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HomeMy WebLinkAbout21101 - RESOLUTIONS - 9/15/2004 RESOLUTION NO. 21101 ' OF THE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP FOR A FIFTY-TWO (52) LOT SUBDIVISION AND THE CONSTRUCTION OF FIFTY-TWO (52) SINGLE-FAMILY RESIDENCES AND ASSOCIATED ON AND OFF-SITE (IMPROVEMENTS ON 15.253 ACRES LOCATED AT THE NORTHWEST CORNER OF SUNRISE WAY AND RAQUET CLUB DRIVE WITHIN THE, N-0-5, IL ZONE SECTION 2, WHEREAS, Bayshore Development Company, Inc (the "Applicant") filed an application for Case 5.1014, Planned Development District 301 (PD-301) and Tentative Tract Map 32160 (TTM 32160) for a fifty-two (52) lot subdivision and the construction of fifty-two single-family residences and associated on and off-site improvements on a 15.25-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 the northwest corner of Sunrise Way and Racquet Club Road, N-0-5 Zone, Section 2, and WHEREAS, the Applicant has filed said applications with the City and paid the ' required filing fees; and WHEREAS, said applications were submitted to appropriate City Departments for their review; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for Case No. 5.1014-PD-301 and TTM 32160 was issued in accordance with applicable law; and WHEREAS, on August 25, 2004 a public hearing on the application for Case No. 5.1014-PD-301 and TTM 32160 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. 5.1014-PD-301 and TTM 32160 was issued in accordance with applicable law; and WHEREAS, on September 15, 2004, a public hearing on the application for Case No. 5.1014-PD-301 and TTM 32160 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 5.1014-PD-301 and TTM 32160 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 Resolution 21101 Page 2 fiscal and environmental resources; the approval of the proposed project represents the balance of these respective needs in a manner in 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, an Initial Study/Environmental Assessment (IS/EA) was prepared for this project and upon completion of the IS/EA, staff found that the project could not have a significant effect on the environment and recommends that a Negative Declaration be adopted 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, an Initial Study/Environmental Assessment was prepared for this project and upon completion of the IS/EA, staff found that the project could not have a significant effect on the environment and recommends that a Negative Declaration be adopted. Section 2. Pursuant to Section 94.03.00 of the Zoning Ordinance, the City Council 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 is authorized by the City's Zoning Ordinance. PD-301 is being proposed, pursuant to the Palm Springs Zoning Ordinance, Section 94.03.00. It is the intent of this district to insure compliance with the general plan while allowing flexibility in the strict provisions of the zoning classification. The proposed project is consistent with the General Plan in terms of density and land use and is therefore consistent with 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 Density Controlled Low Density Residential Development, Six (6) Units Per Acre (CDL-6). This designation provides for various types of affordable housing, including traditional single-family structures at a threshold development of three (3) and a maximum of six (6) single-family dwelling units per acres. Development not qualifying as affordable housing is ' limited to a maximum of four (4) units per acre. The proposed project consists of single-family detached homes with an overall density of 3.41 units per acre and therefore is within the density parameters of the General Plan. Resolution 21101 Page 3 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. The property is a vacant, approximately 20 (gross) acre site. It is within a residential area and is surrounded by residential development and vacant land. Although a PD is proposed in order to provide for a slight reduction in lot size, lot dimensions and setbacks, it will be compatible with the surrounding area and is suitable for the site. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with TTM 32160. 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. The project site is surrounded by the following roads: Francis Drive to the north; Sunrise Way to the east; Racquet Club Drive to the south and Paseo De Anza to the west. One point of access is proposed on Paseo De Anza, and there will be no access proposed on Sunrise Way. All required off-site public and on-site private streets will be designed in accordance with City design standards and as required by the City Engineer. The developer shall be responsible for 100% of the cost for construction of public street improvements consisting of landscape and sidewalks, which will be constructed in conjunction with the project. 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 General Plan designation for the site is Density Controlled Low Density Residential Development (CDL-6), Six (6) Units Per Acre. This designation provides for various types of affordable housing, including traditional single- , family structures at a threshold development of three (3) and a maximum of six (6) single-family dwelling units per acres. Development not qualifying as Resolution 21101 Page 4 affordable housing is limited to a maximum of four (4) units per acre. The proposed project consists of single-family detached homes with an overall density of 3.41 units per acre and therefore is within the density parameters of the General Plan. 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, policies, and general land uses and program provided in the General Plan. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with TTM 32160, 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The applicant proposes a residential development consisting of a fifty-two (52) lot subdivision and the construction of fifty-two (52) single-family residences and associated on and off-site improvements on a 15.25-acre. It is within a residential area and is surrounded by residential development and vacant land. Although a PI) is proposed in order to provide for a slight reduction in lot size, lot dimensions and setbacks, it will be compatible with the surrounding area and is suitable for the site. All street, drainage, and utilities improvements are subject to the standards of the General Plan and Conditions of Approval associated with TTM 32160. 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. An Initial Study has been prepared for this project and indicates that there is no evidence that the project will have a significant effect on the environment. Hence, it is recommended that a Negative Declaration be adopted for the project. A Biological Assessment and Impact Analysis was also prepared and found that the site has been previously disturbed by human activities and that it is an "ecological island" without attachment or corridor connecting it with any other natural community. Therefore it is determined that the proposed subdivision and the proposed improvements are not likely to cause substantial environmental damage or injury. 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. Resolution 21101 Page 5 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. One point of access is proposed on Paseo De Anza, and there will be no access proposed on Sunrise Way 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, does hereby approve Case No. 5.1014-PD-301 and TTM 32160, subject to the conditions of approval as shown in Exhibit A and adoption of a Negative Declaration. ADOPTED this 151h day of September, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSTAIN: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Resolution 21101 Page 6 EXHIBIT A Planning Case 5,1014, PD-301 TTM 32160 FINAL CONDITIONS OF APPROVAL September 15, 2004 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING Administrative 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 5.1014, PD-301, and TTM 32160. 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, parkways, 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 sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. Resolution 21101 Page 7 ' 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. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq. or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against ' each parcel permitting incorporation of the parcel in the district. 7. Pursuant to Park Fee Ordinance No. 1532, 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. 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 Services 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 Department of Planning Services for administrative review ' purposes. Resolution 21101 Page 8 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. 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 all 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 Services Department prior to final inspection 13. The applicant shall pay to the Agua Caliente Band of Cahuilla Indians $800.00 per acre, as required by the THCP prior to the issuance of a building permit. 14. Pre-construction surveys for desert tortoise and burrowing owl shall be performed no later than 30 days prior to ground disturbing activities. If these species are discovered, the applicant shall comply with requirements of the THCP Final Design 15. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 16. 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 17. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements_ 18. 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. 19. 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. 20. Construction of any residential unit shall meet the minimum soundproofing requirements prescribed pursuant to Section 1092 (and related sections if any) of Title 25 of the California Administrative Code. 21. All materials on the flat portions of the roof shall be earth tone in color. 22. All awnings shall be maintained and periodically cleaned. 23. 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. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. ' Resolution 21101 Page 10 25. 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. 26. The street address numbering/lettering shall not exceed eight inches in height. 27. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 28. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 29. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 30. 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. ' 31. A standard Avigation Easement and Non-Suit Covenant, in a form prescribed and approved by the City Attorney shall be provided with reference to present and future owners of the land on which the structure is to be located prior to occupancy. 32. Four (4) exterior corners should be opened-up; walls need to be pulled back, especially at Sunrise Way and Racquet Club Drive. Break-in wall along west side of property; and provide a landscape feature as a focal point at the end of the street. Need four (4) small locations with additional movement of wall, with focal points on Paseo DeAnza. The design is subject to the final approval of the Director of Planning Services. WASTE DISPOSAL 33. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 34. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department 35. Prior to any construction on-site, all appropriate permits must be secured. Page 11 , 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. Francis Drive 3. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in , accordance with City of Palm Springs Standard Drawing No. 210. 4. Construct a Type A curb ramp at the southwest corner of the Francis Drive and Sunrise Way intersection, in accordance with City of Palm Springs Standard Drawing No. 212. 5. Remove the existing curb ramp and construct a Type A curb ramp at the southeast corner of the Francis Drive and Paseo De Anza intersection, in accordance with City of Palm Springs Standard Drawing No. 212 6. All broken or off grade street improvements shall be repaired or replaced. Paseo De Anza 7. Dedicate additional right-of-way as necessary for a property line-corner cut-back at the northeast and southeast corner of the intersection of Paseo De Anza and Enclave Way (Private Street) in accordance with City of Palm Springs Drawing No. 105. 8. Remove the existing curb and gutter as necessary to construct the intersection of Paseo De Anza and Enclave Way. 9. Construct 25 feet radius curb returns and spandrels at the northeast and ' southeast corners of the intersection of Paseo De Anza and Enclave Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206, Resolution 21101 Page 12 10. Construct a 6 feet wide cross gutter at the intersection of Paseo De Anza and Enclave Way with a flow line parallel with and 20 feet east of the centerline of Paseo De Anza in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 11. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with the City of Palm Springs Standard drawing No. 212. 12. Remove the existing curb ramp and construct a Type A curb ramp at the southeast corner of the Paseo De Anza and Francis Drive intersection, in accordance with City of Palm Springs Standard Drawing No. 212. 13. Construct a Type A curb ramp at the northeast and the southeast corners of the intersection of Paseo De Anza and Enclave Way, in accordance with City of Palm Springs Standard Drawing No. 212. 14. Remove the existing curb ramp and construct a Type A curb ramp at the northeast corner of the Paseo De Anza and Racquet Club Drive intersection, in accordance with City of Palm Springs Standard Drawing No. 212. 15. All broken or off grade street improvements shall be repaired or replaced. Racquet Club Drive 16. Remove the existing curb ramp and construct a Type A curb ramp at the northeast corner of the Racquet Club Drive and Paseo De Anza intersection, in accordance with City of Palm Springs Standard Drawing No. 212. 17. Construct a meandering 6 feet wide sidewalk along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 18. All broken or off grade street improvements shall be repaired or replaced. Sunrise Way 19. Dedicate additional right-of-way concentric with the back of sidewalk along the bus turn-out, located at the southwest corner of the Sunrise Way and Francis Drive intersection. 20. Dedicate an easement for pedestrian and bicycle path purposes across the Sunrise Way frontage for portion of the proposed combination sidewalk and bicycle path that leave the public right-of-way 21. Remove the existing curb and gutter as necessary to construct a 180 feet long by 12 wide bus turn-out, located at the southwest corner of the Sunrise Way and Francis Drive intersection, in accordance with Sunline Transit Agency requirements. Constructions of a bus stop shelter shall be required, with a design compatible to project architecture as approved by Sunline Transit Agency Resolution 21101 ' Page 13 and the Director of Planning Services. Bus stop furniture and other accessories shall be furnished, as required by Sunline Transit Agency. 22. Construct a 12 feet wide meandering combination sidewalk and bicycle path along the entire Sunrise Way frontage. The combination sidewalk and bicycle path shall be constructed of colored Portland cement concrete, with an admixture color of Desert Sand, Palm Springs Tan or approved equal color by the Engineering Division. 23. Construct a Type A curb ramp at the southwest corner of the Sunrise Way and Francis Drive intersection, in accordance with City of Palm Springs Standard Drawing No. 212. 24. Construct a 14-feet wide landscaped, raised median island from Francis Drive to Racquet Club Drive. Provide lert turn pockets as required in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. Landscaping and irrigation plans for the median shall be submitted to the City Engineer for review and approval, in conjunction with the associated street improvement plans. The landscaping and irrigation plans shall be approved prior to approval of street Improvement plans. The developer may request to enter into a reimbursement agreement with the City that provides for reimbursement to the developer from owners of vacant properties along the east side of Sunrise Way between Francis Drive and Racquet Club Road who apply to the City for building or other various development permits. Reimbursement shall be determined as the proportionate share of the cost of constructing the landscaped median on a per lot basis, and reimbursement shall be passed from the City to the developer. The developer shall deposit $2,000.00 with the Engineering Division for costs associated with preparation of the reimbursement agreement by the City Attorney, and shall be liable for all costs in the preparation thereof. On-Site Private Streets 25. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposed, and for service and emergency vehicle and personnel ingress and egress, 37 feet wide, over the private streets. 26. Construct a wedge curb, acceptable to the City Engineer, 18 feet on both sides of centerline along the entire frontages, and throughout the cul-de-sacs. 27. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101. A minimum 43 feet inside radius shall be required for all on-site cul-de-sacs. 28. All on-site "knuckles" shall be constructed in accordance with City Palm Springs ' Standard Drawing No. 104. Resolution 21101 Page 14 29. Construct a minimum pavement section of 2 "/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. 30. Enclave Way shall not be gated. A specific provision shall be included in the Codes, Covenants and Restrictions (CC&R's) for the Homeowners Association prohibiting the future installation of entry gates into this development. Sanitary Sewer 33. Dedicate an easement to the City of Palm Springs for sewer purposes across "Lot B', or as necessary to extend the on-site sewer system to the existing public sewer mains in Racquet Club Drive and/or Sunrise Way, 34. Construct an 8 inch sewer main within the on-site private streets and connect to the existing sewer main located in Racquet Club Drive and/or Sunrise Way/ 35. 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. 36. 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. Grading 37. 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 Resolution 21101 Page 15 ' 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 Services Department; Copy of Site Plan stamped approved and signed by the Planning Services Department; Copy of current Title Report; Copy of Soils Report; and a copy of the associated Hydrology Study/Report. 38. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 39. 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. 40. In accordance with City or 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. 41. 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. 42. 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 43. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system (if available). On-site retention or other facilities approved by the City Engineer shall be required if an off-site drainage system is unavailable or cannot 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 detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 44. In the event an underground stormwater retention system is proposed, the system shall be installed on-site and not within the public right-of-way. The underground stormwater retention system shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in the final hydrology study approved by the City ' Engineer. A decrease to the required retention volume may be allowed for the percolation of the stormwater runoff due to development of the site, as identified in the final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour or as otherwise supported by a percolation test at the site. Provisions for maintenance of the underground stormwater retention system shall be included in the CC&R's for the HOA, including reference to the fact that maintenance and/or replacement of the system may require removal of existing landscaping improvements within the landscape parkway at the sole expense of the HOA. 45. 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 46. 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. 47, All proposed utility lines shall be installed underground. ' 48. 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. Resolution 21101 Page 17 ' 49. 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. 50. Contact Whitewater Mutual Water Company to determine impacts to any existing facilities that may be located within the project. Make appropriate arrangements to protect in place or relocated any existing Whitewater Mutual Water Company facilities that are impacted by 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. 51. 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. 52. 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 53. 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. 54. In accordance with Section 66434(g) of the Government Code, the existing right- of-way for Luna Road dedicated to the City through a grant of easement from the BIA, recorded as Document No. 46783 on March 19, 1982, and identified as Parcel 10, and the existing easement for bicycle and sidewalk purposes dedicated to the City through a grant of easement from the BIA, recorded as Document No. 187936 on September 14, 1933 may be abandoned upon the filing of a Final Map identifying the abandonment of the rights-of-way and easements granted to the City of Palm Springs. 55. If landscaping within Lot "A" as shown on the Tentative Tract Map is proposed to be maintained by the City, the developer shall dedicate a landscape easement to ' the City of Palm Springs within Lot "A" and annex Lot "A" into the City of Palm Springs Parkway Maintenance District No. 9. The developer shall submit a deposit to the City in an amount to cover fees associated with the assessment Resolution 21101 Page 18 engineer to facilitate the annexation process. All final costs and fees necessary to the annexation process shall be completed prior to issuance of a Certificate o Occupancy. Otherwise, landscaping within Lot "A" and within the parkways adjacent to the street frontages shall be privately maintained with provision for maintenance of the parkway landscaping included in the CC&R's for the Homeowners Association. Traffic 56. A minimum of 48 inches of sidewalk clearance shall be provided around all aboveground facilities for handicap accessibility. The developer shall provide the same through widening of the sidewalk or shall be responsible for the relocation of all existing impediments located on various street frontages of the subject property. 57. The developer shall provide and install a 9,500 lumen high pressure sodium vapor safety street light with glare shield on a marbelite pole on the southeast corner of Sunrise Way and Francis Drive with the mast over Sunrise Way. The developer shall coordinate with Southern California Edison for required permits and work orders necessary provide electrical service to the streetlight. ' 58. Street names shall be required at each intersection, as required by the City Engineer, in accordance with the City of Palm Springs Standard Drawings Nos. 620 through 625. 59. 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 Drawings No. 620 through 625 at the northeast corner of the intersection of Paseo De Anza and Enclave Way, the southwest corner of Julia Court and Isabella Way, and the southeast corner or Ave Court and Isabella Way. 60. Construction lighting, signing 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 the 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. 61. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.