HomeMy WebLinkAbout20803 - RESOLUTIONS - 12/17/2003 ' RESOLUTION NO. 2080E
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ORDERING THE FILING OF A MITIGATED
NEGATIVE DECLARATION AND RECOMMENDING APPROVAL
OF PLANNED DEVELOPMENT DISTRICT PD-288, TENTATIVE
TRACT MAP TTM-31887 FOR THE CONSTRUCTION OF 38
CONDOMINIUM UNITS LOCATED AT 284 CAHUILLA ROAD,
ZONE R-2 AND R-3, SECTION 15.
WHEREAS,John Wessman(the"Applicant')has filed an application with the City pursuant to Palm
Springs Municipal Code Section 9.60 for a Tentative Tract Map to construct 38 condominium units
located at 284 Cahuilla Road, Zone R-2 and R-3, Section 15; and
WHEREAS, the Applicant has filed Tentative Tract Map 31887 with the City and has paid the
required filing fees; and
WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the
subdivision requirements of the Palm Springs Municipal Code, with the request for their review,
comments, and requirements; and
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider
TTM 31887, PDD 288 and review of the draft Mitigated Negative Declaration for Environmental
' Assessment, was given in accordance with applicable law; and
WHEREAS, on November 26, 2003, a public hearing on the application for Tentative Tract Map
31887, Planned Development District 288 and Mitigated Negative Declaration was approved bythe
Planning Commission in accordance with applicable law; and
WHEREAS, on December 17, 2003, a public hearing on the application for Tentative Tract Map
31887, Planned Development District 288 and Mitigated Negative Declaration was approved by the
City Council in accordance with applicable law,
WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the
effect of the proposed subdivision, Tentative Tract Map 30941, on the housing needs of the region
in which Palm Springs is situated and has balanced these needs against the public service needs
of its residents and available fiscal and environmental resources; the approval of the proposed
project represents the balance of these respective needs in a mannerwhich is most consistent with
the City's obligation pursuant to its police power to protect the public health, safety, and welfare;
and
WHEREAS, the proposed subdivision, Tentative Tract Map 31887, is considered a "project'
pursuant to the terms of the California Environmental Quality Act("CEQA"), and an Environmental
Assessment has been prepared for this project and has been distributed for public review and
comment in accordance with CEQA; and
' WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented
in connection with the meeting on the Project, including but not limited to the staff report, all
environmental data including the environmental assessment prepared forthe project and all written
and oral testimony presented. /
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THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: '
Section 1: Pursuant to CEQA, the City Council finds that the current environmental
assessment for TTM 31887 adequately addresses the general environmental
setting of the proposed Project, its significant environmental impacts, and the
mitigation measures related to each significant environmental effect for the
proposed project. The City Council further ffinds that with the incorporation of
proposed mitigation measures, potentially significant environmental impacts
resulting from this project will be reduced to a level of insignificance and therefore
recommends adoption of a Mitigated Negative: Declaration for the project.
Section 2: Pursuant to Government Code Section 66473.5 the City Council finds that the
proposed subdivision and the provisions for its design and improvement are
compatible with the objectives, polices, and general land uses and program
provided in the City's General Plan and any applicable specific plan.
Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City
Council finds that with the incorporation of those conditions attached in Exhibit A:
1. The proposed Tentative Map is consistent with applicable general and specific plans.
The proposed project is consistent with the General Plan. The General Plan designation
for the site is H43/30 and M15, high density residential and medium density residential,
respectively. The General Plan would allow 46 dwelling units on the project site. The ,
applicant is proposing 38 units and therefore, is well within the density parameters of the
General Plan.
2. The design of improvement of the proposed subdivision is consistent with the General Plan
and any applicable Specific Plan.
Pursuant to Government Code Section 66473.5 the City Council finds that the proposed
subdivision and the provisions for its design and improvement are compatible with the
objectives, polices,and general land uses and program provided in the City's General Plan.
All street, drainage, and utilities improvements are subject to the standards of the General
Plan and Conditions of Approval associated with TTM 31887.
Code relief to distance between buildings to be reduced from 15 feet to 10 feet minimum,
front yard setbacks from 25 feet to 12 feet minimum, height from 24 feet to 34 feet
maximum and parking space numbers from 114 to 79 minimum have been determined to
be compatible with overall goals and policies of the General Plan. Those include but are
not limited to Land Use Element residential land use objective 3.3d, "The provision of
residential land uses in and adjacent to the downtown area," and 3.3b, "Sound, healthful
and attractive residential areas based on the low-density space and occupancy standards
appropriate for Palm Springs and the open desert character of Palm Springs living."
Additionally, the General Plan specifically mentions the redevelopment opportunities
associated with the historic Downtown so that it may continue to be the attractive business,
financial, entertainment, cultural and fashion shopping "heart" of Palm Springs and the '
Coachella Valley. In support of that objective the General Plan continues in Section 3.17.12
to specifically mention the project area 'south of the Fashion Plaza' to continue
redevelopment to include high-quality residential, resort or hotel development at the
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' westerly terminus of Tahquitz Canyon Way. The proposed project location is within a block
of Tahquitz Canyon Way. Therefore it is concluded that the relief to certain code standards
will not be in conflict with the overall intent of the General Plan.
3. The site is physically suitable for the type and density of development contemplated by the
proposed subdivision.
The site is proposed for thirty-eight (38) two to four bedroom units on 2.7 acres of land.
The proposed development is well under the maximum allowable density of 46 units, as
permitted underthe General Plan and Zoning Code.There will be no incompatibility issues
as the subject property is surrounded by a single-family residential use to the south, a
church, single-family residential and multi-family residential use to the east, multi-family
residential uses to the north, and single-family and multi-family residential uses to the
west. The applicant proposes a medium density residential development that will be
compatible with the surrounding neighborhood.
4. The design of the proposed subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat.
All potential environmental impacts as a result of developing the subject property are fully
disclosed in the Environmental Assessment. The demolition of existing structures has
been determined not to have a significant impact to any historic structures. The
' incorporation of the mitigation measures as prescribed in the EA will ensure that any
potentially significant impacts will be reduced to a level of insignificance. Therefore, the
design of the proposed subdivision or the proposed improvements are not likely to cause
substantial environmental damage or substantially and unavoidably injure fish or wildlife
or their habitat.
5. The design of the subdivision or type of improvements is not likely to cause serious public
health problems.
The design of the subdivision and proposed improvements must follow the conditions of
approval including, but not limited to,the application of the Uniform Building Code Seismic
Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order
to ensure public health and safety.
6. The design of the subdivision or the type of improvements will not conflict with easements,
acquired by the public at large,for access through or use of, property within the proposed
subdivision.
Baristo Road to the south of the project site will maintain the current street width , curb and
gutter improvements. The applicant will be required to provide a five(5)foot wide adjacent
to curb sidewalk. Lugo Road to the west has an existing fifty(50)foot wide street section
with intermittent sidewalk improvements. City right-of-way maps indicate a prior sixteen
(16)foot right-of-way vacation on Lugo but documentation to support recordation of that
vacation is not available. The applicant will be required to obtain the vacation of sixteen
(16)feet of right-of-way on Lugo Road. The applicant will also be required to provide an
five(5)foot wide adjacent to curb sidewalk on Lugo Road. Cahuilla Road has an existing
forty-five(45)foot wide street section. The applicant will be required to obtain the vacation
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of five (5) feet of right-of-way of Cahuilla Road in order to construct bay parking. The '
vacation of Lugo and Cahiulla Road right-of-way is not in conflict with the General Plan.
The applicant will be required to provide bay parking and a five (5) foot wide decorative
paving walkway between the bay parking and the development. The City of Palm Springs
will request a five foot wide easement to accommodate the pedestrian walkway. The 24-
foot wide common drive aisles providing internal circulation for the project will be privately
maintained.
Section 4: 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 for the underlying R-2 and R-3 zones, multi-family
residential development is a permitted use.
b. The said use is necessary or desirable for the development of the community, and is in
harmony with the various elements or objectives of the General Plan, and is not
detrimental to the existing or future uses specifically permitted in the zone in which the
proposed use is to be located.
The proposed project consists of a one lot subdivision and tentative tract map of 2.7 acres
to provide for the construction of 38 condominium units, twelve (12) two-story triplex
buildings and one (1) single-story duplex building. The project will include a central '
recreational area of pool, spa and cabanas. The project site was previously developed
and will require the demolition of a church, a duplex, two single-family residences and a
paved parking lot. The project is not gated and includes wall placement in an irregular
pattern between units with multiple pedestrian access points. Vehicular access will
provided at two entryways, one from Lugo Road and one from Cahuilla Road.
This multi-family residential project is in harmony with the objectives of the General Plan,
is desirable for the development of the community and is not detrimental to the existing or
future uses specifically permitted in the zone for which it is proposed.
C. The site for the intended use is adequate in size and shape to accommodate said use,
including yards, setbacks, walls or fences, landscaping and other features required in
order to adjust said use to those existing or permitted future uses of land in the
neighborhood.
The project site is 2.7 acres and is of adequate size to accommodate said use. Pursuant
to the development standards for the R-2 and R-3, limited multi-family residential and
multiple-family residential and hotel zone standards, respectively, the proposed project
presents a more creative approach in the development of land and creates a harmonious
in-fill development in a single and multiple family historic neighborhood. Density standards
for numbers of dwelling units proposed is below those permitted by the zoning designation.
Surrounding streetfacades are staggered with multi-level structures,walls,courtyards and
pedestrian accessways. The intent of the project is to blend with the adjacent '
neighborhood rather than stand apart as a walled and gated island. This Planned
Development District intends to maintain good zoning practices while including certain
desirable departures from the strict provisions of the R-2 and R-3 zoning classifications.
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' Therefore, it is determined that the site for the intended use is adequate in size and shape
to accommodate said use.
d. The site for the proposed use relates to streets and highways properly designed and
improved to carry the type and quantity of traffic to be generated by the proposed use.
The proposed project will contribute to improvement of the existing street system that will
serve the site, and with said improvements, the public street system will be adequate to
carry the type and quantity of traffic to be generated by the proposed use.
e. The conditions to be imposed are deemed necessary to protect the public health, safety
and general welfare, 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.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council orders
filing of a Mitigated Negative Declaration and approves PD-288 and TTM 31887, subject to those
conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a
Certificate of Occupancy unless otherwise specified.
ADOPTED this 17th day of December2003.
AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk \ty Manager
Reviewed and Approved as to Form:
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EXHIBIT A '
CASE 5.0977-PD-288
PRELIMINARY PLANNED DEVELOPMENT DISTRICT (PD #288)
TENTATIVE TRACT MAP 31887
284 CAHUILLA ROAD
JOHN WESSMAN
CONDITIONS OF APPROVAL
December 17, 2003
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
Administrative:
la. The proposed development of the premises shall conform to all applicable regulations of
the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances
and resolutions which supplement the zoning district regulations.
1 b. 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 5.0977-PD 288 and TTM 31887. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding against the City of
Palm Springs and the applicant will either undertake defense of the matter and pay the
City's associated legal costs or will advance funds to pay for defense of the matter by the
City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such
claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon the matter
without the applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an adverse
judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein.
2. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parking
areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto private '
property, in a first class condition, free from waste and debris, and in accordance with all
applicable law, rules, ordinances and regulations of all federal, state, and local bodies and
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agencies having jurisdiction at the property owner's sole expense. This condition shall be
included in the recorded covenant agreement for the property if required by the City.
3. The appeal period for an Architectural Approval and Tentative Tract Map application is 15
calendar days form the date of project approval. Permits will not be issued until the appeal
period has concluded.
4. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building
for approval in a form to be approved by the City Attorney, to be recorded prior to
certificate of occupancy. 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 applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000,
for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to
the City Planning Department for administrative review purposes.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Section 66477 (Quimby Act), all residential development shall be required to contribute to
mitigate park and recreation impacts such that, prior to issuance of residential building
permits, a parkland fee or dedication shall be made. The parkland mitigation fee amount
shall be based upon the cost to acquire and fully improve parkland.
Final Desiqn:
6. If, within two (2) years after the date of approval by the City Council of the preliminary
development plan, the final development plan, as indicated in Section 94.03.00(1), has not
been approved by the Planning Commission, the procedures and actions which have
taken place up to that time shall be null and void and the Planned Development District
and Tentative Tract Map shall expire. Extensions of time may be allowed for good cause.
The final development plans shall be submitted in accordance with Section 94.03.00 of the
Zoning Ordinance. Final construction plans shall include site plans, building elevations,
floor plans, roof plans, fence and wall plans, entry plans, landscape plans, irrigation plans,
exterior lighting plans, sign program, site cross sections, property development standards,
street improvement plans and other such documents as required by the Planning
Commission. Final construction plans shall be submitted within two years of the Planning
Commission approval.
7. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor
Lighting Standards, shall be submitted for review and approval by the Director of Planning
& Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior
lighting on the building and in the landscaping 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.
a. If lights are proposed to be mounted on buildings, down-lights shall be utilized.
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b. A photometric study shall be required for all parking areas, driveways and entries.
C. Illumination levels in the parking area shall be an average of one-foot candle with a
ratio of average light to minimum light of four to one (4:1).
d. Bay parking shall have decorative bollard or alternative light fixtures.
8. Elevations for all sides of the carport structure and second story rooftop dining area roof
shall be submitted to the Department of Planning and Zoning for review by the City of
Palm Springs Design Review Committee to be included in Final Planned Development
District approval.
Architecture and Landscapinq:
9. Separate architectural approval and permits shall be required for all signs.
10. 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 Zoning for review and approval prior to the issuance of a building
permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements.
11. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm Springs
Engineering specifications. '
12. No exterior down spouts shall be permitted on any 1fagade on the proposed building(s)
which are visible from adjacent streets or residential land commercial areas.
13. The design, height, texture and color of fences and walls shall be submitted for review and
approval prior to issuance of building permits.
14. The street address numbering/lettering shall not exceed eight inches in height.
15. Details of pool fencing (materials and color) and equipment area shall be submitted with
final landscape plan.
16. All landscaping shall be completed before the issuance; of a certificate of occupancy.
17. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning
Ordinance shall be met. Details to be provided with final landscape plan.
18. The ground floor level bathroom proposed for Bungalow 2 shall require wheelchair
accessibility per Multi-family Disabled Access Regulations California Title 24— 1109A.2.1.
19. Minimum yard setbacks for the project shall be required as follows:
Front: 12' on Lugo Road
12' on Baristo Road ,
38' on Cahuilla Road
Side and Rear: 10' to adjacent single story
development
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20. Distance between buildings shall be a minimum of 10'.
21. Height of triplex units shall not exceed 34'. Height of duplex unit shall not exceed 20'.
Height of roof above second level outdoor dining area shall not exceed 22'.
General:
22. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan. CC&R's shall prohibit storage within and modification to outdoor
balconies.
23. Prior to the issuance of a building permit, the applicant shall pay developer fees to the
Palm Springs Unified School District pursuant to the requirements established in SB50.
The amount of fees paid will be determined based on the established state formula for
determining construction costs.
General/Grading:
24. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal
Code for specific requirements.
' 25. The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or landscaped.
26. Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide and 6"
deep. The irrigation system shall be 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.
General/Waste Disposal:
27. The applicant shall submit plans meeting City standards for a proposed trash enclosure or
a letter from the municipal waste disposal service indicating that individual unit pickup for
waste disposal is acceptable shall be submitted to the Department of Planning and Zoning
prior to the issuance of a building permit.
Parking:
28. Four handicapped accessible parking shall be provided adjacent to the recreation area.
Of those four, one shall be van accessible. Handicapped accessibility shall be indicated
on the site plan to include the location of handicapped parking spaces and the path of
travel to the entry ways.
29. Standard parking spaces shall be 17 feet deep by 9 feet wide. Handicap parking spaces
shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking
space; two handicap spaces can share a common walkway. One handicap space shall be
designated as "van accessible" and served by an 8 foot walkway on the right side.
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30. Handicapped spaces shall by appropriately marked per Section 93.06.00 ( C) (10). '
31. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings,
or other structures. Areas that are not part of the maneuvering area shall have curbs
placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining
driveways.
32. Parking stalls shall be delineated with a 4 by 6 inch double stripe or equivalent design —
hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous
6" barrier curb shall provide wheel stops.
33. Prior to the issuance of building permits, locations of all telephone and electrical boxes
must be indicated on the building plans and must be completely screened and located in
the interior of the building. Electrical transformers must be located toward the interior of
the project maintaining a sufficient distance from the frontage(s) of the project. Said
transformer(s) must be adequately and decoratively screened.
34. Pedestrian walkways provided two feet back from face of curb in front of the bay parking
adjacent to the 284 Cahuilla Road property shall be constructed of decorative pavers to
match interior drive aisles.
35. A one and one-half (1 '/2) foot wide landscape median shall separate the pedestrian
walkway that is located two (2) feet back from face of curb. Only low ground-cover plant
materials shall be required in this median. ,
36. A public access easement shall be dedicated to provide for public access to the pedestrian
walkway provided in front of the bay parking adjacent to the 284 Cahuilla Road property
where the sidewalk leaves the public right-of-way.
37. Bay parking adjacent to 284 Cahuilla Road property shall be constructed of
decorative/colored paving.
Miscellaneous:
38. 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 '/<% for residential projects with the first $100,000 of total
building permit valuation for individual single-family units exempt. Should the public art be
based on the project site, said location shall be reviewed and approved by the Director of
Planning and Zoning and the Public Arts Commission, and the property owner shall enter
into a recorded agreement to maintain the art work and protect the public rights of access
and viewing.
39. Prior to any ground disturbing activity, including clearing and grubbing, installation of
utilities, and/or any construction related excavation, an Archaeologist qualified according
to the Secretary of Interior's Standards and Guidelines, shall be employed to survey the '
area for the presence of cultural resources identifiable on the ground surface.
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' 40. Given that portions of the project area are within an alluvial formation, the possibility of
buried resources is increased. A Native American Monitor shall be present during all
ground-disturbing activities and that, should buried deposits be encountered, that the
Monitor have the authority to halt destructive construction and that the Monitor notify a
Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for
submission to the State Historic Preservation Officer and the Agua Caliente Band of
Cahuilla Indians.
41. One copy of any cultural resource documentation generated in connection with this
project, including reports of investigations, record search results and site records/updates
shall be forwarded to the Tribal Planning, Building and Engineering Department.
42. All mitigation measures as proposed by the Environmental Assessment Negative
Declaration for Case 5.0977 PD—288 shall apply and are hereby adopted as conditions of
approval. Monitoring shall occur during review of final plans, construction and operation of
the project.
POLICE DEPARTMENT
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT
' 1. Prior to any construction on—site, all appropriate permits must be secured.
FIRE
1. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors
shall receive their primary power from the building wiring, and shall be equipped with a
battery backup. (310.9.1.3 CBC) In new construction, detectors shall be arranged so that
operation of any smoke detector causes the alarm in all smoke detectors within the
swelling to sound. (2-2.2.1 NFPA 72)
2. Approved numbers or addresses shall be provided for all new and existing buildings in
such a position as to be plainly visible and legible from the street or road fronting the
property. (901.4.4 CFC)
3. Fire Flow: The estimated fire flow for this project is 1500 gallons per minute.
ENGINEERING
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
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STREETS '
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plans shall be approved by the City Engineer prior to
issuance of any grading or building permits.
& Abandonment of existing public rights-of-way are required to facilitate the proposed
development application. Abandonment of the westerly 5 feet of the public right-of-way
for Cahuilla Road and the easterly 16 feet of Lugo Road is proposed. The developer
shall be responsible for coordinating approval of the abandonment of the public rights-of-
way with all public utility agencies. Developer shall coordinate final relocation,
adjustment or abandonment of all utilities with the respective utility agencies; and shall
coordinate demolition of all existing improvements, reconstruction of affected
intersecting streets, as appropriate, with the Engineering Division.
CAHUILLA ROAD
4. Dedicate an easement for sidewalk purposes 8 feet wide along the back of the proposed
bay parking connecting to public right-of-way, as required by the City Engineer. '
5. Remove the existing driveway approaches and close with new roll curb and gutter and
sidewalk in accordance with applicable City Standards (as required).
6. Remove the existing curb, gutter and sidewalk (where; existing) and construct a roll curb
and gutter as approved by the City Engineer, with the back of the roll curb located 20
feet west of centerline, along the entire frontage excluding those portions required to
transition to existing and/or proposed curb and gutter.
7. Remove existing curb return, spandrel and cross-gutter and construct a 25 feet radius
curb return, spandrel and cross-gutter at the northwest corner of the intersection of
Cahuilla Road and Baristo Road in accordance with City of Palm Springs Standard
Drawing No. 200 and 206.
8. Construct a 24 feet wide driveway approach (Main Entry) in accordance with City of
Palm Springs Standard Drawing No. 205. The driveway approach shall use standard
curb and gutter and transition to roll curb and gutter located onsite and on Cahuilla
Road. The centerline of the driveway approach shall be located approximately 285 feet
north of the centerline of Baristo Road, as shown on the approved site plan.
9. Construct an 5 feet wide sidewalk two feet back from face of curb behind the proposed
bay parking in accordance with City of Palm Springs Standard Drawing No. 210.
Connections shall be made to existing or proposed sidewalk adjacent to the curb along
Cahuilla Road, as required by the City Engineer.
10, Construct a Type A curb ramp meeting current California State Accessibility standards at
the northwest corner of the intersection of Cahuilla Road and Baristo Road in
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accordance with City of Palm Springs Standard Drawing No. 212.
11. Construct a pedestrian curb ramp along either side of the Main Entry in line with the
required 8 feet wide sidewalk, as required to provide disabled access along the public
pedestrian walkway.
12. Construct a minimum pavement section of 2'/z inch asphalt concrete pavement over 4
inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction,
or equal, from edge of proposed roll curb and gutter to centerline along the entire
Cahuilla Road frontage in accordance with City of Palm Springs Standard Drawing No.
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.
BARISTO ROAD
13. Remove the existing sidewalk (where existing) and construct a 5 feet wide sidewalk
adjacent to curb along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210.
14. All broken or off grade street improvements shall be repaired or replaced.
' LUGO ROAD
15. Remove the existing driveway approaches and close with new curb, gutter and sidewalk
in accordance with applicable City Standards.
16. Construct a 6 inch curb and gutter 9 feet east of centerline along the entire frontage
(where not currently existing) and connecting with existing improvements adjacent to the
property in accordance with City of Palm Springs Standard Drawing No. 200.
17. Remove the existing curb return, spandrel and cross-gutter and construct a 25 feet
radius curb return, spandrel and cross-gutter at the northeast corner of the intersection
of Lugo Road and Baristo Road in accordance with City of Palm Springs Standard
Drawing No. 200 and 206.
18. Construct a 24 feet wide driveway approach (Main Entry) in accordance with City of
Palm Springs Standard Drawing No. 205. The driveway approach shall use standard
curb and gutter and transition to roll curb and gutter located onsite. The centerline of the
driveway approach shall be located approximately 285 feet north of the centerline of
Baristo Road, as shown on the approved site plan.
19. Construct a 5 feet wide sidewalk along the entire frontage (where not currently existing)
and connecting with existing improvements adjacent to the property in accordance with
City of Palm Springs Standard Drawing No. 210.
20. Construct a Type A curb ramp meeting current California State Accessibility standards at
the northeast corner of the intersection of Lugo Road and Baristo Road in accordance
with City of Palm Springs Standard Drawing No. 212.
21. Construct Type C curb ramps along either side of the Main Entry in line with the required
5 feet wide sidewalk, in accordance with City of Palm Springs Standard Drawing No.
214.
22. Construct a minimum pavement section of 2'/z inch asphalt concrete pavement over 4
inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction,
or equal, from edge of proposed gutter to centerline along the entire frontage (where
required) in accordance with City of Palm Springs Standard Drawing No. 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.
23. All broken or off grade street improvements shall be repaired or replaced.
SANITARY SEWER
24. All sanitary facilities shall be connected to the public sewer system. Laterals shall not be
connected at manholes.
25. Construct an on-site (private) sewer system to collect and convey sewage through a
maximum of one lateral connection each to the existing sewer mains located in Lugo '
Road and Baristo Road.
26. All on-site sewer systems shall be privately maintained by a Home Owners Association
(HOA). Provisions for maintenance of the on-site sewer system acceptable to the City
Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required
for this project.
GRADING
27. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or
qualified Architect to the Engineering Division for review and approval. A PM 10 (dust
control) Plan shall be submitted to and approved by the Building Department prior to
approval of the Precise Grading plan. The Precise Grading Plan shall be approved by
the City Engineer prior to issuance of any grading or building permits.
Minimum grading plan 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 current Title Report
D. Copy of Soils Report ,
28. Drainage swales 3 feet wide and 6 inches deep shall be provided adjacent to all curbs
and sidewalks to keep nuisance water from entering the public streets, roadways, or
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' gutters.
29. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued
from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is
required for the proposed development. A copy of the executed permit shall be provided
to the City Engineer prior to approval of a Grading Plan.
30. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash
bond of two thousand dollars ($2,000.00) per acre shall be posted with the City for
mitigation measures of erosion/blowsand relating to his property and development.
31. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the proposed
development. A copy of the soils report shall be submitted to the Building Department
and to the Engineering Division prior to approval of the Grading Plan.
32. Contact the Building Department to get information regarding the preparation of the
PM10 (dust control) plan requirements.
33. In cooperation with the Riverside County Agricultural Commissioner and the California
Department of Food and Agriculture Red Imported Fire Ant Project, applicants for
grading permits involving a grading plan and involving the export of soil will be required
' to present a clearance document from a Department of Food and Agriculture
representative in the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form
CA-1) prior to approval of the Grading Plan. The California Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208).
DRAINAGE
34. The developer may conduct stormwater runoff off-site to Baristo Road, an existing
master-planned storm drain channel. Provisions for the interception of nuisance water
from entering Baristo Road from the project site shall be provided through the use of a
minor storm drain system that collects and conveys nuisance water to landscape or
parkway areas adjacent to Baristo Road, and in only a stormwater runoff condition, pass
runoff directly to the street through parkway or under sidewalk drains.
35. The project is subject to flood control and drainage implementation fees. The acreage
drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees
shall be paid prior to issuance of a building permit. Credit for previous drainage fees
paid (if any) may be allowed upon evidence of prior payment to the City.
ON-SITE
' 36. Construct 22, 24 and 26 feet wide private streets as shown on the Tentative Tract Map
dated November 13, 2003, between concrete roll curbs with a minimum pavement
section of 2'/z inch asphalt concrete pavement over 4 inch aggregate base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal. As an alternative,
a pavement section consisting of interlocking pavers overlaid atop compacted subgrade
may be allowed, consistent with manufacturer's,recommendations for installation of
interlocking pavers used in street construction.
37. Parking shall be prohibited along all private streets.
GENERAL
38. Any utility trenches or other excavations within existing asphalt concrete pavement of
off-site streets required by the proposed development:shall be backfilled and repaired in
accordance with City of Palm Springs Standard Drawling No. 115.
39. All proposed utility lines shall be installed underground.
40. 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.
41. The original improvement plans prepared for the proposed development and approved
by the City Engineer shall be documented with record drawing "as-built" information and
returned to the Engineering Division prior to issuance of a certificate of occupancy. Any '
modifications or changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction.
42. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all
existing and proposed electrical lines of thirty-five thousand volts or less and overhead
service drop conductors, and all gas, telephone, television cable service, and similar
service wires or lines, which are on-site, abutting, and/or transecting, shall be installed
underground unless specific restrictions are shown in General Orders 95 and 128 of the
California Public Utilities Commission, and service requirements published by the
utilities.
The existing overhead utilities running north-south through the middle of the property
meet the requirement to be installed underground. The developer is advised to
investigate the nature of these utilities, the availability of undergrounding these utilities
with respect to adjacent and off-site properties, and to present its case for a waiver of
the Municipal Code requirement, if appropriate, to the Planning Commission and/or City
Council as part of its review and approval of this project.
If utility undergrounding is deferred in accordance with specific direction by the Planning
Commission and/or City Council, the record property owner shall enter into a covenant
agreeing to underground all of the existing overhead utilities required by the Municipal
Code in the future upon request of the City of Palm Springs City Engineer at such time
as deemed necessary. The covenant shall be executed and notarized by the property
owner and submitted to the City Engineer prior to issuance of a grading permit. A '
current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall
be provided to verify current property ownership.
' 43. Nothing shall be constructed or planted in the corner cut-off area or in the public right-of-
way 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.
44. 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 Standard Drawing No. 904.
MAP
45. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil
Engineer and submitted to the Engineering Division for review and approval. A Title
Report prepared for subdivision guarantee for the subject property, the traverse closures
for the existing parcel and all lots created therefrom, and copies of record documents
shall be submitted with the Final Map to the Engineering Division as part of the review of
the Map. The Final Map shall be approved by the City Council prior to issuance of
building permits.
46. In accordance with Section 66434 (g) of the Government Code, the portions of the
existing public rights-of-way for Lugo Road and Cahuilla Road may be abandoned upon
the filing of a Final Map identifying the abandonment of the easements granted to the
City of Palm Springs. Prior to approval of a Final Map, the developer shall coordinate
' with each public utility company and determine specific requirements as to the
abandonment and/or relocation of existing underground utilities that may exist within the
public rights-of-way to be abandoned. Prior to approval of a Final Map, the developer
shall provide to the City Engineer a letter of approval regarding the proposed
abandonments of portions of Lugo Road and Cahuilla Road rights-of-way from each
public utility agency.
47. In the event it is determined that a public utility or public agency requires the use of, now
or in the future, the subject portion of Cahuilla Road right-of-way proposed for
abandonment, a public utility easement shall be reserved on the Final Map along that
portion of the Cahuilla Road right-of-way to be abandoned (the easterly 5 feet of the
Final Map).
TRAFFIC
48. A minimum of 48 inches of sidewalk clearance shall be provided 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 ornamental/safety
light poles, conduit, pull boxes and all appurtenances located on all street frontages of
the subject property.
49. All damaged, destroyed, or modified pavement legends and striping associated with the
' proposed development shall be replaced as required by the City Engineer prior to
issuance of a Certificate of Occupancy.
50, Relocate the existing street name/stop sign at the northwest corner of Cahuilla Road and
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Baristo Road as required to facilitate the proposed improvements, in accordance with '
City of Palm Springs Standard Drawing No. 624.
51. A 24 inch stop sign, stop bar and legend shall be installed at each Main Entry, in
accordance with City of Palm Springs Standard Drawing Nos. 620-625.
52, Relocate all ornamental/safety street lights as directed by the City Engineer. The
developer shall coordinate with the Facilities Division as necessary to relocate existing
ornamental/safety street lights that are required to be relocated as a result of the
proposed development, and shall relocate and connect to existing electrical service
provided to the street lights.
53. This property is located within Lighting District No. 1. The developer shall agree to
cooperate with efforts of property owners within this District to replace, modify or
improve the existing lighting system within the District, including any increased
assessments required to facilitate the proposal (if any) brought forward to the City.
54. 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.
55. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid
prior to issuance of building permit.
1
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Resolution 20803
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CITY OF PALM SPRINGS
CASE NO.: 5,p]77 PD — 288 DESCRIPTION; A planned development and tentative map .
TTM 31887 proposal to build 12 tri-plex and one duplex condominium units on
APPLICANT: 2.7 acres and to amend.the General Plan Circulation Plan to remove
.
Wessm n Cahuilla Roads designation as a collector street from Ramon Road
to Tahquitz Canyon Way.
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