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HomeMy WebLinkAbout21520 - RESOLUTIONS - 3/1/2006 n i RESOLUTION NO. 21520 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 33936, ARCHITECTURAL APPROVAL NO. 3.2807, APPROVING THE PROJECT, CONSTRUCTION OF A 42-UNIT CONDOMINIUM COMPLEX, ON AN APPROXIMATE 4.7- ACRE PARCEL, LOCATED AT 1400 AMADO ROAD EAST, ZONE R-4, SECTION 14. WHEREAS, Amado Hermosa Il, LLC, (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for a Tentative Tract Map to construct 42 condominium units located at 1400 Amado Road East, Zone R-4, Section 14; and WHEREAS, Amado Hermosa ll, 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 33936; and WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for ' their review, comments and requirements; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider TTM 33936 and related architectural approvals (Case 3.2807), was given in accordance with applicable law; and WHEREAS, on January 25, 2006, a public hearing on the application for Tentative Tract Map 33936 and related architectural approvals (Case 3.2807) was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider TTM 33936, was given in accordance with applicable law; and WHEREAS, on March 1, 2006, a public hearing on the application for Tentative Tract Map 33936 was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed subdivision, Tentative Tract Map 33936, 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; the approval of the proposed project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; 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 Resolution No. 21520 Page 2 prepared for this project and has been distributed for public review and comment in ' accordance with CEQA; 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, all environmental data including the environmental assessment previously prepared and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: An Environmental Initial Study (I.S) has been completed in compliance with the California Environmental Quality Act (CEQA), Guidelines, and the City's CEQA Guidelines. The City Council finds that the proposed project is not likely to have any potentially significant environmental impacts and therefore adopts a Negative Declaration for the project. The City Council has independently reviewed and considered the information contained in the Negative Declaration prior to its review of this Project and the Negative Declaration reflects the City Councils independent judgment and analysis. Section 2: 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 and any applicable specific plan. Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council finds that with the incorporation of the conditions attached in Exhibit A. a. The proposed Tentative Map is consistent with all applicable general and specific plans. The General Plan designation for the site is H43/30 (High Density Residential maximum 30 units per net acre). The applicant is proposing 42 units on approximately 4.7 acres for a density of approximately 8.9 units per net acre. The proposed project is also consistent with the Section 14 Specific Plan land use and development standards. The proposed project is consistent with the City's General Plan. b. The design and improvements of the proposed Tentative Tract Map is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5, the proposed subdivision and proposed streets improvements are compatible with the objectives, polices, and , general land uses, and program provided in the City's General Plan and the Section 14 Specific Plan. All streets, drainage, and utilities improvements will be subject to Resolution No. 21520 Page 3 the standards of the General Plan and Conditions of Approval associated with the proposed project. C. The site is physically suited for this type of development. The subject site is approximately 4.7-acre parcel, the shape and topography of the land is physically suitable and conducive for the type of development being j proposed. d. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The site is proposed for forty-two (42) two-story condominium units on approximately 4.7 acres of land. The proposed development is under the maximum allowable density of 30 units per acre, as permitted under the General Plan and Zoning Code. The project site is surrounded on three sides by previously developed condominium projects. The adjacent property to the east is vacant but is the same zoning designation (R-4). The applicant proposes a residential development that will be compatible with the surrounding neighborhood. e. 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. The site has undergone prior environmental assessment and an approved Mitigated Negative Declaration by the City of Palm Springs City Council less than three years prior to this project proposal. Therefore it is determined that the proposed subdivision and the proposed improvements are not likely to cause substantial environmental damage or injury. f. 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 follow 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. g. 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. There are no known public easements across the subject property. Amado Road ' East is designated as a secondary thoroughfare on the City of Palm Springs circulation plan. The applicant will be required to improve the road, curb, gutter and Resolution No. 21520 Page 4 sidewalk on the northerly portion of the street. Additionally, the 28-foot wide ' common driveway for internal circulation within the complex will be privately maintained. Section 4: The City Council adopts the Negative Declaration for Tentative Tract Map 33936 and Case No. 3.2807 (Architectural Approval), and directs staff to file the associated Notice of Determination. Section 5: The City Council approves Tentative Tract Map 33936 and Case No. 3.2807 ADOPTED this 15t day of March, 2006. David H. Ready, Ci afiager ATTEST: �Ity Clerk 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. 21520 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 March 1, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: Councilmember Mills ABSTAIN: None J.aames Thompson, City Clerk �/tity of Palm Springs, California I Resolution No. 21520 Page 5 I. EXHIBIT A TENTATIVE TRACT MAP 33936 CASE 3.2807 TENTATIVE TRACT MAP AND MAJOR ARCHITECTURAL CONDITIONS OF APPROVAL March 1, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. Administrative: 1 a. 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. 1 b. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning TTM 33936 and Case 3.2807. 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. 2. That the property owner(s) and successors and assignees in interest shall maintain ' and repair the improvements including and without limitation sidewalks, bikeways, 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 Resolution No. 21520 Page 6 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. 3. 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. 4. The appeal period for an Architectural Approval and Tentative Tract Map application is 15 calendar days form the date of project approval. Permits will not be issued until the appeal period has concluded. 5. 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 and Building for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 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 $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Landscaping- ' 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. Detail of perimeter fencing and entry gate shall be submitted at the time of final landscaping plans submittal. 8. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. Grading: 9. 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. 10. 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. ' Resolution No. 21520 Page 7 11. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the I project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. Architectural: 12. 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. 13. All materials on the flat portions of the roof shall be earth tone in color. 14. All roof mounted mechanical equipment shall be screened from all possible vantage i points both existing and future per Section 93.03.00 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. 15. No exterior downspouts shall be permitted on any facade on the proposed building(s) j which are visible from adjacent streets or residential and commercial areas. 16. 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. 17. The street address numbering/lettering shall not exceed eight inches in height. 18. 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 & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot 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. A photometric study shall be required for all parking areas, driveways and entries. 19. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 20. 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. •I Resolution No. 21520 Page 8 21. Parking stalls shall be delineated with a 4 to 6 inch double stripe or equivalent design ' - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 22. Eight handicapped spaces shall be provided. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces and the path of travel to the entry ways. 23. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two handicap spaces can share a common walkway. One in every eight accessible spaces, but not less than one, shall be served by an 8 foot walkway on the right side and shall be designated "van accessible". 24. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00(C) (10). 25. 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. 26. The applicant shall submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit or submit a letter from the municipal waste disposal service stating that individual household refuse pickup is acceptable. Miscellaneous: 27. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building 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. 28. 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. Resolution No. 21520 j Page 9 ' 29. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities and that, should buried deposits be encountered, that the Monitor have the authority to halt destructive construction and that the Monitor notify a Qualified Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Band of Cahuilla Indians. 30. One copy 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. 31. Applicant shall be required to pay all Agua Caliente Band of Cahuilla Indians planning fees associated with this development. 32. The mitigation measures of the environmental assessment for Case 3.2103 shall apply. 33. No outdoor storage of any kind shall be permitted. POLICE DEPARTMENT ' 1. Developer shall comply with Section If of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE 1. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds G.V.W. (902.2.2.2 CFC) 2. Fire Department Access Road Dimensions: Provide two 10' travel lanes for a total of 20' unobstructed width. If parking on access road is desired, provide an 8' parking lane with opposing curb marked red with appropriate signage for a total of 28' in width. Provide an additional 8' for parking on both sides of access road for a total of Win width. 3. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an ' unobstructed vertical clearance of not Bess than 14'6". Resolution No. 21520 Page 10 4. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a ' KNOX key switch device or Key box. Contact the Fire Department at 323-8186 for a KNOX application form. (902.4 CFC) 5. Location of Knox boxes: A Knox box shall be installed at every locked gate. Show location of boxes on plan elevation views. Show requirement in plan notes. 6. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 7. Fire Flow Estimate: Fire flow is estimated to be 1500 gallons per minute at this time. A more precise flow will be given once the type of construction is known. 8. Fire Extinguisher Requirements: Provide one 2-A: 10-13: C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel near an exit door. 9. Premised Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. ' 10. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 11. Operational Fire Hydrants: An operational fire hydrant or hydrants shall be installed within 250' of all combustible construction. ENGINEERING: 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. ' Resolution No. 21520 Page 11 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. 3. A street improvement plan for the off-set cul-de-sac for Calle Rolph is approved and on file (see File 14-4-4-298 approved April 6, 2004). The plan shall be revised to reflect current "as-built" or record conditions adjacent to and on-site, as well as to include construction of current City standards, and shall be submitted to the Engineering Division for review and approval. Otherwise, a new street improvement plan for the off-set cul-de-sac for Calle Rolph, prepared by a registered California civil engineer shall be submitted to the Engineering Division for review and approval. The new and revised street improvement plans shall be approved by the City Engineer prior to issuance of any building permits. 4. When public dedications of easements or rights-of-way over Tribal Allottee or Tribal Trust land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain any required public dedications as identified by the City for this development. Required public dedications for easements or rights-of-way are perpetual and have no term or duration; dedications of easements or rights-of-way restricted to a duration or term, or made in connection with an underlying Indian Land Lease, shall not be accepted. 5. Upon completion of required improvements by the applicant, and as a condition of acceptance by the City Engineer, the applicant shall prepare for the City Engineer's approval an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for any improvements constructed by the applicant for which an easement was dedicated to the City through the Bureau of Indian Affairs. The Affidavit of Completion shall be provided to and approved by the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. AMADO ROAD 6. Dedicate an additional 1.5 feet of right-of-way to accommodate a 4 feet wide landscaped parkway adjacent to the curb and a 5 feet wide sidewalk along the entire frontage. 7. Construct a 6 inch curb and gutter, 32 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. Resolution No. 21520 Page 12 8. Construct a 52 feet wide new street intersection for the Main Entry with the ' centerline of the Main Entry located approximately 140 feet west of the east property line and aligned with the centerline of existing driveway on the south side of Amado Road. The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 9. The Main Entry shall be designed with a 22 feet wide ingress lane and a 20 feet wide egress lane, divided by a 10 feet wide median. Stacking for two vehicles (50 feet) shall be provided from Amado Road to the gated entry control panel, and sufficient maneuvering area shall be provided beyond the control panel to allow vehicles to turn around if unable to gain entry into the development. The gated entry design shall be subject to the review and approval of the City Engineer. 10. 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. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the Main Entry, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. 11. Construct a 5 feet wide sidewalk separated by a 4 feet wide landscaped parkway behind the curb, along the entire frontage, in accordance with the Section 14 Final Master Development Plan Specific Plan (dated April 2004). 12. Construct a minimum pavement section of 3 inches of asphalt concrete pavement over 6 inches of crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. 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. CALLE ROLPH 13. Dedicate additional right-of-way as necessary to construct an off-set cul-de-sac at the end of Calle Rolph, as shown on the approved street improvement plan, File 14- 4-4-298. 14. The applicant shall acquire off-site right-of-way on the adjacent property (Parcel 1 of Record of Survey recorded in Book 40, Page 21) identified by Assessor's Parcel ' Number 508-060-004, as necessary to fully construct the off-set cul-de-sac, as shown on the approved street improvement plan, File 14-4-4-298. Resolution No. 21520 Page 13 ' 15. Construct a 6 inch curb and gutter throughout the off-set cul-de-sac in accordance with City of Palm Springs Standard Drawing No. 200. 16. Construct a 5 feet wide sidewalk behind the curb throughout the off-set cul-de-sac in accordance with City of Palm Springs Standard Drawing No. 210. 47-. Construct a 30 feet wide driveway approach with a centerline located approximately 25 feet south of the north property Sine, in accordance with City of Palm Springs Standard Drawing No. 201. The arne-ss emergency be restricted to ergency aGGess � only. lY/�6cGess shall be provided to the Fire DeepartmeRt a required b the Fire Marshall. (Per Planning Commission recommendation at the public hearing on January 25, 2006). 18. Reconstruct the existing driveway approach located on the adjacent property (Parcel 1 of Record of Survey recorded in Book 40, Page 21) identified by Assessor's Parcel Number 508-060-004, in accordance with City of Palm Springs Standard Drawing No. 201. 19. Construct a minimum pavement section of 2'/z inches of asphalt concrete pavement over 4 inches of crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement throughout the off-set cul-de-sac. 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. C,N-SITE PRIVATE STREETS 20. The on-site private street serving as access to Buildings 9 through 12 exceeds a length of 150 feet, requiring a turn-around acceptable to the Fire Marshall. The site plan shall be revised as necessary to accommodate access requirements as determined by the Fire Marshall. 21. If necessary, or as required by the City Engineer, a sight distance easement shall be reserved across that portion of the property located near the northeast corner of Building 7, in accordance with City of Palm Springs Zoning Code Section 93.02.00 (D), or as may be required to provide minimum safe stopping sight distance in accordance with the Caltrans Highway Design Manual. Block walls, landscaping and other obstructions shall be prohibited from being installed within the sight distance easement. 22. Dedicate an easement extending over the private streets for public utility purposes with the right of ingress and egress for service and emergency vehicles and ' personnel. 23. All on-site private streets shall be a minimurn of 28 feet wide, as measured from the back of curb. Resolution No. 21520 Page 14 24. All on-site streets shall be constructed with concrete wedge curbs and cross gutters ' to accept and convey on-site stormwater runoff to the on-site storm drain system, in accordance with applicable City Standards. 25. Construct pavement with a minimum pavement section of 2'/2 inches asphalt concrete pavement over 4 inches of crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 26. Parking shall be restricted along both sides of the on-site private streets, as necessary to maintain a clear 24 feet wide, 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 laterals shall not be connected at manholes. 28. Construct an on-site private sewer system to collect sewage from the 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. 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. 29. The on-site sewer system shall connect to the sewer main in Amado Road with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 30. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. ' Resolution No. 21520 Flage 15 ' 31. The project is subject to the Section 14 Sewer Impact Fee. The sewer impact fee at the present time is $696.00 per acre. The fee shall be paid prior to, or concurrently with, issuance of building permits. GRADING 32. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of 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 has 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 Precise Grading and Paving Plan. b. The first submittal of the Precise Grading and Paving 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. 33. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 34. 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 issuance of a grading permit. 315. 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) Resolution No. 21520 Page 16 per disturbed acre for mitigation measures for erosion/blowsand relating to this ' property and development. 36. 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 Precise Grading and Paving Plan. 37. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73- 710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 38. 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 Study for Tentative Tract 33936 Terra Vita, prepared by NAI Consulting, dated September 6, 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. 39. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMP's). 40. The applicant shall install a drywell, or series of drywells, within the retention basin proposed in the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywell(s) shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), 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 drywell(s) by the Home Owners Association (HOA), including the right of the , City to inspect and require the HOA to remove and replace the drywell(s) 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 Resolution No. 21520 Page 17 welfare, to order the removal and replacement of drywell(s) 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. 41. A storm drain easement shall be reserved across that portion of the property to be used for a retention basin, limiting use of the area for drainage purposes. 42. The retention basin and on-site storm drain system shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the retention basin and on-site storm drain system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 43. Submit storm drain improvement plans for all on-site storm drain system facilities for review and approval by the City Engineer. 44. Construct storm drain improvements, including but not limited catch basins, storm drain lines, and drywells for drainage of on-site streets as described in the Preliminary Hydrology Study for Tentative Tract 33936 Terra Vita, prepared by NAI Consulting, dated September 6, 2005. The hydrology study for Tentative Tract Map 33936 shall be amended to include retention basin sizing, catch basin sizing, storm drain pipe sizing, and drywell sizing calculations and other specifications for construction of required on-site storm drain improvements. 45. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 46. 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. 47. All proposed utility lines shall be installed underground. Resolution No. 21520 Page 18 48. All existing utilities shall be shown on the improvement plans required for this ' project. The existing and proposed service laterals shall be shown from the main line to the property line. 49. 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. 50. 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 final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 51. 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. 52. 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 53. 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. 54. 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. 55. Upon approval of the 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 Resolution No. 21520 Page 19 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 56. Install a street name sign and a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection Amado Road and the Main Entry in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 57. 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. 58. Submit traffic striping and signage plans for Amado Road, as necessary to delineate an additional west bound traffic lane along the entire frontage, prepared by a California registered civil engineer, for review and approval by the City Engineer. 59. Provide adequate signage to prohibit on-street parking on Amado Road adjacent to the development. 60. 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 Amado Road and Calle Rolph frontages of the subject property. 61. 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. 62. 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. 633. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Resolution No. 21520 Page 20 Aqua Caliente Band of Cahuilla Indians ' 1. Prior to issuance of grading permits, the applicant/developer shall pay an $800/acre ($3,680.00) habitat conservation mitigation fee as called for in the Tribal Habitat Conservation Plan. 2. The Agua Caliente Tribal Historic Preservation office (THPO) requests copies of any cultural resource documentation that might be generated in connection with this project for permanent inclusion in the Agua Caliente Cultural Register. 3. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations. Given that, the Agua Caliente THPO requests that an Approved Cultural Resources Monitor(s) be present during any survey and/or ground disturbing activities. Should buried cultural deposits be encountered, the Monitor shall notify the Agua Caliente Director of Historic Preservation and if necessary, prepare a mitigation plan. TENTATIVE TRACT 33936 FOR CONDOMINIUM PURPOSES 1p GOVERNMENT LOT 150 a IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA BEING A PORNON OF THE N.E. Ol1.WIER OF SECTION 14.TOWNSHIP 4 SOOTi. WOE 4 EAST OF THE SIN BERNARDINO MERIDIAN or Y n q� �y O o LID Ili I. 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