HomeMy WebLinkAbout21546 - RESOLUTIONS - 4/5/2006 RESOLUTION NO. 21546
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1090,
PLANNED DEVELOPMENT DISTRICT 323 AND PHASED
TENTATIVE TRACT MAP 33878, FOR THE COTTAGES AT
SMOKE TREE RANCH, A GATED RESIDENTIAL
DEVELOPMENT WITH 31 EXISTING COTTAGE
RESIDENCES AND 21 FUTURE COTTAGE RESIDENCES
ON 49 LOTS, ON A 21.05-ACRE PORTION OF A 41.22-ACRE
PROPERTY, WITH A 20-ACRE OMITTED NOT-A-PART
REMAINDER LOCATED ADJACENT TO 1850 SMOKE TREE
LANE, SECTION 25, T4S, R4E, SBBM.
WHEREAS, Smoke Tree, Inc. (the "Applicant') has filed an application with the City
pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment
and development of Planned Development District 323; and
WHEREAS, Smoke Tree, Inc. (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
33878; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case Number 5.1090, consisting of Planned Development District 323
and Phased Tentative Tract Map 33878 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, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not limited
to the staff report, and all written and oral testimony presented, and has recommended that
the City Council adopt the Mitigated Negative Declaration, and approve Case Number
E6.1090 consisting of Planned Development District 323 and Phased Tentative Tract Map
.23878; and
Resolution No. 21546
Page 2
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case Number 5.1090, consisting of Planned Development District 323 and '
Phased Tentative Tract Map 33878 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, and has
balanced these needs against the public service needs of residents and available fiscal
and environmental resources; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meeting on the project, including but not limited to the
staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance
with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City
Council finds that with the incorporation of proposed mitigation measures, potentially
significant environmental impacts resulting from this project will be reduced to a level of '
insignificance. 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 94.03.00 (E) of the Palm Springs Zoning Code, the City
Council makes the following findings:
a. The proposed planned development is consistent and in conformity with the general
plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs
Zoning Code.
The proposed planned development is consistent with the basic L2 General Plan
designation as a residential use. The proposed density of 0.8 dwelling units per
acre, including the lots and common area, is within the maximum of two dwelling
units per gross acre called out in General Plan Objective 3.4b. The proposed
development is consistent with Policy 3.4.1 because Section 65852.2(b)(5) of the
State Planning and Zoning Law provides that second units shall be deemed to be a
residential use which is consistent with the existing general plan. This is consistent
with General Plan Implementation item 3/4.b allowing planned development district
flexibility in treating density. Finally, 77 percent of the combined lot area and
remainder common area is maintained as open space or private recreational area ,
per Policy 3.4.5, and the project proposes special street and development
standards that maintain a "relaxed" rural atmosphere,
Resolution No. 21546
• Page 3
The type of development proposed by this project allows flexible development
standards on individual lots within the context of the surrounding common area.
b. The subject property is suitable for the uses permitted in the proposed planned
development district, in terms of access, size of parcel, relationship to similar or
related uses, and other relevant considerations.
• The project site is suitable for the development of 49 single-family residential lots. It
is relatively flat and can accommodate building pads, and internal street, and
drainage. Existing access is from East Palm Canyon Drive via Smoke Tree Lane,
with secondary emergency access to Laverne Drive/South Sunrise Way.
C. The proposed establishment of the planned development district is necessary and
proper, and is not likely to be detrimental to adjacent property or residents.
The proposed establishment of the proposed planned development district is
necessary to tailor land uses and development standards for this project so that
smaller lots can be separated from existing common areas in a manner that
preserves the overall openness of the project site and vicinity. The planned district
is also necessary to provide tailored development standards within the proposed
planned district that allow creative placement of residences on lots.
The project site is separated from adjacent residents by the remainder common
area, and allows buffering and desert landscaping.
Section 3: 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 planned development is consistent with the basic L2 General Plan
designation as a residential use. The proposed density of 0.8 dwelling units per
acre, including the lots and common area, is within the maximum of two dwelling
units per gross acre called out in General Plan Objective 3.4b. The proposed
development is consistent with Policy 3.4.'I because Section 65852.2(b)(5) of the
State Planning and Zoning Law provides that second units shall be deemed to be a
residential use which is consistent with the existing general plan. This is consistent
with General Plan Implementation item 3/4.b allowing planned development district
flexibility in treating density. Finally, 77 percent of the combined lot area and
remainder common area is maintained as open space or private recreational area
per Policy 3.4.5, and the project proposes special street and development
standards that maintain a "relaxed" rural atmosphere.
b. The design and improvements of the proposed Tentative Tract Map are consistent
with the zone in which the property is located.
Resolution No. 21546
Page 4
The proposed project design is generally consistent with the stated purposed of
promoting and protecting public health, safety, and welfare, and providing for '
comprehensive and orderly planned use of land resources per Section 91.00.00 of
the Zoning Code because the Planned Development zoning overlay application
provides a mechanism to tailor standards for this project so that smaller lots can be
separated from existing common areas in a manner that preserves the overall
openness of the project site and vicinity. The planned district is also necessary to
provide tailored development standards within the proposed planned district that
allow creative placement of residences on lots.
C. The site is physically suited for this type of development.
The project site is flat, and is located in an area with all urban services and utilities,
including streets.
d. The site is physically suited for the proposed density of development.
The proposed 21.05-acre project site within the 41.22-acre property can
accommodate an additional 21 residences without significant grading, the site has
direct access to improved public streets with existing utilities, and the site is in an area
allowing access to major thoroughfares. 31 cottages are existing, and are served by
streets and utilities.
e. The design of the subdivision is not likely to cause environmental damage or '
substantially and avoidably injure fish, wildlife, or their habitats.
The scope of the project, creating lots for 28 existing cottage sites containing 31
existing cottages, and separating 21 additional lots from a common area remainder for
21 future residences, all on a 21-acre portion of a 41-acre site is limited. Existing
roads will be utilized. As such, the design of the subdivision in not likely to cause
environmental damage or injure wildlife or wildlife habitat. There are no water areas
with fish. Additionally, the project proponent is participating in the Desert Water
Agency Revegetation Plan and providing a Conservation Easement to maintain and
protect areas as natural, open space that will retain its value as Casey's June beetle
habitat.
f. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
The design of the proposed residential subdivision includes the provision of public
water and sewer systems, and an internal, private street system that provides an
orderly system of ordinary and emergency access to the project.
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.
Resolution No. 21546
Page 5
Although there are numerous utilities lines and easements crossing and serving the
existing cottages, these easements have been accommodated in areas developed
with existing cottages, and can be accommodated in the undeveloped areas of the
project site. There is no known public access across the subject property, therefore
the design of the subdivision will not conflict with easements for access through or use
of the property. Any utility easements can be accommodated within the project
design.
Section 4: The City Council adopts the Mitigated Negative Declaration for Case Number
5.1090 — PD-323 and Phased Tentative Tract Map 33878, and directs staff to file the
associated Notice of Determination.
Section 5.: The City Council approves Case Number 5.1090 and Phased Tentative Tract
Map 33878.
ADOPTED this 5th day of April, 2006.
David H. Ready,-6 i eager
/ATTEST:
dimes Thompson, City Clerk
4�
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. 21546 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 April 5, 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
' a' es Thompson, City Clerk
,✓(pity of Palm Springs, California
Resolution No. 21646
Page 6
EXHIBIT A
Case No. 5.1090 — PD-323, TTM 33878 '
Smoke Tree Inc.
1850 Smoke Tree Lane, within Smoke Tree Ranch
CITY COUNCIL CONDITIONS OF APPROVAL
April 5, 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
Planninq Department:
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 5.1046 Tentative Tract Map 33341. 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
Resolution No. 21546
Page 7
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. The project is located in an area defined as having an impact on fish and wildlife as
defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,314.00
plus an administrative fee of$50.00 shall be submitted by the applicant in the form of
a money order or a cashier's check payable to the Riverside County Clerk prior to
Council action on the project. This fee shall be submitted by the City to the County
Clerk with the Notice of Determination. Action on this application shall not be final
until such fee is paid.
5. 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
1 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.
6. 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
7. 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. 21546
Page 8
MM III-1 Earth-moving activities on the project site shall be suspended during
first and second stage ozone episodes or when winds exceed 25 MPH, pursuant to '
the Coachella Valley PMio State Implementation Plan and SCAQMD Rule 403.1.
MM III-2 Adequate watering techniques shall be employed on the project site to
mitigate the impact of construction-generated dust particulates. Portions of the
project site that are undergoing earth moving operations shall be watered such that
a crust will be formed on the ground surface and then watered again at the end of
the day, as part of the construction specifications.
MM III-3 Any construction access roads to the project site shall be paved as
soon as possible and cleaned after each work day. The maximum vehicle speed
limit on unpaved road surfaces shall be 15 mph.
MM 111-4 All trucks shall maintain at least two feet of freeboard.
MM 111.5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, shall
be covered and washed off before leaving the site.
MM III-6 Adjacent streets shall be swept if silt is carried over to adjacent public
thoroughfares.
MM III-7 As part of the construction specifications, any vegetative ground cover '
to be utilized on-site shall be planted as soon as possible to reduce the disturbed
area subject to wind erosion. Irrigation systems needed to water these plants shall
be installed as soon as possible to maintain the ground cover and minimize wind
erosion of the soil.
MM III-8 Construction operations affecting off-site roadways shall be scheduled
for off-peak traffic hours and shall minimize obstruction of through-traffic lanes.
MM V-1 As there is always a possibility of buried cultural and paleontological
resources in a project area, a Native American Monitor(s) shall be present during all
ground disturbing activities including clearing and grubbing, excavation, burial of
utilities, planting of rooted plants, etc. The Agua Caliente Band of Cahuilla Indian
Cultural Office shall be contacted for additional information on the use and
availability of Cultural Resource Monitors. Should buried cultural deposits be
encountered, the Monitor shall contact the Director of Planning Services. Following
consultation, the Director shall have the authority to halt destructive construction
and shall notify a Qualified Archaeologist to investigate the find. If necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to the State
Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for
approval. Human remains discovered shall be handled consistent with state law
provisions.
MM-VII-1 Prior to demolition of any structures, a Phase 1 ESA shall be prepared '
to determine the presence of any hazardous building materials such as asbestos
Resolution No. 21546
Page 9
floor tiles, pipe insulation, etc. The recommendations of that report shall be
followed including the proper handling and disposal of the material as well as any
site remediation.
MM IX-1 The Omitted Not-A-Part portion of the property is recognized to be,
and will continue to be held as common area for this project and Smoke Tree
Ranch, and shall not be developed with dwelling units unless it can be
demonstrated that the residential units associated with this project, along with any
proposed dwelling units conform to density provisions of the Palm Springs General
Plan.
MM XI-1 The project applicant shall demonstrate that all on-site residential units
shall be designed to meet the City of Palm Springs noise standards (65 CNEL in
outside activity areas and 45 CNEL in interior living areas). The project applicant
shall demonstrate compliance through the submittal of building and site
improvement plans that provide details regarding sound barrier heights, additional
insulation and building materials used to maintain interior noise levels, building and
window orientation, and other measures to reduce noise exposure levels to City
noise standards. A qualified noise consultant shall be retained to ensure that
project and building designs will meet City noise exposure standards. Evidence of
compliance with this mitigation measure shall be provided to the City prior to the
issuance of any building permits.
MM XI-2 All construction equipment, fixed or mobile, shall be equipped with
properly operating and maintained mufflers and the engines shall be equipped with
shrouds.
MM XI-3 All construction equipment shall be in proper working order and
maintained in a proper state of tune to reduce backfires.
MM XI-4 Stockpiling and vehicle staging areas shall be located in the northern
portion of the site.
MM XI-5 Stationary construction equipment shall be placed such that emitted
noise is directed away from noise-sensitive receptors.
MM XI-6 Construction activities on-site shall take place only during the hours
between 7:00 a.m. and 8:00 p.m., as specified by the Palm Springs Noise
Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods.
The Construction Site Regulations (Chapter 8.04.220) also identify specific limits on
hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if
the noise produced is of such intensity or quality that it disturbs the peace and quiet
of any other person of normal sensitivity.
8. 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
Resolution No. 21546
Page 10
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
9. 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, and shall require maintenance of
all property in a good condition and in accordance with all ordinances.
10. 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.
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. The final development plans shall be submitted in accordance with Section 94.03.00
of the Zoning Ordinance. Final development plans shall include site plans, building
elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans,
exterior lighting plans, sign program, mitigation monitoring program, site cross
sections, property development standards and other such documents as required
by the Planning Commission. Final development plans shall be submitted within
two (2) years of the approval of the tentative tract map.
13. 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. '
Resolution No. 21546
Page 11
Public Safety CFD
14. 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.
General Conditions/Code Requirements
1:5. 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.
16. 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.
17. 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.
13. Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
19. All materials on the flat portions of the roof shall be earth tone in color.
20. All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 93.03.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend
with the architectural design of the building(s). The exterior elevations and roof
plans of the buildings shall indicate any fixtures or equipment to be located on the
roof of the building, the equipment heights, and type of screening. Parapets shall
be at least 6" above the equipment for the purpose of screening.
Resolution No. 21546
Page 12
21. 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.
22. 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.
23. The street address numbering/lettering shall not exceed eight inches in height.
24. 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.
25, 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.
26. Prior to submittal of any building permit or other type of permit, any proposed
project shall provide evidence of Smoke Tree, Inc. approval.
Engineering Department:
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a registered California civil engineer
to the Engineering Division. The plans shall be approved by the City Engineer prior
to issuance of any building permits.
ON-SITE PRIVATE STREETS
3. Dedicate easements for public utility purposes, including sewers, with the right of
ingress and egress for service and emergency vehicles and personnel over the
proposed private streets.
4. All centerline radii shall be a minimum of 130 feet.
5. All on-site private streets shall be two-way with a minimum 20 feet wide travelway
(as measured between the edges of pavement on each side of centerline). '
Resolution No. 21546
Page 13
6. All on-site private streets shall be constructed with a minimum pavement section of
2'Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or equal.
Remove and dispose of any existing asphalt concrete pavement that is not in the
correct roadbed location or is deficient in quality as necessary. 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. Remove and dispose of any
existing asphalt concrete pavement that is not in the correct roadbed location or is
deficient in quality as necessary.
7. Parking shall be restricted along both sides of the on-site private streets. The Home
Owners Association (HOA) shall be responsible for regulating and maintaining
required no parking restrictions, which shall be included in Covenants, Conditions,
and Restrictions (CC&R's) required for the development.
SANITARY SEWER
8. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
9. 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.
10. Construct 8 inch V.C.P. sewer mains across the proposed on-site private street
frontages connect to the existing on-site public sewer system, 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.
GRADING
11. Submit a Rough Grading Plan prepared by a California registered civil engineer to
the Engineering Division for review and approval. 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
Resolution No. 21546
Page 14
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.
The Grading Plan shall be approved by the City Engineer prior to issuance of
grading permit.
a. The first submittal of the Grading Plan shall include the following information: Copy
of signed Conditions of Approval stamped by the Planning Department; Copy of
Tentative Tract Map stamped approved and signed by the Planning Department;
Copy of current Title Report; Copy of Soils Report; and a copy of the associated
Hydrology Study/Report.
12. Natural drainage swales should be maintained adjacent to all edges of roadway
pavement to keep nuisance water from entering the streets.
13. 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.
14. 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.
15. 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.
16. 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
17. 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
Resolution No. 21546
Page 15
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.
18. The applicant shall accept and convey all stormwater runoff across the property in a
manner consistent with the existing natural landscape of the Smoke Tree property.
19. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $7,271.00 per acre per Resolution No.
15189. Fees shall be paid prior to issuance of a building permit, unless prior
payment of fees may be demonstrated or credit for deletion of Master Storm Drain
lines is approved by the City Engineer.
GENERAL
20. 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.
21. All proposed utility lines shall be installed underground.
22. 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.
23. 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
d
Resolution No. 21546
Page 16
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.
24. 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.
25. 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.
MAP
26, 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.
27. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the
Riverside County Transportation and Land Management Agency." G.I.S. digital
information shall consist of the following data: California Coordinate System, CCS83
Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-
way, and centerlines shown as continuous lines; full map annotation consistent with
annotation shown on the map; map number; and map file name. G.I.S. data format
shall be provided on a CDROM/DVD containing the following: ArcGIS
Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG
(AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII
drawing exchange file). Variations of the type and format of G.I.S. digital data to be
submitted to the City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
28. Street name signage, and regulatory control signs at on-site private street
intersections shall be installed as necessary and as approved by the City Engineer.
29. 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
Resolution No. 21546
Page 17
Construction and Maintenance Work Zones" dated 1996, or subsequent additions in
force at the time of construction.
30. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
Waste Disposal:
1. Trash cans shall be screened from view and kept within fifty (50) feet of the street.
Police Department:
1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal
Code.
Building Department:
1. Prior to any construction on-site, all appropriate permits must be secured.
Fire Department:
1. 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.
2. Fire hydrant systems: Following Fire Department selection of hydrant locations,
plans and specifications for fire hydrant systems shall be submitted to the fire
department for review and approval prior to construction. (901.2.2.2 CFC). All fire
hydrants shall be installed in accordance with DWA specifications and standards.
No landscape planting, walls, fences, signposts, or aboveground utility facilities are
permitted within 3 feet of fire hydrants, or in line with hose connections.
3. Fire Department Access: Fire Department Access Roads shall be provided and
maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC)
4. Minimum Access Road Dimensions:
a. Private streets shall have a minimum width of at least 20 feet, pursuant to
California Fire Code 902.1 No parking shall be allowed in either side of the
roadway.
b. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1
CFC)
Resolution No. 21546
Page 18
C. Road Design: Fire apparatus access roads shall be designed and constructed
as all weather capable and able to support a fire truck weighing 73,000 '
pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet,
with an outside radius of 45 feet.
END OF CONDITIONS
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