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HomeMy WebLinkAbout21066 - RESOLUTIONS - 7/28/2004 RESOLUTION NO. 21066 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP FOR A SIX (6) LOT SUBDIVISION AND THE CONSTRUCTION OF SIX (6) SINGLE-FAMILY RESIDENCES AND ASSOCIATED ON AND OFF-SITE [IMPROVEMENTS ON 2.03 ACRES LOCATED AT 310 VISTA CHINO WITHIN THE, R-1-13 AND, R-G- A, ZONE SECTION 3. WHEREAS, Contempo Homes, Inc (the "Applicant") filed an application for Case 5.1006-PD- 298 and Tentative Tract Map 32363 for a six lot subdivision and the construction of six single- family residences and associated on and off-site improvements on a 2.03-acre site (the "Project") pursuant to Section 94.02.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60. The project is located at 310 Vista Chino, R-1-B, R-G-A, Section 3; and WHEREAS, the Applicant has filed said applications with the City and paid the required filing fees; and WHEREAS, said application were submitted to appropriate agencies as required by the Palm ' Spring Municipal, with the request for their review, comments, and requirements; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Case No. 5.1006-PD-298 and TTM 32363 was issued in accordance with applicable law; and WHEREAS, on July 28, 2004 a public hearing on the application for Case No. 5.1006-PD-298 and TTM 32363 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an application for Case No. 5.1006-PD-298 and TTM 32363 was issued in accordance with applicable law; and WHEREAS, on July 28, 2004 a public hearing on the application for Case No. 5.1006-PD-298 and TTM 32363 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 project, Case No. 5.1006-PD-298 and TTM 32363 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, Pursuant to CEQA, this project is Categorically Exempt from environmental review pursuant to Section 15305 (Minor Alterations in Land Use Limitation) and 15332 (In-Fill Resolution 21066 Page 2 ' Development Projects) of the California Environmental Quality Act (CEQA), whereas the subdivision and residential development meets the criteria outlined in that it is minor alterations in land use limitations (Planned Residential Development) which do not result in any change in land use or density; is an in-fill project which is consistent with the General Plan designation, less than 5 acres, would not result in significant traffic, noise, water and air quality and is served by all required utilities and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited to the staff report, all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, this project is Categorically Exempt from environmental review pursuant to Section 15305 (Minor Alterations in Land Use Limitation) and 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA), whereas the subdivision and residential development meets the criteria outlined in that it is minor alterations in land use limitations (Planned Residential Development) which do not result in any change in land use or density; is an in- fill project which is consistent with the General Plan designation, less than 5 acres, would not result in significant traffic, noise, water and air quality and is served by all required utilities and Section 2: Pursuant to Section 94.03.00 of the Zoning Ordinance, the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: 1. The use applied for at the location set forth in the application is properly one for which a Planned Development District 298 (PD-298) is being proposed is authorized by the City's Zoning Ordinance. 2. The use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the General Plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The proposed project is consistent with the General Plan. The General Plan designation for the site is L6 (Low Density Residential maximum 6 units/acre). The applicant is proposing 6 units on a 2.03-acre site and therefore is within the density parameters of the General Plan. 3. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with TTM 32363. 4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Resolution 21066 Page 3 5. That the conditions to be imposed and shown on the approved site plan are deemed ' necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. Section 3: 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. 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 (Low Density Residential maximum 6 units/acre). The applicant is proposing 6 units on a 2.03-acre site 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 Planning Commission 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 32363. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The site is proposed for 6, one-story single-family residences on 2.03 acres of land. The proposed development is under the maximum allowable density of 6 units per acre, as permitted under the General Plan. The project site is surrounded on four sides by previously developed single and multi-family residential projects. The applicant proposes a 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. The project is Categorically Exempt from environmental review pursuant to Section 15305 (Minor Alterations in Land Use Limitation) and 15332 (In-Fill Development Projects) of the California Environmental Quality Act (CEQA). Therefore it is determined that the proposed subdivision and the proposed improvements are not likely to cause , substantial environmental damage or injury. Resolution 21066 Page 4 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. Vista Chino is designated as a Secondary Thoroughfare on the City of Palm Springs circulation plan. Royal Desert Palms Court is a 36-foot wide private street providing internal circulation for the project, which will be privately maintained. NOW THEREFORE BE IT RESOLVED that the City Council of the City of Palm Springs, California, after considering the evidence provided at the meeting, approve Case No. 5.1006- PD-298 and TTM 32363, subject to the conditions of approval as shown in Exhibit A. ADOPTED this 28th day of July,2004. AYES: Members Foat, McCulloch, Mills and Pougnet ' NOES: None ABSTAIN: None ABSENT: Mayor Oden ATTEST: /f CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: Resolution 21066 Page 5 , EXHIBIT A CONDITIONS OF APPROVAL Planning Case 5.1006, PD-298 TTM 32363 July 28, 2004 APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT DISTRICT FOR SIX (6) SINGLE FAMILY RESIDENCES LOCATED A 310 VISTA CHINO, (APN 504-300-016 AND 017), SECTION 3. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS 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 5.1006, PD-298, and TTM 32363. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain ' and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas Resolution 21066 Page 6 federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted. (CVFTL fee area only) 6. As the property is Indian trust land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council shall be paid prior to consideration of this project by the Planning Commission. Environmental Assessment 7. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: CC&R's 8. 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, shall require maintenance of all property in a good condition and in accordance with all ordinances, and shall include the following special conditions: 9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000,00, for the review of the CC&R's by the City Attorney. A $585,00 filing fee shall also be paid to the City Planning Department for administrative review purposes. 10. The CCR's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. Resolution 21066 Page 7 Cultural Resources 11. 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. 12. 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. a) 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. b) 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. 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, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. GENERAL CONDITIONS/CODE REQUIREMENTS ' 15. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Resolution 21066 Page 8 ' 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. 16. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 17. 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. 18. All materials on the flat portions of the roof shall be earth tone in color. 19. All awnings shall be maintained and periodically cleaned. 20. 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. 21. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 22. 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. 23. The street address numbering/lettering shall not exceed eight inches in height. 24. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 25. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 26. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 27. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 28. 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. 29. 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 given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. Resolution 21066 Page 9 WASTE DISPOSAL ' 30. Trash cans shall be screened from view and kept within fifty (50) feet of the street. POLICE DEPARTMENT 31. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 32. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT 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. 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. WEST VISTA CHINO 3. Remove the existing curb and gutter as necessary to construct two 25 feet radius curb returns and spandrels, and a 6 feet wide cross gutter at the proposed intersection of West Vista Chino and Royal Desert Palms Court (private street) in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 4. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210, 5. Construct a Type C curb ramp at each side of the intersection of West Vista Chino and Royal Desert Palms Court in accordance with City of Palm Springs Standard Drawing No. 214. 6. All broken or off grade street improvements shall be repaired or replaced. , Resolution 21066 Page 10 ROYAL DESERT PALMS COURT (PRIVATE STREET) 7. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel, over the private street. 8. Construct a 6 inch curb and gutter in accordance with City of Palm Springs Standard Drawing No. 200, or an approved wedge curb, 18 feet on both sides of centerline along the entire frontage, and throughout the hammerhead turn- around. 9. The hammerhead turn-around at the end of the private street shall be subject to final approval by the fire marshall. 10. Construct a minimum pavement section of 2'/ inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. 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 11, Lots 1 through 3 may connect to the existing City sewer system located within the 18 feet wide easement along the east side of the property. Laterals shall connect to the public sewer main in accordance with City of Palm Springs Standard Drawing No. 405. 12. Construct an 8 inch sewer main within the on-site private street and connect to the existing sewer main located in West Vista Chino. Lots 1 through 3, and 4 through 6 may connect to the new on-site sewer main, or, Lots 4 through 6 only may be connected to the new on-site sewer main. 13. Submit public sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. 14. 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 system by the City of Palm Springs. 15. The existing 18 feet wide storm drain and sewer easement along the east side of the property shall be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of existing public facilities within the easement. Construction of permanent structures, patios, swimming pools and equipment, concrete and patio decks, shall not be allowed. Planting of large trees or other planting material with invasive or deep root structures shall be restricted. Side yard walls adjacent to Lots 1 through 3 that extend across the public easement shall include 15 feet wide gates with lock and access provided to the City of Palm Springs. Resolution 21066 Page 11 16. Provisions for maintenance of the City's sewer and storm drain easement, acceptable to the City Engineer, shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this development. Notice shall be clearly included in the CC&R's defining the restrictions of development within the easement across Lots 1,2 and 3. The CC&R's shall advise the property owners of the City's right to enter the properties, clear and remove any and all obstructions within the easement, and give the City right to charge all costs incurred in enforcing this provision to the Homeowners Association. The CC&R's shall also advise the property owners of the fact that the City is not required to replace in like kind any landscaping or other improvements within the easement in the event repair or replacement of the existing sewer or storm drain facility is required, and that the City shall be limited to leaving the property in a rough graded condition following any such repair or replacement. GRADING 17. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. 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 first submittal of the Grading Plan shall include the following information: Copy of signed Conditions of Approval stamped by the 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. 18. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. Resolution 21066 Page 12 19, 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 the Grading Plan. 20, In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond equal to two thousand dollars ($2,000.00) per acre shall be posted with the City of Palm Springs for mitigation measures of erosion/blowsand that may occur during grading and development of the property. 21. 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. 22. 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 23. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final 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. 24. The existing 36" diameter storm drain within the easterly portion of the property may be used for conveyance of stormwater runoff volumes in excess of the volume created by a 100-year storm, provided a hydrology study of the tributary drainage area directing stormwater runoff to the storm drain facility and hydraulic analysis of the storm drain facility is prepared and demonstrates that the storm ' drain facility has additional capacity to contain the increased stormwater runoff. The hydrology study and hydraulic analysis shall be subject to review and approval by the City Engineer. Resolution 21066 Page 13 25. Provisions for the interception of nuisance water from entering West Vista Chino from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 26. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 27. 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. 28. All proposed utility lines shall be installed underground. 29. All existing utilities shall be shown on the grading plan. The existing and proposed service laterals shall be shown from the main line to the property line. 30. 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 grading plan shall be submitted to the City Engineer for approval prior to construction. 31. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the north property line meet the requirement to be installed underground. In accordance with deferral granted by the City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. The existing overhead utilities across the north property line meet the ' requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of Resolution 21066 Page 14 the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. 32. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the project. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a certificate of occupancy. 33. Nothing shall be constructed or planted in the public right-of-way which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 34. 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 35. 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 parcels 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. 36. The Final Map shall clearly show the existing 18 feet wide sewer and storm drain easement adjacent to the easterly property line, recorded as Document 94153 on July 18, 1973. This easement is not identified on Tentative Tract Map 32363. TRAFFIC 37. A minimum of 48 inches of sidewalk clearance shall be provided around all above- ground facilities for handicap accessibility. The developer shall provide same through widening of the sidewalk or shall be responsible for the relocation of all existing impediments located on the West Vista Chino frontage of the subject property. Resolution 21066 Page 15 38. A 30 inch stop sign (and standard stop bar and legend), and street name sign ' shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the northwest corner of the intersection of West Vista Chino and Royal Desert Palms Court (private street). 39. 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. 40. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Resolution 21066 Page 16 Q V,ALM Sp N R' Department of Planning and Zoning W E V% N Vicinity Map S r O D Site VISTA CHINO 0 x a w CITY OF PALM SPRINGS CASE NO.: 5.1006 — PD298 DESCRIPTION: A Planned Development 298 (PD-298) and Tentative Tract Map (TTM) 32363 32363, to subdivide 2.03 acres into six (6) lots and construct single-family homes. Located at Vista Chino and Mira Loma Way. R-1-B / R-G- LaAPPLICANTT: TRMo yal Desert Palms, LLC. A (6) Zone. Section 3.