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HomeMy WebLinkAbout21328 - RESOLUTIONS - 7/6/2005 RESOLUTION NO. 21328 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1037 TTM33161-AN APPLICATION BY SHERMAN ASSOCIATES FOR A TENTATIVE TRACT MAP AND PRELIMINARY PLANNED DEVELOPMENT DISTRICT, TO SUBDIVIDE 5.95 ACRES INTO 32 LOTS FOR FUTURE CONSTRUCTION OF 32 DETACHED RESIDENCES, LOCATED BETWEEN LAS VEGAS ROAD AND RADIO ROAD WEST OF INDIAN CANYON DRIVE, ZONE R2, SECTION 34, APN 669-441-013. WHEREAS, Sherman Associates ("Applicant") has filed an application with the City pursuant to Section 9.62 of the Municipal Code, Section 94.03.00 of the Zoning Ordinance and Section 92.25.00 of the Zoning Ordinance for a Tentative Tract Map, Planned Development District to allow the construction of 32 detached single family residences, a private street and pavement, and a mini- park located between Radio Road and Las Vegas Road west of Indian Canyon Drive, Zone R-2, Section 34, APN 669441013; and WHEREAS, a neighborhood meeting was held by the applicant with staff attendance at the James O. Jesse Community Center on May 10, 2005; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the application for Case 5.1037, PD-309 and TTM33161 was given in accordance with applicable law; and WHEREAS, on June 8, 2005, a public hearing on the project was held by the Planning Commission in accordance with applicable law; and WHEREAS, on June 8, 2005, the Planning Commission of the City of Palm Springs voted to recommend approval of the project; 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, and all written and oral testimony presented; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider Case 5.1037, PD 309, and Tentative Tract map 33161 was given in accordance with applicable law; and WHEREAS, on July 6, 2005 a public hearing on the application for Case 5.1037, PD 309, and Tentative Tract Map 33161 was held by the City Council in accordance with applicable law; and Resolution No. 21328 Page 2 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, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY DOES RESOLVE AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds as follows: The Initial Study and Mitigated Negative Declaration adequately addresses the general setting of the project, its potentially significant impacts, and the mitigation measures related to each significant effect for the proposed project. The City Council further finds that with the adoption of proposed Mitigated Negative Declaration. With the mitigated potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. Section 2: Pursuant to Section 94.02.00 of the Zoning Ordinance: a. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this , Zoning Code; b. The proposed density does not exceed the General Plan requirements. c. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; d. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; e. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The proposed project is serviced by a collector street (Radio Road) and a local street (Las Vegas Road) that has the capacity to carry the type and ' quantity of traffic expected to be generated by the residential and commercial uses. Resolution No. 21328 Page 3 f. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The conditions of approval imposed are necessary to protect the public health, safety and general welfare. Section 3 Pursuant to Zoning Ordinance Section 94.03.00, the City Council finds that: a. The detached single family residential is a permitted use in the R2 zone in conformity with the required findings and conditions as set forth in the zoning ordinance, the General Plan and sound community development. b. A full range of development standards is established appropriate to the orderly development of the site which shall include the following: Table 2.0 --Zone R2 and Proposed Development Standards Development R2 Development Standards Proposed Standards Lot area 20,000 5624 sq. ft.-8314 sq. ft. Minimum Width Interior-130 feet 60 ft. -105 ft. Corner-140 feet Reversed corner-145 feet Culdesac-130 feet Minimum Depth 150 feet 64 ft.-126 ft. Front Yard 25 feet 42 ft.-5 ft. Side Yard 10 ft. minimum 19 ft.-5 ft Rear Yard 10 ft minimum-Lots backing on R1-min. of 15 18 ft.-12 ft. ft. Lots backing on commercial/industrial 10 ft.-5 ft. requires a min. 20 ft. Resolution No. 21328 Page 4 Lot Coverage 50% usable landscaped open 57% whole property ' space (OS) and outdoor living and recreation Average 68% OS per lot areas required. Structures exceeding 18 ft. in height and 1 Average 31% story, lot coverage no more than 30% of Lots 5,11,14,15,18,19, total area. 20,22,24,26,29,30,31, and 32 exceed 30% lot coverage. Minimum Lot A - 2,131 sq. ft. Dwelling Size Lot B - 1,674 sq. ft. Lot C - 2,245 sq. ft. Density 3,000 sq. ft. per dwelling unit 32 Proposed Bldg. Height Maximum 24 ft. and 2 stories Lot A-19.6 feet TOP Lot B - 22 feet TOP Lot C - 15 feet TOP Distance between 15 ft. when residential is adjacent and buildings parallel to each other. Min. distance between 10 ft. — 80 ft. bldgs. on opposite sides of an interior court shall be 30 ft. ' Guest Parking None listed 6 guest spaces Distance from pools to 5 feet 5 feet wall c. This Planned Development District is established through application of the property owner in accordance with the public hearing procedures as set forth in Section 94.02.00(B), the requirements of the California Environmental Quality Act, and the approval of preliminary and final development plans. d. Development of this Planned Development District shall be subject to the requirements of section 94.03.00 and shall conform to the specifications of the final development plan as approved by the City Council. e. The approval of the preliminary development plans constitutes approval of the preliminary Planned Development District, which shall be incorporated into and become a part of the Final Planned Development District Resolution No. 21328 Page 5 f. The applicant shall submit final development plans for review by the Architectural Advisory Committee and the Planning Commission. Final plans shall be substantially in conformance with the approved preliminary plan and shall incorporate all modifications and conditions made to the preliminary development plan made by the Planning Commission and City Council, and shall be submitted with the final development plan checklist provided by the Department of Planning Services. ADOPTED THIS 6th day of July, 2005. David H. Ready, City, rigger ATTEST: es Thompson, City Clerk l/ 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21328 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on July 6, 2005, by the following vote: AYES: Councilmember Foat, Councilmember Pougnet, Councilmember Mills, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. a'tnes Thompson, City Clerk ity of Palm Springs, California Resolution No. 21328 Page 6 CONDITIONS OF APPROVAL ' CASE 5.1037 PD-309 TTM33161 TENTATIVE TRACT MAP PLANNED DEVELOPMENT DISTRICT SHERMAN ASSOCIATES VISTA SAN JACINTO JULY 6, 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 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. 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 Tentative Tract Map 33161 and Case 5.1037— Planned Development District 309. 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. [Resolution No. 21328 Page 7 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 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. The fee shall be collected by the Planning Services Department. E3. The Project will bring additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et. seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. Resolution No. 21328 Page 8 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 in the amount of $2,000, 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. 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.The project area has the possibility of buried resources. 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. , Resolution No. 21328 Page 9 (Final Design 12. 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. 13. The wall on Radio Road shall have a staggered 50-75% movement which will allow more pockets for free movement and landscape plantings including trees. 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. No lighting of the hillside is permitted. 15. Approved Development Standards are as follows: Development Standards Proposed Lot area 5624 sq. ft.-8314 sq. ft. Minimum Width 60 ft. -105 ft. Minimum Depth 64 ft.-126 ft. Front Yard 42 ft.-5 ft. Side Yard 19 ft.-5 ft Rear Yard 18 ft.-12 ft. 10 ft.-5 ft. Resolution No. 21328 Page 10 Lot Coverage 57% whole property ' Average 68% Open Space per lot. Average Lot Coverage 31%. Lots 5,11,14,15,18,19,20,22,24,26,29,3 0,31, and 32 exceed 30% lot coverage. Minimum Dwelling Size Lot A - 2,131 sq. ft. Lot B - 1,674 sq. ft. Lot C - 2,245 sq. ft. Density 32 Proposed Building Height Lot A -19.6 feet TOP Lot B - 22 feet TOP Lot C - 15 feet TOP Distance between buildings 10 ft. — 80 ft. , Guest Parking 6 guest spaces Distance from pools to wall 5 feet GENERAL CONDITIONS/CODE REQUIREMENTS 16. Commencement of the Tract Map under this Tentative Tract Map shall be within two (2) years from the effective date of approval. The Planning Commission upon demonstration of good cause may grant extensions of time. 17. The Planned Development District approval shall be valid for a period of six months (6) months. The Planning Commission upon demonstration of good cause may grant extensions of time. 18. Commencement of the construction shall be within two (2) years from the effective date of approval of the Final Planned Development. The Planning Commission upon demonstration of good cause may grant extensions of time. 19. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map and/or Planned Development District application. ' Resolution No. 21328 Page 11 20. 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. 21. 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. 22. 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. 23. Separate architectural approval and permits shall be required for all signs. The Planning Commission prior to issuance of building permits shall submit a detailed sign program for review and approval. 24. All awnings shall be maintained and periodically cleaned. 25. 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. 26. No exterior downspouts shall be permitted on any facade on the proposed building(s), which are visible from adjacent streets or residential and commercial areas. Scuppers are an allowed feature. 27. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 28. 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. 29. The street address numbering/lettering shall not exceed eight inches in height. 30. 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. Resolution No. 21328 Page 12 31. Submit plans meeting City standard for approval on the proposed trash and , recyclable materials enclosure prior to issuance of a building permit. 32. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 33. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 34. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 35. Vehicles associated with the operation of the proposed development including company vehicles or employee's vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 36. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 37. 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. POLICE DEPARTMENT 38. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 39. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the ' plans showing this requirement. Resolution No. 21328 Page 13 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) 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) 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) 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). Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA 24) 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. Fire Flow: The required fire flow for this project is 1000 gallons per minute. Resolution No. 21328 Page 14 ENGINEERING DEPARTMENT , CONDITIONS OF APPROVAL JULY 6, 2005 The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. RADIO ROAD ' 3. Dedicate an additional right-of-way of 3 feet along the entire frontage of the subject property. 4. Construct a 6 inch curb and gutter, 25 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 5. 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 frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 310. 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. LAS VEGAS ROAD 6. Construct two 32 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 205, at the locations as shown on the approved Tentative Tract Map. The easterly entry shall be aligned with El Dorado , Boulevard. Resolution No. 21328 Page 15 7. The entries shall not be gated. Insufficient space is provided for safe turn-around of vehicles unable to enter the project. 8. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the two driveway approaches in accordance with City of Palm Springs Standard Drawing No. 214. 9. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. The sidewalk may be meandering. If a meandering sidewalk is proposed, easements for pedestrian and sidewalk purposes shall be granted for portions of the meandering sidewalk that leave the public right-of-way. 10. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREET '11. Lot "A", as shown on the Tentative Tract Map, shall be revised to delete those portions of the proposed retention basin/drainage areas from the on-site private street lot. Separate Lots (i.e. Lots "B" and "C") shall be created for the retention basin/drainage areas. '12. 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 street. '13. A Homeowners Association shall enter into a reciprocal access agreement with the property owner(s) for those portions of the lots being used for common/open space purposes (i.e. on-site streets and/or parking spaces). Provisions for reciprocal access shall be included in Covenants, Conditions, and Restrictions (CC&R's) for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. 114. Easements for on-site streets and parking spaces to be considered as part of the common/open space to be maintained by a Homeowners Association shall be reserved on the final map. 115. The on-site private street shall consist of a minimum 24 feet wide two-way travel way. Provisions for drainage of the on-site private street, including approved wedge curbs and cross-gutters shall be provided to the satisfaction of the City Engineer. 16. Construct a minimum pavement section of 2'/z inches asphalt concrete pavement over 4 inches 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 Resolution No. 21328 Page 16 registered Geotechnical Engineer using "R" values from the project site and ' submitted to the City Engineer for approval. 17. Parking shall be prohibited along the private street except for designated parking areas. SANITARY SEWER 18. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 19. The on-site sewer system shall be publicly maintained. Construct an 8 inch V.C.P. public sewer main across the entire private street frontage and as necessary to provide sewer service to the proposed development, and connect to the existing public sewer system in Las Vegas Road. All sewer mains constructed by the applicant and to become part of the public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. 20. Submit sewer 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. GRADING ' 21. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of 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 Resolution No. 21328 Page 17 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. 22. Drainage swales shall be provided adjacent to all curbs to keep nuisance water from entering the adjacent streets. 23. 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. 24. 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. 25. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 26. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 27. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. An on-site retention and other storm drainage facilities approved by the City Engineer shall be required, as outlined in the preliminary hydrology study for Tentative Tract Map No. 33161, prepared by MSA Consulting, Inc., revised May 13, 2005. Resolution No. 21328 Page 18 28. Construct drainage improvements, including but not limited to catch basins, ' storm drain lines, and outlet structures, for drainage of on-site streets into on-site retention basins, as described in a final hydrology study for Tentative Tract Map 33161, as approved by the City Engineer. The preliminary hydrology study for Tentative Tract Map 33161 shall be amended to include catch basin sizing, storm drain pipe sizing, and retention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 29. Provisions for the interception of nuisance water from entering adjacent streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas or to on-site retention basins, and in only a stormwater runoff condition, pass runoff directly to the street through parkway or under sidewalk drains. 30. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 31. Separate lots shall be shown on the final map for those areas to be used as retention basin/drainage areas. GENERAL , 32. 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. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 33. All proposed utility lines shall be installed underground. 34. 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. , 35. The original improvement plans prepared for the proposed development and Resolution No. 21328 Page 19 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. 36. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the west property line and running easterly from the west property line approximately 390 feet, meet the requirement to be installed underground. 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. 37. 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. :I8. 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 39. 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. 40. Easements for flood control and drainage purposes shall be reserved across those portions of the property to be used as retention basins, limiting the use of these portions of the property for flood control and drainage purposes in perpetuity, and restricting any and all encroachments, construction or improvements therein. Provisions for maintenance of the flood control retention basins shall be included in Covenants, Conditions, and Restrictions (CC&R's) for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. TRAFFIC Resolution No. 21328 Page 20 Pay to the City of Palm Springs the fair share contribution towards the ' construction of a traffic signal at the intersection of Indian Canyon Drive and Tramview Road. The fair share contribution has been determined as 0.43% by the Traffic Impact Study Update for Tentative Tract Map 33161, prepared by Endo Engineering, dated January 26, 2005. The developer shall post payment of $650.00 to the City of Palm Springs prior to approval of a final map. 41. Pay to the City of Palm Springs the fair share contribution towards the construction of a traffic signal at the intersection of Indian Canyon Drive and Sunrise Parkway. The fair share contribution has been determined as 0.62% by the Traffic Impact Study for Tentative Tract Map 33161, prepared by Endo Engineering, dated January 26, 2005. The developer shall post payment of $924.00 to the City of Palm Springs prior to approval of a final map. 42. Install street name signs at the two intersections of the on-site private street and Las Vegas Road in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 43. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the two intersections of the on-site private street and Las Vegas Road in accordance with City of Palm Springs Standard Drawing Nos, 620-625. 44. 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. 45. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.