HomeMy WebLinkAbout21489 - RESOLUTIONS - 1/18/2006 RESOLUTION NO. 21489
e A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING TENTATIVE
TRACT MAP 33933, FOR THE 57 SINGLE-FAMILY
RESIDENTIAL SUB-DIVISION, ON AN APPROXIMATE 20-
ACRE PARCEL LOCATED ON THE EAST SIDE OF AVENIDA
CABALLEROS BETWEEN EAST FRANCIS DRIVE AND SAN
RAFAEL ROAD.
WHEREAS, PS Avenida Caballeros/San Rafael, LLC, (the "Applicant") has filed an
application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code,
for Tentative Tract Map 33933; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and an Environmental Assessment has
been prepared for this project and has been distributed for public review and comments in
accordance with CEQA; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Tentative Tract Map 33933 was given in accordance with applicable law; and
WHEREAS, on December 28, 2005, a public hearing on the application for the project was
held by the Planning Commission in accordance with applicable law; and
WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission
has independently considered the effect of the proposed subdivision, Tentative Tract Map
33393, on the housing needs of the region in which Palm springs is situated and has
balanced these needs against the public service needs of its residents and available fiscal
and environmental resources; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not limited
to the staff report, all environmental data including the environmental assessment
prepared for the project and all written and oral testimony presented; and
WHEREAS, the Planning Commission determined that the appropriate findings could be
made, and recommended that the City Council adopt the draft mitigated negative
declaration, thereby approving the project; and
WHEREAS, Tentative Tract Map 33933 is subject to the approval of the City Council; and
WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to
consider Tentative Tract Map 33933 was given in accordance with applicable law; and
WHEREAS, on January 18, 2006, a public hearing on the application for the project was
held by the City Council in accordance with applicable law; and
Resolution No. 21489
Page 2
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has
considered the effect of the proposed project on the housing needs of the region, and has
balanced these needs against the public service needs of residents and available fiscal
and environmental resources; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting 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 DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION 1: A Mitigated Negative Declaration (MND) has been completed in compliance
with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City
Council finds that with the incorporation of proposed mitigation measures, potentially
significant environmental impacts resulting from this project will be reduced to a level of
insignificance and therefore recommends the adoption of the Mitigated Negative
Declaration for the project. The City Council has independently reviewed and considered
the information contained in the MND prior to its review of this Project and the MND
reflects the City Council's independent judgment and analysis.
SECTION 2: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City
Council finds that with the incorporation of those conditions attached in Exhibit A:
a. The proposed Tentative Tract Map is consistent with all applicable general and
specific plans.
The proposed Tentative Map is consistent with the goals and objectives of the L-4
(Low Density Residential), General Plan designation which governs the subject
property as well as all property adjacent to the subject site. The applicant is
proposing fifty seven lots on an approximately 20-acre parcel; this proposal is within
the density parameters of the General Plan.
b. The design and improvements of the proposed Tentative Tract Map are consistent
with the zone in which the property is located.
The proposed project is consistent with the zoning designation of R-1-C, which
allows the development of single-family residence at the proposed location. The
proposed subdivision and the provision for its design and improvements comply
with the applicable development standards for streets and lot design.
c. The site is physically suited for this type of development.
The project site is relatively flat and each lot contains adequate developable '
building area. There are no known bodies of water, ravines, or significant
topographic features on the subject property.
Resolution No. 21489
Page 3
' d. The site is physically suited for the proposed density of development.
The General Plan Designation of L-4 establishes a threshold density of 3 dwelling
units per acre and a maximum of four dwelling units per acre. The proposed density
of approximately 3 dwelling units per net acre is within the allowable range of
density. Thus the site is physically suited for the number of proposed number of
lots, and the density of the subdivision is consistent with the General Plan.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitat.
The Environmental Initial Study prepared for the site determined that the project is
adjacent to existing residential uses to the southern, northern and easterly portions
of the location. With the implementation of proposed mitigation measures, any
environmental impacts affecting animals or plants will be mitigated to a level of less
than significant. There are no known bodies of water on the subject property and
therefore no fish, wildlife or their habitat will be disturbed.
f. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
The design of the proposed subdivision includes the provision of public water and
sewer systems, a drainage design that protects home sites while providing water
quality basins, and a street system which is consistent with City Standards.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements across the subject property; therefore, the
design of the subdivision will not conflict with any public easements for access
through or use of the property. The applicant is required to dedicate necessary
easements for public access and circulation in and around the new subdivision.
SECTION 3: The City Council adopts the Mitigated Negative Declaration for Tentative
Tract Map 33933, and directs staff to file the associated Notice of Determination.
SECTION 4: The City Council approves Tentative Tract Map 33933.
ADOPTED this 181h day of January, 2006.
David H. Ready, Cit `�rtanager
Resolution No. 21489
Page 4
ATTEST:
�Jgmes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California hereby certify
that Resolution No. 21489 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, California, on January 18,
2006, by the following vote:
AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat,
and Mayor Oden
NOES: None
ABSENT: Councilmember Mills
ABSTAIN: None
/ mes Thompson, City Clerk
�/ City of Palm Springs, California
ilk
ti°
l��$ ll�� 1hl4. E ; !�
�, r14� Ikl[i 71 �e �11 ��S !�llllllt!lIIQ!�1;1!�111! ll;i ,dEII,rS�, � x
rry x
C11
i—I
ll� 1 4
1 PI
4MFF4h\4hF44F44\K\ T _—__' SIY ff
1 1-
S
4nnianrrrrnnnnihngn � y si �� t iw � i�C `l`
!!!!!!!!!!!!!!!!!!! # 111
Z •^^•^`^ `azeaaeecee -�-
G
0
L
z
MY
II — xl Fz ! F�zl z
F ��
A
o} `
2 W 8& I.i �-� 1„ �sw� cw mw vow
a j .v < tb
i Rs'), ®r,
:ppy5 L �
r 1� � 5
44
3. 7
1. r
elo
j /yF,r+_ �^-+.-.-,..gym —'--•,,,^, 9 �. x .! .. �� �`-�.n. ':1�'r'�
ur-�x/vn en
HF1'.m'u,i�x�m¢�wl\CyVav��WYMLfI WINI WI\V 1tl+TwY�a✓a�Hd-[6p'H M�+N�u
EXHIBIT A
CITY OF PALM SPRINGS
CONDITIONS OF APPROVAL
TENTATIVE TRACT MAP 33933
APN: 501-020-016
East Side of Avenida Caballeros & San Rafael Road
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 againstthe 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 33933. 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 or 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 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 or industrial projects, 1/4% for new residential
subdivisions,or 1/4%for new individual single-family residential units constructed on a
lot located in an existing subdivision 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 Services 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 applicant shall submit a property
appraisal to the Planning Services Department for the purposes of calculating the
Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior
to the issuance of building permits.
Environmental Assessment
6. The mitigation measures of the environmental assessment shall apply. The
applicant shall submit a signed agreement that the mitigation measures outlined as
part of the mitigated negative declaration will be included in the Planning
Commission consideration of the environmental assessment. Mitigation measures
are as follows:
MM III-1 Earth-moving activities shall be suspended during the first and second stage
ozone episodes or when winds exceed 25 MPH, per the Coachella Valley
PM10 State Implementation Plan and SCAQMD Rule 403.1.
MM III-2 Adequate watering techniques shall be employed to partially mitigate the
impact of construction-generated dust particulates. Portions of the project
site that are undergoing earth moving operations shall be watered such that
a crust will be formed on the ground surface and then watered again at the
end of the day, as part of the construction specifications,
MM III-3 Any construction access roads should be paved as soon as possible and
cleaned after each workday. The maximum vehicle speed limit on unpaved
road surfaces shall be 15 MPH.
MM 111-4 All trucks should maintain at least two feet of freeboard.
MM 111-5 All trucks hauling dirt, sand, soil or other loose dirt material off-site should be
covered and washed off before leaving the site.
MM III-6 Adjacent streets should be swept if silt is carried over to adjacent public
thoroughfares.
MM III-7 As part ofthe construction specifications, anyvegetative ground coverto be
utilized on-site shall be planted as soon as possible to reduce the disturbed
area subject to wind erosion. Irrigation systems needed to waterthese plants
shall be installed as soon as possible to maintain the ground cover and
minimize wind erosion of the soil.
MM III-8 Construction operations affecting off-site roadways shall be scheduled for
off-peak traffic hours and shall minimize obstruction of through-traffic lames.
7. The developer shall reimburse the City for the City's costs incurred in monitoring the
developer's compliance with the conditions of approval and mitigation monitoring
program, including, but not limited to inspections and review of developers
operations and activities for compliance with all applicable dust and noise
operations, and cultural resource mitigation. This condition of approval is
supplemental and in addition to normal building permit and public improvement
permits that may be required pursuant to the Palm Springs Municipal Code.
CC&R's
8. The applicant prior to issuance of building permits shall submit three (3) sets of a
draft declaration of covenants, conditions and restrictions ("CC&R's")to the Director '
of Planning Services for approval in a form to be approved by the City Attorney, to
be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a
list of the adopted conditions of approval and an indication of where applicable
conditions are addressed in the CC&Rs. 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.
9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2000,for the review of the CC&R's by the City Attorney.A filing fee, in accordance
with the fee schedule adopted by the City Council, shall also be paid to the City
Planning Services Department for administrative review purposes.
Public Safety CFD
10. The Project will bring a significant number of additional residents to the community.
The City's existing public safety and recreation services, including police protection,
criminal justice, fire protection and suppression, ambulance, paramedic, and other
safety services and recreation, library, cultural services are near capacity.
Accordingly,the City may determine to form a Community Services District underthe
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.
ENGINEERING/PUBLIC WORKS DEPARTMENT
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 California civil engineer
to the Engineering Division. The plans shall be approved by the City Engineer prior
to issuance of any building permits.
AVENIDA CABALLEROS
3. Dedicate abutters rights of access to Avenida Caballeros adjacent to Lots 6, 17, 18,
29, 30, 41, 42 56 and 57; vehicular access to Avenida Caballeros shall be
prohibited.
4. Remove the existing driveway approach across from the existing Sundance Tract
entry and construct new curb and gutter to match existing improvements, in
accordance with City of Palm Springs Standard Drawing No. 200.
5. Remove the existing 8 inch curb and gutter located 32 east of centerline as
necessary to construct the on-site private street intersections; and construct 25 feet
radius curb returns, spandrels, and 6 feet wide cross-gutters at each intersection of
the on-site private streets with Avenida Caballeros, in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
6. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
7. Construct a Type A curb ramp meeting current California State Accessibility
standards at the southeast corner of the intersection of Avenida Caballeros and San
Rafael Drive, in accordance with City of Palm Springs Standard Drawing No. 212.
8. All broken or off grade street improvements shall be repaired or replaced.
SAN RAFAEL DRIVE
9. Dedicate the ultimate half street right-of-way width of 44 feet along the entire
frontage, together with a property line - corner cut-back at the northwest corner of
the subject property, in accordance with City of Palm Springs Standard Drawing No. '
105.
10. Dedicate abutters rights of access to San Rafael Drive adjacent to Lots 49 through
56; vehicular access to San Rafael Drive shall be prohibited.
11. Remove the existing asphalt concrete berm and replace with an 8 inch curb and
gutter located 32 feet south of centerline along the entire frontage, in accordance
with City of Palm Springs Standard Drawing No. 200.
12. Remove the existing asphalt concrete sidewalk and construct a 5 feet wide sidewalk
behind the curb along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210.
13. Construct pavement with a minimum pavement section of 3 inches asphalt concrete
pavement over 6 inches crushed miscellaneous base with a minimum subgrade of
24 inches at 95% relative compaction, or equal, from edge of proposed gutter to
clean sawcut edge of pavement along the entire San Rafael Drive 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.
FRANCIS DRIVE
14. Dedicate the ultimate half street right-of-way width of 30 feet along the entire
frontage of the subject property.
15. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire
frontage, in accordance with City of Palm Springs Standard Drawing No. 200.
16. Construct driveway approaches for Lots 1 through 5 in accordance with City of Palm
Springs Standard Drawing No. 201. The driveway access to Lot 1 shall be located
on the west side of Lot 1, as far as possible from the Francis Drive and Aurora Drive
intersection.
17. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
18. Construct pavement with a minimum pavement section of 3 inches asphalt concrete
pavement over 6 inches crushed miscellaneous base with a minimum subgrade of
24 inches at 95% relative compaction, or equal, from edge of proposed gutter to
clean sawcut edge of pavement along the entire Francis Drive 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
5
designed by a California registered Geotechnical Engineer using "R" values from
the project site and submitted to the City Engineer for approval.
19. Neighborhood traffic calming improvements shall be constructed on Francis Drive at
Aurora Drive. The travel way shall be narrowed with curb "pop-outs" located on
both sides of Francis Drive. Remove and reconstruct the existing curb return and
spandrel at the southwest corner of Francis Drive and Aurora Drive with the new
face of curb located 14 feet south of centerline, with an appropriate taper to match
the existing curb and gutter. Construct a complementary curb"pop-out'adjacent to
Lot 1 and opposite the reconstructed curb return at the southwest corner of Francis
Drive and Aurora Drive, with the new face of curb located 14 feet north of centerline.
Stamped, colored concrete shall be constructed within the curb "pop-outs". Other
traffic calming improvements may be required, including neighborhood identification
signage, in consultation with the neighborhood group and as determined by the City
Engineer. Final engineering and other details associated with the traffic calming
improvements shall be subject to the review and approval by the City Engineer.
AZURE COURT, ENAMOR COURT, LUCENT COURT, & SOLACE COURT (ON-SITE
PRIVATE STREETS)
20. Dedicate easements for public utility purposes, including sewers, with the right of
ingress and egress for service and emergency vehicles and personnel over the
proposed private streets.
21. Easements for on-site private streets to be considered as part of the common space
to be maintained by a Homeowner's Association shall be dedicated and/or reserved
on the final map.
22. All on-site private streets shall be two-way and a minimum of 26 feet wide (as
measured from curb face). Tree wells, if constructed, shall be staggered on each
side of the street to provide a minimum 20 feet wide travel way at any one tree well.
23. All on-site streets shall be constructed with concrete wedge curbs to accept and
convey on-site stormwater runoff to the on-site storm drain system, in accordance
with applicable City Standards.
24. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs
Standard Drawing No. 101. Construct all cul-de-sacs with a minimum face of curb
radius of 43 feet throughout the cul-de-sac bulb.
25. Construct pavement with 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
6
a California registered Geotechnical Engineer using "R"values from the project site
and submitted to the City Engineer for approval.
26. Parking shall be restricted along both sides of the on-site private streets, as
necessary to maintain a minimum 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
27. All sanitary facilities shall be connected to the public sewer system. New sewer
laterals shall not be connected to existing sewer manholes.
28. Submit sewer improvement plans prepared by a California registered civil engineer
to the Engineering Division. The plans shall be approved by the City Engineer prior
to issuance of any building permits.
29. Dedicate a 20 feet wide easement for sewer purposes, adjacent to the westerly side
and across Lots 1, 11, 12, 23, 24, 35, 36, and 47.
30. Construct an 8 inch V.C.P. sewer main across the frontages of the on-site private '
streets and extending from Azure Court to Francis Drive. The 8 inch V.C.P. sewer
main shall extend within the center of the 20 feet wide sewer easement across Lots
1, 11, 12, 23, 24, 35, 36, and 47.
31. The easement shall be kept clear and free of any and all obstructions to allow for
the continued operation and maintenance of the public sewer main within the
easement. Construction of permanent structures, swimming pools and equipment,
or other improvements determined to be an obstruction of the public sewer
easement shall not be allowed. Planting of large trees or other planting material
with invasive or deep root structures shall be restricted. Access to the public sewer
easement from Francis Drive and the on-site private streets shall be maintained,
including, if necessary, 15 feet wide gates with lock and access provided to the City
of Palm Springs.
32. Provisions for maintenance of the public sewer easement, acceptable to the City
Engineer, shall be included in the Codes, Covenants, and Restrictions (CC&R's)
required for this development. Notice shall be clearly included in the CC&R's
defining the restrictions of development within the easement across Lots 1, 11, 12,
23, 24, 35, 36, and 47. The CC&R's shall advise the property owners of the City's
right to enter the properties, clear and remove any and all obstructions within the
easement, and give the City right to charge all costs incurred in enforcing this
7
provision to the owners of Lots 1, 11, 12, 23, 24, 35, 36, and 47. The CC&R's shall
also advise the property owners of the fact that the City is not required to replace in
like kind any landscaping or other improvements within the public sewer easement
in the event repair or replacement of the existing sewer main is required, and that
the City shall be limited to leaving the property in a rough graded condition following
any such repair or replacement.
33. 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.
GRADING
34. Submit a Grading Plan prepared by a California registered civil engineer to the
Engineering Division for review and approval. The plan shall show building set-
backs, drainage swales with 1% minimum slope, high points of swales, and
permanent individual retention basin locations on each lot. House footprints do not
need to be shown on the plan. The combination Grading Plan shall be approved by
the City Engineer prior to issuance of a grading permit.
a. 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 AQMD at (909) 396-3752, or at www.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.
b. The first submittal of the combination 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 Tentative Tract
Map; a copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report.
8
35. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep '
nuisance water from entering the public streets, roadways, or gutters.
36. 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 forthe proposed development.A copy of the executed permit
shall be provided to the City Engineer prior to approval of a Grading Plan.
37. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the
applicant shall post with the City a cash bond of two thousand dollars ($2,000.00)
per disturbed acre for mitigation measures for erosion/blowsand relating to this
property and development.
38. 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.
39. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fore Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent To
Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at 73-
710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
40. 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, individual on-site retention basins on each lot 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 and Hydraulic Report for Murano, prepared by The Keith
Companies, as revised on November 7, 2005. Final retention basin sizing, catch
basin sizing, storm drain pipe sizing, drywell sizing, and other specifications for
construction of required on-site storm drainage improvements shall be finalized in
the final hydrology study and approved by the City Engineer.
41. Stormwater runoff may not be released directly to the adjacent streets without first
intercepting and treating with approved Best Management Practices (BMP's).
9
42. The applicant shall install a series of drywells, within the 5 feet wide private storm
drain easements extending east from each of the on-site private streets and
extending south along the east property line of the development from Azure Court to
Francis Drive, as necessary to intercept stormwater runoff, including nuisance
water, from the tributary area within the development. The drywells shall be
appropriately sized to accommodate the expected daily nuisance water, as well as
runoff from ordinary storm events (2-year storm events) using a maximum 2 inch
per hour percolation rate, unless otherwise approved by the City Engineer.
Provisions shall be included in the Covenants, Conditions and Restrictions
(CC&R's)for this development that require the routine maintenance of the drywells
by the Home Owners Association (HOA), including the right of the City to inspect
and require the HOA to remove and replace the drywells if they fail to function,
causing stagnant water to accumulate above ground within the basin. The City shall
be given the right, in the interest of the public's health, safety, and welfare, to order
the removal and replacement of drywells in the event the HOA is non-responsive to
the City's written notice, with costs to be recovered against the HOA by the City in
accordance with state and local laws and regulations. In no event shall on-site
stormwater runoff be released directly to Francis Drive without interception on-site
by the private storm drain and drywell system.
43. Storm drain easements shall be reserved across the 5 feet wide private storm drain
easements extending east from Azure Court, Enamor Court, Lucent Court and
Solace Court, adjacent to the north property lines of Lots 11, 23, 35, and 47 and
extending south adjacent to the east property lines of Lots 1, 11, 12, 23, 24, 35, 36,
and 47, to Francis Drive.
44. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
45. Construct drainage improvements, including but not limited to catch basins, storm
drain lines, and drywells for drainage of on-site streets as described in the
Preliminary Hydrology and Hydraulic Report for Murano, prepared by The Keith
Companies, as revised on November 7, 2005. Final retention basin sizing, catch
basin sizing, storm drain pipe sizing, drywell sizing, and other specifications for
construction of required on-site storm drainage improvements shall be finalized in
the final hydrology study and approved by the City Engineer.
46. The on-site storm drainage improvements shall be privately maintained by a Home
Owners Association (HOA). Provisions for maintenance of the on-site storm
drainage improvements acceptable to the City Engineer shall be included in the
Covenants, Conditions and Restrictions (CC&R's) required for this project.
47. Individual retention basins on each lot shall be identified on exhibits included in the
Covenants, Conditions and Restrictions (CC&R's) required for this project.
' Provisions shall be included in the CC&R's requiring the preservation in perpetuity
of the individual retention basins for use as on-site stormwater retention basins.
10
Notice shall be given to the property owners within the development that the '
stormwater retention volume of the individual retention basins shall be maintained.
The City shall be given the right, in the interest of the public's health, safety, and
welfare, to order the reconstruction of individual retention basins in the event that
property owners are non-responsive to the City's written notice to reconstruct their
individual retention basin,with costs to be recovered against the property owner by
the City in accordance with state and local laws and regulations.
48. 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
49. 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.
50. All proposed utility lines shall be installed underground.
51. 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.
52. 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.
53. 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 priorto 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.
11
54. 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.
55. 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
56. 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 forthe 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.
57. A copy of draft Covenants, Conditions and Restrictions(CC&R's)shall be submitted
to the City Engineer for review and approval for any restrictions related to the
Engineering Division's recommendations. The CC&R's shall be provided with the
first submittal of the final map, and shall be approved by the City Engineer prior to
approval of the Final Map.
58. 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
59. If not already completed by others, submit traffic striping plans for Avenida
Caballeros at San Rafael Drive to provide a southbound left-turn lane, southbound
through/right-turn lane, northbound left-turn lane, and northbound through/right-turn
lane, prepared by a California registered civil engineer, for review and approval by
the City Engineer.
12
60. The applicant shall be responsible for payment of its fair share of 4.05%(or$1,575) '
of the cost to install traffic striping improvements at the Avenida Caballeros and San
Rafael Drive intersection to provide a southbound left-turn lane, southbound
through/right-turn lane, additional westbound through lane, northbound left-turn
lane, and northbound through/right-turn lane.
61. A minimum of 48 inches of clearance shall be provided on public sidewalks for
handicap accessibility. Minimum clearance on public sidewalks shall be provided by
either an additional dedication of a sidewalk easement(if necessary)and widening
of the sidewalk; or by the relocation of any obstructions within the public sidewalk
along the San Rafael Drive, Avenida Caballeros, and Francis Drive frontages of the
subject property.
62. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, and striping associated with the proposed development shall be replaced
as required by the City Engineer prior to issuance of a Certificate of Occupancy.
63. Install a street name sign and a 24 inch stop sign, stop bar, and "STOP" legend at
the northeast corner of Avenida Caballeros with Azure Court, Enamor Court, Lucent
Court, and Solace Court, in accordance with City of Palm Springs Standard Drawing
Nos. 620 through 625.
64.. 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,orsubsequent additions in
force at the time of construction.
65. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
POLICE DEPARTMENT
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
2. Prior to any construction on-site, all appropriate permits must be secured.
FIRE
3. Fire Flow: Fire flow will be estimated once the square footage and type of construction
is known.
13