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HomeMy WebLinkAbout21146 - RESOLUTIONS - 11/17/2004 RESOLUTION NO. 21146 OF THE CITY COUNCIL OF THE CITY OF PALM , SPRINGS, CALIFORNIA, APPROVING FINAL MAP NO, 32028-1 FOR PROPERTY LOCATED SOUTH OF THE CHINO CREEK LEVEE AND ON THE EAST SIDE OF HIGHWAY 111, IN SECTION 33, TOWNSHIP 3 SOUTH, RANGE 4 EAST WHEREAS, the Planning Commission, at its meeting of June 23, 2004, recommended approval of Tentative Tract Map No. 32028 prepared by MSA Consulting, Inc., representing Mountain Gate II Palm Springs Ventures, LLC, a Delaware limited liability company, for the above described property; and WHEREAS, the City Council at its meeting of July 7, 2004, approved Tentative Tract Map No. 32028 subject to conditions; and WHEREAS, the owner offers for dedication to the City of Palm Springs for public use for public utility and sewer purposes, those easements shown as "10' PUE" along and adjacent to all private streets; easements for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over Lots "A" through "F" inclusive; easements for public utility and sewer purposes over Lots "G" through "M" inclusive; easements for landscaping and pedestrian purposes over Lot "G"; an easement for storm drain purposes over Lots "A", "G", "H", "I", and "J"; and a 30 feet wide easement for sewer purposes over Lot "N" as shown on the map. ' NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: 1. That Final Map No. 32028-1 is in substantial conformance with approved Tentative Tract Map No. 32028; and 2. That requisite conditions associated with Tentative Tract Map No. 32028 have been satisfied; and 3. That Final Map No. 32028-1 is in conformance with the General Plan; and 4. That Final Map No. 32028-1 conforms to all requirements of the Subdivision Map Act of the State of California; and 5. That the offers of dedication to the public on Final Map No. 32028-1 shall be accepted by the City Clerk of the City of Palm Springs; and 6. That the City Manager is hereby authorized to enter into a Subdivision Improvement Agreement with the subdivider and to accept subdivision improvement security in conformance with the requirements therein for construction of required public improvements; and 7. That the City Clerk shall cause to have recorded with the Riverside County Recorder the Subdivision Improvement Agreement; and 8. That Final Map No. 32028-1 is hereby approved for purposes therein defined. Resolution No. 21146 Page 2 ' ADOPTED this 171h day of November, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By AcOrag -City Clerk City Manager . REVIEWED &APPROVED AS TO FORM: City Attorney 1 Resolution 21145 'rph Page 3 EXHIBIT A �by� APpgCyr pets m L�'nk. CASE 5.0931-B, PD-279 'iipn /late PRELIMINARY PLANNED DEVELOPMENT DISTI , �R#279) !! TENTATIVE TRACT MAP 32028 ��4< .aw�/r �F�rCI prvrn''�7� arc/�� NORTHEAST CORNER OF GATEWAY DRIVE AND HIGHWAY, CENTURY VINTAGE HOMES, INC. .r CONDITIONS OF APPROVAL July 7, 2004 Before final acceptance of the project, all conditions listed beVow shall be completed to the satisfaction of.the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the! condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PLANNING Administrative: ' 1a. 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. 1b. 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 5.0931-B, PD-279 and TTM 32028. 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 I udgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. That the property owner(s) and successors and assignee:S 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 Kesomiion 11140 Page 4 , agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 3. The applicant prior to issuance of building permits for the 196 unit project component shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") in compliance with the Phase I component of the Mountain Gate projec CC&R's to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A $585 filing fee, or the fee in effect at the time of submission, shall also be paid to the City Planning Department for administrative review purposes. 4. 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. ' 5. 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 '/4% for residential projects with the first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be based on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 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 and cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under authority of Ord. C. 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 of 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. ' 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 Page 5 _ . . . Y declaration will be included in the plans prior to Planning Commission consideration of the ' environmental assessment. Mitigation measures are as follows: Aesthetics: a. All outdoor advertising shall be banned adjacent to the: project site. Signage that was approved in the Phase I component of the review process shall be maintained. No new signage shall be added in any form that includes the following but not limited to: monuments, banners, flags. b. The landscaping adjacent to Hwy 111 of the Phase II component shall be comprised of perennial plantings of desert drought-resistant species. Air quality: a. The applicant shall comply with Section 8.50 of the Palm Springs Municipal Code, Fugitive Dust and Erosion Control (PM-10) and prepare and submit a plan to the Building Department to control fugitive dust emissions in compliance with the South Coast Air Quality Management District (SCAQMD). The plan must implement reasonable available control measures to ensure that project emissions are in compliance with the SCAQMD. Cultural Resources: a. A Cultural Resources Monitor, designated by the Agua Caliente Cultural Resource Office, 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 Indians Cultural Office for additional information on the use and availability of Cultural Resource Monitors. b. Should buried deposits be encountered, the Cultural Resources 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 Aguat 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. d. Pipeline alignments shall be carefully documented by the archeological monitors on site when pipeline segments are uncovered in the course of excavation and construction. e. Consultation with the Agua Caliente Band of Cahuilla Indians Cultural Resource Office shall occur to determine the further treatment of the rock ring site. Geology and Soils: a. A soils test will be required as part of the final engineering. All site grading, compaction, building pad construction, and foundations will be per the , recommendations of a licensed geotechnical engineer. All earthwork and foundations- shall be inspected to assure compliance with the engineer's recommendations. b. All structures shall be designed to applicable seismic standards per the State of California Uniform Building Code. Resolution 21146 Page 6 c. All grading will be performed in accordance with a grading permit issued by the City of Palm Springs. d. An erosion control plan will be prepared and implemented during construction. e. A PM10 Plan will be prepared to mitigate dust generation resulting from winds and vehicle/personnel activities. f. Prior to the issuance of grading permits, the developer must comply with the rules and regulations of the South Coast Air Quality Management District (SCAQMD) relative to dust mitigation including Rules 402 and 403. g. See AIR QUALITY for full air quality mitigation. Hydrology and Water Quality: a. Payment of Drainage Acreage fees shall be required prior to issuance of building permits for implementation of the Master Plan of Drainage for the Palm Springs area. b. The development shall comply with the recommended measures as outlined in the Hydrology Report, as finalized and approved by the City Engineer, including but not limited to construction of an on-site storm drain system and retention basins. Noise: a. Proposed single-family detached residential development adjacent to State Highway 111 shall be evaluated by a qualified noise consultant at more detailed levels of planning to ensure that adequate noise attenuation strategies are incorporated to meet the Palm Springs noise standard of 65 CNEL in outside living areas and 45 dBA in ' interior living areas. The project applicant shall demonstrate to the City's satisfaction that the required shielding shall be incorporated in the project design, prior to the issuance of building permits. b. Construction shall be restricted to between the hours of 7:00 a.m. and 7:00 p.m. on weekdays, and between the hours of 8:00 a.m. and 5:00 p.m. on Saturdays with associated sound barrier screening. No construction shall occur at any time on Sunday or a federal holiday. These days and hours shall also apply to any servicing of equipment and to the delivery of materials to or from the site. c. All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. d. All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. e. 'Stockpiling and vehicle staging areas shall be located as far as practical from noise- sensitive receptors. f. Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located as far as practical from existing homes. g. Every effort shall be made during construction activities to create the greatest distance between noise sources and noise-sensitive receptors located in the vicinity of the project site. h. Stationary equipment should be placed such that emitted noise is directed away from noise-sensitive receptors. i. Future on-site development shall comply will all relevant noise policies set forth in the Noise Element of the General Plan. ' Public Services: a. All residences shall be equipped with fire sprinklers per the requirements of the Fire Marshal. Kesomuon LI 14b Page 7 b. Prior to the issuance of a building permit for residential construction the developer r shall pay a school impact fee based on the current rate as adopted by the Palm Springs.Unified School District. Recreation: a. In accordance with City Ordinance No. 1632 and the State of California's Quimby Act, the proposed residential development shall be required to pay in lieu mitigation fees to facilitate the further development of park and recreation facilities at a local level. Transportation and Traffic: a. The final design of the internal circulation and site access plans shall be subject to the review and approval of the City Engineer to ensure compliance with City access and design standards. b. The applicant shall dedicate appropriate right of way to accommodate the ultimate improvement of master planned roadways on or adjacent to the project site. c. State Highway 111 shall be improved to City and/or CalTrans design standards adjacent to the project site. Adequate off-street parking shall be provided on-site to meet the requirements of the Palm Springs Municipal Code. d. A fair share contribution shall be made towards the future signalization of Indian Canyon Drive and Tramview Road. e. The applicant shall pay all required Transportation Uniform Mitigation Fees (TUMF) prior to issuance of building permits. Final Desiqn: , 8. If, within two (2) years after the date of approval by the: City Council of the preliminary development plan, the final development plan, as indicated in Section 94.03.00(1), has not been approved by the Planning Commission, the procedures and actions which have taken place up to that time shall be null and void and the Planned Development District and Tentative Tract Map shall expire. Extensions of time may be allowed for good cause. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final construction plans shall include site plans, building elevations, floor plans, roof plans, fence and wall plans, entry plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards, street improvement plans and other such documents as required by the Planning Commission. Final construction plans shall be submitted within two years of the Planning Commission approval. 9. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall bei submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down- lights shall be utilized. a. If lights are proposed to be mounted on buildings, down-lights shall be utilized. , b. A photometric study shall be required for all parking areas, driveways and entries. Page. 8 r C. Illumination levels in the parking area shall be an average of one-foot candle with a ratio of average light to minimum light of four to one (4:1). Architecture and Landscaping: 10. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit, Refer to Chapter 8.60 of the Municipal Code for specific requirements. 11. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Engineering specifications. 12. No exterior down spouts shall be permitted on any fagade on the proposed building(s) that are visible from adjacent streets or residential land commercial areas. 13. The maximum building height shall be 18' measured as the vertical distance plus eighteen (18) inches from the average grade at the curb adjacent to the property. 14. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. ' 15. The street address numbering/lettering shall not exceed eight inches in height. 16. Details of pool fencing (materials and color) and equipment area shall be submitted with final landscape plan. 17. The developer shall prepare and submit for approval with the final landscape plan a plan for the landscaping of the channel between the Phase I component and the Phase II component of the project. 18. The path of travel to the common recreation/pool area shall be compliant with the disabled access codes. 19. The restrooms at the Recreation/Pool area shall comply with disabled access codes. 20. Common area pool hours shall be closed between the hours of 10pm and 7 am. 21. Front yards shall be fully landscaped prior to issuance of a certificate of occupancy. The developer shall be responsible for completed front yard landscape, irrigation and exterior lighting plans. In addition, rear yards shall be landscaped within 90 days of occupancy per the CC&R's. The HOA will be responsible for enforcement of this requirement, 22. Project setbacks shall be as follows: ' Front Yard: 20' Side Yard — Interior Lot 5' Side Yard — Corner Lot 10, Rear Yard 15' Page 9 22. The minimum house size shall be 1,208 square feet, with a mix of housing sizes up to 2,778 square feet. Larger residences may be permitted as long as the building footprint is ' consistent with setback and lot.coverage requirements. The maximum lot coverage shall be 48% of the net lot area for the 200 series residences and 45% for the 100 series residences. Maximum lot coverage shall not be exceeded. 23. Turf shall be limited to active recreation areas (including private yards). 24. Additional trees shall be added to the street trees on the project perimeters and in front yards. 25. The utilization of desert vegetation shall be incorporated throughout the project site. General/Grading: 26. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 27. 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. 28. Drainage swales shall be provided adjacent to all curbs and sidewalks — 3' wide and 6" ' deep. The irrigation system shall be tested prior to final approval of the project. Section 14,24.020'of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. Parking: 29, One handicapped accessible parking shall be provided) adjacent to the recreation/pool area. It shall be van accessible. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces and the path of travel to the entry ways. 30. Standard parking spaces shall be 17 feet deep by 9 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two handicap spaces can share a common walkway. One handicap space shall be designated as "van accessible" and served by an 8 foot walkway on the right side. 31. Handicapped spaces shall by appropriately marked per Section 93.06.00 ( C)(10). 32. Parking stalls shall be delineated with a 4 by 6 inch double stripe or equivalent design — hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. POLICE DEPARTMENT , 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT J ' 1. Prior to any construction on—site, all appropriate permits must be secured. FIRE 1. 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) 2. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13' 6". 3. 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) 4. Project is beyond five-minute response time from the closest fire station and therefore automatic Fire Sprinkler System is required. 7. Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 ,CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 8. Access for fire fighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13' 6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 9. An operational fire hydrant or hydrants shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 10. 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. ENGINEERING The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, PHASES 1 - 2 STREETS Resolution 21146 t, } Page 11 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Any improvements within North Palm Canyon.Drive (State Highway 111) require Caltrans permits and approval of construction plans for all work done within State Highway 111 right-of-way. A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. 3. Submit street improvement plans for all proposed streets 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, NORTH PALM CANYON DRIVE (STATE HIGHWAY 111) 4, This development is subject to the review of the California Department of Transportation (Caltrans). Actual requirements of this development, including additional right-of-way dedications and/or improvements related to State Highway 111, shall be addressed by the developer to the satisfaction of the Caltrans District 8 Director, or other delegated authority, and the City Engineer. The required improvements for North Palm Canyon Drive (State Highway 111) as listed herein may be modified, deleted or other conditions added as required by Caltrans. All improvements shall be constructed in accordance with Caltrans standard drawings and specifications. 5. Abutter's rights of access shall be relinquished to the California Department of Transportation along the entire frontage, if not already relinquished by prior document. 6, Construct an 8 inch curb and gutter, 57 feet northeasterly of the centerline along the entire frontage. 7. Construct an 8 feet wide meandering sidewalk along the entire frontage. 8, Construct a minimum 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, where required to meet existing and proposed improvements, and as required by Caltrans. ON-SITE (PRIVATE) STREETS "A" THRU "G" 9. Dedicate an easement 37 feet wide extending from back of curb to back of curb to the City of Palm Springs for sewer purposes with right of ingress and egress, including service and emergency vehicles and personnel, over the private streets. 10. Dedicate an easement 57 feet wide for public utility purposes extending from,10 feet behind back of curb with right of ingress and egress over the private streets. it. 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. 12. Construct 6 feet wide cross-gutters at all intersections (where required)with a flow line Resolution 21146 Page 12 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. 13. The on-site street"knuckle" shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 14. The off=set cul-de-sac at the end of Street"C" shall be constructed with a minimum curb radius of 43 feet. 15. All on-site streets shall have a minimum centerline radius of 130 feet. 16, 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 StandarcV Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using W' values from the project site and submitted to the City Engineer for approval. 17. Narrowed pavement "chokers" shall be provided mid-block on all on-site streets as shown on the approved Tentative Tract Map. Pavement chokers shall be designed with a transition using 25 feet reverse curves and a 50 to 100 feet long, 24 feet wide (12 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick, or other pavement section as approved by the City Engineer. 18. Concrete box culverts or other approved flood control/drainage crossings shall be constructed across Lot"O" and Lot "M" of Tract Map 30963-1 to facilitate extension of Skyline Point and Alta Mira for Streets "A" and "D" across the retention basin and future .Riverside County Flood Control (RCFC) drainage channel. The design of the box culverts or other approved drainage structures shall be subject to the review and approval of RCFC and the City Engineer. Submit construction plans concurrently to RCFC and the City Engineer for review and approval. 19. The extensions of Skyline Point and Alta Mira from Tract Map 30963-2 and Tract Map 30963 over the flood control channels and retention basins into the development shall be designed with vertical curve alignment consistent with the California Department of Transportation Highway Design Manual's minimum standards for stopping sight distance on a vertical curve. Measures shall be provided, including installation of a 5,800 lumen high pressure sodium vapor safety street light, acceptable to the City Engineer such that minimum stopping sight distance is provided. ON-SITE(PRIVATE) DRAINAGE CHANNEL/PEDESTRIAN PATH 20. Construct a 30 feet wide drainage channel/pedestrian path through Lots "H", "I" and "J" as shown on the approved Tentative Tract Map. 21. Construct a 6 feet wide meandering sidewalk along the entire drainage channel. Measures, such as decorative paving, should be provided at each pedestrian crossing at Street "D", "E", and "G" to identify pedestrian crossing points. Adequate stopping sight distance shall be required for each pedestrian crossing point. SANITARY SEWER 22. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 23, 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. 24, 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 25, 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 etorrealbaicDAQMD.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: a copy of signed Conditions of Approval from Planning Department; a copy of the Tentative Tract Map stamped approved and signed by the Planning Department; a copy of a current Title Report; a copy of a Soils Report; and a copy of the associated Hydrology Study/Report. 26. 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. 27. 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. Resolution 21146 . J Page 14 28. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the City for dust control purposes associated with grading activities on the property. 29. 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. 30. Contact the Building Department to get information regarding the preparation of the PM- 10 (dust control) plan. 31. 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 32. Dedicate a drainage easement to the City of Palm Springs over that portion of the development identified as Lot"A" and Lot"B" on the Tentative Tract Map; a drainage easement 15 feet wide to the City of Palm Springs between Street "A" and "D" along the east.side of the project adjacent to Lot"Y"of Tract Map 30963-2 (identified as Lot"C" on the Tentative Tract Map); and dedicate an easement 50 feet wide to the City of Palm Springs for drainage purposes between Street "D" and the northerly tract boundary (identified as Lot "D" on the Tentative Tract Map). A separate drainage easement shall be dedicated to the City of Palm Springs across that portion of Street "A" between Lots "A" and "B" as necessary to facilitate future installation of Lateral 2A of the City of Palm Springs Master Drainage Plan (realigned or relocated as a result of the proposed development). These drainage easements shall be dedicated to the City for future use by the Riverside County Flood Control and Water Conservation District (RCFC) for Line 2 and Lateral 2A of the City of Palm Springs Master Drainage Plan. Retention/detention basins within the drainage easement may be used on an interim basis for management of on-site and off-site stormwater runoff, provided that the drainage easements are landscaped in a manner acceptable to the Director of Planning and Zoning. Provisions for maintenance of the drainage easements dedicated to the City shall be included in Codes, Covenants and Restrictions and shall be the responsibility of a Homeowners Association (HOA) created for this development. 33. Accept all stormwater runoff passing through and falling onto the site and conduct this runoff to approved drainage structures as described in the Preliminary Hydrology Report for Mountain Gate ll, Tentative Tract Map No. 32028, prepared by Mainiero, Smith and Associates, Inc., dated December 30, 2003. The developer shall be responsible for construction of drainage improvements, including but not limited to retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site Resolution 21146 r Page 15 stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for Tentative Tract Map 32028, as approved by the City Engineer. The preliminary Hydrology Report for Tentative Tract Map 32028 shall be amended to include catch basin sizing, storm drain pipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 34. Construct an on-site drainage system to collect and convey increased stormwater runoff to on-site retention basins. Submit storm drain improvement plans to the City Engineer for review and approval. Dedicate and reserve a private drainage easement across those portions of the development necessary to maintain perpetual and unrestricted use of the storm drain improvements and retention basins, identified as Lots "A"through "D", "F", and "H" through "J" on the Tentative Tract Map. All storm drain improvements, drainage easements, and retention basins shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the storm drain system, drainage easements and retention basins acceptable to the City Engineer shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this project. 35. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ' 36. 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. 37. All proposed utility lines shall be installed underground. 39. 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. 39. 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 plant; shall be submitted to the City Engineer for approval prior to construction. 40. 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. The existing overhead utilities across the property are required ' to be installed underground in order to facilitate the proposed development. The developer is advised to investigate the nature of these utilities, and the availability of undergrounding these utilities with respect to adjacent and off-site properties. 41. Contract Whitewater Mutual Water Company to determine impacts to any existing water Resolution 21146 : Page 16 lines and other facilities that may be located within the project. Make appropriate arrangements to protect in place or relocate any existing Whtiewater 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 Department prior to issuance of a certificate of occupancy. 42. 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. 43. 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 44. The developer shall de-annex Lots "Y" and "Z" of Tract Map 30963-2 from City of Palm Springs Parkway Maintenance District No. 10. The developer shall submit a deposit to the City in an amount to cover fees associated with an assessment engineer to facilitate the de-annexation process. The deposit shall be submitted prior to submittal of a final map. All final costs and fees necessary for the de-annexation of these Lots shall be paid by the developer, and the de-annexation process shall be completed prior,to approval of a final map. 45. If landscaping adjacent to North Palm Canyon Drive (State Highway 111) and 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 within Lot"A", and annex Lot "A" into the City of Palm Springs Parkway Maintenance District No. 10. The developer shall submit a deposit to the City in an amount to cover fees associated with an assessment engineer to facilitate the annexation process. All final costs and fees necessary for the annexation of this.Lot shall be paid by the developer, and the annexation process shall be completed prior to issuance of a certificate of occupancy. 46. Relinquishment of abutter's rights of access shall be dedicated to the City of Palm Springs along the northerly property line of Lots 50 through 78. 47. A Final Map for each phase (if phased)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 the 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. 48, Abandonment or relocation of record easements across the property is required in order to facilitate the development. The various record easements shall be extinguished, quit- claimed, relocated or abandoned to facilitate development of the subject property. Record easements shall be abandoned, wherever possible, in conjunction with and as part of the Final Map. In the event record easements are maintained and shown on the Final Map, but will be extinguished, relocated or abandoned as part of the construction of the project, proposed individual lots encumbered by record easements are rendered Resolution 21146 P ) Page 17 unbuildable until such time as the easements encumbering the individual lots are removed of record. Building permits may be issued on any individual lot encumbered by an existing record easement provided a copy of a Notice of Intent to vacate or extinguish the easement from the respective utility owner is provided to the City Engineer. No certificate of occupancy shall be issued for any individual Ilot encumbered by an existing record easement until such time as the record easement is extinguished, quit-claimed, relocated or abandoned, and a copy of the recorded document removing the encumbrance is provided to the City Engineer. TRAFFIC 49. Install street name signs at each street intersection in accordance with City of Palm Springs Standard Drawing No. 620-626. 50. 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. 51. Pay to the City.of Palm Springs the fair share contribution toward the construction of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection. The fair share contribution has been determined as 18.4% by the Traffic Impact Study Update for Tentative Tract Maps 30963 and 32028, prepared by Endo Engineering, dated January 19, 2004. This is a net increase of'7.2% over the original fair share contribution of 11.2% required by Tentative Tract Map 30963 (refer to Engineering Condition of Approval No. 67 adopted by the City Council on February 26, 2003). The developer shall post payment of$10,800.00 to the City of.Palm Springs prior to issuance of a certificate of occupancy. If installation of a traffic signal at the North Palm Canyon Drive (State Highway 111) and Gateway Drive intersection is requested by the developer in conjunction with the construction of this project, the developer shall be responsible for the design and installation of the traffic signal, pursuant to City and Caltrans approvals and permits. A traffic signal plan shall be submitted concurrently to the City and Caltrans for review and approval. The developer may enter into a reimbursement agreement with the City of Palm Springs for reimbursement of a maximum of 81.6% of the cost of the traffic signal construction, and shall receive reimbursement as adjacent properties develop and post payment for their fair share contribution towards its installation. The maximum reimbursement amount is a net decrease of 7.2% over the original maximum reimbursement allowed by Tentative Tract Map 30963 (refer to Engineering Condition of Approval No, 67 adopted by the City Council on February 26, 2003). 52. Pay to the City of Palm Springs the fair share contribution towards the construction of a traffic signal at the intersection of Indian Canyon Drive and Tramview Road. The fair share contribution has been determined as 9.2% by the Traffic Impact Study Update for Tentative Tract Maps 30963 and 32028, prepared by Endo Engineering, dated January 19, 2004. The developer shall post payment of$13,800.00 to the City of Palm Springs ' prior to issuance of the first certificate of occupancy for Tract 32028. This condition supercedes and replaces Engineering Condition of Approval No. 68 adopted by the City Council on February 26, 2003. In the event payment of the fair share contribution of $12,300.00 has been made to the.City in accordance with Engineering Condition of Approval No. 68 adopted by the City Council on February 26, 2003, the developer shall Resolution 21146 ^� Page 18 post payment of$1,500.00 to satisfy the revised mitigation measure identified by the Traffic Impact Study Update. 53. 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. 54. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of a building permit. 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