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HomeMy WebLinkAbout21544 - RESOLUTIONS - 4/5/2006 RESOLUTION NO. 21544 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 33623, FOR THE SUBDIVISION OF APPROXIMATELY 3.42-ACRE PARCEL INTO TEN SINGLE-FAMILY RESIDENTIAL LOTS. LOCATED ON THE NORTH SIDE OF VIA ESCUELA AND WEST OF GENE AUTRY TRAIL, ZONED R-1-D, SECTION 6. WHEREAS, Contempo Homes (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 30350; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 33623 was given in accordance with applicable law; and • WHEREAS, on March 22, 2006, a public hearing on the application for project was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission 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, notice of public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 33623 was given in accordance with applicable law; and WHEREAS, on April 5, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and 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, sand has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence ' presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. Resolution No. 21544 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE ' AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council has independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Councils independent judgment and analysis. Section 2: Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Map is consistent with the goals and objective of the L-6 (Low Density Residential), General Plan designation which governs the subject property as well as all property adjacent to the subject site. The applicant is proposing 10 lots on an approximately 3.42-acre parcel; this proposal is within the density parameters of the General Plan. b. The design and improvements of the proposed Tentative Tract Map are ' consistent with the zone in which the property is located. The proposed project is consistent with the zoning designation of R-1-D, which allows the development of single-family residence at the proposed location. The proposed subdivision and the provision for its design and improvements comply with the applicable development standards for streets and lot design. C. The site is physically suited for this type of development. The project site is relatively flat and each lot contains adequate developable building area, There are no known bodies of water, ravines, or significant topographic features on the subject property. d. The site is physically suited for the proposed density of development. The General Plan Designation of L-6 establishes a threshold density of 5 dwelling units per acre and a maximum of six dwelling units per acre. The proposed density of approximately 3 dwelling units per net acre is within the allowable range of density. Thus the site is physically suited for the number of proposed number of lots, and the density of the subdivision is consistent with the General Plan. ' Resolution No. 21544 Page 3 e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Environmental Initial Study prepared for the site determined that the project is adjacent to existing residential uses to the southern and easterly portions of the location. With the implementation of proposed mitigation measures, any environmental impacts affecting animals or plan will be mitigated to a level of less than significant. As stated earlier, there are no known bodies of water on the subject property and therefore no fish will be disturbed. t. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects home sites while providing water quality basins, and a street system which is consistent with City Standards. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements across the subject property; therefore, the design of the subdivision will not conflict with any public easements for access through or use of the property. The applicant is required to dedicate necessary easements for public access and circulation in and around the new subdivision. Section 3: The City Council adopts the Mitigated Negative Declaration for Tentative Tract Map 33623, and directs staff to file the associated Notice of Determination. Section 4. The City Council approves Tentative Tract Map 33623. ADOPTED THIS 5th day of April, 2006. David H. Ready, City'Malmgjer ATTEST: / dames Thompson, City Clerk Resolution No. 21544 Page 4 CERTIFICATION STATE OF CALIFORNIA ) I COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21544 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 1st 2006, by the following vote: AYES: Councilmember McCulloch, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: Councilmember Mills and Councilmember Pougnet ABSTAIN: None ?es Thompson, City Clerk Palm Springs, California Resolution No. 21544 Page 5 EXHIBIT A ' CITY OF PALM SPRINGS CONDITIONS OF APPROVAL TENTATIVE TRACT MAP 33623 (Contempo Homes) APN: 677-030-019 April 5, 2006 North of Via Escuela and West of Gene Autry Trail 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 Tentative Tract Map 33623. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter or pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an Resolution No. 21544 Page 6 adverse judgment or failure to appeal, shall not cause a waiver of the , indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, ' and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment 6. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: Resolution No. 21544 Page 7 MM 2-1 Prior to the issuance of certificates of occupancy, the project proponent shall comply with the traffic improvement mitigation requirements set forth in Appendix A, Draft Traffic Impact Analysis, Contempo Homes (Alexander Village and Vista Estates by LOS Engineering, dated January 27, 2005. The measures are summarized below: (Transportation / Circulation) a. The project shall install a traffic signal at the Gene Autry Trail / Via Escuela intersection, the cost of which shall be reimbursed by other developments required to pay a fair share contribution for this signal. b. The northbound and southbound approaches to the Gene Autry Trail / Via Escuela intersection shall have left turn lanes and combination through-right turn lanes. C. On-site traffic signing / striping shall be implemented in conjunction with detailed construction plans for the proposed project site. d. Prior to the issuance of grading permits, sight distance at the project access shall be reviewed with respect to standard Caltrans sight distance standards. MM 3-1 To the extent feasible, the project contractor shall use the following equipment to reduce and methods to reduce construction emissions: (Air Quality) a. To mitigate for off-road mobile source emissions (Table 11-3 of SCAQMD CEQA Hankbook): • Use of methane-fueled pile drivers; • Use of electricity from power poles rather than temporary diesel or gasoline power generators; • Use of methanol or natural gas on-site mobile equipment instead of diesel; and • Use of propane- or butane-powered on-site mobile equipment instead of gasoline. b. To mitigate for PM10 Emissions related to Grading: • Apply non-toxic soil stabilizers according to manufacturers' specifications to all inactive construction areas (previously graded areas inactive for ten days or more). • Replace ground cover in disturbed areas as quickly as possible. • Enclose, cover, water twice daily or apply non-toxic soils binders according to manufacturers' specifications, to exposed piles (i.e., gravel, sand, dirt)with five percent or greater silt content. Resolution No. 21544 Page 8 • Water active sites at least twice daily. ' • Suspend all excavating and grading operations when wind speeds (as instantaneous gusts) exceed 25 mile per hour. • Monitor for particulate emissions according to SCAQMD District-specified procedures. Contract the District for more information at 714-396-3600. C. To mitigate for PMio Emissions related to Paved Roads: • Sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads (recommend water sweepers with reclaimed water). • Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and equipment leaving the site each trip. d. To mitigate for PM10 Emissions related to Unpaved Roads: • Apply water three times daily, or non-toxic soil stabilizers according to manufacturers' specifications, to all unpaved parking or staging areas or unpaved road surfaces. • Traffic speeds on all unpaved roads to be reduced to fifteen miles per hour or less. ' • Pave construction roads that have a traffic volume of more than 50 daily trips by construction equipment, 150 total daily trips for all vehicles. • Pave all construction access roads at least 100 feet on to the site from the main road. • Pave construction roads that have a daily traffic volume of less than 50 vehicle trips. MM 3-2 The following measures from the District's Rule 403, Table 1, Best Available control Measures (Applicable to All construction Activity) shall also be implemented: (Air Quality) 1. Stabilize backfill material during handling and at completion of activity. 2. Pre-water soils prior to cut and fill activities. 3. Stabilize wind erodible surfaces to reduce dust. 4. Stabilize surface soils where support equipment and vehicles will operate. 5. Stabilize disturbed soils throughout the construction site. ' Resolution No. 21544 Page 9 6. Pre-apply water and re=apply water as necessary to ' maintain soils during earth=moving activities. Visible emissions shall not exceed 100 feet in any direction. 7. Maintain at least six feet of freeboard on haul vehicles. 8. Stabilize stockpiled soils. 9. Limit vehicular travel to established unpaved roads (haul routes) and unpaved parking lots. MM 4-1 All construction vehicles or equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with property operating and maintained mufflers. This requirement shall be included on the contractor specifications and shall be verified by the Planning Director. (Noise) MM 4-2 Stockpiling and/or vehicle staging areas shall be located on- site and as far as practical from sensitive noise receptors (i.e., residential homes located south and east of the project). This requirement shall be included in the contractor specifications and shall be verified by the Planning Director. (Noise) MM 11-1 In conjunction with Tentative Tract Maps 33443 and 33623, pay the $800 per acre mitigation fee to the Tribe for 36 acres of habitat that will be impacted by the three-subdivision project that may be occupied by the federally endangered fringe-toed lizard and other species of concern including: the flat-tailed horned lizard, Palm Springs ground squirrel, Palm Springs pocket mouse; species of concern that have a lower likelihood of onsite occurrence, including burrowing owl and black tailed gnatcatcher and SNPS-sensitive chaparral sand verbena that does occur on the site and slender wooly heads, if it occurs there now or may in the future. (Biological Resources) MM 11-2 Conduct pre-construction surveys for burrowing owls within 48 hours of construction and have a qualified biologist remove them, if found, and collapse burrows to prevent re- occupation. (Biological Resources) MM 11-3 Conduct pre-construction live trapping for burrowing mammals 48 hours in advance of grading to remove burrowing animals that may otherwise be entombed and to obtain better data on potentially occurring species. (Biological Resources) Resolution No. 21544 Page 10 MM 11-4 Refrain from storing soils or building materials on-site in an ' unconfined manner that would attract burrowing species. Stored soil shall be covered and weighted to prevent wildlife intrusion. Spoils from development shall be removed to prevent potential attraction of sensitive species. (Biological Resources) MM 12-1 Archaeological monitoring of earth-disturbing activities shall be done by a qualified archaeologist and tribal appointed monitor in compliance with the tribal Historic Preservation Office. (Cultural and Historic Resources) MM 12-2 In the event that cultural resources are located during grading activities on the 23 acres of tribal land related to this project, construction must be halted in the vicinity of the find and the BIA Regional Archaeologist and project archaeologist shall be notified. If cultural resources are located during grading activities on the eleven acres of non-reservation (fee land), construction activities must be halted in the vicinity of the find and the project archaeologist shall be notified. Work should not proceed in the area of the find, but rather be redirected, if possible, until a qualified archaeologist has ' been consulted to determine the significance of the find. The City of Palm Springs General Plan Historic element policy 5b/16 includes the requirement "...if archaeological resources are uncovered during grading for any project within the planning area, the building contractor shall stop grading immediately. The contractor shall notify the City and shall summon a qualified archaeologist to determine the significance of uncovered resources and specify appropriate mitigation." (Cultural and Historic Resources) 7. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. CC&R's 8. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the ' Director of Planning Services for approval in a form to be approved by the City Resolution No. 21544 Page 11 Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be ' submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Public Safety CFD '10. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided ' that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. Cultural Resources —THPO Here are the standard conditions of approval from the Tribal Historic Preservation Office: 1. Based on the project location within the Traditional Use Area, the Agua Caliente THPO requests copies of any cultural resource documentation that might be generated in connection with these efforts for permanent inclusion in the Agua Caliente Cultural Register. 2. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations. Given that, the Tribe requests that an Approved Cultural Resource Monitor(s) be present during any survey and/or any ground disturbing activities. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Resolution No. 21544 Page 12 Preservation Officer and the Agua Caliente THPO. Please contact our offices ' for further information about Approved Cultural Resource Monitors. ENGINEERING/PUBLIC WORKS DEPARTMENT The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. LEGAL ACCESS 1. If not already obtained, the applicant shall be required to obtain a public right-of- way "without limitation as to tenure" across the property identified by Assessor's Parcel Number 677-030-032, as necessary to provide public access from Via Escuela to the subject property, as required by the City Engineer. The public right-of-way shall be approved by the Bureau of Indian Affairs and recorded with the Riverside County Recorder prior to approval of a final map or issuance of grading permit. 2. The applicant shall be responsible for compliance with all Bureau of Indian Affairs ' (B.I.A.) requirements, including payment of any BIA fees, obtaining appraisals and payment of just compensation to the underlying owner associated with acquisition of the public right-of-way across the property identified by Assessor's Parcel Number 677-030-032. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain the required public access easement. 3. If not already constructed by others, the applicant shall construct a minimum 36 feet wide public street, with 6 inch curb and gutter constructed 18 feet from centerline in accordance with City of Palm Springs Standard Drawing No. 200, with a minimum pavement section of 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. The public street shall extend from Via Escuela to the subject property, as required by the City Engineer. 4. Upon completion of the public street across the property identified by Assessor's Parcel Number 677-030-032, and as a condition of acceptance of the public street 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 the public 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 Resolution No. 21544 Page 13 approved by the City Engineer prior to final acceptance of the public improvements, 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. STREETS 15. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 6. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. 7. When public dedications of easements or rights-of-way over Tribal Allottee land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including payment of any BIA fees, 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 "without limitation as to tenure"; easements granted with a defined term, or made in connection with an underlying Indian Land Lease, shall not be accepted. £3. 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. HELENE'S TRAIL (PUBLIC STREET) 9. Upon a finding by the Planning Commission that there is no significant impact to the health, safety and welfare of the residents of the proposed neighborhood, in accordance with General Plan Policy 7.1.6, a reduced right-of-way width of 40 feet may be approved. The applicant shall dedicate a right-of-way of 40 feet across the proposed public street. Resolution No. 21544 Page 14 10. Dedicate right-of-way for the cul-de-sac in accordance with City of Palm Springs Standard Drawing No. 101, modified with R1=25 feet and R2=45 feet. 11. Dedicate an easement 3 feet wide adjacent to proposed public right-of-way for sidewalk purposes. 12. Dedicate an easement 7 feet wide along the back of all driveway approaches for sidewalk purposes. 13. Construct 6 inch curb and gutter, 18 feet from centerline along both sides of centerline; and construct a 6 inch curb and gutter throughout the cul-de-sac in accordance with City of Palm Springs Standard Drawing No. 101, modified with R=27 feet, and City of Palm Springs Standard Drawing No. 200. 14. Construct driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 15. Construct a 5 feet wide sidewalk behind the curb along the frontage of the public street in accordance with City of Palm Springs Standard Drawing No. 210. 16. Construct a minimum pavement section of 2'Y2 inches asphalt over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, between the proposed gutters on both sides of the ' street in accordance with City of Palm Springs Standard Drawing No. 110. 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. SANITARY SEWER 17. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 18. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 19. Construct an 8 inch V.C.P. sewer main across the public street frontage located 5 feet from centerline as required by the City Engineer. All sewer mains constructed by the applicant and to become part of the public sewer system shall be televised prior to acceptance of the sewer system for maintenance by the City. Sewers shall be installed and accepted prior to issuance of a certificate of occupancy. 20. If not already obtained, the applicant shall be required to obtain public sewer ' easements "without limitation as to tenure" across the property identified by Resolution No. 21544 Page 15 Assessor's Parcel Number 677-030-032, as necessary to extend sanitary sewer service to the subject property, as required by the City Engineer. The public sewer easements shall be approved by the Bureau of Indian Affairs and recorded with the Riverside County Recorder prior to approval of a final map or issuance of a grading permit. 21. The applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including payment of any BIA fees, obtaining appraisals and payment of just compensation to the underlying owner associated with acquisition of public sewer easements across the property identified by Assessor's Parcel Number 677-030-032. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain the required public sewer easements. 22. Upon completion of the public sewer system extension across the property identified by Assessor's Parcel Number 677-030-032, and as a condition of acceptance of the public sewer system 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 the public sewer 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 public sewer improvements, 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. 23. If not already completed by others, the applicant shall design and construct an : extension of the public sewer main within Gene Autry Trail, from Vista Chino to Via Escuela; within Via Escuela located 5 feet from centerline, from Gene Autry Trail to a point opposite the southerly extension of the west Tract boundary; and across the property identified by Assessor's Parcel Number 677-030-032 as necessary to extend sanitary sewer service to the subject property, as approved by the City Engineer. The applicant shall obtain approval from the City Engineer of the location of proposed sewer main extensions within Gene Autry Trail to avoid conflicts with planned Gene Autry Trail widening improvements to be constructed by the City in the future. Construction of the extension of the sanitary sewer system to the subject property shall be completed prior to issuance of a building permit. 24. The applicant shall be required to obtain State permits and approval of plans for sewer construction performed within Vista Chino (State Highway 111) right-of- way. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of any building permits. Resolution No. 21544 Page 16 25. The applicant shall coordinate construction of the sanitary sewer extension within ' Gene Autry Trail and Via Escuela such that the sewer construction precedes construction of the planned Gene Autry Trail widening improvements (City Project No. 02-03) by the City. In the event the applicant has not completed construction of the sanitary sewer extension within Gene Autry Trail and Via Escuela prior to the City's approval of construction documents for bidding of City Project No. 02-03, the applicant shall be responsible for coordinating construction of the sanitary sewer extension as a part of City Project No. 02-03, which shall be completed by the City. The applicant shall be required to deposit an amount representing the City Engineer's estimate of the cost to construct the sanitary sewer extension within Gene Autry Trail and Via Escuela within 10 days notice from the City Engineer, and shall be required to deposit additional amounts as necessary to cover the awarded construction contract cost of the sanitary sewer extension, and any required contract change orders during construction of the sanitary sewer extension within Gene Autry Trail and Via Escuela, upon 10 days notice from the City Engineer. The applicant shall be required to enter into an agreement establishing the terms and obligations of the applicant and the City in coordinating construction of the applicant's required sanitary sewer extension as a part of City Project No. 02-03 by the City. 26. Costs associated with design and construction of the off-site sewer extension within Gene Autry Trail, from Vista Chino to Via Escuela, may be reimbursed, pursuant to a Sewer Reimbursement Agreement approved by the City Council in accordance with the policies established by Resolution 13773, and amended by Resolution 15975. Following completion and acceptance of the off-site sewer extension by the City Engineer, if reimbursement is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Sewer Reimbursement Agreement with a $2,500 deposit for City staff time associated with the preparation of the Sewer Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Sewer Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Sewer Reimbursement Agreement. The Sewer Reimbursement Agreement is subject to the City Council's review and approval at a Public Hearing, and its approval is not guaranteed nor implied by this condition. GRADING 27. Submit a Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review ]Resolution No. 21544 Page 17 and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 28. The applicant shall obtain approvals to perform off-site grading from the record owners of the adjacent properties identified by Assessor's Parcel Numbers 677- 030-001 and 677-030-032. Approvals shall include, but not be limited to, a right- of-entry and permanent slope easement, a maintenance and joint use agreement, or other legally recognized approvals, subject to the review and approval by the City Engineer and/or the City Attorney. Off-site approvals by the adjacent property owners shall be required prior to approval of a grading plan. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 30. 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. 31. 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. Resolution No. 21544 Page 18 32. A soils report prepared by a California registered Geotechnical Engineer shall be ' required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 33. 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 34. The applicant shall obtain public easements "without limitation as to tenure" for storm drainage purposes for release of stormwater runoff from the public street within Tentative Tract Map 33623 across the property identified by Assessor's Parcel Number 677-030-032 as necessary to convey on-site runoff to the common retention basin located adjacent to the northwest corner of Via Escuela and Gene Autry Trail proposed as part of Tentative Tract Map 33443 on the property identified by Assessor's Parcel Number 677-030-032, as described in the Preliminary Hydrology Report for Tentative Tract No. 30350, prepared by The Keith Companies, dated October 17, 2005 (as amended), and as required by the City Engineer. The storm drainage easements shall be approved by the Bureau of Indian Affairs and recorded with the Riverside County Recorder prior to approval of a final map or issuance of grading permit. 35. The applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including payment of any BIA fees, obtaining appraisals and payment of just compensation to the underlying owner associated with acquisition of storm drainage easements across the property identified by Assessor's Parcel Number 677-030-032. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain the required storm drainage easements. 36. Upon completion of storm drainage improvements across the property identified by Assessor's Parcel Number 677-030-032, including construction of the common retention basin located adjacent to the northwest corner of Via Escuela and Gene Autry Trail proposed as part of Tentative Tract Map 33443 on the , property identified by Assessor's Parcel Number 677-030-032, and as a condition of acceptance of the storm drainage improvements by the City Engineer, the Resolution No. 21544 Page 19 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 the 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 improvements, 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. 37. All stormwater runoff passing through the site shall be accepted and conveyed within the proposed public street by surface drainage through curbs and gutters, as approved by the City Engineer. Underground storm drain lines, catch basins, and other subsurface drainage systems shall not be approved. For all stormwater runoff falling on the site, retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Report for Tentative Tract No. 30350, prepared by The Keith Companies, dated October 17, 2005 (as amended). Final retention basin sizing for the common retention basin located adjacent to the northwest corner of Via Escuela and Gene Autry Trail proposed as part of Tentative Tract Map 33443 on the property identified by Assessor's Parcel Number 677-030-032, and other specifications for construction of required off-site storm drainage improvements shall be finalized in the Final Hydrology Report. 38. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 39. The applicant shall be responsible for preparation of flood control improvement plans prepared by a California registered civil engineer subject to review and approval by the Riverside County Flood Control & Water Conservation District (RCFC) for construction of storm drain improvements necessary to accept and Resolution No. 21544 Page 20 convey all existing off-site stormwater runoff entering the subject property from ' the vacant parcel west of the subject property (identified by Assessor's Parcel Number 677-030-001) to the Whitewater River levee. The storm drain improvement plans shall be approved by RCFC prior to approval of a grading plan. 40. A storm drain easement shall be obtained across the vacant parcel west of the subject property (identified by Assessor's Parcel Number 677-030-001) as necessary to accommodate required storm drain improvements approved by Riverside County Flood Control & Water Conservation District (RCFC) for conveyance of off-site stormwater runoff to the Whitewater River levee. The public storm drain easement shall be granted by the record property owner and recorded with the Riverside County Recorder prior to approval of a final map or issuance of a grading permit. 41. If the Final Hydrology Report demonstrates that the 100-year developed stormwater runoff volume is not contained within the public street right-of-way, easements for storm drainage purposes shall be dedicated to the City adjacent to the public street right-of-way as required to contain the 100-year stormwater runoff. GENERAL 42. 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. 43. All proposed utility lines shall be installed underground. 44. All existing utilities shall be shown on the Grading Plan required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. Resolution No. 21544 (Page 21 45. 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. 46. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 47. 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. 48. 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 49. 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. 50. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 51. The applicant shall be required to enter into a Subdivision Improvement Agreement with provisions associated with the acquisition of required off-site Resolution No. 21544 Page 22 public easements across the property identified by Assessor's Parcel Number ' 677-030-001 and 677-030-032; with provisions associated with the construction of the off-site sanitary sewer extension within Gene Autry Trail and Via Escuela, and with provisions associated with the operation and maintenance of off-site storm drainage easements, including the common retention basin located adjacent to the northwest corner of Via Escuela and Gene Autry Trail proposed as part of Tentative Tract Map 33443 on the property identified by Assessor's Parcel Number 677-030-032. The applicant shall be required submit a $2,500 deposit for City staff time associated with the preparation of the Subdivision Improvement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Subdivision Improvement Agreement, and shall submit additional deposits as necessary when requested by the City. The Subdivision Improvement Agreement shall be approved by the City Attorney and executed by the applicant prior to approval of a final map. TRAFFIC 52. Based on the Alexander Vista Estates (for Tentative Tract Map 30350) and Alexander Village (for Tentative Tract Maps 33443 and 33623) Traffic Analysis Report prepared by Eilar Associates, dated April 28, 2005 (as revised), the following mitigation measures shall be required: a. The applicant shall pay a fair share percentage of 0.11% (or $167.70) for ' the installation of a traffic signal at Gene Autry Trail and Via Escuela prior to approval of a final map. b. The applicant shall pay a fair share percentage of 0.25% (or $748.20) for a future upgrade of the existing traffic signal, construction of a northbound right turn lane, and an additional southbound left turn lane at the intersection of Vista Chino and Farrell Drive prior to approval of a final map. C. The applicant shall pay a fair share percentage of 0.29% (or $438.60) for the installation of a traffic signal at Vista Chino and Whitewater Club Drive prior to approval of a final map. 53. A minimum of 48 inches of clearance shall be provided on all 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 along the Helene's Trail frontage of the subject property. 54. 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. Resolution No. 21544 Page 23 55. 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. 56. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. POLICE DEPARTMENT 'I. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. 13UILDING DEPARTMENT: 2 Prior to any construction on-site, all appropriate permits must be secured. I-IRE: 11. Construction Requirements: All Construction shall be in accordance with the 1998 California Fire Code, the 1997 Uniform Building Code, City of Palm Springs Engineering requirements, City of Palm Springs Fire Protection Plan, Vol II, City of Palm Springs Ordinance 1570, Desert Water Agency specifications, NFPA Standards plus UL and CSFM listings. 2. Streets and Fire Lanes: Street construction, widths, turning radius' and cul-de- sacs shall be constructed in accordance with the 1998 California Fire Code, Article 9, City of Palm Springs engineering standards, 1997 California Building Code, and Palm Springs Ordinance 1570. 3. Fire Department Access: Minimum Fire Lane width shall be 24' unobstructed per the 1998 California Fire Code, Article 9. Vertical clearance shall not be less than 14'6". 4. Construction Site Fencing Required: Construction site fencing required for new construction over 5,000 SF. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows or until the Fire Marshall deems necessary. Provide 14' wide access gates equipped with changeable chains and locks. 5. Construction Site Guard: Construction site guard required for new construction over 5,000 SF per City of Palm Springs Ordinance 1570. Guard to remain on duty 24 hours a day, 7 days per week, as determined by the fire marshal. Resolution No. 21544 Page 24 6. Turning Radius: The outside turning radius of fire apparatus roads and Cul-de- sac streets shall be at least 43' from centerline, inside turning radius required is 30' from centerline per the 1998 California Fire Code, Article 9 and City of Palm Springs Ordinance 1570. 7. Fire Hydrants, Water Systems and Standpipes: Fire hydrants shall be installed per NFPA standards, plus 1998 California Fire Code and DWA standards. Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants and standpipes or combinations thereof located as directed by this office, but not later than the time when combustible materials are delivered to the construction site. 8. Water Agency Construction Specifications: All water mains, fire hydrants and devices shall be installed in accordance with Desert Water Agency specifications and standards. 9. Mandatory Fire Sprinklers: Automatic Fire Sprinkler System with 24 hours monitoring is required per City of Palm Springs Fire Protection Master Plan Vol. II and City of Palm Springs Ordinance 1570. 10. Fire Sprinkler Installation: Fire sprinklers shall be designed and installed per NFPA 13 and 13D (Modified) by a state licensed C-16 Fire Sprinkler Contractor. ' 11. Further Comments: Further comments as conditions warrant. 12. Fire Flow: Fire flow will be estimated once the square footage and type of construction is known. END OF CONDITIONS re w r wx w:...•a w:.s.ua.w..� U Page 1�e 1 1i "R,§ illa1,p! I'll all; � a 19 SiYYY r[ Wt It Hill L J t FM � c+y h ...PY..../119 too • e� � I 4�1�' Ti` i 3`'• £ '0 LCl7b1 p