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HomeMy WebLinkAbout21522 - RESOLUTIONS - 3/1/2006 RESOLUTION NO. 21522 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 33853 FOR THE SUBDIVISION OF APPROXIMATELY 1.14 ACRES INTO TWELVE RESIDENTIAL CONDOMINIUMS, COMMON REC- REATIONAL SPACE, A PRIVATE STREET, AND ASSOCIATED LANDSCAPING, LOCATED IN THE VICINITY OF THE SOUTHWEST CORNER OF NORTH SUNRISE WAY AND VISTA CHINO ROAD, ZONE P, SECTION 11. WHEREAS, The applicants Shaida Mansoub and Behzad Saboorian have filed an application for a General Plan Map Amendment to re-designate approximately 1.14 acres of land from P (Professional) to M15 (Medium Density Residential 12-15 units/acre), located in the vicinity of the southwest corner of North Sunrise Way and Vista Chino Road, Section 11, APN: 507-100-041; and WHEREAS, the proposed Tentative Tract Map would allow re-subdivision of land for condominium purposes, 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, a Draft Negative Declaration has been prepared for this Project and provided to the Planning Commission on February 22, 2006, and was distributed to local agencies and interested parties for review between ,January 28, 2006, and February 18, 2006, in accordance with CEQA; and WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the public hearing on the proposed project, the Negative Declaration, including but not limited to the plans, schematic site plan, conceptual elevations, lighting plan, along with all written and oral testimony presented, and has recommended that the City Council adopt Tentative Tract Map 33853 and architectural design; and, WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1084 GPA, a request to amend the General Plan Map, was given in accordance with applicable law; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1084 COZ, a request to amend the Zoning Map, was given in accordance with applicable law; and WHEREAS, on February 22, 2006, a public hearing was held to consider Case No. 5.1084 GPA, and a COZ, a request to amend the Zoning Map and a request to amend the General Plan Map, was held by the Planning Commission in accordance with applicable law; and Resolution No. 21522 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, an ordinance was prepared for two readings before Council for the approval of Tentative Tract Map 33853, and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider said Ordinance adopting the Change of Zone to allow for approval of TTM33853, was held by the City Council in accordance with applicable law; and WHEREAS, on March 1, 2006, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and, WHEREAS, in accordance with Section 15063 of the California Environmental Quality Act guidelines, an Initial Study was prepared which found that the proposed project could not have a significant effect on the environment; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: Pursuant to CEQA, the City Council finds that the current environmental assessment for TTM33853 adequately addresses the general environmental setting of the proposed. The City Council further finds that no significant environmental impacts will result from this project and therefore recommends adoption of a Negative Declaration for the project. Section 2: Pursuant to Section 94.07.00, the criteria for granting a Change of Zone, the City Council finds: 1. The proposed change of zone is in conformity with the general plan map and report. Any amendment of the general plan necessitated by the proposed change of zone should be made according to the procedure set forth in the State Planning Law either prior to the zone change, or notice may be given and hearings held on such general plan amendment concurrently with notice and hearings on the proposed change of zone. The General Plan is proposed and is in conformance with the procedures in the State Law because it is proposed in conjunction with the Change of Zone and architectural review. A public notice was published in the local newspaper regarding both the environmental document and the public hearing. A public hearing will occur at both the Planning Resolution No. 21522 Page 3 Commission and the City Council level for the amendments to the General Plan and Zoning Maps. 2. The subject property is suitable for the uses permitted in the proposed zone, in terms of access, size of parcel, relationship to similar or related uses, and other considerations deemed relevant by the commission and council. The proposed project is an infill residential condominium proposal. As proposed the condominium development project is compatible with the proposed General Plan Amendment and Change of Zone designation, use, and development standards. The proposed development is located in an area comprised of a variety of uses including residential development. 3. The proposed change of zone is necessary and proper at this time, and is not likely to be detrimental to the adjacent property or resident. The residential condominium project proposal is consistent with the intent of the proposed Amendment to the General Plan Map and Change of Zone. The request for residential development is not out of place with the neighboring context, and staff believes that the requested General Plan Map Amendment and Change of Zone are reasonable requests and that this development could benefit the immediate neighborhood because by combining housing with commercial / retail uses in the urban setting, people live close to and utilize the retail and commercial services. Section 3: Additional findings are required for, the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings, and a discussion of the project as it relates to these findings follow: 1. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the proposed M-15 Medium-Density Residential, General Plan designation which governs the subject property. General Plan Objective 3.6b is to provide for the development of between twelve and fifteen dwelling units per acre for the M-15 designation. The overall density of the proposed development is twelve dwelling units per acre. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple-family structures. The project proposes multi-family condominium units. 2. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are consistent with the proposed R-2 zone in which the property for the proposal is located. Development standards proposed as part of the planned development district provide flexibility in design details related to on-site parking, building arrangement, and building height. Resolution No. 21522 Page 4 3. The site is physically suited for this type of development. ' The site is vacant and slightly undulating and measures approximately 1,14 acres which is large enough to accommodate the proposal applying the required development standards. 4. The site is physically suited for the proposed density of development. The proposed 1.14 acre development area of project site can accommodate 12 condominium units without significant grading, the site abuts an improved public street with existing utilities, and the site is access by a major thoroughfares. 5. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Negative Declaration prepared for the proposal adequately addresses the general environmental setting of the project and for the project and finds that the project will have no adverse impact on the environment. 6. 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 the development area and an access system that provides an orderly system of internal driveways and motor courts. 7. 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. The design of the subdivision will not conflict with easements for access through or use of the property. The design of the subdivision accommodates the existing and proposed drainage way. Section 4: Pursuant to California Law, an ordinance was prepared for two readings before Council for the approval of the change of zone and a thirty day waiting period before it is effective allowing the approval of Tentative Tract Map 33853, and Section 5: The City Council approves Case Number 5.1084, Tentative Tract Map 33853 and project architectural approval. ADOPTED this 15t day of March, 2006. Resolution No. 21522 Page 5 I David H. Readr�'City Manager ATTEST: tomes 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, hereby certify that Resolution No. 21522 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 � I es Thompson, City Clerk C ity of Palm Springs, California L FGAL IN THE CITY OF PALM SPRINGS, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA TENTATIVE TRACT N0. 33853 = T ij.CDox r°i. R rb`°'`serz FOR CONDOMINIUM PURPOSES OWNER /P 0 APPCIC.WT/OE� F FARCEL A 3 of LOT ONE USs ENT NO. 01-01 RECORDED APRIL So, 2001 As INSIRUMEHE _ / 2001-1585�Or LOCATED IN THE LL E£NE RECORD OF SECOND 11 0 MY. CAUFORN LM - io wpm�KKx ° ALSO n•.I m_„m SUNRISE TOWN HOMES" G �. ASSESSOR'S PARCf! N0 SEPTEMBER 2005 NE CO.R SEC 1I Sr-�� ACREAGE• �IS7A CHINO ROAD 1.i A.fnw i'l l� GENERAL PUN AND ZONING LUTA• ApN 502-I00-040 veeu rvnv xzew T.m�ia=).mrrlsur! crxGau (bn I u.ww rs GEN. PLAN' PROFESSIONAL ZONING: P" zuwc lwwssvl n-r nwo xl.wz urr.l USE.- DESERT NOS PROJECT I(NJD APN 50]-30-013-020,-OT I,-022 ET AL USE. I GEN. PLAN PROFESSIONAL vowcaa twmnnru) lJ J U I�y ZONING: 'U-S-C" sm nearcxrra eawouwwu ssu 1um)-v urns I Al� I USE. PALM SPRINGS �,II I~ MARXU PGCE 5HOPPING CENTER IVE5/CH00 0/67PIC I� I IDIRWYE' HN[wN GY'OM'H IUSM 'a srvmxr cwravw us ccw.xr - - � � es„�L4 w - __ III 5 ax• °6 a eAu v..r.! - � r \T�es; ;t�� .�I A I-- _ _ _ _ _ _ AFRRaXjAt4TFLFARTHWORK QUA cur: rez tree..ns AP N 50]-100-030(-��. - -_____�_____ Niri+w- r„cw c GEN PLAN. PROFESSIDNpC I --- . j EM NT NO ZONING: FAS F 7FC• USE ONDEVECOPEO "."iaiwx�.n,d ®,.0,.cm . ;y-__ —---___. /:-____ ___ __..__ _ _ _- ;�.,,• I APN 507-421-033 GEN PLAN. LOW 4 ZONING "R-]-B" ,rnrm "i's�v+.+r..R„�.s.enrr+.r......zr.r. i I �" --_---_ -'x.. `,t• USE. RESIDENTIAL H.OA. Arms. I . NO r `---_s _a --------__L - --------------- _ .ce.n........noms.rr.....zm. r � � CEN. PLAN: MEpI M 15 o ruo.ra rcrv,.n.sn cuue.rs ro r,.urzoa uurm ___ APN SOA-100-OT� ZONING: "R-2" I - - USE.. MULTIoFAMILY/DWELLINGS iJ -. Ott 0 5 Mi M TENTATIVE TRACT SUBMIITAC � LEGEND &ARBREWARONS• ;Warner _ FI =EGDeN tar,ND, engineering 61CCNlTY MAP NORTH SUNR15 WAY (PURIIC cmrF7) lsrlc rrcw cF Exis-zwe .su vv.rcRass src A,v"le _- - P10ML5 BROiRERS CVIOE COORDINIi£5 . ) nwwruvro COR/ON) i- 5 x¢x�iY )1.5 blNW Lµr Z PAD£)56 OLLIO Fb SYI A 1-1 a W •°IErino)iii iioi"`o o livol i!i vise zv. h Case No. 5.1084 / 3.2817 Sunrise Condominiums In the vicinity of the southwest corner of Vista Chino Drive and Sunrise Way 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 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. PROJECT SPECIFIC CONDITIONS Administrative ' 1. 'The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. 'The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1084 / 3.2817. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. "That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with 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 shall be payable ' prior to the issuance of building permits. 6. Pursuant to State Law, a Change of Zone must be adopted by Ordinance, which includes two readings at different meetings and a thirty-day period before it is effective. CC&R's 7. 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, 8. 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. 9. The CC&R's shall have a disclosure statement regarding the location of the project ' relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. Cultural Resources 10.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. Final Design 11.Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 12.An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down- lights shall be utilized. No lighting of the hillside is permitted. 13.A General Plan Map Amendment and Change of Zone Map Amendment must be approved in order to construct the residential condominiums. Public Safety CFD 14.1-he Project will bring additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed priior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. GENERAL CONDITIONS/CODE REQUIREMENTS ' 15.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. 16.The appeal period for a GPA, COZ, and MAJ application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 17.The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 18.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. 19.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. 20.All materials on the flat portions of the roof shall be earth tone in color. 21.All awnings shall be maintained and periodically cleaned. 22.All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 23.No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 24.Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 25.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. 26.The street address numbering/lettering shall not exceed eight inches in height. 27.Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 28.Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 29.Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 30.No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 31.No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 32.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. 33.The applicant shall provide all tenants with Conditions of Approval of this project. 34.Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 35.Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 36.Handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. WASTE DISPOSAL 37.Eliminated by City Council on March, 1, 2006. POLICE DEPARTMENT 38.Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 39.Prior to any construction on-site, all appropriate permits must be secured. FIRE 40.Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 41.Fire Extinguisher Requirements: Provide one 2-A:10-B: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. 42.Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. 43.Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. 44.Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 45.Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. ' 46.Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 47.Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 20 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC) ADA 48.The main entrance into each ground floor unit is required to be accessible without any stairs to allow people with mobility impairments easy access. ENGINEERING STREETS 49.Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 50.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. SUNRISE WAY 51.Remove the existing curb and gutter located 32 feet west of centerline and replace with a 6 inch curb and gutter located 38 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 52.Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located approximately 85 feet south of the north property line. Access shall be limited to right turn ingress and egress only. 53.IRemove the existing meandering sidewalk and construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 54.Remove and replace the existing curb ramp at the south side of the existing driveway adjacent to the northeast corner of the property meeting current California State Accessibility standards in accordance with City of Palm Springs Standard Drawing No. 214. 55.Extend the existing 12-feet wide, raised, landscaped median island across the entire frontage of the property. The design shall be as required by the City Engineer, with landscaping approved by the Director of Planning. Provide a 50 feet long southbound left-turn pocket with a 60 feet long bay taper at Sandalwood Drive. The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. 56.Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning. The irrigation system shall be connected to the existing system within the median. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. 57.AII median landscaping shall be shall be guaranteed for a period of 90 days from the date of acceptance by the City Engineer. Any landscaping that fails during the 90-day landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent 90-day landscape maintenance period. 58.Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire Sunrise Way frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ON-SITE 59.The on-site street shall be a minimum of 24 feet wide (as measured from curb face or edge travel way). 60.All on-site streets shall be constructed with concrete wedge curbs, roll curbs, or standard curb to accept and convey on-site stormwater runoff to the on-site storm drain system and underground retention areas, in accordance with applicable City Standards. 61.Construct pavement with a minimum pavement section of 2'Y2 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. 62.Parking shall be restricted along both sides of the on-site private street 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. 63.The entry on Sunrise Way shall not be gated. Access into the development shall remain op� and unobstructed, unless specifically approved in writing by the City Engineer. SANITARY SEWER 64.All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 65.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 if 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. 66.The on-site sewer system shall connect to the sewer main in Sunrise Way with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 67.AII 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 bi included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. GRADING 68.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 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 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. 69.Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 70.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. 71.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. 72.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. 73.In cooperation with the Riverside County Agricultural Commissioner and the Califor Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading pern involving a grading plan and involving the export of soil will be required to present a clearan 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 74.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 Drainage Analysis for Sunrise Townhomes (Tentative Tract 33853), prepared by Warner Engineering, dated December 7, 2005. Final underground 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. 75.Stormwater runoff may not be released directly to the adjacent streets without first intercepti� and treating with approved Best Management Practices (BMP's). 76.The applicant shall install drywell(s) to which overflow from the underground retention areas will discharge and then flow to Sunrise Way. The drywell(s) shall be appropriately sized to accommodate the expected daily overflow from the underground retention areas, 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. 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 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. 77.The on-site underground retention areas and storm drain system shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site underground retention areas and storm drain system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 78.Submit storm drain improvement plans for all on-site storm drain system facilities for review ai approval by the City Engineer. 79.Construct storm drain improvements, including but not limited catch basins, storm drain Imes, on-site underground retention areas, and drywell(s) for drainage of on-site streets as described in i i the Preliminary Drainage Analysis for Sunrise Townhomes (Tentative Tract 33853), prepared by Warner Engineering, dated December %, 2005. The Final Drainage Analysis for Sunrise Townhomes (Tentative Tract 33853) shall include sizing of the on-site underground retention areas, catch basins, storm drain pipes, and drywells and other specifications for construction of required on-site storm drain improvements. 80.The applicant is advised that the proposal for on-site underground retention systems within the landscaped area adjacent to Sunrise Way may preclude the ability to install appropriate landscaping as may be required by the Planning Department. The underground retention systems shall be designed at a sufficient depth to allow typical landscape planting, including trees, and in a manner that does not interfere with the ability of the system to receive runoff in the future. 81.The proposed underground retention systems shall be installed on-site and not within the public right-of-way. The underground stormwater retention systems shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of the underground stormwater retention systems shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Home Owners Association (HOA), including reference to the fact that maintenance and/or replacement of the system may require removal of existing landscaping improvements within the landscaped area at the sole expense of the HOA. The CC&R's shall ' reserve the right of the City to inspect and ensure that the underground retention systems are operational, and in the event of their failure, shall provide the City the right to advise the HOA and require its repair or replacement to the satisfaction of the City Engineer. 82. 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 83.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. 84.All proposed utility lines shall be installed underground. 85.In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand:volts or less and overhead service d, conductors, and all gas, telephone, television cable service, and similar service wires or lin which are on-site, abutting, and/or transecting, shall be installed underground unless spec restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the north property line and on-site meet the requirement to be installed underground. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to approval of any grading plan. Undergrounding of all existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 86.All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 87.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. 88.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 changes to approved improvement plans shall be submitted to the City Engineer for approll prior to construction. 89.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. 90.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 91.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. 92.A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the Cit Engineer for review and approval for any restrictions related to the Engineering Divisio recommendations. The CC&R's shall be provided with the first submittal of the Final Map, a shall be approved by the City Engineer prior to approval of the Final Map. 93.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 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 aiuthorized, upon prior approval of the City Engineer. 94.Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. Record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of such, the proposed buildings encumbered by record easements are rendered unbuildable until such time as the easements are removed of record and are not an encumbrance to affected buildings. 95.A 5 feet wide easement shall be reserved on the Final Map along the boundary of the project as necessary to facilitate the operation and maintenance of the private on-site storm drainage system of rear yard areas into the proposed underground retention system. ' TRAFFIC 96.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 Sunrise Way frontage of the subject property. 97.IInstall a street name sign (if identified by a name) and a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of Sunrise Way and the entry to the development in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 98.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. 99. Construction signing, lighting and barricading shall be provided for on all projects as required by Ciity 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. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.