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HomeMy WebLinkAbout21191 - RESOLUTIONS - 1/19/2005 RESOLUTION NO. 21191 OF THE CITY COUNCIL OF THE CITY OF PALM ' SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM AND APPROVAL OF CASE NO. 5.0996 FOR PLANNED DEVELOPMENT DISTRICT 294 (PD-294) AND TENTATIVE TRACT MAP 31766 FOR THE CONSTRUCTION OF A 79-UNIT SINGLE FAMILY RESIDENTIAL DEVELOPMENT, LOCATED AT 1000 WEST RACQUET CLUB DRIVE, WEST OF VISTA GRANDE AVENUE, SOUTH OF TRAMWAY ROAD, ON APN#594-040-046, ZONE R-1-A, SECTION 3. WHEREAS, on February 19, 2004, Wessman Development ("Applicants") filed an application with the City pursuant to Sections 9403.00 and 9402.00 of the Zoning Ordinance for a Planned Development District and Preliminary Development Plan for a 79- unit single family residential project, for the property located at 1000 West Racquet Club Drive, south of Tramway Road and west of Vista Grand Avenue, on APN # 594-040-046, Zone R-1-A, Section 3; and WHEREAS, the applicant has filed an application with the City pursuant to Section 9.62.00 , et. seq. of the Municipal Code for Tentative Tract Map 31766 for the subdivision of a 42 acre parcel into a 79 numbered lots and additional lettered lots; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for a Tentative Tract Map and a Planned Development District 5.0996, PD-294 (PD 294)was issued in accordance with applicable law; and WHEREAS, said Planned Development District and Tentative Tract Map were submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code,with the request for their review, comment:; and requirements; and WHEREAS, on April 20, 2004, the Office of Neighborhood Involvement and Public Participation convened a neighborhood meeting to provide information on the project to the community; and WHEREAS, on May 10, 2004 and July 26, 2004, the Design Review Committee reviewed this project; and Resolution,21191 Page 2 ' residents to listen to their concerns; and WHEREAS, on November 4, 2004, at the Planning Commission Study Session, the Planning Commission reviewed the project; and WHEREAS, on November 10, 2004, November 24, 2004, December 8, 2004, and December 22, 2004 a public hearing on the application for Tentative Tract Map 31766, Planned Development District 294, the Mitigated Negative Declaration and Mitigation Monitoring Program was held by the Planning Commission was held in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented; and WHEREAS, on December 22, 2004, the Planning Commission voted to recommend that the City Council approve said project; and WHEREAS, on January 5, 2005, a public hearing on the application for Tentative Tract Map 31766, Planned Development District 294, the Mitigated Negative Declaration and Mitigation Monitoring Program was held by the City Council was held in accordance with applicable law; and ' WHEREAS, the City Council directed staff to prepare additional conditions for the project, regarding building height and locations, infrastructure and street improvements and re- naturalization of slopes using boulder stacking and landscaping; and WHEREAS, on January 19, 2005, the City Council met to review revised conditions of approval; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on 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, the City Council finds that, with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration and Mitigation Monitoring Program for the project. Section 2: Pursuant to Zoning Ordinance Section 94.02.00, the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's zoning ordinance. Resolution 21191 Page 3 pursuant to the Zoning Ordinance for the underlying R-1-A zone, single-family ' residential development(single family residences) is a permitted use. b. The said use is necessary or desirable for the development of the community, and is in harmony with the various elements or objectives of the General Plan, and is not detrimental to the existing or future uses specifically permitted in the zone in which the proposed use is to be located. The proposed project consists of subdividing 42 acres into 79 single-family lots. The site has a current zoning designation of R-1-A (minimum 20,000 square feet) and a General Plan designation of Residential Low (2du/ac). The applicant is proposing a Planned Development District (PDD) and Tentative Tract Map (TTM 31766). The project will be provided access from Racquet Club Road. The development will have secondary emergency-only access from Tramway Road and Vista Grande Avenue. Recreational amenities, including open space through the provision of a pedestrian trail around and through the project will be provided and maintenance will be under the auspices of the Home Owners Association. The PDD includes modified minimum lot sizes of 15,000 sq. ft. House sizes will range from 1,500 square feet to 2,845 square feet. The imaximum lot coverage is 35%, which is consistent with General Plan requirements. C. The site for the intended use is adequate in size and shape to accommodate said ' use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. This Planned Development District application proposes to provide specific development standards for the project as well as a preliminary development plan as provided for by Zoning Code Section 9403.00. Approval by the Planning Commission and City Council of the preliminary development will constitute approval of the Preliminary Planned Development District. Pursuant to the R-1-A zone, Section 92.01.01.D.10 of the Zoning Ordinance, in order to encourage a more creative approach in the development of land and to allow for more usable open space areas, large scale residential developments may be permitted on site of not less than four and one half acres of land. The land is required to be developed as an integrated unit, conforming to density and all other property development standards except that lot airea, lot dimensions, and yards may be modified: provided the overall development equals the general quality of development in this zone. A number of facts exist in support of this application for PD-294, including the provisions for common area improvements with areas devoted to the common open space trail and recreation amenity in addition to the provision of private rear yards proposed as part of this project The site is adequate in size and shape to accommodate the proposed uses, and , the proposed project is within allowable density of the underlying R-1-A. Resolution 21191 Page 4 d. The site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The proposed project will contribute to improvement of the existing street system that will serve the site, and with said improvements, the public street system will be adequate to carry the type and quantity of traffic to be generated by the proposed use. The project will also contribute to providing pedestrian connectivity in the neighborhood, through the provision of the 4,900 foot pedestrian trail. e. The conditions to be imposed are deemed necessary to protect the public health, safety and general welfare, of the existing neighborhood in which this project is situated. The conditions imposed are necessary to bring the project into compliance with applicable zoning, building, and other regulations to protect the public health, safety, and general welfare of the existing neighborhood in which this project is located. Section 3: Pursuant to 9.62.010 of the Palm Springs Municipal Code and Section 92.01.00 et. sec. of the Zoning Ordinance, the City Council finds that: a. The proposed Tentative Tract Map is consistent with all applicable general and ' specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the Residential L-2, Low-Density Residential, General Plan designation which governs the subject property as well as all property adjacent to the subject site. b. The design and improvements of the proposed Tentative Tract Map are consistent with the underlying R-1-A zone in which the property is located. The proposed project is consistent with existing development in the vicinity. The proposed lot sizes are consistent with existing development lots in the vicinity. The proposed uses, single family residences are consistent with existing residential development in the vicinity of the proposed project. C. The site is physically suited for this type of development. The project is surrounded on two sides, to the south and to the east by single family development. The proposed project is consistent with sound planning practices, utilizes existing infrastructure in the area, and continues the existing development patter. The project site and each lot contain adequate developable building area. The maximum building or lot coverage proposed is 35%, which is consistent with the General Plan. The project does not include leap-frog development characteristic of sprawl. There are no bodies of water, ravines, or significant topographic features ' on the subject property. d. The site is physically suited for the proposed density of development. Resolution 21191 Page 5 City zoning criteria for the underlying R-1-13 zone and L-2 General Plan designation ' encourage and allow for a more creative approach in the development of land, which allows for more usable open space areas. Pursuant to Section 92.01.00 of the Zoning Ordinance, large scale residential developments may be permitted on sites of not less than four and one half acres of land. The land is required to be developed as an integrated unit, conforming to density and all other property development standards except that lot area, lot dimensions, and yards may be modified, provided the overall development equals the general quality of development in this zone. The proposed project will allow for a housing opportunity which provides common open space amenities, public street and smaller lot sizes. This type of housing product has provided a necessary niche in the housing inventory for the City of Palm Springs. The General Plan Designation of L-2 permits establishment of a maximum of 2 dwelling units per acre for single family housing. The proposed project would consist of the development of a 42 acre site. The proposed density of Phase II is 79 units or 1.88 dwelling units per acre, less than the allowed 2 dwelling units per acre anticipated by the General Plan. The overall density allowed with the low density (1-2) General Plan designation is 84 units. Therefore the proposed density for the project is in accordance with the General Plan. e. The design of the subdivision is not likely to cause environmental damage or ' substantially and avoidably injure fish,wildlife, or their habitats. The Initial Study prepared for the project determined that the project is adjacent to existing developments to the south and east. Through the implementation of the proposed mitigation measures, any environmental impacts regarding animal or plant life will be reduced to a level of less than significant. There are no bodies of water on the subject property and therefore no fish will be disturbed. A number of easements transect the property. The Whitewater Mutual Water Company holds an easement for pipelines. An existing irrigation line is to be relocated and the easement quitclaimed regarding the Whitewater Mutual Water Company easement. Southern California Gas holds as easement for pipelines that will be quitclaimed. California Electric Power Company holds a 20' wide easement for pole line and incidental purposes that will be quitclaimed. California Water and Telephone Company hold a 10' wide easement for pole anchor purposes that will be quitclaimed. Lastly, Southern California Edison holds a 10' wide easement with facilities and those power facilities will be relocated and the easement quitclaimed. Resolution 21191 Page 6 ' NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby orders the filing of a Mitigated Negative Declaration and approves the Mitigation Monitoring Program for PD-294, approves PD-294 and Tentative Tract Map 31766, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of building permits unless otherwise specified. ADOPTED this 19th day of January, 2005. AYES: Members McCulloch, Mills and Mayor Oden NOES: Members Foat and Pougnet ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager 1 1 SAN RAFgEL DRIVE 9q bpi �pPO �A T'9y FRANCIS DRIVE ® �h�Pi �QPq }Oytl t yO�9L RAF�/� RACQUET CLUB R DAD l PROJECT SITE a p a u VISTACHINO m LL z TACHEVAH DRIVE 1 TAMARISKROAD Cm �m 9 ALEJQ ROAD GTP 9 w— 9! AMADO ROAD o PALp SPRING J REGIONAL z TAHQUITZ CANYON WAY � AIRPORT wN o �� 1 w BARISTO ROAD U Q U RAMON ROAD < o p ¢ SUNNY DUNES ROAD SUNNY DUNES ROAD ¢ id � U N MESQUITEAVENUE w MESQUITE AVENUE K V SONORA ROAD \ ESOOBADRIVE y C s Al, tAE�P{ RNS q w Ic�, o �,�` ?p('f1CgryRONO �O o z y w z z 0 a E p a w o now WN N Vicinity Map N "CRESCENDO" (TTM 31766) INITIAL STUDY NOT ro SCALE ' De Ns Associates EXHIBIT 2 PIANNINGlNG&ENVIRONMENTAL SERVICES �y 1 ' Resolution 21991 Page 8 EXHIBIT A CASE 5.0996 PD-294, CRESCENDO PRELIMINARY PLANNED DEVELOPMENT DISTRICT (PD #294) TENTATIVE TRACT MAP 31766 1000 WEST RACQUET CLUB DRIVE APN # 594-040-046 WESSMAN DEVELOPMENT FINAL CONDITIONS OF APPROVAL APPROVED: JANUARY 19, 2005 EXPIRES: JANUARY 19, 2007 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 5.0996, PD-294 and TTM 31766. 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, Resolution 21991 ' Page 9 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. 4. The applicant, prior to issuance of building permits, shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services 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, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 5. 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. 6. 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. 7. 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. 8. 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 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 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. Resolution 21991 Page 10 The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel. Environmental Assessment: 9. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration will be included in the plans prior to Planning Commission consideration of the environmental assessment Final Design: 10. 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 as provided below in Condition #11, 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. 11, 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, street improvement plans and other such documents as required by the Planning Commission and City Council. Final construction plans shall be submitted within two years of approval. The Final Planned Development District shall be reviewed and approved by the Planning Commission and City Council. 12. Pad heights and roof elevations shall be specified for each lot as a part of the Final Development Plan. 13. No retention basin may extend past property lines of the project site. 14, An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 15. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 16. A photometric study shall be required for the entries. Resolution 21991 ' Page 11 Architecture and Landscaping: 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. 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. 19. 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. 20. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. All walls shall be located back from top of slope to permit screening by landscaping and stacked boulders. Walls and fences shall be adequately and entirely screened by stacked boulders. 21. The street address numbering/lettering shall not exceed eight inches in height. 22. Details of fencing (materials and color) submitted with final landscape plan. 23. The path of travel to the common trail area shall be compliant with the disabled access codes. 24. Front and rear yards shall be fully landscaped prior to issuance of a certificate of occupancy. The landscape palate shall utilize drought tolerant species. Planting of turf shall be prohibited from front yards. Turf shall otherwise be limited to active recreation areas in rear yards only (including private yards). The utilization of desert vegetation shall be incorporated throughout the project site. The developer shall be responsible for installation of front and rear yard landscape, irrigation and exterior lighting. The HOA will be responsible for enforcement of these requirements. 25. Planned Development District (PD #294) development standards are approved as follows: Front Yard 10', with 20' to face of garage Side Yard — Interior Lot 10, , Side Yard —Corner Lot 12' Rear Yard—lot to lot 15' Rear Yard — backing to Local or Collector street 15' Rear Yard — Backing to Major Street 25' Height— Dominant ridgeline (over 50%) 18' Resolution 21991 Page 12 Projections and architectural features 21' No second story units shall be allowed within the development. All units shall be limited to a maximum height of 18 feet, with house projections limited to a maximum height of 21 feet. Lots greater than 30,000 square feet, shall be developed with custom residences. A total of nine lots (#1, 3, 9, 23, 24, 46, 47, 67 and 75) shall be developed with custom residences. 26. A perimeter pedestrian trail, a minimum of 6' (six foot) in width shall be required around the project. A minimum of three shaded seating areas, with water fountains and trash receptacles, shall be required. The specific locations of the seating areas shall be selected in consideration of maximizing views, while also maintaining the privacy of adjacent parcels. 27, Hillside related conditions: a) Disturbed areas not proposed for development shall be re-naturalized and re- vegetated. b) Utilize low lighting levels to avoid glare - c) All public utilities shall be located underground. d) Plant species native to the immediate region shall be used in all non- recreational landscaping located in or adjacent to open space areas. e) Project perimeters, slopes and retention basins shall be re-naturalized through the use of boulders and heavy landscaping. f) Special attention shall be taken to re-naturalize slopes and areas adjacent to project perimeters with boulders and heavy landscaping to the satisfaction of the Director of Planning Services g) Rock crushing —all sizes of rocks and boulders shall be retained for use in re- naturalizing slopes, which represent existing natural diversity of rock sizes. h) Retaining walls visible from the public right of way shall be completely screened by stacked boulders. i) Split level pads shall be required for all lots, unless as otherwise approved as part of the Final Planned Development District. General/Grading: ' 28. Maximum pad heights shall be specified for each lot and shall be approved as part of the Final Planned Development District. 29. 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. Resolution 21991 Page 13 30. 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. 31. 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. 31a. The Mitigation Monitoring Program requires weekly inspection of the crusher operation by the Building Official. At the option of the Building Official, or if compliance issues are discovered, applicant may be required to post a $10,000 deposit to pay for periodic inspection by an independent expert in rock crushing concerning compliance with this condition. The deposit shall be supplemented as drawn down to pay for necessary inspections. 31b. There shall be no rock breaking on site. The rock crushing shall be limited to rocks no greater than 3 feet in diameter. On-site watering shall include the rock crushing operation as necessary to control fugitive dust. POLICE DEPARTMENT ' 32, Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 33. Prior to any construction on—site, all appropriate permits must be secured. FIRE 34. 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) 35. Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13' 6". 36. 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) 37. Project is beyond five-minute response time from the closest fire station and therefore automatic Fire Sprinkler System is required. Resolution 21991 Page 14 38. 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. 39. 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) 40. An operational fire hydrant or hydrants shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. 41. Residential fire hydrants shall be installed in accordance with DWA or Mission Springs Water District specifications and standards. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants. ENGINEERING STREETS 42. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 43. 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. TRAMWAY ROAD 44. Tramway Road shall be constructed as a Special Street Section in accordance with the future General Plan and applicable Specific Plans. Improvements listed for Tramway Road that were required in accordance with the Improvement Certificate on Parcel Map 23130, as shown by Map on file in Book 181, Pages 50 to 53, inclusive, of Parcel Maps, records of Riverside County, California, consisting of construction of a 6 inch curb and gutter, 38 feet southeast of centerline along the entire frontage and construction of a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches of crushed miscellaneous base shall be deferred. The applicant shall deposit the engineer's estimate of the cost of the required improvements for construction by others in the future, prior to final map approval. 45. Construct a driveway from Tramway Road to the north end of "E" Street as necessary to provide emergency vehicle access into the development. The driveway shall be constructed of a suitable material (turf block) or decorative and colored concrete, subject to review and approval by the Director of Planning Services and Fire Marshall. Resolution 21991 ' Page 15 46. The applicant shall coordinate with the Tramway Authority regarding construction scheduling and coordination of work occurring on Tramway Road. RACQUET CLUB ROAD 47. Construct a wedge curb, 32 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. The wedge curb shall have a design providing the necessary storrnwater runoff capacity required for the street, and shall be subject to the review and approval by the City Engineer. 47a. In lieu of the secondary thoroughfare designation in the current General Plan, developer may construct Racquet Club Road to a two lane collector street section with a wedge curb located 20 feet north of centerline, and provide additional landscaping approved by the Director of Planning Services within the right-of-way required by the current General Plan. In such case, developer shall enter an agreement with appropriate security to construct Racquet Club Road to a secondary thoroughfare designation in accordance with the current General Plan, but shall be excused from such requirement if in the General Plan revision process the ultimate configuration for Racquet Club Road is reduced from a secondary thoroughfare to a collector street. 48. Construct a new 54 feet wide street intersection for "A" Street, located ' approximately 320 feet west of the intersection of North Leonard Road, and a new street 54 feet wide intersection for"E" Street, located approximately 15 feet east of and just offset from the intersection of North Milo Drive, both as shown on the approved Tentative Tract Map, with 25 feet radius curb returns and spandrels, and a 6 feet wide cross gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 49. Construct a Type A curb ramp meeting current California State Accessibility standards at each side of the intersections of"A" and "E" Street and Racquet Club Road in accordance with City of Palm Springs Standard Drawing No. 212. 50. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches of crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement at centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 51. The applicant shall propose a decorative treatment for the west end of Racquet Club Road with appropriate traffic signs, subject to the review and approval by the City Engineer. VISTA GRANDE AVENUE 52, Construct a wedge curb, 5 feet west of centerline. 'The wedge curb design shall be subject to the review and approval by the City Engineer. Resolution 21991 Page 16 53. Construct a 20 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 at the corner of Vista Grande Avenue and Girasol Road for service and emergency vehicle access into the development, or as otherwise approved by the Fire Marshall. 54. Construct a driveway from the driveway approach at the corner of Vista Grande Avenue and Girasol Road to the north end of "D" Street as necessary to provide emergency vehicle access into the development. The driveway shall be constructed of a suitable material (turf block) or decorative and colored concrete, subject to review and approval by the Director of Planning Services and Fire Marshall. 55. Construct a minimum pavement section of 2'/ inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from clean sawcut edge of pavement to edge of proposed gutter along the entire frontage. Additional pavement removals or asphalt concrete pavement overlay shall be installed in order to construct a cantilevered pavement section with a cross-slope of 2% from the proposed curb face. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R"values from the project site and submitted to the City Engineer for approval. ON-SITE STREETS 56. All centerline radii shall be a minimum of 130 feet. 57. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs standards with a minimum 43 feet curb radius. 58. All "knuckles" for on-site streets shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 59. Dedicate an easement extending from back of curb to back of curb to the City of Palm Springs for public utility purposes, and for service and emergency vehicles and personnel ingress and egress, over the private streets. 60. Dedicate an easement, 30 feet wide (or as required by the City Engineer and Fire Marshall), for emergency vehicle ingress and egress, over Lot 24 as necessary to provide access from Vista Grande Avenue to the north end,of "D" Street. This access shall be limited to emergency access purposes only. 61. Dedicate an easement, 30 feet wide (or as required by the City Engineer and Fire Marshall), for emergency vehicle ingress and egress, over Lots 47 and 66 as necessary to provide access from Tramway Road to the north end of"E" Street. 62. Construct a concrete wedge curb or rolled curb, 14 feet on both sides of centerline along the entire frontages, and throughout the cul-de-sacs. The on-site streets shall be constructed with a typical crowned cross-section. The pavement section shall be constructed using decorative colored concrete or pavers, subject to the review and approval by the Planning Commission. Resolution 21991 ' Page 17 63. Parking shall be restricted along one side of all on-site streets, as necessary to maintain a 20 feet wide clear travel way. A sign program or other process, acceptable to the City Engineer, shall be provided that satisfies the parking restrictions. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Codes, Covenants and Restrictions required for the development. 64. 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. SANITARY SEWER 65. All sanitary facilities shall be connected to the public;sewer system. Sewer laterals shall not be connected at manholes. 66. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 67 If sewer service is required from Racquet Club Road, extend the existing 8 inch sewer main across the entire Racquet Club Road frontage as required by the City Engineer. 68. Construct an 8 inch sewer main within all on-site streets and connect to the existing public sewer system. Connection to the public sewer system shall be made using an 8 inch lateral connection to the public sewer main, and not into an existing manhole or with a new manhole. 69. Reserve sewer easements across interior lots as necessary to implement the on- site private sewer system. 70. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions, and Restrictions (CC&R's) required for this project, unless as provided for below in Condition #71. 71 If the on-site sewer system is constructed in a manner avoiding sewer mains located within interior side yards and across fill slope areas, and is not constructed within decoratively paved streets (colored concrete or pavers), the on-site sewer system may be publicly maintained by the City subject to the approval of the City Engineer. Acceptance of the on-site sewer system for public maintenance shall be subject to the following provisions: a. All sewer mains constructed by the developer and to become part of the ' public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. b. Easements with a minimum width of 20 feet shall be dedicated as necessary Resolution 21991 Page 18 to implement the on-site sanitary sewer system. The sewer easements shall be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of the sewer system within the easements. Construction of permanent structures, patios, swimming pools and equipment, concrete and patio decks, shall not be allowed. Planting of large trees or other planting material with invasive or deep root structures shall be restricted. Installation of boulders within the easements shall not be allowed. Sewer easements shall not be located within cut or fill slope conditions. c. Provisions for maintenance of the public sewer easements, acceptable to the City Engineer, shall be included in the Covenants, Conditions, and Restrictions (CC&R's) required for this development. Notice shall be clearly included in the CC&R's defining the restrictions of development within the public sewer easements across the various lots within the development. The CC&R's shall advise the property owners of the City's right to enter the properties, clear and remove any and all obstructions within the easement, and give the City right to charge all costs incurred in enforcing this provision to the Homeowners Association. The CC&R's shall also advise the property owners of the fact that the City is not required to replace in like kind any landscaping or other improvements within the easements in the event repair or replacement of the existing sewer or system is required, and that the City ' shall be limited to leaving the property in a rough graded condition following any such repair or replacement. GRADING 72. 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 Engineering Division 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 Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. Resolution 21991 Page 19 The first submittal of the Grading Plan shall include the following information: a copy of the final approved conformed copy of the Conditions of Approval; a copy of the final approved conformed copy of the Tentative Tract Map and/or Site Plan; a copy of a current Title Report; a copy of the amended Geotechnical/Soils Report; and a copy of the associated Hydrology Study/Report. 73. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 74. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 75. 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 (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). 76. Rock crushing operations on-site during rough grading shall be performed in a manner that maintains a sufficient supply of natural boulders for use in, re- naturalized fill slopes and retaining walls, and in perimeter landscaped parkways. 77. The perimeter of the project shall be redesigned by softening the exterior of the project by decreasing the perimeter cut and fill slopes from a maximum of 2:1 to a maximum of 3:1 or 4:1 as approved by the of Planning Services and the City Engineer, including the use of landscaping and boulders. Slopes shall be softened by reducing slope heights and through the use of landscaping and boulders to achieve a natural appearance. All project fill slopes shall be re-naturalized by using a "Permeon" spray treatment to restore the natural desert varnish. 78. The final rough grading plan shall be subject to the review and approval by the City Council as part of its review of the Final Planned (Development District. A rough grading permit shall not be issued prior to the City Council's review and approval of the rough grading plan and the Final Planned Development District. DRAINAGE 79. 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 Tentative Tract Map 31766, prepared by Hunsaker & Associates (as may be amended and/or revised). The applicant shall be responsible for construction of drainage improvements, including but not limited to ' Resolution 21991 Page 20 retention/detention basins, catch basins, storm drain lines, and outlet structures, for conveyance of off-site stormwater runoff and management of on-site stormwater runoff, as described in a final Hydrology Report for the development, as approved by the City Engineer. The preliminary Hydrology Report for the development 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. 80. The retention basin located at the southeast corner of the project adjacent to Racquet Club Road shall be revised to decrease the overall depth by increasing its size and lowering the adjacent berm and fill slope, and shall be subject to the review and approval of the final rough grading plan by the City Council. 81. An existing 25 feet wide drainage easement exists across the western boundary of the development. This easement exists for the purpose of constructing Line 2 from the Master Drainage Plan of the Palm Springs Area, in coordination with Riverside County Flood Control District (RCFC). Realignment of the existing drainage easement within "G" Street, as proposed on the Tentative Tract Map, will require approval of RCFC, following review and approval of storm drain improvement plans for Line 2 from the Master Drainage Plan of the Palm Springs Area. The applicant shall be responsible for preparing a complete set of storm drain improvement plans for the entire reach of Line 2, from the southern edge of Chino Canyon to the Chino Canyon Levee. Plans shall be submitted to RCFC for review and approval. Prior to issuance of a certificate of occupancy, the applicant shall construct the segment of Line 2 across the project, and extensions north and south of the property, acceptable to the City and RCFC, sufficient to avoid future impacts to property owners within the development. Upon the completion of the construction of Line 2 within "G" Street, following RCFC acceptance, the City shall initiate proceedings to vacate the existing 25 feet wide drainage easement across the western boundary of the project, and shall quitclaim the 12 feet wide temporary construction easement. 82. In the event the design of Line 2 is not completed prior to final map approval, the existing 25 feet wide drainage easement and 12 feet wide temporary construction easement located across the western boundary of the property shall remain. A Covenant shall be prepared and recorded against Lots 75 through 79 restricting construction on the lots until Line 2 is constructed. The applicant shall deposit $2,000 with the City for preparation of the covenant by the City Attorney and shall be responsible for all costs in the preparation and approval thereof. The Covenant shall be executed prior to final map approval, and shall be recorded by the City with the final map. 1 Resolution 21991 ' Page 21 83. The project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. 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. Validated costs incurred for the design and construction of Line 2 may be credited toward the drainage fee otherwise due. The applicant shall provide copies of all invoices and fees, and appropriate records evidencing payment of design and construction costs related to Line 2-in order to receive credit toward the required drainage fee. 84. All residential lots shall be designed to provide adequate drainage to the adjacent on-site streets. Drainage shall be accommodated in a manner that does not interfere with the split level pads of the lots. GENERAL 85. All on-site and off-site street improvements, and all perimeter landscaping and parkway improvements shall be completed prior to issuance of the first certificate of occupancy (excluding certificates of occupancy issued for model homes). 86. A 6 feet wide meandering pedestrian trail system shall be constructed along the perimeter of the development providing public access into and around the property. ' Appropriate rest stops shall be provided along the pedestrian trail system with public access to make this feature a recreational amenity. The pedestrian trail system shall be constructed to the satisfaction of the City Engineer and Planning Commission, using decorative colored concrete or other ADA acceptable material. Easements for public access into and around the property shall be dedicated to the City on the final map as required to allow public use of the pedestrian trail system. 87. 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. 88. All proposed utility lines shall be installed underground. 89. All existing utilities shall be shown on the grading and street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 90. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built' information and returned to the Engineering Division, prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 91. The existing overhead utilities across the northerly property lines shall be installed ' underground. Resolution 21991 Page 22 92. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. 93. Nothing shall be constructed or planted in the corner cut-off area of any driveway 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. 94. 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 95. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. ' A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 96. Prior to approval of a final map, the applicant shall dedicate to the City of Palm Springs, by separate instrument, a 12 feet wide temporary construction easement adjacent to the east side of the 25 feet wide drainage easement, for the purposes of the future construction of Line 2 from the Master Drainage Plan of the Palm Springs Area in its original alignment (as required by the Improvement Certificate recorded concurrently with Parcel Map 23130). 97. In accordance with Section 66434 (g) of the Government Code, the westerly 23 feet of Vista Grande Avenue may be abandoned upon the filing of a Final Map identifying the abandonment of the right-of-way dedicated to the City of Palm Springs. TRAFFIC 98. Furnish and install a decorative street light at the northwest corners of the project's main entrances ("A" and "E" Streets) on Racquet Club Drive to the satisfaction of the Director of Planning Services and the City Engineer. 99. Submit traffic striping plans for improvements to Racquet Club Road prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer. Resolution 21991 ' Page 23 100. Street name and stop signs shall be required at each on-site street intersection, as required by the City Engineer. Developer shall create a street name sign system reflective of special neighborhood standards. 101. A 24 inch stop sign and standard stop bar and legend shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 each exit onto Racquet Club Road ("A" and "E" Streets). 102. 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. 103. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permits. 1