Loading...
HomeMy WebLinkAbout20907 - RESOLUTIONS - 4/21/2004 RESOLUTION NO. 20907 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, ' CALIFORNIA, APPROVING OF PLANNED DEVELOPMENT DISTRICT 286 AND TENTATIVE TRACT MAP 31514 FOR THE CONSTRUCTION OF 62 DETACHED SINGLE-FAMILY RESIDENCES LOCATED AT 3255 EAST PALM CANYON DRIVE, ZONE RGA-6 AND R-1-13, SECTION 25. WHEREAS, Sanderson-J. Ray Development-Palapas (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 62 single-family residences located at 3255 East Palm Canyon Drive, Zone RGA-6 and R-1-13, Section 25; and WHEREAS, the Applicant has filed Tentative Tract Map 31514 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 Planning Commission of the City of Palm Springs to consider Tentative Tract Map 31514 and Planned Development District 286, was given in accordance with applicable law; and WHEREAS, on March 24, 2004, a public hearing on the application for Tentative Tract Map , 31514 and Planned Development District 286 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 31514 and Planned Development District 286, was given in accordance with applicable law; and WHEREAS, on April 21, 2004, a public hearing on the application for Tentative Tract Map 31514 and Planned Development District 286 was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed subdivision, Tentative Tract Map 31514, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; and WHEREAS, the proposed subdivision, Tentative Tract Map 31514, 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 Resolution 20907 Page 2 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 for the project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that the current environmental assessment for Tentative Tract Map 31514 and Planned Development District 286 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 finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore 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 L6 and L4, low density residential. The General Plan would allow 67 dwelling units on the project site. The applicant is proposing 62 units and therefore, is 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 Tentative Tract Map 31514. Code relief to the maximum allowable height of 18' in an R-1-13 zone and 24' height for a second story that does not include more than 50% of the enclosed floor area in an RGA- 6 zone to 24' on the interior lots of the project, lots adjacent to the wash or on lots adjacent to existing two-story construction; distance between structures from 17 % and 15' to 10'; and front setbacks from 25' to 12; side setbacks from 10' for an interior lot and 20' for a corner lot to 5' for an interior lot and 5' for a corner; and rear setbacks from 15; and 20' to 12'. Relief to these codes have been determined to be compatible with overall goals and policies of the General Plan in order to provide quality architecture, open space and distinctive landscape elements. Therefore it is concluded that the relief Resolution 20907 Page 3 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 sixty-two (62) two to three bedroom units on 13.11 acres of land. The proposed development is under the maximum allowable density of 67 units, as permitted under the General Plan and Zoning Code. The subject property is surrounded with a mix of single-family and multi-family residential uses and acts as a transition area from a more dense development style to the north to single-family residences developed to single-family residential standards of development. 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. The applicant will be required to construct on and off-site improvements including a 5 foot wide sidewalk on Araby Drive, interior private streets 32 feet in width, undergrounding of all utility lines, an 8 foot wide bikeway/pedestrian path in the public right-of-way adjacent to the subject site on East Palm Canyon Drive and other sundry landscape design features within the public right of way for the use of the public at large. Therefore the design and the type of improvements proposed will not conflict with easements acquired by the public at large but improve upon them. Resolution 20907 Page 4 ' Section 4: Pursuant to Zoning Ordinance Section 94.03.00, 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 RGA-6 and R-1-13 zones, single- 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 sixty-two lot subdivision and tentative tract map of 13.11 acres to provide for the construction of 62 single-family detached residences twenty-eight (28) single-story units and thirty-four (34) two-story units. The single-story units shall be located on Lots 8-19, 27 - 30 and 46-57. The project site was previously developed and will require the demolition of a landscape nursery, artist studios and retail spaces, paved parking lot and various out-buildings associated with the prior commercial development. The project is not gated and includes wall placement in an irregular pattern around the perimeter of the project. Vehicular access will be provided at one entryway on Araby Drive. ' This single-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 13.11 acres and is of adequate size to accommodate said use. Pursuant to the development standards for the RGA-6 and R-1-13, garden apartment and cluster residential and single-family 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 neighborhood. Density standards for numbers of dwelling units proposed is below those permitted by the zoning designation. The Araby street facade is softened with an irregular wall design and landscape design. The intent of the project is to blend with the adjacent neighborhood. This Planned Development District intends to maintain good zoning practices while including certain desirable departures from the strict provisions of the RGA-6 and R-1-13 zoning classifications. 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. Resolution 20907 Page 5 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 approve Tentative Tract Map 31514 and Planned Development District 286, 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 21st day of April, 2004. AYES: Members Foat, Mills, McCulloch, Pougnet, and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: Resolution 20907 dcy 6&q ,J t Page 6 0 ' EXHIBITA CASE 5.0972-PD-286 .9z;oi +vE• 5`rrn'ts�r G�J PRELIMINARY PLANNED DEVELOPMENT DISTRICT ('PD,#29%f Cr _ 'rr<N_,,, TENTATIVE TRACT MAP 31514 "f," 4,'—.., 3255 EAST PALM CANYON DRIVE SANDERSON-J. RAY DEVELOPMENT-PALAPAS CONDITIONS OF APPROVAL April 21, 2004 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 286 and TTM 31514. 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 betwe6n 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 Resolution 20907 Page 7 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. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to ' acquire and fully improve parkland. Environmental Assessment: 6. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlines as part of the negative declaration-will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: Air quality: a. The applicant shall comply with Section 8.50 of the Palm Springs Municipal Code, Fugitive Dust and Erosion Control (PM-10) and prepare and submit a Dust Control (PM-10) Plan to the Building Department for review and approval. Said Plan shall be prepared by a person holding a current valid Certificate of Completion signifying completion of the AQMD Coachella Valley Fugitive Dust Control Class. Said Plan shall conform to fugitive dust emissions reduction criteria promulgated by the South Coast Air Quality Management District (SCAQMD) and implement reasonable available control measures. Cultural Resources: a. In commemoration of the Neel family's role in the development of Palm Springs through numerous acts of volunteerism and landscape contributions towards the beautification of the boulevards of the City of Palm Springs, the instbllatbn of a commemorative plaque shall be incorporated in conjunction with the relocation of , mature existing trees onsite to create a landscape grove in a portion of the dedicated open space. This condition shall be specifically addressed in final Planned Development District approval and shall be approved by the Planning Commission. Resolution 20907 Page 8 ' b. A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing excavation, burial of utilities, planting of rooted plants, etc. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and the Agua Caliente Cultural Resource Coordinator for approval. Hazards and Hazardous Materials: a. Prior to issuance of grading permits, the project proponent shall submit a Phase I Environmental Assessment that complies with ASTM Standards E-1527-00, Standard Practice for Environmental Site Assessments, for review and approval by the City Engineer, Director of Building and Safety or duly authorized representatives. Said document shall be prepared by, or under the direction of, a licensed or registered professional appropriate to the endeavor and recognized as such by the State of California. Hydrology and Water Quality: a. Prepare a final Hydrology and Hydraulic study to determine the final design of on-site storm drain improvements necessary to collect and convey on-site storm water runoff to retention areas, in a manner acceptable to the City Engineer. Final Design: ' 7. 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. 8. 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 bAtilized. ' b. A photometric study shall be required for project entry. Resolution 20907 Page 9 Architecture and Landscaping: ' 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 fagade 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. Final landscape design adjacent to Araby Road shall be reviewed in association with the precise grading plan in order to eliminate the necessity for retention basins adjacent to project entry and adjacent to the public right-of-way. Alternative retention facilities shall be provided and pad elevations in this area shall not be altered. 15. The street address numbering/lettering shall not exceed eight inches in height. ' 16. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 17. All landscaping shall be completed before the issuance of a certificate of occupancy. 18. Minimum yard setbacks for the project shall be required as follows: Front: 12' on private street Side and Rear: 5'for an interior lot 5' for a corner lot Rear: 12' 19. Distance between buildings shall be a minimum of 10'. 20. Height of two-story units shall not exceed 24 feet. 21. The project shall provide a minimum of 50% open space. 22. An on-site tree and shrub survey shall be prepared, by a licensed arborist in order to determine the potential for transplanting and utilizing all trees and shrubs that exist of site in either on-site landscaped elements or the Araby Drive and East Palrh Catnyon Drive's streetscapes. ' 23. Wall design and materials shall be reviewed in conjunction with the Final Planned Development District approval by the City Design Review Committee. Resolution 20907 Page 10 ' 24. Written agreement shall be obtained between the project proponent and the property owners of the Friend Development multi-family housing project at Assessors Parcel Numbers 508-087-091, 510-060-001 through 510-060-025 addressing responsibility for the removal of a portion of the frontage road between East Palm Canyon Drive and the Villa Sol Apartment complex from the Villa Sol Apartment's eastern-most project entry to the northwestern corner of the proposed project site adjacent to East Palm Canyon Drive, incorporation of a landscaped open space within that area and the maintenance responsibility of the landscape element prior to the issuance of grading permits. 25. Codes, covenants and restrictions for the Homeowners Association shall include a clause indicating the project shall not be gated, nor have the ability to request gating at a later date. 26. The rear elevation of all structures on Lots 49 through 55 shall not exceed twelve (12)feet in height. The rooflines shall vary and increase toward the front of the structures and shall not exceed sixteen (16)feet in height on the aforementioned lots. 27. The structure proposed for Lot 51 shall be changed from a single-story B unit to a single- story C unit. 28. The structure proposed for Lot 52 shall be changed from a single-story C unit to a single- story B unit plan. ' 29. The structure proposed for Lot 53 will be changed from a single-story B unit plant to a single-story C unit plan. 30. The two-story units on Lots 8, 9, 10, 19, 27, 28, 29, 30, 46, 56 and 57 shall be modified to single-story 31. Residential Lots 8 - 19, 27—30, and 46—57 shall be limited to one-story units. 32. The City of Palm Springs Design Review Committee has the following conditions of approval: a. Solar control on the windows (especially those facing west) shall be provided. b. The Celadon green color(Abington Putty HC-99) shall be intensified. c. Architectural plans for the Final Planned Development District review shall require a higher level of detail. d. All landscape components of the project shall require Final Planned Development District review by the Design Review Committee. General: 33. 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. ' ' 32a. Modifications to exterior balconies including but not limited to conversion to interior space or screened shall be prohibited. This provision shall be included in the CC & R's. Resolution 20907 Page 11 34. 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 S1350. The amount of fees paid will be determined based on the established state formula for determining construction costs. 35. It is recommended that contractors avoid the use of Morongo Trail, Anza Trail and Barona Road for heavy vehicle construction traffic due to the existing conditions of those roadways and the potential degradation of those roadways. General/Grading: 36. 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. 37. 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. 38. 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. Miscellaneous: 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 '/a% 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. 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 � t 1. All residential structures shall include automatic sprinkler systems in accordance with ' approved State Fire Codes as the project is located outside of the five minute response time. Resolution 20907 Page 12 2. Additional conditions of approval associated with construction document's plan review will be forthcoming at the time of such review. 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. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Any improvements within adjacent off-site private property require written approval of the adjacent property owner(or lessee, in the event the property is subject to a master lease agreement). 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. ARABY DRIVE 4. Dedicate an additional property line - corner cut back right-of-way as necessary to facilitate construction of required access ramps along each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 105. 5. Construct a 6 inch curb and gutter, 20 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 6. Construct 25 feet radius curb returns, spandrels and a 6 feet wide cross-gutter at the intersection of Araby Drive and the Main Entry, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The Main Entry shall be located at the existing intersection of Araby Drive and Morongo Trail, as shown on the approved Tentative Tract Map. 7. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 8. Construct Type A curb ramps along each side of the Main Entry, in accordance with City of Palm Springs Standard Drawing No. 212. 0 k ' 9. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches a 95% relative compaction, or equal, from edge of proposed gutter to centerline Resolution 20907 Page 13 r along the entire frontage in accordance with City of Palm Springs Standard Drawing , No.'s 110 and 315. 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. SOUTH PALM CANYON DRIVE 10. Dedicate an easement for pedestrian and bikepath purposes across that portion of the northeast corner of the property as necessary to construct a bikepath from the west property line up to East Palm Canyon Drive as shown on the "Palm Canyon Drive Improvements Preliminary Layout," prepared by The Keith Companies, dated November 2003. 11. Construct an 8 inch curb and gutter, 38 feet southwest of centerline along the entire frontage in,accordance with City of Palm Springs Standard Drawing No. 200. 12. Construct a Type A-High dike in accordance with City of Palm Springs Standard Drawing No. 200, with integral yellow reflective pavement markers, object markers and delineators, as necessary to taper the travel way away from the curb and gutter to the west approach to the East Palm Canyon Drive at Palm Canyon Wash bridge. 13. Construct an 8 feet wide sidewalk connecting with a 12 feet wide combination sidewalk/bikepath adjacent to curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210, and as shown on the "Palm Canyon Drive Improvements Preliminary Layout," prepared by The Keith Companies, dated November 2003. . 14. Construct an 8 feet wide bikeway from the west property line extending up the embankment to East Palm Canyon Drive with a slope not exceeding 6 percent connecting with a 12 feet wide combination sidewalk/bikepath as shown on the "Palm Canyon Drive Improvements Preliminary Layout," prepared by The Keith Companies, dated November 2003. 15. Construct a minimum pavement section of 5 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 clean sawcut edge of pavement along the entire South Palm Canyon frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. 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. ON-SITE (PRIVATE) STREETS 16. Dedicate a public utility easement and an easement to the City of Palm Springs for service and emergency vehicles and personnel with right of ingress and egress over the private streets. 17. Construct a wedge curb, meeting City Engineer approval, 16 feet on both sides of ' centerline along all on-site (private) street frontages, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Resolution 20907 Page 14 Springs Standard Drawing No. 206. 18. Construct 6 feet wide cross-gutters at all intersections (where required)with a flow line parallel with and 18 feet from the centerline of the intersecting street, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 19. Modified street knuckles may be constructed at the westerly ends of Lot"C" and "D", and at the intersection of Lot "C" and "U, as shown on the approved Tentative Tract Map. 20. All on-site streets shall have a minimum centerline radius of 130 feet. 21. 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, throughout all on-site streets. 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. 22. Parking shall be restricted to one side of all on-site (private) streets. Provisions for restrictions of on-street parking along one side of the private streets shall be included in Codes, Covenants and Restrictions (CC&R's)for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. OFF-SITE (PRIVATE) STREET (ACCESS ROAD) 23. Remove the full-width street improvements (pavement, curb and gutter, and sidewalk)for the existing access road across the adjacent property(currently identified as Assessor's Parcel No. 510-080-019), from the westerly property line to a point just east of the last driveway into the easterly parking lot of the adjacent apartment complex. 24. Construct a 6-inch barrier curb in accordance with City of Palm Springs Standard Drawing No. 200, as necessary to appropriately end the frontage road, including installation of reflective object markers and traffic signage. 25. Construct a Type A curb ramp at the new end of the access road in accordance with City of Palm Springs Standard Drawing No. 212. 26. Construct an 8 feet wide concrete bikepath from the new end of the access road to connect with the bikeway to be constructed adjacent to the project site up to East Palm Canyon Drive as shown on the "Palm Canyon Drive Improvements Preliminary Layout," prepared by The Keith Companies, dated November 2003. 27. Install landscaping improvements within that portion of the access road to be removed with turf and trees, acceptable to the adjacent property owner (or lessee, in fhe event the property is subject to a master lease agreement), and as approved by the Director of ' Planning & Zoning. SANITARY SEWER Resolution 20907 Page 15 28. Connect all sanitary facilities to the City sewer system. The on-site private sewer system ' shall be connected to the City's public sewer system through a standard lateral connection, and not at a sewer manhole. 29, Construct an 8 inch sewer main within all on-site private streets and connect to the public sewer main along East Palm Canyon Drive. 30. All on-site sewer systems shall be privately maintained by a Homeowners Association. Provisions for maintenance of the on-site sewer system shall be included in Codes, Covenants and Restrictions (CC&R's) for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. 31. Submit sewer 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 sewer construction permits. GRADING 32. Submit a Rough Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Building Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust'Control Class. The applicant and/or its grading contractor shall provide the Building Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Building Department 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. The first submittal of the Grading Plan shall include the following information: Copy of signed Conditions of Approval from Planning Department; Copy of Site Plan stamped approved and signed by the Planning Department; Copy of current Title Report; Copy of Soils Report; and a copy of the associated Hydrology Study/Report. � 4 33. 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 ' gutters. Resolution 20907 Page 16 i 34. 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. 35. 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. 36. 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. 37. Contact the Building Department to get information regarding PM-10 (dust control) plan requirements. 38. 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 39. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system. On-site retention/detention or other facilities approved by the City Engineer shall be required to contain the incremental increase in runoff due to development of the property. Provide a hydrology study to determine required stormwater runoff mitigation measures for the proposed development. Final detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. The proposed retention basins along either side of the Main Entry on Araby Drive shall be deleted. All required retention basins shall be relocated to the interior of the development. 40. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 41. Construct required drainage improvements, including but not limited to catch basins, storm drain lines, and outlet structures, for drainage of on-site streets into retention basins, as described in a final Hydrology Report for Tentative Tract Map 31514 as Resolution 20907 Page '17 approved by the City Engineer. GENERAL 42. 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 Drawing No. 115. 43. All proposed utility lines shall be installed underground. 44. All existing utilities shall be shown on the improvement plans. The existing and proposed service laterals shall be shown from the main line to the property line. 45. 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. 46. In accordance with Chapter 8,04.401 of the City of Palm Springs Municipal Code, all existing overhead 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, adjacent to, and/or transecting the property, 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. Numerous overhead utilities exist on and around the project meeting the requirement to be installed underground. The developer shall submit a draft utility undergrounding plan and proof that arrangements with adjacent property owners affected by the utility undergrounding have been made prior to the issuance of a grading permit. All required utility undergrounding shall be completed prior to issuance of any certificate of occupancy within the development. 47. Nothing shall be constructed or planted in the public right-of-way or sight distance easement 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. 48. 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 49. 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 Resolution 20907 Page 18 ' 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. 50. Easements for flood control and drainage purposes shall be reserved across Lots "E", "F", 'V, and "L" to be used as retention and basins, limiting the use of these portions of the property for flood control and drainage purposes, and restricting any and all encroachments, construction or improvements therein. Provisions for maintenance of the flood control retention basins by a Homeowners Association shall be included in Codes, Covenants and Restrictions (CC&R's) for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. 51. Abandonment of various record easements across the property shall be performed in conjunction with or prior to approval of a final map. These easements, and all other record easements, shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the disposition of the various record easements, proposed individual lots encumbered by existing record easements are rendered unbuildable, until such time as these easements are removed of record and are not an encumbrance to the affected lots. TRAFFIC ' 52, Submit traffic striping plans prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a Certificate of Occupancy. 53. Install appropriate traffic signage at the intersection of East Palm Canyon Drive and Araby Drive noticing pedestrians and bicyclists that there is no outlet along the south side of East Palm Canyon Drive east of Araby Drive, and to use the existing signalized cross-walk at the intersection to access the sidewalk and bikepath route along the north side of East Palm Canyon Drive for destinations further east. 54. Street name signs shall be required at each on-site street intersection in accordance with City of Palm Springs Standard Drawing No.'s 620 through 625. 55. A 30 inch stop sign and standard stop bar and stop legend shall be installed for exiting vehicles in accordance with City of Palm Springs Standard Drawing No. 625 at Araby Drive and the Main Entry exit. 56. 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 as needed on Araby Drive and Palm Canyon Drive frontages of the subject property. 57. 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 Resolution 20907 Page 19 i issuance of a Certificate of Occupancy. ' 58. 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. 59. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Resolution 20907 Page 20 Opp A4M 5b�1 N ' Department of Planning and Zoning W+E � N Vicinity Map S �Py L T-R AE) < �SfFORN o — Proposed \ Site i ARABY CIR AN i CITY OF PALM SPRINGS CASE NO.: 5.0972 PD-286, TTM 31514 DESCRIPTION: Application py Ed Lohrbach on behalf of Sanderson-J. Ray Development APPLICANT: Ed Lohrbach on behalf of to construct 62 single-family residences, Sanderson-J. Ray Development. Located at 3255 East Palm Canyon Drive, Zone R-1-B and RGA-6, Section 25.