandering sidewalk shall be constructed of natural colored Portland cement concrete along the entire frontage. OR ' Construct a Class II bicycle path (Caltrans Design Manual - Bikeway Planning and Design) along the east side of the Crossley Road frontage north of Mesquite Avenue. The bicycle path Resolution 20763 Page 15 shall be provided with appropriate signage and striping allong Mesquite Avenue, as approved ' by the City Engineer, The final determination of specific bike path requirements and locations shall be made as part of the Final Planned Development review and approval by the Planning Commission. 9. Construct the north and south halves of an 8 foot cross gutter and spandrel at the intersection of all driveway approaches and Crossley Road with a flow line parallel to the centerline of Crossley Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 10. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum widths of 24 feet to accommodate curb ramps and shall align with Sunny Dunes Road and Indian Springs Road. 11. All driveways shall have approach lanes per Traffic Study, Figure 3-8. 12. Construct a minimum 8 feet wide meandering sidewalk along the east side of the Crossley Road frontage south of Mesquite Avenue in accordance with City of Palm Springs Standard Drawing No. 210. 13. Remove the existing curb ramps and construct a Type A curb ramp meeting current California State Accessibility standards, at the northeast, southeast, and southwest corners of the intersection of Crossley Road and Mesquite Avenue per City of Palm Springs Std. Dwg. Nos. 212 and 212A. ' 14. Construct a curb ramp meeting current California State Accessibility standards,at the northeast and southeast corners of the intersection of Crossley Road and the three(3)driveways on the east side of Crossley Road and at the northwest and southwest comers of the intersection of Crossley Road and the west side driveway per City of Palm Springs Std. Dwg. Nos. 212 and 212A, or 214. 15. Remove and replace existing pavement or construct new ac pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95%relative compaction,OR equal,from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. The pavement section shall be designed, using'TV'values,by a licensed Soils Engineer and submitted to the City Engineer for approval. 15A. Remove the existing curb return,and curb and gutter,and construct an 8-inch curb and gutter, 32 feet east and west of centerline along the entire frontage (where required), with a 35-feet radius curb return at the northeast, southeast, and southwest corners of the intersection of Crossley Road and Mesquite Avenue in accordance with Palm Springs Standard Drawing Nos. 200 and 206. 15B. Remove and relocate the existing storm drain improvements (catch basins, storm drain pipe, and drywell) at the intersection of Crossley Road and Mesquite Avenue as necessary to construct the required street improvements. 15C. The developer shall be responsible for the relocation and modification of the existing traffic ' signal poles, conduit, pull boxes and all appurtenances located at the intersection of Mesquite Resolution 20763 Page 16 ' Avenue and Crossley Road in accordance with the requirements of the City of Palm Springs. Atrafficsignal modification plan prepared bya registered Civil Engineer orTraffic Engineershall be submitted to the Engineering Division for review and approval. The signal relocation and modification shall be completed in conjunction with adjacent street,improvements. 15D. A golf cart bridge across Crossley Road, if proposed, shall be subject to review and approval of development and construction drawings by the City Engineer. A minimum overall clearance of 17-feet shall be maintained within public right-of-way. An encroachment license for the golf cart bridge shall be approved by the City Council,and shall require the perpetual maintenance of the structure bythe developer,and shall require insurance coverage and indemnity protection for the City. The license shall be issued by the City prior to approval of plans for construction of the golf cart bridge. MESQUITE AVENUE 16. Construct the east and west halves of an 8 foot cross gutter and spandrel at the intersection of all driveways and Mesquite Avenue with a flow line parallel to the centerline of Mesquite Avenue in accordance with City of Palm Springs Standard Drawing No. 200 and 206, 17. The three (3) driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 205 and have minimum widths of 24 feet to accommodate a curb ramp. They shall be located no less than 400 feet from the Crossley Road intersection. The driveways are restricted to right turn only ingress and egress. ' 18. A. Deleted. B. Construct a 12 foot wide meandering combination sidewalk and bicycle path along the south side of the Mesquite Avenue frontage west of Crossley Road,and along the north and south sides of the Mesquite Avenue frontage from Crossley Road to the Dinah Shore bridge. The construction shall be of colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Department. The concrete shall receive a broom finish. OR Construct an 8 foot wide Class I meandering bicycle path (Caltrans Design Manual, Chapter 1000 - Bikeway Planning and Design) along the south side of the Mesquite Avenue frontage west of Crossley Road, and along the north and south sides of the Mesquite Avenue frontage from Crossley Road to the Dinah Shore bridge. The bicycle path shall be constructed of colored Portland cement concrete. The admixture shall be Desert Sand, Palm Springs Tan,or approved equal color by the Engineering Division. The concrete shall receive a broom finish. Between the curb and the meandering bicycle path,a separate 5 footwide meandering sidewalkshall be constructed of natural colored Portland cement concrete. OR ' Construct a Class II bicycle path (Caltrans Design Manual - Bikeway Planning and Design)along the south side of the Mesquite Avenue frontage west of Crossley Road, and along the north and south sides of the Mesquite Avenue frontage east of Crossley & -M2 Resolution 20763 Page 17 Road. The bicycle path shall be provided with appropriate signage and striping along ' Mesquite Avenue, as approved by the City Engineer. The final determination of specific bike path requirements and locations shall be made as part of the Final Planned Development review and approval by the Planning Commission. 18C. Dedicate an easement for sidewalk and/or bicycle path purposes along the entire Mesquite Avenue frontage(both sides)for those portions of the meandering sidewalk and/or bicycle path that encroach onto private property. 19. Construct a curb ramp meeting current California State Accessibility standards at both sides of the driveway approaches of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A, or 214. 20. Construct a 160-foot long by 12-foot wide bus turn out on the south side of the Mesquite Avenue frontage between parking lot driveway and west of the intersection with Crossley.The configuration shall be approved by the City Engineer in conjunction with SunLine Transit. Contact SunLine Transitfor details regarding bus stop fumiture/shelter requirements.Developer shall construct shelter inclusive of furniture and lighting. Obtain necessary right-of-way or easement. 21. Construct a 160-foot long by 12-foot wide bus turn out on the north side of the Mesquite Avenue frontage between parking lot driveway and east of the intersection with Crossley. The configuration shall be approved by the City Engineer in conjunction with SunLine Transit. ' Contact SunLine Transit for details regarding bus stop furniture/shelter requirements.Developer shall construct shelter inclusive of furniture and lighting. Obtain necessary right-of-way or easement. 22. All broken or off grade curb, gutter, and ac pavement shall be repaired or replaced. 23. A golf cart tunnel under Mesquite Avenue, if proposed,shall be subject to review and approval of development and construction drawings by the City Engineer. The ends of the tunnel and ramps leading down to the entrance shall be located outside of the public right-of-way. An encroachment license for the golf cart tunnel shall be approved by the City Council, and shall require the perpetual maintenance of the structure bythe developer,and shall require insurance coverage and indemnity protection for the City. The license shall be issued by the City prior to approval of plans for construction of the tunnel. RAMON ROAD AND LANDAU BOULEVARD 24. The traffic study did not analyze the 2.5 acre commercial property at the northeast corner of the project for specific development or site plan.The study shall be revised at such time as specific development details are proposed and developer shall comply with said study recommendations and conditions as approved by the City Engineer. 24A. Dedicate additional right-of-way as necessary to provide the ultimate half-width of 50-feet along the entire frontage. 24B. Remove the existing street improvements and construct new curb,gutter and sidewalk across ' the entire frontage east of the Ramon Road bridge; to match existing improvements � '0 ) Resolution 20763 Page 18 ' immediately adjacent to the subject property in Cathedral City. An appropriate taper from the end of the bridge to the new street improvements shall be constructed to the satisfaction of the City Engineer. 24C. Remove and replace existing pavement with a minimum pavement section of 5-inch asphalt concrete pavement over4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of the proposed gutter to a clean sawcut edge of pavement along the entire frontage in accordance with the City of Palm Springs Standard Drawing Nos. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer, using "R"values from the project site, and submitted to the City Engineer for approval. SANITARY SEWER 25. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at manholes. GRADING 26. 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. 27. Mass grading of the site will not be permitted unless the dust control plan can conclusively show that adequate resources exist for fugitive dust in accordance with City Ordinance and AQMD rules and regulations. 28, Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. 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. Grading plans shall be submitted to Riverside County Flood Control and Water Conservation District (RCFC) and Coachella Valley Water District (CVWD) for their review, approval, and permit (if permit is required)for those portions of the project within and/or draining to the Whitewater River Wash prior to issuance of a City of Palm Springs grading permit. Minimum submittal includes the following: A. Copy of signed Conditions of Approval from Planning Department. B. Copy of Site Plan stamped approved and signed by the Planning Department. C. Copy of Title Report prepared/updated within past 3 months. D. Copy of Soils Report. E. Copy of Hydrology Study/Report. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks,3-feet wide and 6-inches deep, to keep nuisance water from entering the public streets, roadways, or gutters. � �)x Page 19 30. Developer shall obtain a General Construction Activity Storm Water Permit from the State ' Water Resources Control Board (Phone No. (760) 346.7491) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.00,the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 32. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 33. Contact the Building Department to get information and guidelines regarding the preparation of the PM10(dust control)Plan requirements.Developer shall complywith City of Palm Springs Fugitive Dust Ordinance No. 1439 (Municipal Code, Chapter 8.50). 34. In cooperation with the Riverside County Agricultural) Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving 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). DRAINAGE 35. The developer shall submit a detailed hydraulic analysis of the development which shall be reviewed by RCFC and CVWD and approved by said agencies and the City Engineer prior to issuance of grading permits. The W hitewater River Channel is designed to handle the standard project flood flow of 85,000 cubic feet per second with one foot of freeboard below the top of the slope protection. This capacity shall not be reduced by the project. 36. Upon completion of the project,the developer shall obtain a post-construction aerial survey and detailed hydraulic analysis that shall be reviewed by CVWD to verify that the channel design capacity has not been reduced by construction of the project. 37. The Districts'(RCFC and CVWD)access rights to the channel for inspection and maintenance shall not be restricted. 38. The developer shall into an agreement (if applicable) with RCFC and CVWD that relieves RCFC and CVWD of any maintenance responsibility and liability associated with the golf course and the use thereof.Funds to cover administrative and plan review costs shall be deposited with RCFC prior to start of RCFC review. Page 20 39, No structures or trees are allowed within the channel right-of-way. 40. All necessary environmental clearances must be obtained and copies submitted to RCFC (if applicable) and the City Engineer, 41. The RCFC 'levee rights' are limited and necessary 'use rights' shall be obtained from the underlying property owners. 42. The developershall provide secondary freeland overflowtothe satisfaction of the City Engineer OR basin design shall include freeboard for an additional 50% of the proposed volume as a factor of safety. 43. The channel is designed to handle the standard project flood flows.The existing levee currently meets FEMA levee criteria which specifies 4 feet of freeboard at structures and 3 feet of freeboard anywhere else for the 100 year flows. This capacity shall not be reduced by the pnDject. All grading/drainage plans shall be reviewed and approved by RCFC to assure the integrity of the levee. See RCFC letter dated April 30, 2001, Project No, 6-0-0250 and CVWD letter dated Feb. 6, 2001, Project No. 0126.2 for specific conditions to be met. 44. 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. Inlets to the levee shall not be blocked/altered nor shall the design of the golf course in any way create a backwater through the inlets and on the land side of the levee. 45, Use of the property identified by APN 680-180-039 as part of this development shall only be allowed upon receipt of verification from the Bureau of Indian Affairs(BIA)that the City of Palm Springs'existing easement for roadway drainage purposes is not invalidated by the use of the property in ways other than for roadway drainage. If the City's rights to use the property are not invalidated, development of the property may occur, provided the grading plan which incorporates this properly accommodates the existing roadway drainage system for the Mid Valley Parkway, as required by the City Engineer. In the event the BIA cannot guarantee the City's continuing rights to use the property, the developer shall provide the City with an additional easement for drainage purposes to facilitate the existing Mid Valley Parkway drainage system. In the event verification from the BIA of the continuing rights of the City to use the drainage easement and an additional easement is not provided,the developer shall be restricted from using the property as part of the golf course and the site plan shall be revised accordingly. 46. Ensure project does not interfere with channel performance of the Whitewater River Wash as it relates to the levee and this proposed project. Final design shall be approved by RCFC. ' Flow velocities shall not be increased anywhere in the stream including within the golf course so that streambed is kept in equilibrium. Resolution 20763 Page 21 47. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities according to the approved Master Plan of Flood Control and Drainage. Validated costs incurred by the developer for design and construction of storm and/or drainage improvements adjacent to such development as shown in said Master Plan shall be credited toward the drainage fee otherwise due or in the event such cost exceeds the fee otherwise due, the City will enter into a reimbursement agreement with developer to reimburse him for such excess costs from drainage fees collected from other development.The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. This condition shall be complied with, to the satisfaction of the City Engineer, prior to filing any final map or issuance of the building permit subject to Indian Landowners' rights, if any. ON-SITE 48. 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. 49, The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. 50. The project shall connect to the 24 inch diameter reclaimed water pipeline for irrigation by constructing a reclaimed water transmission line,approved by Desert Water Agency,from the ' existing tertiary treatment plant to the project site. The project proponent shall be reimbursed for the unused capacity of the pipeline by future development in the area, that uses reclaimed water from the line, on a fair share basis. A Water Service Agreement and Recycled Water Service Agreement shall be entered into with Desert Water Agency addressing on the off- site facilities. GENERAL 51. 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. 52. 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 utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 53. Deleted. 54. 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 � Ia] Resolution 20763 Page 22 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. 55. The developer is advised to contact all utility purveyors for detailed requirements forthis project at the earliest possible date. 56. Nothing shall be constructed or planted in the corner cut-off area which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 57. 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 58. The Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom,and copies of record documents shall be submitted with the Parcel Map to the Engineering Department. 59. Deleted. 60. The Final Map(s)and Parcel Map(s)shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Departmentfor review.Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 61. 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 Ramon Road, Crossley Road, and Mesquite Avenue frontages of the subject property. 62. The developershall replace all damaged,destroyed,or modified pavement legends and striping that is required bythe City Engineer on the Crossley Road,Mesquite Avenue,and Ramon Road frontages prior to issuance of a Certificate of Occupancy. 63. Striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 64. The developer shall pay 50% of the cost of installation of a 2-phase traffic signal at Crossley Road and Sunny Dunes Road prior to opening of the golf course and occupation of the hotel or 250,000 square feet of commercial office or business park development. 65. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. Developer may propose custom street signage subject to approval by the City Engineer. (� Z) a Resolution 20763 Page 23 66. On-site signage shall encourage hotel traffic to use the: Mesquite Avenue access east of ' Crossley Load. 67. A 30 inch"STOP"sign and standard "STOP BAR"and "STOP LEGEND"-shall be installed at all project exits, as required by the City Engineer. 68. 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. 69. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permits. I UbUIUI.IVI1 LV/Od Page 24 ATTACHMENT#1 CITY OF PALM SPRINGS DEPARTMENT OF PLANNING AND ZONING MITIGATION MONITORING PROGRAM 1. Case No: Case No. 5.0870-GPA-PD-268 and TTM 31318 Project title: The Indian Oasis Resort 2. Lead agency name and address: City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 3. Contact person and phone number: Alex Meyerhoff, Principal Planner and Zoning Tel: (760) 323-8245 4. Project location: NE, SE, SW Corners of the intersection of Crossley Road and Mesquite Avenue (Mid Valley Parkway) 5. Project sponsor's name and address: Ernest G. Noia on behalf of Indian Land Owners Leonard Bow, Lawrence Bow, Sue Short, Art Diaz, Jr., and MidValley Center L.P. The following Mitigation Measures are adopted as Conditions of Approval. The City shall review all project plans for comprehension prior to the issuing of permits. Field monitoring shall be conducted by the appropriate City Departments. AESTHETICS MITIGATION: 1. The project's lighting shall meet the City's policy of directing the lighting onto the subject property and not spilling the light off the property. This shall be done at the time of final development plan review. AIR QUALITY MITIGATION: The following mitigation measures are recommended in the Air Quality and Noise Impact Study prepared by Endo Engineering to reduce the impacts to air quality resources to a level of insignificance: 1. Cut and fill quantities will be balanced on site. Balancing grading on site eliminates truck trips to either haul dirt in to or out of the site. 2. The proposed project will comply with the provisions of Chapter 8.50 of the Palm Springs Municipal Code that establishes minimum requirements for construction activities to reduce fugitive dust and PM-10 emissions. A plan to control fugitive dust through implementation of reasonable available dust control measures shall be prepared and submitted to the City for approval prior to the issuance of grading permits. The plan shall specify the fugitive dust measures to be employed. 3. The project proponent shall comply with all applicable SCAQMD Rules and Regulations including Rule 403, insuring the clean up on construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile or disturbed surface area beyond the property line of the emission sources. 5.0870 MMP 2003-REVISED 10-14-03 M)d 1 October 17,2003 KeSUIULIV11 cvioa Page 25 Particulate matter on public roadways is also prohibited. ' 4. Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the (project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day. Site watering may be required 24 hours per day and seven days per week. 5. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. 6. Any construction access roads (other than temporary access roads) shall be paved as soon as possible and cleaned after each workday. The maximum vehicle speed limit on unpaved roads shall be 15 mph. 7.Grading operations shall be suspended during the first and second stage ozone episodes or when winds exceed 25 mph, per the PM-10 SIP. 8. Any construction equipment using direct internal combustion engines shall use a diesel fuel with a maximum 0.05% sulfur and a four-degree retard. 9. Construction operations affecting off-site roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through-traffic banes. 10. The building construction shall comply with energy use guidelines in Title 24 of the California Administrative Code. 11. The use of energy efficient street lighting and parking lot lighting (low pressure sodium vapor lights) shall be considered on-site to reduce emissions at the power plant serving the site. 12. The project shall incorporate bikeways and trails in the site design that link to other regional bikeways and trails at the site boundaries. 13. The project shall comply with all applicable SCAQMD Rules and Regulations 14. Remove sand and repair any damages to surrounding properties caused by sand or wind erosion. 15. The project will reduce vehicle miles traveled and internalize trips by offering a mix of land uses on-site that are interactive. BIOLOGICAL RESOURCES MITIGATION: 1. Prior to issuance of grading or building permits for the project, the project applicant shall pay either the required Coachella Valley Fringe-toed Lizard Habitat Conservation Plan fee, provide replacement land, or consult with the USFWS, and/or Agua Caliente Tribe to develop alternative mitigation consistent with the Tribal Habitat Conservation Plan. The Tribal fee program ($800 per acre)would supplant the CVFTLHCP once approved by the USF&WS. 2. The project applicant shall utilize native plants as much as possible along undisturbed areas including the Whitewater River Wash (golf course turf exempt). Exotic and and adapted plant species shall be avoided as much as possible in planting areas. Other landscaped areas shall utilize drought tolerant desert varieties in the golf course and wherever practical. Applicant shall submit a landscape plan for approval by the project biologist and the City Planning and Zoning Department. 3. The project applicant shall ensure that all outdoor lighting is shaded and directed towards the ground so as not to impact nocturnal animals outside the project boundaries. 4A. Prior to any ground or habitat disturbing activities, pre-construction surveys shall be completed by the Project Proponent to determine the presence of Burrowing Owls. Surveys 5.0870 MMP 2003-REVISED 10-14-03.wpd 2 October 17,2003 ,1V ....V.. LVIVI Page 26 and relocation, if necessary, shall be conducted between September 1 and January 1, in accordance with the CDFG staff report on Burrowing Owl Mitigation (1995) or other current protocol as directed by the Tribe. 4B. If present, owls shall be excluded from burrows in the Development envelope and within an appropriate buffer zone by installing one-way doors in burrow entrances or other techniques as deemed appropriate. The Biological Monitor shall ensure through appropriate means (e.g., monitoring for owl use, or excavating burrows) that the burrows to be impacted are not being used. The Tribe shall determine whether creation of artificial burrows is necessary as part of the relocation effort. 4C. If present, occupied burrows shall not be disturbed during the nesting season, unless a qualified biologist verifies through non-invasive methods that either; (a) the birds have not begun egg-laying and incubation: or (b) that juveniles from occupied burrows are foraging independently and capable of independent survival. CULTURAL RESOURCES MITIGATION: 1. Due to the proximity of Tribal lands and Tribal interest in such properties and resources, a Cultural Resources Monitor, designated by the Agua Caliente Cultural Resource Office, shall be present during all ground-disturbing activities. 2. Should buried deposits be encountered, the Cultural Resources Monitor shall have the authority to halt construction and notify a Qualified Archaeologist (Secretary of the Interior's Standards and Guidelines) to prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource coordinator for approval and any repatriation of cultural materials be done in cooperation with the Agua Caliente Band of Cahuilla Rndians. 3. In accordance with Public Resources Code 5097.94, if human remains are found, the Riverside County Coroner must be notified within 24 hours of the discovery. If the coroner determines that the remains are not recent, the coroner will notify the Native American Heritage Commission in Sacramento to determine the most likely descendent for the area. The designated Native American representative then determines in consultation with the property owner the disposition of the human remains. GEOLOGIC MITIGATION: 1. Habitable structures shall be designed by qualified professionals aware of the site's seismic characteristics. Building design, including grading and pad preparation shall incorporate all building codes and standards adopted by the city, as well as any additional requirements recommended by a qualified professional prior to the issuance of building permits. 2. Lake designs shall be reviewed by a qualified professional to insure that the design including the relationship between lakes and buildings in proximity takes into account the potential disruption/avulsion caused during a major seismic event. Design parameters considered shall include pad elevation differential, setbacks, lake slopes and other aspects as determined by the qualified professional. 5.0870 MMP 2003-REVISED 10-14-03,wpd 3 October 17,2003 Resolution 20763 Page 27 HYDROLOGY AND WATER MITIGATION: ' t. The final capacity(size and depth) of the on-site retention :shall be approved by the City Engineer prior to the issuance of a grading permit based on a hydrology study prepared by a qualified professional. 2. Drainage acreage fees shall be paid upon issuance of a building permit. To the extent that the developer installs regional improvements, the City shall provide a credit against the total fees due. 3. Retention areas shall be landscaped and maintained by the project. 4. If the existing retention basin located on the north side of(Mesquite Avenue near the Whitewater Wash is incorporated into the project design, the project shall include that volume of retention into the overall project hydrology analysis. 5. The Riverside County Flood Control and Water Conservation District recommends the following mitigation: a. The channel is designed to handle standard project flood flows. The existing levee currently meets FEMA criteria, which specifies four feet of freeboard at structures and three feet of freeboard anywhere else for the t 00-year storm. This capacity may not be reduced by the project, as FEMA could decertify the levee. It is recommended that a CLOMR (Conditional Letter of Map Revision) be obtained prior to grading and a LOMR(Letter of Map Revision)after project completion. b. A large amount of sediment is moved with aggradation and degradation. Although analysis of sediment transport is an art and science and numbers could be shown indicating no change for the worse, it is reasonable to require that flow velocities not be increased anywhere in the stream including within the golf course so that the streambed is kept in equilibrium. c. Inlets to the levee should not be blocked or altered nor should the design of the golf course in anyway create a backwater through the inlets and on the land side of the levee. d. No trees are allowed in the channel. e. A qualified engineer shall perform a detailed hydraulic analysis of the development, which will be reviewed by the District. f. Upon project completion, the developer shall obtain a post-construction aerial survey and detailed hydraulic analysis that shall be reviewed by the District to verify that the channel design capacity has not been compromised by construction of the project. g. The District's access rights to the channel for inspection and maintenance purposes may not be restricted. h. An agreement shall be entered into with the District that relieves the District of any maintenance responsibility and liability associated with the golf course and the use thereof. Funds to cover administrative and plan review costs must be deposited with the District prior to start of any District review. i. No structures of any type are allowed within the channel right-of-way(none are proposed). 6. The Coachella Valley Water District recommends the following mitigation: a. The channel is designed to handle the standard project flood flow of 85,000 c.f.s with one foot of freeboard above the top of the slope protection. This capacity may not be reduced by the project. b. A qualified engineer shall perform a detailed analysis of the development, which will be reviewed by the District's consultant, Bechtel, at the developer's cost. c. Upon project completion, the developer shall obtain a professional aerial survey and detailed hydraulic analysis that shall be reviewed by Bechtel to verify the channel design capacity has not been reduced by the construction of the project. 5.0870 MMP 2003-REVISED 10-14-03 wpd 4 October 17,2003 Page 28� d. The District's access right to the channel for inspection and maintenance purposes may not be restricted. e. A maintenance agreement shall be entered into that relieves the District of any maintenance responsibility and liability associated with the golf course. 7. The golf course operator shall implement a flood-warning program to ensure that all people and equipment are removed from the Whitewater River channel prior to flood events. 8. The project shall be required to use reclaimed water system for irrigation from the DWA tertiary treatment plan to the project site prior to opening of the golf course. (The actual delivery of the tertiary water is subject to implementation by the Desert Water Agency. The project proponent must commit to the agency for the use of the treated water and the Agency will implement the improvements on its own schedule). 9. For the life of the project and during landscaping design and installation, the project operators shall meet all of the requirements of the City's Water Efficient Landscape Ordinance. 10. Prior to occupancy permits, the applicant shall install water conserving fixtures and appliances and shall submit written evidence to the City's Building and Safety Department indicating that this has been done. 11. Prior to the issuance of grading permits, the project applicant shall have designed, and submitted to the City for approval, a proposed final drainage plan consistent with the City's Flood Prevention Ordinance and any other City flood control measures. 12. The project applicant and project operators shall implement the construction site Best Management Practices (BMPs), source control BMPs and treatment control BMPs as described below, prior to issuance of occupancy permits and for the life of the project. a. Construction site BMPs: Prior to the commencement of grading and construction, the applicant shall obtain coverage under the State Water Resources Control Board General Construction Activity Storm Water Permit. The applicant shall ensure that a Storm Water Pollution Prevention Plan (SWPPP) is prepared before construction begins, is implemented, and is maintained and shall be updated throughout the construction period. The SWPPP will identify potential pollutant sources on the site, show the location of management practices to be used to minimize erosion and sedimentation during construction, describe measures which eliminate pollution of storm runoff by any chemicals and materials used during the construction process. b. Source Control BMPs: Development operators shall develop and implement procedures for the use, storage and disposal of cleansers, chemicals, and materials which could potentially become pollutants. Implementation will include the training of staff. Pollution prevention plans shall include materials inventories, spill cleanup plans, maintenance of drainage facilities, irrigation management and careful and economical management of fertilizers, herbicides and pesticides in accordance with label instructions. On the golf course, irrigation water shall be monitored to 1) minimize the runoff of excessive irrigation, and 2) apply only as much water as needed by plants and to prevent salt buildup in the soil. c. Treatment Control BMPs: First flush storm runoff and nuisance flows shall be conveyed to water quality wetlands. The wetlands shall be maintained in attractive functioning condition by the golf course maintenance staff. 13. Any pesticide application shall be administered by a trained pest control operator under direct supervision of a QAL of QAC. 14. The QAL of QAC shall implement the following guidelines for the project site: a. Storage: Pesticides shall be stored in enclosed areas, on impermeable surfaces protected from rain. In case of rupture of storage containers, runoff shall be contained and any contaminated soils shall be properly disposed of in accordance with local , state and federal regulations. 5.0870 MMP 2003-REVISED 10-14-03.wpd 5 October 17,2003 �couwuv�� avrw Page 29 b. Mixing and Loading: Precautions shall be taken to avoid spillage. If it occurs, the area shall be cleaned up as soon as possible. Spray tanks and other containers shall be triple rinsed and the rinceate transferred into another vessel for use: on a target site. Rinsed containers shall be disposed of in accordance with local, state; and federal regulations. Check valves or air gaps shall be used on filling pipes to prevent back flow of contaminated water into water supplies. c. Applications: Pesticides shall be selected, whenever possible, which will have low solubility and degrade rapidly in the soil. Spray drift shall be avoided. Pesticide use shall be reduced by integrating chemical control with other methods of control and then only when an actual need for it has been identified. The frequency of pesticide application shall be reduced whenever possible. d. Disposal: Excess pesticides or pesticide mixtures shall be transported and disposed of at a Class 1 disposal site. It shall never be dumped onto the ground or into drains, sewers, etc. e. Irrigation Schedule: Excessive use of irrigation water after pesticide application and irrigation water runoff shall be avoided. f. Records: Records of the quantity and type of pesticides used shall be maintained on permanent file at the site. 15. If a well is drilled on site, it shall be sampled in the fall of each year and analyzed for organic chemicals in accordance with State of California Administrative Code Title 22-Drinking Water Regulations. Results of this testing shall be maintained in a permanent file at the site and be reported to the Desert Water Agency and the City of Palm Springs, in order that they may incorporate the sample results into their data base which can be accessed by written request to the agency or the city. 16. In order to reduce the potential volume of nitrogen leaching to the ground water because of fertilizer application, only slow-release formulations shall be used. Before any fertilizer applications commence, the nutrients already in the soil shall be analyzed. 17. The following BMPs shall be utilized for pesticide products on common and other general landscaping and turf areas: a. Applications shall be spot treatments and not broadcast applications. b. Pre-emergent products which are nearly insoluble such as Ronstar and Surflan shall be used for ground cover and shrub beds. c. Dacthal, an herbicide, shall not be used at the project because of its mobility in sandy soils and potential for leaching to.the underlying aquifer. d. Insecticide applications to turf areas shall primarily consist of Dursban, which is not readily transportable. At least two days shall be allowed after application of insecticides before irrigating the affected area. e. After treatment with 2,4-D; 2,4-DP; and dicamba for control of broadleaf weeds, the area shall not be irrigated for at least two days f. Only light, frequent irrigation shall follow Daconil, a funglicide, application to greens and tees in order to prevent leaching of this product below the root zone. g. Applications of pest management products shall be recommended by a licensed Pest Control Advisor(PCA), and applied by or under the direct supervision of a QAL. 18. The following BMPs shall be employed at the site for fertilizer products: a. The use of slow release nitrogen sources such as Milorganite and urea-formaldehyde shall be a priority, while the fast release sources shall be avoided as much as practical. b. Application rates greater than 0,25 pounds of actual nitrogen per 1000 square feet (10.9 Ibs/ac), using fast release sources of nitrogen shall be avoided. c. Soil tests shall be conducted three times per year on greens and tees and once or twice per year on other turn areas to determine nitrogen requirements. 19. Prior to the issuance of precise grading or building permits, whichever comes first, the 5.0870 MMP 2003-REVISED 10-14-03.wpd 6 October 17,2003 GJVVI�V�� LVlwl Page 30 ' applicant shall submit and obtain approval from the City Engineer and Building Offices of a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs)that will be used on-site to control predicable pollutant runoff. This WQMP shall identify, at a minimum, the routine structural and non-structural measures to be implemented as part of the project. The WQMP shall detail implementation of BMPs whenever they are applicable to a project, specify the long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessee, etc.)And shall reference the locations of structural BMPs. 20. Prior to the issuance of any grading permits, the applicant shall submit evidence to the City Engineer that the applicant has obtained coverage under the NPDES statewide General Construction Activity Stormwater Permit from the State Water Resources Control Board. LAND USE MITIGATION: 1. The developer shall sign a Non-suit covenant in a form approved by the City Attorney that includes all of the property and future uses/owners. 2. The hotel, timeshare and residential units shall be constructed in such a manner as to meet the required 45 dB CNEL interior noise levels. 3. An acoustical study shall be submitted at the time building permits are applied for that demonstrates that the units are designed in a manner to achieve the required 45 dB CNEL. limits for interior spaces. 4. The CCRs for the project shall acknowledge the presence of the Palm Springs International Airport and the potential for aircraft operations and noise as well as the ' Non-suit Covenant and Avigation Easement over the property. 5. Any sale of potential residential properties shall disclose the presence of the Airport and the Non-suit Covenant and Avigation Easement requirement. 6. The Model AN@ Noise Impact and Non-suit Covenant Combining Zoning Ordinance, including Exhibit #2G (1993 Aircraft Noise Exposure) of the F.A.R Part 150 Noise Compatibility Study, shall be adopted as part of the Planned Development District approval and apply only to this project. 7. Construction activities on-site should take place only during the hours between 7:00 a.m. and 8:00 p.m. as specified by the City Noise Ordinance. The construction Site Regulations (Chapter 8.04.200) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity of quality that it disturbs the peace and quiet of any person of normal sensitivity. 8. All construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers. 9. Stationary equipment should be placed such that emitted noise is directed away from sensitive receptors. 10. Stockpiling and vehicle staging should be located as far as practical from noise sensitive receptors located south of the project site. 11. Every effort should be made during construction activities to create the greatest distance between noise sources and noise sensitive receptors located south of the project site. 12. Future on-site development shall comply with all relevant noise policies set forth in the Noise Element of the General Plan and Noise Ordinance. ' 13. Any noise sensitive land uses proposed on-site shall be carefully designed and evaluated by a qualified noise consultant at more detailed levels of planning to ensure noise standard of 65 CNEL in outside living areas and State Noise Insulation Standard 5.0870 MMP 2003-REVISED 10-14-03.wpd 7 October 17,2003 Page 31 of 45 dBA in interior living areas. ' NOISE MITIGATION: 1. The developer shall sign a Non-suit covenant in a form approved by the City Attorney that includes all of the property and future uses/owners. 2. The hotel, timeshare and residential units shall be constructed in such a manner as to meet the required 45 dB CNEL interior noise levels. 3. An acoustical study shall be submitted at the time buildling permits are applied for that demonstrates that the units are designed in a manner to achieve the required 45 dB CNEL limits for interior spaces. 4. The CCRs for the project shall acknowledge the presence of the Palm Springs International Airport and the potential for aircraft operations and noise as well as the Non-suit Covenant and Avigation Easement over the property. 5. Any sale of potential residential properties shall disclose the presence of the Airport and the Non-suit Covenant and Avigation Easement requirement. 6. The Model AN@ Noise Impact and Non-suit Covenant Combining Zoning Ordinance, including Exhibit #2G (1993 Aircraft Noise Exposure) of the F.A.R Part 150 Noise Compatibility Study, shall be adopted as part of the Planned Development District approval and apply only to this project. 7. Construction activities on-site should take place only during the hours between 7:00 a.m. and 8:00 p.m. as specified by the City Noise Ordinance. The construction Site Regulations (Chapter 8.04.200) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity of quality that it disturbs the peace and quiet of any person of normal sensitivity. 8. All construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers. 9. Stationary equipment should be placed such that emitted noise is directed away from sensitive receptors. 10. Stockpiling and vehicle staging should be located as far as practical from noise sensitive receptors located south of the project site. 11. Every effort should be made during construction activities to create the greatest distance between noise sources and noise sensitive receptors located south of the project site. 12. Future on-site development shall comply with all relevant noise policies set forth in the Noise Element of the General Plan and Noise Ordinance. 13. Any noise sensitive land uses proposed on-site shall be carefully designed and evaluated by a qualified noise consultant at more detailed levels of planning to ensure noise standard of 65 CNEL in outside living areas and State Noise Insulation Standard of 45 dBA in interior living areas. 5.0870 MMP 2003-REVISED 10-14-03.wpd 8 October 17,2003 Page 32v ­-_ ' PUBLIC SERVICES STANDARD CONDITIONS: 1. Any proposed residential units shall pay the required park fees set forth in the City=s Quimby Ordinance. 2. The portion of the project proposed for potential conversion to residential use shall pay school fees at the residential rate. The remaining development shall pay at the commercial rate. 3. The Fire Department shall review proposed buildings, including high rise structures, and set forth compliance with Uniform Building Codes and Uniform Fire Codes for high rise buildings. TRANSPORTATION/TRAFFIC MITIGATION: 1. The design of the final layout and site driveways shall be subject to the review and approval of the City traffic engineer during the development review process to insure compliance with City access and design standards. 2. The project proponent shall dedicate appropriate rights-of-way to accommodate the ultimate improvement of master planned roadways an or adjacent to the project site. 3 Master planned roadways shall be improved to City design standards on or adjacent to the site, as required by the City. 4. The project proponent shall contribute on a fair-share basis to circulation ' improvements required on roadways and/or at intersections that are not in the TUMF program including: the addition of a northbound right-turn lane on Crossley Road at Ramon Road. 5. The westbound left-turn pocket shall be modified on Ramon Road @ Landau Boulevard to provide adequate storage space to accommodate peak hour site traffic if the project takes access from the south leg of the intersection of Ramon Road and Landau Boulevard. 6. The project proponent will comply with City requirements regarding the master planned bikeways adjacent to the site along Ramon Road, Crossley Road and Mesquite Avenue. 7. The site access points shall include the approach access as shown on Figures 3-8 of the Endo Engineering Traffic Analysis. 8.The two site driveways on Mesquite Avenue shall be restricted to right-turn only ingress and egress. 9. On-site signage shall encourage exiting hotel guests to utilize Mesquite Avenue access located east of Crossley Road. 10. A stop sign will control exiting site traffic and clear unobstructed sight distances shall be provided at all unsignalized site driveways. 11. The project proponent will coordinate with Sunline Transit Authority regarding the need for on-site public transit facilities. 12. A traffic signal shall be installed when warranted in conjunction with site development at the intersection of Sunny Dunes and Crossley Road, 13. Adequate off-street parking shall be provided on-site to meet requirements of the Zoning Code. 5.0870 MMP 2003-REVISED 10-14-03.wpd 9 October 17,2003 Page 33V �� 14. The project proponent shall contribute on a fair-share basis to circulation ' improvements required on roadways and/or intersections that are not in the TUMF program. These are set forth in the Traffic Study prepared by Endo Engineering and made part of this EA. 15. An update to the fair-share portion of the traffic analysis shall be completed prior to final PDD approval. UTILITIES AND INFRASTRUCTURE MITIGATION: 1)The project shall use tertiary treated water for the golf course. The use of tertiary treated water shall also be explored for other large landscaped areas in the project. 5A70 MMP 2003-REVISED 10-14-03.wpd 10 October 17,2003 Resolution 20763 Page 34 ' EXHIBIT B PLANNED DEVELOPMENT DISTRICT 5.0870-GPA-PD-268 TENTATIVE TRACT MAP 31318 INDIAN OASIS RESORT OCTOBER 15, 2003 CONDITIONS OF APPROVAL PLANNING 1. The Conditions of approval dated July 5,2001 shall be incorporated,except as modified herein. 2. Review and approval of a portion of the golf course by the City of Cathedral City, or other form of release by the City of Cathedral City, is required prior to approval of grading permits for the golf course. ENGINEERING: For conditions specific to Tentative Tract Map 31318, see the following. GENERAL_ 1. The conditions of approval for PD268, as amended, shall be incorporated herein and required by reference, and shall be applied to Tentative Tract Map 31318 as they may relate adjacent to or within that portion of the PD Boundary. MAP 2. In accordance with Government Code Section 66411.1, the Tentative Tract Map is a subdivision of five or more lots, and is subject to construction of all required public improvements. Prior to approval of each Final Map, all required public improvements associated with each Final Map shall be completed to the satisfaction of the City Engineer, or shall be secured by a construction agreement in accordance with Government Code Section 66462. 3. The Tentative Tract Map proposes new lots without approved legal access to public streets. The Tentative Map shall be revised, and the Final Map shall dedicate access easements to all internal 'land-locked" lots to the satisfaction of the City Engineer, TEWATFVr= 1h 40l_S_4? t IL A rr Orb * F1 �T: 0 JUN 10 2003 PLANNING ntipinm