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HomeMy WebLinkAbout21198 - RESOLUTIONS - 2/2/2005 RESOLUTION NO. 21198 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVAL OF CASE NO. 5.1020 FOR PLANNED DEVELOPMENT DISTRICT 304 AND TENTATIVE TRACT MAP 31940 TO SUBDIVE A 4.97 ACRE SITE INTO FORTY-THREE (43) LOTS AND LETTERED LOTS "A" — "I" FOR THE CONSTRUCTION OF FORTY—THREE (43) DETACHED SINGLE-FAMILY RESIDENCES AND ASSOCIATED OFF-SITE IMPROVEMENTS, INCLUDING APPROVAL OF THE PROPOSED SPECIAL (MODIFIED) 50 FOOT RIGHT-OF- WAY FOR ZANJERO ROAD, LOCATED AT THE NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD, ON APN 504-140-005/ 504-140- 006/ 504-140-015, ZONE R-2, SECTION 3. WHEREAS, on August 31, 2004, Palm Springs Modern Homes IV, LLC 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 43-unit single family residential project, for the property located at the northwest corner of Racquet Club Road and Zanjero Road, on APN # 504-140-005/ 504-140-0061 504-140-015, Zone R-2, 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 31940 for the subdivision of a 4.97 acre parcel into a 43 numbered lots and additional lettered lots "A" -"I" ; 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 31940 and Planned Development District 304 (Case 5.1020), 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, comments and requirements; and WHEREAS, on October 8, 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 October 11, 2004, the Design Review Committee reviewed and recommended approval of this project; and WHEREAS, on December 8, 2004, a public hearing on the application for Tentative Tract Map 31940 and Planned Development District 304 was held by the Planning Commission in accordance with applicable law; and Res. 21198 Page 2 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 8, 2004, the Planning Commission voted to recommend that the City Council approve said project; and WHEREAS, on February 2, 2005, a public hearing on the application for Tentative Tract Map 31940 and Planned Development District 304 was held by the City Council was held in accordance with applicable law; 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 the project is categorically exempt from environmental review under California Environmental Quality Act (CEQA) section 15332 — Infill Development Projects (Class 32). The proposed development is less than five acres in an area of the City substantially surrounded by urban uses and can be readily served by all required utilities and public utilities. Section 2: Pursuant to Zoning Ordinance Section 94.03,00, the City Council finds that: ' a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's zoning ordinance. Pursuant to the Zoning Ordinance for the underlying R-2 zone, small lot detached 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 project is consistent with the General Plan Land Use Map, including permitted densities. C. With the proposed Planned Development District standards, 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 94.03.00. Approval by the Planning Commission and City Council of the preliminary development will constitute ' approval of the Preliminary Planned Development District. Page 3 ' The proposed project is within allowable density of the underlying R-2 zone and the General Plan designation. 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 extension of sidewalks on Racquet Club Road, Zanjero Road and Cortez Road. Zanjero Road is classified as a collector street on the General Plan Circulation Map. Collector streets are required to have 60 feet of right-of-way with a curb- to-curb (paved) width of 40 feet. The applicant has requested a special or modified 50 foot instead of the standard 60 foot right-of-way street cross-section for the Zanjero frontage of the project. The proposed curb to curb width or street paving would be the standard 40 feet. The 10 foot reduced right-of-way is sufficient since the applicants are acquiring a 13 foot easement along the west side of Zanjero Road from the Whitewater Mutual Water Company. ' 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 M-15 (Medium - 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-2 zone in which the property is located. The proposed project is consistent with existing development in the vicinity. The ' proposed small lot detached 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 all sides by development. The proposed project is consistent with sound planning practices, utilizes existing infrastructure in the area, and continues the existing development pattern. The project site and each lot contain adequate developable building area. The proposed infill project is surrounded by development. 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. The proposed project is consistent with the General Plan. The site's General Plan land use designation is M-15 (Medium-Density Residential). This designation allows traditional single-family homes, garden apartments, mobilehome parks, multiple-family, hotels and similar residential dwellings. The proposed project's 8.7 dwelling units per gross acre is lower than the General Plan's M-15 threshold density of twelve (12) and the maximum density of fifteen (15) dwelling units per acre. The project is compatible with surrounding,development which includes single- family dwellings to the north, condominiums to the east, single-family homes and vacant land to the south and a church and neighborhood shopping center to the west. Development of the infill site with small lot single-family residential homes is positive for this neighborhood as it transitions from older to newer development. This project would add housing options for the community. Additionally, new households would help provide needed market support for the struggling neighborhood shopping center at the corner of Racquet Club Road and Palm Canyon Drive. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. There are no bodies of water on the subject property and therefore no fish will be disturbed. There will be minimum impact on wildlife on their habitats. The project is categorically exempt from environmental review under California Environmental Quality Act (CEQA) Section 15332 — Infill Development Projects (Class 32). The proposed development is less than five acres in an area of the City substantially surrounded by urban uses and can be readily served by all required utilities and public utilities. 1 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves PD-304 and Tentative Tract Map 31940, 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 2Id day of February, 2005. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager i r 'I'I,II W. '{`, 11 Res'. 2 198 I I. Page 6 i i :D 77 - — J ' t I III I � F I � •4..�it l .�' arP�r.� ,{"f " �' B q J- I a 4LOU of a L��tvll ! IPj I Ij.'<'=\ f III�� Meow R R tt I Ea$ 0.n n n 1 I L."u,I III y ia,» q I I y lg +s e q � A,"66 - �9 �{ IP RpI�l wu. QPS'�q°�a•� OI q LaT� n p„y e $ � &Vold �, I- •�' -*may �'-' '�� n� �'@ F { 'v i t i 3 q r m 1_ a EMIR I� Res. 21198 Page 7 ' EXHIBIT A CITY OF PALM SPRINGS CONDITIONS OF APPROVAL Case No. 5.1020 PLANNED DEVELOPMENT 304 &TTM 31940 PALM SPRINGS MODERN HOMES IV, LLC NORTHWEST CORNER OF RACQUET CLUB ROAD AND ZANJERO ROAD JANUARY 19, 2005 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1020. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences Res. 21198 Page 8 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. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single- family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. 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. 6. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government 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 to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. CC & R's 7. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 8. The applicant shall submit to the City of Palm Springs, a deposit for the review of , the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Page 9 Cultural Resources 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 10. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, Department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 12. 'The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations,'floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. ' 13. Maximum building heights shall be limited to 23'-2" measured from the building pad elevations, as specified in Tentative Tract Map 31940. If pad elevations are subsequently raised, maximum building height measurements will be taken from the approved Tentative Track Map. Res. 21198 Page 10 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 Services prior to the issuance of building permits. Manufacturer's cut sheets of tin 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. No lighting of the hillside is permitted. 15. All roof mechanical equipment screening shall be painted to match the buildings they are located on. 16. Street trees and other trees and shrubs shall be densely planted along the Racquet Club Road frontage. They shall be included in the detailed landscape and sprinkler plan to be submitted to and approved by the Director of Planning Services or designee. 17. Additionally, the shade structures that cover the guest parking, adjacent to the retention basin, shall be softened with the addition of vines. 18. Resident only pedestrian access gates shall be included in the perimeter wall at the end of private streets "E" and "F". GENERAL CONDITIONS/CODE REQUIREMENTS 19. 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. 20. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 21. 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. 22. All materials on the flat portions of the roof shall be earth tone in color. 23. All awnings shall be maintained and periodically cleaned. 24. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the , purpose of screening. Parapets shall be included in the wed building height. 25. No exterior downspouts shall be permitted on any facade on the proposed building(s) from adjacent streets or residential and commercial areas. Res. 21198 Page 11 26. Perimeter walls shall be designed, installed and maintained in compliance with ' the corner cutback requirements as required in Section 9302.00.D. 27. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 28. The street address numbering/lettering shall not exceed eight inches in height. 29. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 30. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 31. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 32. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 33. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. ' 34. Prior to the issuance of building permits, locations of all telephone and electrical boxes located on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 35. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 36. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 37. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. ' 38. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. Res. 21198 Page 12 39. Any parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. ' 40. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading.requirements. 41. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 42. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. Waste Disposal 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. POLICE DEPARTMENT 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT , 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE 1. Premises Identification: 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) 2. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). 3. Operational Fire Hydrants: An operational fire hydrant(s) 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. 4. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323- 8186 for a KNOX application form. (902.4 CFC) 5. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 6. Entry Gates: Entry gates are required to be a minimum of 15 feet in width. ' Res. 21198 Page 13 7. Road Design: Fire apparatus access roads shall be designed and constructed ' capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 8. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired, provide an additional 8 foot wide parking lane with opposing curb marked red with appropriate signage for a total 28 foot width. If parking on both sides of the access road is desired, provide an 8 foot wide parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC) 9 Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 20 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC) ENGINEERING DEPARTMENT 1. 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. 2. Before final acceptance of the project, all conditions listed below shall be ' completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of building permits. CORTEZ ROAD 3. Dedicate an additional right-of-way of 30 feet along the entire frontage of that portion of the property identified by Assessor's Parcel Numbers 504-140-005 and 504-140-006. 4. Remove and reconstruct the existing cross gutter, curb returns, and spandrels located at the intersection of Cortez Road and Zanjero Road as necessary to facilitate the relocated alignment of Zanjero Road. 5. Construct a 6 inch curb and gutter, 20 feet south of centerline along the entire frontage, with a 25 feet radius curb return and at the southwest corner of the intersection of Cortez Road and Zanjero Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct a 32 feet wide driveway approach for the main entrance in accordance with City of Palm Springs Standard Drawing No. 205. Res. 21198 Page 14 7. Construct a 15 feet wide emergency access driveway approach located approximately 85 feet west of the northeast corner of the property in accordance ' with City of Palm Springs Standard Drawing No, 201. 8. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 9. Construct a Type C curb ramp on either side of the main entrance in accordance with City of Palm Springs Standard Drawing No. 214. 10. Construct a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire Cortez Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. 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. RACQUET CLUB ROAD 11. Easements shall be granted for any portions of the sidewalk that leave the public right-of-way. 12. Remove and reconstruct the existing curb return, cross gutter and spandrel as ' necessary to facilitate the relocated alignment of Zanjero Road. 13. Construct a 5 feet wide sidewalk along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 15. Construct a Type A curb ramp meeting current California State Accessibility standards at the northwest corner of the intersection of Racquet�Club Road and Zanjero Road in accordance with City of Palm Springs Standard Drawing No. 212. 15. All broken or off grade street improvements shall be repaired or replaced. ZANJERO ROAD 16. Acquire an additional right-of-way of 20 feet across that certain 33 feet wide parcel of land identified as a Whitewater Mutual Water Company easement adjacent to the property as necessary to provide an ultimate right-of-way of 50 feet and to facilitate the relocated alignment of Zanjero Road. 17. Remove the existing curb, gutter, and spandrel located 5 feet west of the new street centerline and construct a 6 inch curb and gutter 15 feet west of centerline along the entire frontage, with a 35 feet radius curb return and spandrel at the northwest corner of the intersection of Zanjero Road and E. Racquet Club Road ' in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Res. 21198 Page 15 19. Construct a minimum pavement section of 3 inches asphalt concrete pavement ' over 6 inches 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 along the entire Zanjero Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. 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. PRIVATE STREETS 20. Dedicate easements extending from back of curb to back of curb to the City of Palm Springs for public utility and sewer purposes, and for service and emergency vehicles and personnel, over the private streets. 21. Street "E" shall be constructed with a modified "knuckle" as necessary to provide adequate site distance at the 90 degree turn, as approved by the City Engineer, with details to be worked out between applicant and staff. 22. Street "E" and Street "F" shall be realigned to intersect at a 90 degree angle. 23. Construct a wedge curb approved by the City Engineer, 12.5 feet on both sides of centerline along the entire frontage of the private streets. ' 24. Construct a minimum pavement section of 2'Y2 inch asphalt concrete pavement over 4 inch crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 25. The gated entry design shall be reviewed and approved by the City Engineer. Submit a detailed entry design showing storage lanes and maneuvering areas. Include standard vehicle and truck turning radius track lines on the detail. Sufficient storage shall be required (50 feet minimum) for vehicles entering the gated project, and a turn-around maneuvering area shall be provided for vehicles unable to enter the project. Final design shall also be subject to review and approval by the City Engineer. SANITARY SEWER 26. Submit sewer improvement plans prepared by a California registered Civil Engineer to the Engineering Department. The plans shall be approved by the City Engineer prior to issuance of any grading or building permits. 27. Construct an 8 inch sewer main within the on-site private streets and connect to the existing sewer main located in Zanjero Road. Existing sewer laterals to the parcels from Cortez Road shall be plugged and abandoned. All sewer mains ' constructed by the developer and to become part of the public sewer system shall be televised by the developer prior to acceptance of the sewer system for maintenance by the City of Palm Springs. GRADING ' 28. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval, 'The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. 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 first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 29. Drainage swales shall be provided adjacent to all/ curbs and sidewalks to keep nuisance water from entering publicly utilized streets, roadways, or gutters. 30. 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. 31. In accordance with City of Palm Springs Municipal Code, Section 8,50.025 (c), the developer 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. 32. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral pairt 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. 33. 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 Res. 21198 Page 17 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). DRAINAGE 34. 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 Tract Map No. 31940, prepared by MSA Consulting, Inc., dated June 30, 2004 (as may be amended and/or revised). 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 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. 35. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511 per acre per Resolution No. ' 15189, Fees shall be paid prior to issuance of a building permit. GENERAL 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. 38. All existing utilities shall be shown on the grading/street 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 plans 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 and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or ' transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. Res. 21198 Page 18 The existing overhead utilities across the south property lines of the properties identified by Assessor's Parcel Numbers 504-140-005 and 504-140-006 meet the ' requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title: report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. The applicant is to provide sufficient information to the Engineering Department in order for staff to verify whether the existing utility poles are on or adjacent to the applicant's property. 41. 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. 42. 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. 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. 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. 45. In accordance with Section 66434 (g) of the Government Code, the existing 30 ' feet of right-of-way for the west half of Zanjero Road dedicated to the City through a grant of right-of-way, recorded as Document No. 9639 on January 15, 1979, may be abandoned upon the filing of a Final Map identifying the abandonment of the portion of right-of-way for Zanjero Road granted to the City Res. 21198 Page 19 of Palm Springs. Prior to approval of a Final Map, the developer shall coordinate with each public utility company and determine specific requirements as to the ' abandonment and/or relocation of existing underground utilities that may exist within the public right-of-way to be abandoned. Prior to approval of a Final Map, the developer shall provide to the City Engineer a letter of approval regarding the proposed abandonment of the portion of Zanjero Road right-of-way from each public utility agency. The acquisition of 20 feet of right-of-way for Zanjero Road across the easterly portion of that certain 33 feet wide parcel of land identified as a Whitewater Mutual Water Company easement adjacent to the property shall be obtained prior to approval of a Final Map and abandonment of the existing right- of-way for Zanjero Road. 46. In the event it is determined that a public utility or public agency requires the use of, now or in the future, the subject portion of Zanjero Road right-of-way proposed for abandonment, a Final Map will not be approved and the proposed development will require reconfiguration, redesign, and resubmittal, including processing of an amended Tentative Tract Map through the Department of Planning Services, as required by the Director of Planning Services. TRAFFIC 47. A minimum of 48 inches of sidewalk clearance shall be provided around all above-ground facilities for handicap accessibility. 48. Street name signs shall be required at each intersection, as required by the City Engineer, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 49. A 24 inch stop sign with standard stop bar and legend shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 at the main entrance and Cortez Road. 50. A 24 inch stop sign with standard stop bar and legend shall be installed in accordance with City of Palm Springs Standard Drawing Nos. 620-625 on Cortez Road at Zanjero Road. 51. 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. 52. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.