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HomeMy WebLinkAbout20920 - RESOLUTIONS - 5/5/2004 RESOLUTION NO. 20920 , OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA,APPROVING PLANNED DEVELOPMENT DISTRICT PD-290 AND TENTATIVE TRACT MAP TTM-31848, FOR THE PALM SPRINGS VILLAGE, CONSTRUCTION OF AN EIGHTEEN HOLE GOLF COURSE,CLUBHOUSE, 1,236 RESIDENCES ON 309 ACRES INCLUDING, 798 SINGLE FAMILY RESIDENTIAL UNITS AND 458 MULTI-FAMILY RESIDENCES,AND DEDICATION OF A 7.55 ACRE PARK SITE, LOCATED NORTH OF SAN RAFAEL ROAD, EAST OF INDIAN CANYON DRIVE, SOUTH OF THE WHITEWATER RIVER AND WEST OF SUNRISE WAY,ZONE R-1- C, SECTION 35. WHEREAS, Cathton Holdings, Inc, McComic Consolidated, and Transwest Housing (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to subdivide 309 acres into 782 parcels, including two multi-family parcels, and parcels for a 90 acre golf course, clubhouse and a golf maintenance facility and for development of 1,236 residences, located north of San Rafael Road, east of Indian Canyon Drive, south of the Whitewater River and west of Sunrise Way, on APN#669-330-016, 031, 035 and 036, Zone R-1-C, Section 35; and WHEREAS, the Applicant has filed Tentative Tract Map 31848 with the City and has paid the required filing fees; and ' WHEREAS,the Applicant has filed Planned Development District,Case No.5.0982-PD-290 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, on January 12, 2004, the Design Review Committee reviewed and recommended approval of said project; and WHEREAS, on February 6, 2004 and April 1, 20004, as part of the Office of Neighborhood Involvement and Public Participation(ONIPP), noticed community meetings were held to inform the community about the proposed project and to solicit public input; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider TTM 31848 and PDD 290, was given in accordance with applicable law; and WHEREAS, on April 7, 2004, a public hearing on the application forTentative Tract Map 31848 and Planned Development District 290 was held by the Planning Commission in accordance with applicable law; and R20920 Page 2 ' WHEREAS, the Planning Commission 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; and WHEREAS, on April 7, 2004, the Planning Commission voted to recommend that the City Council approve the application for Tentative Tract Map 31848 and Planned Development District 290, in accordance with applicable law; and WHEREAS, on April 21, 2004, a public hearing on the application for Tentative Tract Map 31848 and Planned Development District 290 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 31848, 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 preliminary planned development district, Case No 5.0982-PD- 290subdivision, and Tentative Tract Map 31848, are considered a"project"pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been ' prepared forthis project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS,the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the Project, including but not limited to the staff report, all environmental data including the environmental assessment prepared 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 TTM 31848 and PD 290,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 projectwill be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. Pursuant to CEQA, the City Council finds that a draft Initial Study and Mitigated Negative Declaration has been prepared and completed in compliance with CEQA, the State's CEQA Guidelines, and the City's CEQA Guidelines;the Initial Study and Mitigated Negative Declaration (MND) adequately addresses 4the general ' environmental setting of the proposed Project, its significant environmental impacts, R20920 Page 3 and mitigation measures related to each potentially significant environmental effect , for the proposed Project. The City Council therefore certifies the Initial Study as complete and files the Mitigated Negative Declaration and Environmental Assessment. The City Council has reviewed and analyzed the information contained in the Initial Study and Mitigated Negative Declaration and determined that the Initial Study prepared for the project adequately evaluated the potential environmental impacts of the project and concluded that although the project has the potential to have a significant effect on the environment,the project will not have a significant impact on the environment because the proposed mitigation measures which will be incorporated into the project as conditions of approval will reduce the project related environmental impacts to a level of less than significant. A spring biological study was conducted to affirm that Coachella Valley Milk Vetch is not present on the project site. The biologist has confirmed that Coachella Valley Milk Vetch, although it has been found elsewhere this year. This is the second year in which a biological study was conducted at this site and Coachella Valley Milk Vetch was not present. Based upon two consecutive spring plant surveys, Coachella Valley Milk Vetch has not been found on site. Surveys of other properties in the western Coachella Valley have demonstrated that Coachella Valley Milk Vetch was present and that conditions were conducive for spring plant growth. Again two consecutive spring plant surveys have not found any CVMV on site. ' The City Council has reviewed and analyzed information contained in the Mitigated Negative Declaration priorto taking action on the Planned Development District and the General Plan Amendments and certifies the Mitigated Negative Declaration as complete.The MND reflects the independent judgment of the City Council. The City Council finds that the mitigation measures identified in the Initial Study are necessary to reduce of avoid significant impact to a level of less than significant and incorporates the same herein by reference. By adoption of this resolution,the City Council certifies the Initial Study as complete and orders the filing of the Mitigated Negative Declaration, and Environmental Assessment for Case 5.0982-PD-290 and incorporates same herein by reference. 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: a. The proposed Tentative Map is consistent with applicable general and specific plans. Resolution 20920 Page 4 ' The proposed project is consistent with the General Plan. The General Plan designation for the site is CDL-6, controlled low density residential. The General Plan would allow a maximum of 1854 units on site if the units were part of an affordable housing program, or 1236 dwelling units on the project site as part of a market rate project. No element of affordable or subsidized housing is incorporated into this project.The applicant is proposing 1236 units and therefore, is within the density parameters of the General Plan b. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5, the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with TTM 31848. General Plan Policy 3.5.2 allows a height of 18' in an R-1-C zone with a maximum of 25' height. In addition,the applicant has requested relied from the strict provisions ofthe R-1-C; with front setbacks from 25'to 5', and; side setbacks from 10'for an interior lot to 5'for an interior lot; and rear setbacks from 15'to 10', for covered patios only. 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 to certain code standards will not be in conflict with the overall intent of the General Plan. C. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The site is proposed for 1,236 residences on 309 acres of land. The proposed development does not exceed maximum allowable density of 1,236 units, as permitted underthe 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 east to single-family residences developed to single-family residential standards of development to the south.The applicant proposes a small lot subdivision,with substantial golf course and clubhouse amenities, transferring density from the golf course and recreational amenities to the residential portions of the project, providing a mix of housing products, with overall low and medium density residential development that will be compatible with the surrounding neighborhood. d. 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 kB Resolution 20920 Page 5 impacts will be reduced to a level of insignificance. Therefore, the design of the proposed ' subdivision orthe proposed improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in orderto ensure public health and safety. f. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The applicant will be required to construct on and off-site improvements including Sunrise Parkway, Indian Canyon Drive, Sunrise Way and San Rafael street improvements, including sidewalks around the project perimeter, interior private streets 37 feet in width, under- grounding of all utility lines, an twelve (12) foot wide bikeway/pedestrian path in the public right-of-way adjacent to the subject site on Indian Canyon Drive, Sunrise Parkway and San Rafael Road and other landscape design features within the public right of wayforthe 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. The PS Village HOA will be required to maintain Sunrise Parkway, 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-1-C zone, 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 782-lot subdivision and tentative tract map of 309 acres to provide for the construction of 1,236 residences, with single-story units and a limited number of two-story units.The single-story units shall be located on around the perimeter of the project.The project site is unimproved and will require the improvement of public utilities, which presently connect to the site. The project includes bikeways along Indian Canyon Drive, San Rafael, and Sunrise Parkway, and an equestrian trail along the north side of project will be gated and includes walls and fences around the Sunrise Parkway The ro g Y p J ' to L. 5 Resolution 20920 Page 6 ' perimeter of the project. Vehicular access will provided at three entryways, two on Sunrise Parkway and the third on Avenida Caballeros. This residential project provides for a range of housing solutions, is in harmony with the objectives of the General Plan, is desirable for the development of the communityand 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 orfences, landscaping and otherfeatures required in order to adjust said use to those ebsting or permitted future uses of land in the neighborhood. The project site is 309 acres and is of adequate size to accommodate said use. Pursuant to the development standards for the R-1-C, 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 between existing single and multiple family neighborhoods. Density standards for numbers of dwelling units proposed does not exceed the maximum allowed by the General Plan and the underlying zoning designation. The Indian Canyon Drive street facade will be softened with an irregular wall design and landscape design.This Planned Development District intends to adhere to the General Plan goals, policies and objectives of the CDL-6 General Plan designation, while maintaining good zoning practices while including certain desirable ' departures from the strict provisions of the R-1-C zoning classifications. Therefore, it is determined that the site forthe 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. l� tob Resolution 20920 Page 7 NOW,THEREFORE, BE IT RESOLVED that, based upon the foregoing, City Council hereby orders ' filing of a Mitigated Negative Declaration, adopts the mitigation monitoring program, and approves TTM 31848 and PD-290, subject to those conditions set forth in the attached Exhibit B,which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 5th day of May , 2004. AYES: Members McCtjlloch, Mills, and Mayor Oden NOES: Members Foat and Pougnet ABSENT: None ABSTAIN:None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager �G, n�- Reviewed and Approved as to Form: 1� � 1 Resolution 20920 Page 8 ' EXHIBIT B Case No. 5.0982-GPA-PD-290, Tentative Tract Map 31848 Palm Springs Village, McComic Consolidated/TransWest Housing May 5, 2004 (Rev 5/20/04) CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning and Zoning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into, shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0982-PD-290, TTM 31848. 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. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, ' parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's Resolution 20920 Page 9 sole expense. The PS Village HOA shall be responsible for the maintenance of both sides of the Sunrise Parkway. This condition shall be included in the recorded ' covenant agreement for the property if required by the City, and shall be required in the CC&Rs. 4. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of$1,314.00 plus an administrative fee of$50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. 5. Prior to issuance of a grading permit, Fringe Toed Lizard Mitigation fees shall be submitted to CVAG. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single- family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and 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. 7. 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. Dedication of the 7.55-acre park site shall be made prior to issuance of the first grading permits. Environmental Assessment 8. The mitigation measures of the environmental assessment shall apply and shall be incorporated into the final plans, prior to issuance of permits. The applicant has submitted a signed statement agreeing to the mitigation measures. CC&R's 9. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require ' maintenance of all property in a good condition and in accordance with all ordinances. Resolution 20920 Page 10 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2500, for the review of the CC&R's by the City Attorney. A $250 filing fee, or other fee in effect at the time of submission of the CC&Rs, shall also be paid to the City Planning Department for administrative review purposes. 11. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, aircraft noise and the widening of Sunrise Parkway in the future. Said disclosure shall inform perspective buyers about traffic, an active recreation park-site and lighted playing fields, noise due to Sunrise Parkway, Indian Canyon Drive, San Rafael Drive and the Palm Springs International Airport, aircraft, and other activities which may occur in this area. a. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of the parcel. b. These disclosures shall also be incorporated into a covenant to be recorded on the title of each residential parcel. Cultural Resources 12. 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 the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. a. 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. b. Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, 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. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. C. Two copies 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 and one copy to the City Planning and Zoning Department prior to final inspection. Resolution 20920 Page 11 Final Design 13. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 14. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, landscape plans, irrigation plans, wall and fence plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 15. An exterior lighting plan for the clubhouse parking lot, 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. 16. Two story units shall be not be located within 200' of the on the project perimeter, with the exception that they may be on the second row of lots south of Sunrise Parkway. 17. Project property development standards: Single Family standards — Building Height: 18'—24' Front Setback: Residence 5' Side loaded garage 5' Front loaded garage 20' Side setback: 5' (with some zero lot line units) Rear setback: 15' Multi-Family Parcels "A" and "B" R-3 zone property development standards Exceptions: 45% open space required Building height: 25' ' 18. The Design Review Committee makes the following design recommendations: a. Provide a view fence to the golf course on Indian Avenue. Resolution 20920 Page 12 ' b. Meander walls on Indian Avenue and adjacent to all other public roadways. This shall be reviewed by the Design Review Committee as part of Final PD plans. C. Add trees to both sides of the sidewalks, where sidewalks meander, except where conflicts with underground utilities would result. d. Sidewalks and bikeways should be provided on both sides of Sunrise Parkway. e. Add additional trees to the median and landscape area at the Caballeros Road entry. f. Landscape shall be desert landscape, lush but efficient, with low watering requirements. Limit turf to active recreation areas only. Pull turf away from streets, sidewalks and bikeways where possible. g. Architecture must be high quality and well designed. The proposed project architecture is not approved. Restudy the architecture, provide a variety of architectural styles and products and consider the climate and location of the project. h. Include decorative paving, in all driveway areas in multi-family parcels, in order to meet the overall 65% minimum open space requirement, or otherwise demonstrate compliance with the minimum 65% requirement. Minimum open space of 45% is required for Parcels "A" and "B". 19. The lots which back to existing residences on Via San Dimas, shall be rede- signed and widened to match the existing lot widths of the subdivision located to the south. GENERAL CONDITIONS/CODE REQUIREMENTS 20. The project is subject to the City of Palm Springs Water Efficient LandscapeOrdinance. 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. 21. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 22. 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. 23. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission, prior to issuance of building permits. Resolution 20920 Page 13 24. All roof mounted mechanical equipment shall be screened from all possible ' vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 25. No exterior downspouts shall be permitted on any facade on the proposed building(s), which are visible from adjacent streets or residential and commercial areas. 26. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 27. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 28. The street address numbering/lettering shall not exceed eight inches in height. 29. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 30. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 31. 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. Parking Design 32. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 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 (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8-foot walkway on the right side and shall be designated as "van accessible". 33. Handicapped accessibility shall be indicated on the site plan to include ' the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be Resolution 20920 Page 14 given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 34. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 35. 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. 36. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 37. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 38. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 39. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous ' 6" barrier curb shall provide wheel stops. 40. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 41. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. Waste Disposal 42. Trash cans shall be screened from view and kept within fifty (50) feet of the street. POLICE DEPARTMENT 43. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 44. Prior to any construction on-site, all appropriate permits must be secured. FIRE 45. Street Widths: Sections B-B, private street"A" and Section C-C, Avenida Caballeros are at a minimum width where no parking will be allowed. Resolution 20920 Page 15 46. Turnarounds: The terminus of private street "A" into the Clubhouse area will require an approved turnaround. ' 47. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 48. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 49. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 50. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA or Mission Springs Water District specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants. The Fire Chief or designee may be allowed to consider subsequent information regarding the five-minute response time and change limits where fire sprinklers are required. 51. Mandatory Fire Sprinklers: Project beyond five-minute response time from the closest fire station and therefore requires an automatic Fire Sprinkler System. The developer shall fund or prepare, at the discretion of the Fire Chief, a ' 5-minute response study to re-evaluate response times to the subject property. ENGINEERING STREETS 52. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 53. Coordinate with Sunline Transit Agency regarding required public transit facilities on or adjacent to the development. Any required public transit facilities, including bus stops, turn-outs, bus shelters and furniture, or other miscellaneous public transit improvements shall be furnished, constructed and installed in conjunction with construction of the associated street improvements. 54. Submit street improvement plans for all proposed streets (public and private) to the Engineering Division. The plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to issuance of any building permits. 55. All required off-site public street improvements (San Rafael Drive, Indian Canyon Drive, Sunrise Parkway, Indian Canyon Drive/Sunrise Parkway Traffic Signal, and Avenida Caballeros) shall be constructed prior to development that encompasses over 50% of the entire project, or equivalent to completion of ' construction prior to issuance of the 619th certificate of occupancy (50% of 1,237 building permits), without regard to approved phasing plans for development or as may be required adjacent to a Final Map or Maps (if the development is phased). Resolution 20920 Page 16 INDIAN CANYON DRIVE 56. Dedicate an additional 20 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage, together with a property line - corner cut-back at the southeast corner of the intersection of Indian Canyon Drive and Sunrise Parkway in accordance with City of Palm Springs Standard Drawing No. 105. 57. Construct an 8-inch curb and gutter, 38 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 58. Construct a 25 feet radius curb return and spandrel at each side of the intersection of Indian Canyon Drive and the West Entrance in accordance with City of Palm Springs Standard Drawing No. 206. B. Construct an 8 feet wide cross gutter at the intersection of Indian Canyon Drive and the West Entrance in accordance with City of Palm Springs Standard Drawing No. 200 and 206. C. Construct Type A curb ramps at each side of the intersection of Indian Canyon Drive and the West Entrance, in accordance with City of Palm ' Springs Standard Drawing No. 212. D. The West Entrance shall be restricted to right-turn ingress and egress only. The ingress and egress lanes shall have a 20 feet minimum width. Final configuration of the West Entrance shall be subject to review and approval of the City Engineer and Fire Marshall. E. Access to the Golf Maintenance area, or any facility proposed within the Golf Maintenance area indicated on the revised site plan for Tentative Tract Map 31848, shall be prohibited from Indian Canyon Drive, unless additional improvements to Indian Canyon Drive are provided, acceptable to the City Engineer, that restricts access into the Golf Maintenance area to right-turn ingress and egress only. If access is proposed into the Golf Maintenance area from Indian Canyon Drive, it shall be limited to the southerly portion of the site, and be subject to the review and approval of the City Engineer, and may require extension of the landscaped median south of the south property line of the Golf Maintenance area, including roadway widening and, if necessary, right-of-way acquisition as required to provide required improvements to eliminate left-turn ingress and egress into the Golf Maintenance area. Access into the Golf Maintenance area shall be provided from the West Entrance, or internally within the development, to the greatest extent possible. 59. Construct a 35 feet radius curb return and spandrel at the northeast and southeast corners of the intersection of Indian Canyon Drive and Sunrise Parkway in accordance with City of Palm Springs Standard Drawing No. 206. 60. Construct an 8 feet wide cross gutter at the intersection of Indian Canyon Drive and Sunrise Parkway with a flow line parallel with and 38 feet east of the Resolution 20920 Page 17 centerline of Indian Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ' 61. Install a nuisance water drainage system to intercept storm water runoff at the intersection of Indian Canyon Drive and Sunrise Parkway to minimize nuisance water within the cross gutter, in a manner acceptable to the City Engineer. 62. Construct a meandering, 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be meandering, as approved by the Director of Planning and Zoning, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 63. Construct Type A curb ramps at the northeast and southeast corners of the intersection of Indian Canyon Drive and Sunrise Parkway, in accordance with City of Palm Springs Standard Drawing No. 212. 64. 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 saw cut edge of pavement along the entire 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. 65. Construct a 14-feet wide curbed and landscaped median island along the entire frontage. Provide left turn pockets at Corazon Avenue and Tramview Road. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the CalTrans Highway Design Manual, as approved by the City Engineer. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning & Zoning. 66. Construct additional street improvements north of the intersection with the Sunrise Parkway as necessary to provide an additional south bound left-turn lane with a 225 feet long left-turn pocket and associated tapering and widening, as required and approved by the City Engineer. Acquire additional right-of-way for the City of Palm Springs, if necessary, to facilitate the intersection widening improvements. 67. The proposal for a traffic circle or roundabout at the Indian Canyon Drive and Sunrise Parkway intersection, as indicated on Tentative Tract Map 31848, is not approved. SAN RAFAEL DRIVE (WEST OF INDIAN CANYON DRIVE) 68. Construct street improvements (asphalt pavement widening, traffic" striping and related improvements) as necessary to widen the west leg of the San Rafael ' Drive and Indian Canyon Drive intersection, in a manner that improves intersection capacity acceptable to the City Engineer. SAN RAFAEL DRIVE (EAST OF INDIAN CANYON DRIVE) Resolution 20920 Page 18 69. Construct an 8-inch curb and gutter, 32 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 70. Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be meandering, as approved by the Director of Planning and Zoning, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 71. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. 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. AVENIDA CABALLEROS (PUBLIC) 71 A. An application shall be submitted for the vacation of existing public right-of-way provided for the construction of a "future street" extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and existing public right-of-way provided for the future westerly extension of Via San Dimas. Excess right-of-way shall be vacated to provide for a right-of-way line 30 feet west of the existing centerline of Avenida Caballeros. 71 B. The west side of Avenida Caballeros shall be de-annexed from Parkway Maintenance District #8 and maintained by the developer's HOA. The developer shall pay fees to the City necessary to revise the Engineer's report to accomplish this de-annexation. 1. Remove the existing curb ramps, curb returns, spandrels, cross-gutters, and asphalt pavement constructed for a "future street" extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and constructed for the future westerly extension of Via San Dimas. 2. Construct an 8 inch curb and gutter, 20 feet west of centerline at the location of a "future street" extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and located at the westerly extension of Via San Dimas, in accordance with City of Palm Springs Standard Drawing No. 200. ' 3. Construct a 5 feet wide sidewalk behind the curb at the location of a "future street" extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and located at the westerly extension of Via San Dimas in accordance with City of Palm Springs Standard Drawing No. 210. Resolution 20920 Page 19 4. Remove the existing barricade and make appropriate repairs and improvements necessary to construct and extend Avenida Caballeros onto the proposed ' development. SUNRISE PARKWAY 76. The following recommendations regarding the construction of the Sunrise Parkway are, in some cases, inconsistent with the proposed improvements identified on Tentative Tract Map 31848, specifically as indicated in Section D-D "Sunrise Parkway" on Sheet 1. The Tentative Tract Map details regarding the Sunrise Parkway shall be considered as modified by the recommendations specified by these conditions of approval. The Sunrise Parkway shall be constructed as a Secondary Thoroughfare with a special street section consisting of 4 travel lanes and a raised, landscaped median. 77. The alignment shall be revised, or easements shall be reserved on the final map, such that minimum safe stopping site distance, in accordance with the California Highway Design Manual, is achieved for a 45 mile per hour design speed throughout those segments of the Sunrise Parkway with a proposed centerline radius of 300 feet and 500 feet. Measures to require minimum safe stopping distance shall be submitted to the City Engineer for review and approval prior to submittal of street improvement plans for the Sunrise Parkway, and/or the first Final Map prepared within the development. 78. Dedicate 50 feet to provide the ultimate half street right-of-way width of 50 feet along that portion extending from the easterly property line and through the right- of-way transition from Sunrise Way to the Sunrise Parkway. 79. Acquire additional right-of-way east of the east property line (on off-site property) as necessary to provide a full 100 feet right-of-way for the Sunrise Parkway, from the end of Sunrise Way and extending west of the east property line. 80. Dedicate 100 feet to provide the ultimate right-of-way width of 100 feet along the entire frontage, from the easterly property line to Indian Canyon Drive. 81. Construct an 8 inch curb and gutter, 32 feet each side of centerline along the entire frontage, from Indian Canyon Drive to the existing end of Sunrise Way, in accordance with City of Palm Springs Standard Drawing No. 200, 82. Construct intersection widening and curb tapers as necessary to provide separate turning lanes (east bound right-turn and west bound left-turn lanes) into the North Entrance and East Entrance, as approved by the City Engineer. 83. Construct an appropriate transition with curb tapers as necessary to transition from the northerly end of existing improvements for Sunrise Way to the Sunrise Parkway, as approved by the City Engineer. A proposal to transition from Sunrise Way to the Sunrise Parkway shall be submitted to the City Engineer for review and approval prior to submittal of street improvement plans for the Sunrise Parkway, and/or the first Final Map prepared within the development. ' 84. Construct a 25 feet radius curb return and spandrel at each side of the intersection of the Sunrise Parkway and the North Entrance and East Entrance in accordance with City of Palm Springs Standard Drawing No. 206. Resolution 20920 Page 20 ' 85. Construct an 8 feet wide cross gutter at the intersection of the Sunrise Parkway and the North Entrance and East Entrance in accordance with City of Palm Springs Standard Drawing No. 200 and 206, 86. Construct a 12 feet wide combination sidewalk and bicycle path along the both sides of the entire frontage. The sidewalk and bicycle path shall be located adjacent to curb or meandering, as approved by the Director of Planning and Zoning, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 87. Construct Type A curb ramps at each side of the intersection of the Sunrise Parkway and the North Entrance and East Entrance, in accordance with City of Palm Springs Standard Drawing No. 212. 88. Construct a 14-feet wide curbed and landscaped median island along the entire frontage. Provide left turn pockets at the North and East Entrances. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning & Zoning. 89. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to edge of proposed gutter (full width) along the entire 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. 90. Provide adequate measures for drainage of surface storm water runoff from the Sunrise Parkway into adjacent landscaped parkways. Intercept and convey runoff through catch basins and minor storm drain systems to detention basins within the landscaped parkways in order to accommodate 10-year storm water runoff, or provide other measures acceptable to the City Engineer to accommodate surface runoff along the Sunrise Parkway. AVENIDA CABALLEROS (PRIVATE) 91. Dedicate a private street easement 61 and 66 feet wide as shown on Tentative Tract Map 31848, 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 street. 92. Construct a wedge curb, meeting City Engineer approval, 30 feet on both sides of centerline along the entire frontage, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 93. Construct 6 feet wide cross-gutters at all intersections (where required) in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Resolution 20920 Page 21 94. Construct a 6 feet wide meandering sidewalk along the east side of the entire ' frontage from the existing northerly end of Avenida Caballeros to Street "G" in accordance with City of Palm Springs Standard Drawing No. 210. 95. Construct a 12-feet wide curbed and landscaped median island at various locations as shown on Tentative Tract Map 31848. 96. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, 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. ON-SITE (PRIVATE) STREET"A" 97. Dedicate a private street easement 51 feet wide as shown on Tentative Tract Map 31848, 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 street. 98. Dedicate a 10 feet wide public utility easement along each side of the private street. 99. Construct a wedge curb, meeting City Engineer approval, 25 feet on both sides of centerline along the entire frontage, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 100. Construct 6 feet wide cross-gutters at all intersections (where required) with a flow line parallel with and 25 feet from the centerline of the intersecting street in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 101. Construct a 6 feet wide sidewalk along both sides of Street "A" from the Sunrise Parkway to the gated entry in accordance with City of Palm Springs Standard Drawing No. 210. 102. Construct a 10-feet wide curbed and landscaped median island at various locations as shown on Tentative Tract Map 31848. 103. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, 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. ON-SITE (PRIVATE) STREETS "B" THRU "U" Resolution 20920 Page 22 ' 104. Dedicate a private street easement 37 feet wide, 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. 105. Dedicate a 10 feet wide public utility easement along each side of the private streets. 106. Construct a wedge curb, meeting City Engineer approval, 18 feet on both sides of centerline along the entire frontage, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 107. 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. 108. All on-site street "knuckles" and cul-de-sac's shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101 and 104. 109. All on-site streets shall have a minimum centerline radius of 130 feet. 110. Construct a minimum pavement section of 2'/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% ' relative compaction, or equal, 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. SANITARY SEWER 111. Connect all sanitary facilities to the City sewer system. 112. If necessary to provide public sewer service to the easterly portion of the subject property, construct an extension of the existing 15-inch public sewer main within the approved alignment for the Sunrise Parkway, extending to the required point of connection. 113. Construct an 8-inch sewer main within all on-site private streets and connect to the public sewer main as required to the existing public sewer main in Avenida Caballeros, San Rafael Drive or Sunrise Way. 114. Dedicate an easement across all private streets , for sewer purposes to the City of Palm Srings. 115. 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. Resolution 20920 Page 23 116. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the ' sewer line(s). GRADING 117. 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. 118. 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 adjacent streets. 119. A National Pollutant Discharge Elimination System (NPDES) storm water 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 the Grading Plan. 120. In accordance with City of Palm Springs Municipal Code, Section 8.60.025 (c), a cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the City for dust control purposes associated with grading activities on the property. 121. 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. Resolution 20920 Page 24 ' 122. Contact the Building Department to get information regarding the preparation of the PM-10 (dust control) plan. 123. 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 124. Accept all storm water runoff passing through and falling onto the site and conduct all storm water runoff to approved drainage structures as described in the Preliminary Hydrology Report for the "Palm Springs Village Tract Map No. 31848", prepared by Mainiero, Smith and Associates, originally dated October 16, 2003. The Hydrology Report shall be finalized to include catch basin sizing, storm drainpipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 125. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 126. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs Area. The acreage drainage fee at the present time is $6,511 per acre per Resolution No. 15189 and shall be paid prior to issuance of building permits. The developer may receive credit toward drainage acreage fees otherwise due with regard to the estimated cost of the construction of Storm Drain Line 3 Laterals 3B, 3C, and 3D. Coordination with Riverside County Flood Control District (RCFC) shall be required to determine credit for deletion of previously Master Planned storm drain facilities, and to determine that the proposed on-site storm drainage system provides an acceptable alternative to the construction of the Master Planned storm drain facilities. If required as a condition of credit for storm drainage implementation fees, a cooperative agreement between the developer, the City of Palm Springs, and RCFC shall be established to identify the specific credit for storm drainage implementation fees related to the deletion of Laterals 3B, 3C, and 3E from the Master Drainage Plan. Collection of storm drainage implementation fees shall continue to be required, however, for future construction of Master Planned storm drain facilities adjacent to the project, including Storm Drain Line 3, Lateral 3A and Lateral 3E. ' 127. 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 31848 as approved by the City Engineer. Resolution 20920 Page 25 128. All on-site storm drain systems shall be privately maintained by a Homeowners Association and or Golf Course owner. Provisions for maintenance of the on-site ' storm drain systems 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. GENERAL 129. 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. 130. All proposed utility lines shall be installed underground. 131. 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. 132. 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. 133. 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. 134. Nothing shall be constructed or planted in the corner cut-off area of any driveway or intersection 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. 135. 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 136. 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 first review of the Final Map. The Final ' Map shall be approved by the City Council prior to issuance of building permits. In the event the Tentative Tract Map is phased into multiple Final Maps, the developer shall submit appropriate security for construction of all required off-site public street improvements with the first Final Map submitted for approval. Resolution 20920 Page 26 137. Abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements, identified as an easement to Southern California Edison recorded December 14, 1948, in Book 1035, Page 417; and an easement to Southern California Edison recorded as Document No. 72-160821, shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the abandonment of these easements, proposed individual lots encumbered by these 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 138. The original traffic impact study titled 'Palm Springs Village Planned Development District Traffic Impact Study," prepared by Endo Engineering dated September 2003 (as amended) shall be revised to address the additional access point into the development (the West Entrance) on Indian Canyon Drive. Modifications, additions and deletions to the traffic impact measures outlined in the original study (as previously amended) shall be required, as reviewed and approved by the City Engineer. The revised traffic impact study shall be submitted to the City Engineer for review and approval prior to submittal of improvement plans and/or a final map associated with the development. 139. Submit traffic striping and signage plans prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements. 140. Install street name signs at each street intersection in accordance with City of Palm Springs Standard Drawing No. 620-625. 141. Furnish and install a 9500-lumen high-pressure sodium vapor safety street light with glare shield on a marbelite pole on the southwest corner of the Sunrise Parkway and the East Entrance. The developer shall coordinate with Southern California Edison for required permits and work orders necessary to provide electrical service to the street light. 142. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed in accordance with City of Palm Springs Standard Drawing No. 620-625 at on-site street intersections as required by the City Engineer. 143. The following mitigation measures, as determined by the report titled `Palm Springs Village Planned Development District Traffic Impact Study," prepared by Endo Engineering dated September 2003 (as amended) shall be addressed as follows: A. Design and install a traffic signal at the Indian Canyon Drive and Sunrise ' Parkway intersection. Installation of the traffic signal shall be required in conjunction with the complete extension of the Sunrise Parkway from Sunrise Way to Indian Canyon Drive; or, shall be required in conjunction with construction of the Sunrise Parkway from Indian Canyon Drive to the North Entrance and issuance of the 100th certificate of occupancy within the development. The Resolution 20920 Page 27 developer may request preparation of a Reimbursement Agreement, which may allow for reimbursement of up to 82.9% of the total cost to design and install the ' traffic signal. If requesting a Reimbursement Agreement, the developer shall submit a $2,000 deposit for preparation of the Reimbursement Agreement by the City Attorney, and shall be subject to actual costs required for its preparation. B. Install traffic striping improvements at the Avenida Caballeros and San Rafael Drive intersection to provide a south bound left-turn lane, south bound through/right-turn lane, additional west bound through lane, north bound left-turn lane, and north bound through/right-turn lane. Traffic striping shall be installed in conjunction with the extension of Avenida Caballeros through the proposed development. C. Provide a northbound left-turn lane and northbound right-turn lane at the North Entrance and Sunrise Parkway; including a north bound stop control. D. Provide an eastbound left-turn lane and eastbound right-turn lane at the East Entrance and Sunrise Parkway; including an east bound stop control. E. Payment in an amount equal to 44.7% of the cost to design and install a traffic signal at the intersection of San Rafael Drive and Sunrise Way shall be made to the City. Payment shall be reimbursed to others responsible for the design and installation of the traffic signal, in accordance with the terms of a Reimbursement Agreement between the City and the responsible parties. Payment shall be made within 30 days notice to the developer. ' F. Payment in an amount equal to 15.5% of the estimated cost to construct an additional southbound left-turn lane at the Sunrise Way and Vista Chino intersection shall be made to the City. An engineer's estimate for the construction of the required improvement shall be submitted to the City Engineer for review and approval prior to approval of a Final Map. Payment shall be made prior to issuance of a certificate of occupancy. G. Payment in an amount equal to 11.0% of the cost to construct an additional northbound right-turn lane and southbound left-turn lane at the Farrell Drive and Vista Chino intersection shall be made to the City. An engineer's estimate for the construction of the required improvement shall be submitted to the City Engineer for review and approval prior to approval of a Final Map. Payment shall be made prior to issuance of a certificate of occupancy. 144. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other aboveground facilities for ADA accessibility. 145. 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. 146. 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. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of building permits.