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HomeMy WebLinkAbout21420 - RESOLUTIONS - 10/5/2005RESOLUTION NO. 21420 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND ASSOCIATED MITIGATION MONITORING AND REPORTING PROGRAM, APPROVING CASE 5.1065 A GENERAL PLAN AMENDMENT TO CHANGE THE TEXT OF THE GENERAL COMMERCIAL (GC) LAND USE DESIGNATION TO ALLOW RESIDENTIAL USES FOR THE SUBJECT PROPERTY LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL; APPROVING CASE 5.1029 — PLANNED DEVELOPMENT DISTRICT 315 ALLOWING RESIDENTIAL USE IN THE UNDERLYING C-M (COMMERCIAL MANUFACTURING) ZONE; THE CONSTRUCTION OF 211 RESIDENTIAL CONDOMINIUMS; THE CONSTRUCTION OF APPROXIMATELY 10,000 SQUARE FEET OF COMMERCIAL SPACE; APPROVING TENTATIVE TRACT MAP 33561 TO SUBDIVIDE APPROXIMATELY 20 ACRES TO CREATE A CONDOMINIUM LOT AND A COMMERCIAL LOT FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL, ZONE C-M, SECTION 35, APN 669330038. WHEREAS, PS Venture Indian Canyon San Rafael, LLC ("Applicant') has filed an application with the City pursuant to the General Plan Amendment process, Section 94.03.00 of the Zoning Ordinance and 9.62 of the Municipal Code, for a General Plan Amendment, Planned Development District, and a Tentative Tract Map to change the General Plan — Land Use Designation, allow 211 residential units and 10,000 square feet of commercial, and create a residential and commercial map of approximately 20 acres ('Project), located at the northeast corner of Indian Canyon Drive and San Rafael, Zone C-M, Section 35, APN 669330038; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider the application for Case 5.1065, 5.1029 PD 315, and TTM33561 was given in accordance with applicable law; and WHEREAS, Case 5.1029 and TTM33561 approval is subject to the approval of Case 5.1065 by the City Council; and WHEREAS, on September 7, 2005, a public hearing on the project was held by the City Council 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, and all written and oral testimony presented Resolution No. 21420 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE I AS FOLLOWS: SECTION 1. 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 further finds that with the adoption of the proposed Mitigated Negative Declaration (MND), potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council further finds that the modifications to the proposed General Plan Amendment will have the same or less impact than the project analyzed in the MND and that no new impacts were identified nor were new mitigation measures identified. SECTION 2. The General Plan Amendment as follows would allow the residential and commercial land uses as proposed in PDD-315 specific for the project site only. The text of the General Commercial designation of the General Plan is amended to add Policy 3.28.2a to read as follows: 'The approximately 20 acre site located at the northeast corner of Indian ' Canyon Avenue and San Rafael Boulevard shall be allowed to develop with residential uses at the M-15 density (12 du/net ac threshold and 15 du/net ac maximum) per the development standards of the R-2 zone or per those development standards approved through a Planned Development District." SECTION 3. Pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council finds that with the incorporation of those conditions attached in Exhibit A and Exhibit B: 1. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan as proposed for amendment in Section 3. The General Plan designation for the site is CG General Commercial. The General Plan, as proposed for amendment, allows residential and commercial development at the proposed specific site only. The applicant is proposing 211 dwelling units and 10,000 square feet of commercial; therefore the proposed project is consistent with the General Plan. 2. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Resolution No. 21420 Page 3 Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan. All street, drainage, and utilities improvements will be constructed to the standards of the General Plan and Conditions of Approval associated with TTM 33577. 3. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The project proposes the creation of a residential and commercial map of approximately 20 acres. The proposed development is a mix of residential and commercial development, as permitted under the General Plan. The subject property is surrounded by vacant land, single-family residences, multiple -family residences, and light industrial. 4. The design of the proposed subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. The design of the proposed subdivision is not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. A Mitigated Negative Declaration has been prepared and with the incorporated mitigation measures, any environmental impact can be reduced to less than significant. 5. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must comply with the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. 6. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. The applicant will be required to construct on and off -site improvements. Therefore the design and the type of improvements proposed will not conflict with easements acquired by the public at large. SECTION 4. The City Council finds that the Planned Development District may be established through procedures of the conditional use permit as set forth in Section 94.02.00(B). Resolution No. 21420 Page 4 1. That the use applied for at the location set forth in the application is I properly one for which a conditional use permit is authorized by this Zoning Code; The Planned Development Districts is a residential and commercial development, where the density does not exceed the General Plan requirements and the site is compatible with the existing or potential development of the surrounding neighborhoods. 2. 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; The Planned Development District will add to the housing stock available. Thereby the Planned Development District is desirable for the community and is in harmony with various elements 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 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, I landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The Planned Development District site is approximately 20 acres and will consist of 211 residential units and 10,000 square feet of commercial. The Planned Development District site 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 4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; The Planned Development District fronts Indian Canyon Drive and San Rafael. Indian Canyon Drive is a major thoroughfare that is fully developed and San Rafael is a secondary thoroughfare that is fully developed. Both Indian Canyon Drive and San Rafael have the capacity to carry the type and quantity of traffic to be generated by the proposed use. 5. That the conditions to be imposed and shown on the approved site plan I are deemed necessary to protect the public health, safety and general Resolution No. 21420 Page 5 welfare and may include minor modification of the zone's property development standards. Such conditions may include: SECTION 5. The proposed project has residential and commercial within the C-M Zone. The C-M Zone prohibits the residential use and allows the commercial use, but the City Council finds Development District will define the land uses and the development standards for the residential and commercial uses. The following table outlines the development standards for the single-family residences: Lot Area 866,844 square feet* Lot Width 1320 feet* Lot Depth 700 feet* Density 211 dwelling units 10,000 square feet of commercial Front Yard 25 feet Side Yard 10 — 20 feet Rear Yard 10 — 50 feet Building Height 22 — 24 feet Parking Spaces 390 SECTION 6. The City Council finds that the Planned Development District shall be approved in lieu of a change of zone as specified in Section 94.07.00. The Zone change is valid for residential and commercial uses, the approves a Planned Development District in lieu of a change of zone, subject to the filing of an application pursuant to Section 94,03.00, subject to the Conditions of Approval in Exhibit A and Exhibit B. A Planned Development District in lieu of a zone change, shall be approved and adopted by ordinance of the City Council. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing the City Council hereby: 1. Adopts the Mitigated Negative Declaration and related Mitigation Monitoring and Reporting Program. 2. Approves Case 5.1065 — APPROVING General Plan Amendment to add Policy 3.28.2a to the General Commercial land use designation of the General Plan to read as follows: The approximately 20 acre site located at the northeast corner of Indian Canyon Avenue and San Rafael Boulevard shall be allowed to develop with residential uses at the M-15 density (12 du/net ac threshold and 15 du/net ac maximum) per the development standards of the R-2 zone or Resolution No. 21420 Page 6 per those development standards approved through a Planned ' Development District." 3. Approves Case 5.1029 — Planned Development District: a. In lieu of change of zone to allow residential use in the underlying C-M (Commercial Manufacturing) Zone; and b. The construction of 211 residential condominiums; and c. The construction of approximately 10,000 square feet of commercial space. 4. Approves Tentative Tract Map 33561 to subdivide approximately 20 acres to create a condominium lot and a commercial lot located at the northeast corner of Indian Canyon Drive and San Rafael, Zone C-M, Section 35, APN 669330038., subject to the Conditions of Approval in Exhibit A and Exhibit B. ADOPTED THIS 5th day of October 2005. David H. Ready, City ger ATTEST: Jes Thompson, City C erC k �Z 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. 21420 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 October 5, 2005, by the following vote: AYES: Councilmembers Foat, Pougnet and Mayor Pro Tern McCulloch NOES: None ABSENT: Councilmember Mills and Mayor Oden ABSTAIN: None mes Thompson, City Clerk ity of Palm Springs, California Resolution No. 21420 Page 7 EXHIBIT A CONDITIONS OF APPROVAL 'CASE 5.1065, 5.1029 PD 315, TTM33561 GENERAL PLAN AMENDMENT, PLANNED DEVELOPMENT DISTRICT, TENTATIVE TRACT MAP PS VENTURE INDIAN CANYON SAN RAFAEL, LLC NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL AUGUST 24, 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 Springsi its legislative body, advisory agencies, or administrative officers concerning Case 5.1065, 5.1029, and TTM33561. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains. the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with ail applicable law, rules, ordinances and regulations of all federal, state, and local bodies and Resolution No. 21420 Page B 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 112% 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. 6. 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 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 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 $10,000, for the review of the CC&R's by the City Attorney. A $2,000 filing fee shall also be paid to the City Planning Department for administrative review purposes. I Cultural Resources Resolution No. 21420 F'age 9 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. 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. 11 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. 14. All design criteria in the Section 14 Specific Plan shall be complied with prior to issuance of Certificate of Occupancy. 15. Directional arrows within the decorative pavement shall be incorporated to identify one- way traffic and shall be included in the CC&R language, subject to the approval of the Director of Planning Services. Resolution No. 21420 Page 10 16. There shall be no guest parking in driveways of less than 20 feet in length. This language shall be included in the CC&R's. 17. The design and function of the access gates shall assist in enforcing the one-way direction for traffic. The access gates shall be designed so that there is an enter only and a exit only function. The design and function is subject to the approval of the Director of Planning Services. GENERAL CONDITIONS/CODE REQUIREMENTS 18. The Architectural Approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 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 Architectural Approval application. 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. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 24. All materials on the flat portions of the roof shall be earth tone in color. 25. All awnings shall be maintained and periodically cleaned. 26. 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. 27. 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. 28. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. Resolution No. 21420 Page 11 29. 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. 30. The street address humbering/lettering shall not exceed eight inches in height. 31. 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. 32. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 33. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 34. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 35, No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 36. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 37. 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. 38. The applicant shall provide all tenants with Conditions of Approval of this project. 39. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway at the right side of the parking space and shall be designated as "van accessible". 40. 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. 41. 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. Resolution No. 21420 Page 12 42. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 43. 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. 44. 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. 45. 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. 46. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 47. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. POLICE DEPARTMENT 48. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 49. Prior to any construction on -site, all appropriate permits must be secured. FIRE DEPARTMENT 50. Shall comply with all Fire Department codes and regulations ENGINEERING DEPARTMENT 51. See Exhibit B Resolution No. 21420 Page 13 Exhibit B APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP AND PLANNED DEVELOPMENT TO CONSTRUCT A MIXED USE PROJECT CONSISTING OF 211 CONDOMINIUM UNITS WITH PARKING LOT, RECREATION CENTER, AND TENNIS COURT, AND A RETAIL BUILDING LOCATED AT 3300 AND 3500 NORTH INDIAN CANYON DRIVE (APN 669-330-038), SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M., CASE NO. 5.1029, PD 315, ENG. FILE NO. TTM33561. 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 Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Coordinate with Sunline Transit Agency regarding required public transit facilities on or adjacent to the development. Any required public transit facilities, including bus stops, turn -outs, bus shelters and furniture, or other miscellaneous public transit improvements shall be furnished, constructed and installed in conjunction with construction of the associated street improvements. 3. 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 building permits. INDIAN CANYON DRIVE 4. Dedicate an additional 20 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage (where required). 5. Dedicate an easement for bikepath and pedestrian purposes for those portions of the meandering 12 feet wide combination sidewalk and bicycle path that leave the public right-of-way. 6. Construct an 8 inch curb and gutter, 38 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 7.. Construct a minimum 24 feet wide driveway approach with a centerline located approximately 260 feet north of the centerline of San Rafael Drive, in accordance with City of Palm -Springs Standard Drawing No. 201. Access shall be limited to right -turn ingress and egress only. 8. Construct a 50 feet wide new street intersection for the Main Entry with a centerline of the Main Entry located approximately 660 feet north of the centerline of San Rafael Drive Resolution No. 21420 Page 14 aligned with the centerline of Oasis Road. The Main Entry shall be constructed with 25 , feet radius curb returns and spandrels, and an 8 feet wide cross -gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 9. Left turn egress from the Main Entry shall be prohibited from the Main Entry. 10. The Main Entry gated entry design, including widths of ingress and egress lanes, shall be subject to the review and approval by the City Engineer and Fire Marshall. Minimum lane widths shall be 20 feet, and a minimum of 50 feet queuing space shall be provided for vehicles entering the development. A turn -around shall be provided for vehicles unable to enter the development. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall. 11. Construct Type A curb ramps meeting current California State Accessibility standards on each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 212. 12. Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be located adjacent to the curb and/or meandering, as approved by the Director of Planning Services, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. ' 13. Construct a 14-feet wide landscaped median island along the entire frontage. Provide a 100 feet long northbound left turn pocket at Las Vegas Road with a 90 feet long bay taper, a 50 feet long northbound left turn pocket at Radio Road with a 90 feet long bay taper; a 25 feet long northbound left turn pocket at Oasis Road/Main Entry with a 90 feet long bay taper; a 25 feet long southbound left turn pocket at Oasis Road/Main Entry with a 120 feet long bay taper; and a 100 feet long southbound left turn pocket at San Rafael Drive with a 120 feet long bay .taper. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. The median shall be. constructed with a bi- directional median opening at Oasis Road/Main Entry that prohibits eastbound and westbound left turn and through movements. 14. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning Services. The irrigation system shall be separately metered from the parkway landscaping irrigation, for future use by the City upon acceptance of the landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit. 15. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 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 frontage in accordance with City of Palm , Springs Standard Drawing No. 110 and 340. 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. Resolution No. 21420 Page 15 1 SAN RAFAEL DRIVE 16. Construct an 8 inch curb and gutter, 32 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 17. Construct a 40 feet wide new street intersection for the secondary Main Entry with a centerline of the secondary Main Entry located approximately 330 feet east of the centerline of Indian Canyon Drive. The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and an 8 feet wide cross -gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. The secondary gated entry design (located off of the shared entrance with the commercial parcel), shall be subject to the review and approval by the City Engineer and Fire Marshall. The secondary gated entry shall have a minimum width of 24 feet, and the gated entry shall be located no further than 20 feet from the shared entrance with the commercial parcel. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall. 19. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the secondary Main Entry in accordance with City of Palm Springs Standard Drawing No. 212. 20. Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be located adjacent to the curb and/or meandering, as approved by the Director of Planning Services, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 21. Construct pavement with a minimum pavement section 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 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. 22. Remove the existing westbound left -turn pocket at Indian Canyon Drive and install a continuous two-way left -turn lane between Indian Canyon Drive and the Main Entry, with an appropriate transition to centerline east of the Main Entry. The westbound right -turn lane shall be protected or replaced in conjunction with the required traffic striping. COURSUIM 23. The area adjacent to condominium units 21-30, 42-52, 93-99, and 101-108 shall be revised to provide 20 feet wide one-way travel ways for access to adjacent condominium units. The 20 feet wide travel way (for fire access) may make use of the adjacent wedge curb and sidewalk. Restrictions on installation of above ground utilities, mail boxes, or other permanent structures shall be made, to ensure and maintain the 20 feet wide fire Resolution No. 21420 Page 16 access lane. Parking spaces shall be realigned as parallel spaces, with a short, decorative raised barrier defining the dividing line between the two adjacent row of parking spaces. The revised site plan shall be subject to the review and approval by the City Engineer and Fire Marshall. 24. The fire access lane between the recreation building and condominium unit 52 shall be a minimum of 20 feet wide, and shall be relocated and/or realigned as necessary to comply with the revised site plan. The fire access lane shall be constructed of a suitable surface (turf block or other approved material) acceptable to the Fire Marshall, and shall be appropriately signed and marked identifying it as restricted access for emergency purposes only. 25. The proposed parking space between condominium units 30 and 31 shall be reserved as a maneuvering space for the benefit of condominium units 31 and 32, to allow vehicles leaving the garages of condominium units 31 and 32 to maneuver and exit the development. The space shall be shortened, widened and/or relocated as necessary to provide appropriate maneuvering area, to the satisfaction of the City Engineer. 26. The access to condominium units 92-93 and 108-109 shall be revised to eliminate conflicting traffic movements and improve access to each unit, to the satisfaction of the City Engineer. 27. Access to carports and driveways to garages shall, be oriented as close to perpendicular to the adjacent on -site street as possible, as required by the City Engineer. 28. The driveway to condominium units 65-66 (adjacent to the Indian Canyon Drive Main Entry) shall be realigned to provide a more perpendicular alignment to the adjacent street. 29. The access to the carports to condominium units 27-28 shall be revised to increase the offset distance to the intersecting on -site streets, or the alignment of the intersecting on - site streets shall be revised to provide better access to the carports. 30. The access connection between the residential and commercial development between condominium unit 1 and the retail building shall be a minimum 20 feet wide emergency access lane. The access shall be gated and restricted for emergency access purposes only. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall. 31. All two-way on -site streets shall be a minimum of 24 feet wide (as measured from curb face or edge of travel way). 32. All on -site streets shall be constructed with concrete wedge or roll curbs, or standard curb and gutter, and cross -gutters as necessary to accept and convey on -site stormwater runoff to the on -site storm drain system, in accordance with applicable City Standards. 33. All on -site streets shall be constructed with a minimum pavement section of 2'/2 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 Resolution N0.21420 Page 17 ® 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. 34, Parking shall be restricted along both sides of the 24 feet wide on -site streets, as necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the private streets as necessary to enforce parking restrictions. The Home Owners Association (HOA) shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the development. SANITARY SEWER 35. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 36. 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 development. 37, An on -site private sewer system shall be constructed to collect sewage from the rp development and connect to the existing public sewer system. Sewer plans shall be ® submitted to the Engineering Division for review and approval. Private on -site sewer mains shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. A profile view of the on -site private sewer mains is not necessary provided sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Connection of the on -site private sewer system to the public sewer main shall be made as a standard lateral connection into the existing public sewer mains located in Indian Canyon Drive and/or San Rafael Drive in accordance with City of Palm Springs Standard Drawing No. 405. Plans for sewers other than the private on -site sewer mains, i.e. building sewers and laterals from the buildings to the on -site private sewer mains, are subject to separate review and approval by the Building Division. GRADING 38. Submit a Grading Plan prepared by a California registered Civil Engineer or qualified Architect 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 Resolution No. 21420 Page 18 applicant and/or its grading contractor shall provide the Engineering Division with current r 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. 39. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 40, 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. 41. 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. 42. 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. 43, 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 44. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff ' falling on the site, on -site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Report for TTM33561, prepared by MSA Consulting, Inc., revised July 8, 2005 (or as may be amended). Final retention Resolution No. 21420 Page 19 basin sizing, storm drain pipe sizing, and catch basin sizing and other specifications for construction of required on -site storm drainage improvements shall be finalized in the Hydrology Report. 45. Provisions for the interception of nuisance water from entering adjacent public 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, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. Other methods of intercepting nuisance water may be allowed, as approved by the City Engineer. 46. Submit storm drain improvement plans for all on -site storm drainage system facilities for review and approval by the City Engineer. 47. The applicant shall construct on -site private storm drain improvements, including but not limited to catch basins, storm drain lines, and underground retention structures, for drainage of the development, as described in a final Hydrology Report for Tentative Tract Map 33561, as approved by the City Engineer. 48. All on -site storm drain systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on -site storm drain system acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this development. 49. 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 50. 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. 51. All proposed utility lines shall be installed underground. 52. 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. Resolution No. 21420 Page 20 53. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 54. 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. 55. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing overhead electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on -site, adjacent to, and/or transecting the property, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities within the Southern California Edison easement located parallel to and 250 feet from the westerly property line, and the existing overhead utilities adjacent to San Rafael Drive along the southerly property line shall 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. Utility undergrounding shall be completed prior to issuance of a certificate of occupancy. 56. Nothing shall be constructed or planted in the comer 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. 57. 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 58. 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. 59. Relocation or abandonment of record easements across the property shall be performed , in conjunction with or prior to approval of a final map. The easements, identified as an easement to Southern California Edison recorded as Instrument No. 160821 on December 5, 1972; and an easement to Southern California Edison recorded as Instrument No. 53651 on June 8, 1962, shall be extinguished, quit -claimed, relocated or Resolution No. 21420 Page 21 abandoned to facilitate development of the subject property. Without evidence of such, proposed structures located within these existing record easements may not be constructed until such time as the easements are removed.of record. Building permits for structures within these easements shall be withheld until the easements are abandoned, if a final map is approved prior to their abandonment. 60. Upon approval of a Final Map, the Final Map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights -of -way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on -a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 61, The following mitigation measures, as determined by the traffic impact study titled "Palermo Planned Development District and Tentative Tract No. 33561 Traffic Impact Study," prepared by Endo Engineering dated April, 7, 2005," apply to this development: A. Pay a fair share contribution determined as 11.14% of the cost of geometric modifications and street improvements (asphalt pavement widening, traffic striping and related improvements) as necessary to widen the west leg of the San Rafael Drive and Indian Canyon Drive intersection, in a manner that improves intersection capacity acceptable to the City Engineer. The applicant shall provide an Engineer's estimate of the improvements to the City Engineer for review and approval, and shall pay the fair share contribution of 11.14% of the approved Engineer's estimate prior to approval of a final map. B. Pay a fair share contribution of $5,715 determined as 3.81 % of the construction of anew traffic signal (estimated at $160,000) at the intersection of Indian Canyon Drive and Tramview Road. The developer shall pay the fair share contribution prior to approval of a final map. C. Pay a fair share contribution of $5,085 determined as 3.39% of the construction of a new traffic signal (estimated at $150,000) at the intersection of Indian Canyon Drive and Sunrise Parkway. The developer shall pay the fair share contribution prior to approval of a final map. D. In lieu of payment of a fair share contribution to a traffic signal at the intersection of San Rafael Drive and Avenida Caballeros, which may or may not be warranted by 2025, install traffic striping and signage to provide a separate northbound shared left turn/through lane, and separate right turn lane. ` Resolution No. 21420 Page 22 62. Submit traffic striping and signage plans for Indian Canyon Drive and San Rafael Drive, prepared by a California registered Civil Engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 63. If identified by a name, install a street name sign at the intersection of Indian Canyon Drive and the Main Entry, and at San Rafael Drive and the secondary Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. Street name signs may be customized, subject to the review and approval by the City Engineer. 64. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at each access point onto Indian Canyon Drive and San Rafael Drive, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 65. Install stop controls at on -site street intersections, as may be required by the City Engineer. Stop signs within the development may be customized, provided the sign maintains the minimum MUTCD standards for stop signs, subject to review and approval by the City Engineer. 66. 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. 67. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.