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HomeMy WebLinkAbout21567 - RESOLUTIONS - 5/3/2006 RESOLUTION NO. 21567 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 31525 AND DIRECTING STAFF TO FILE THE ASSOCIATED NOTICE OF DETERMINATION, AND APPROVING TENTATIVE TRACT MAP 31525, FOUR SEASONS, FOR A GATED 70-UNIT SINGLE-FAMILY RESIDENTIAL DEVELOPMENT WITH TWO LETTERED LOTS, AND DEDICATED PARKLAND, ON AN APPROXIMATELY 23.9- ACRE PARCEL LOCATED ON THE EAST SIDE OF SUNRISE WAY NORTH, BETWEEN SAN RAFAEL DRIVE AND WHITEWATER WASH, SUBJECT TO THE ATTACHED CONDITIONS OF APPROVAL INCLUDED AS EXHIBIT A, ZONE PD-267, SECTION 36. WHEREAS, K. Hovnanian (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 31525; 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, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Tentative Tract Map 31525 was given in accordance with applicable law; and WHEREAS, on December 14, 2005, a public hearing on the application for project was held by the Planning Commission in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission 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 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. WHEREAS, the Planning Commission determined that the appropriate findings could be made, and recommended that the City Council approve the project, approve the Environmental Assessment, and adopt the draft mitigated negative declaration; and WHEREAS, Tentative Tract Map 31525 is subject: to the approval of the City Council; and Resolution No. 21567 Page 2 WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 31525 was given in accordance with applicable law; and WHEREAS, on January 18, 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 and therefore adopts a Mitigated Negative Declaration for the project. The City Council has independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City 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, consisting of 70 single family residential dwelling units on approximately 23.9 acres of land, is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the L-4 Low Density Residential, General Plan designation which governs the subject property as well as all property adjacent to the subject site. The dedication of park land will also serve to implement Residential Land Use Objective 3.3c (development of park facilities related to residential areas). The location of the park adjacent to Sunrise Way, and the reliance on one-story homes will preserve a viewshed north across White Water Wash, and implement Land Use Policy 3.3.3 (preservation of scenic viewsheds), and the transfer of density from the park area to the rest of the project is consistent with Land Use Policy 3.3.4 (density transfer in conjunction with open space), reasonably preserving the opportunity to develop the property taken as a whole to the extent allowed pursuant to the adopted plans and policies of the City. Resolution No. 21567 Page 3 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 existing development in the immediate vicinity of the proposed project. Specifically, the project density is similar to the existing single story residences and mobile home park located to the south and the existing two-story multi-family residential development located to the southwest of the property. C. The site is physically suited for this type of development. The project site is level and each lot contains adequate developable building area. There are no bodies of water, ravines, or significant topographic features on the subject property. d. The site is physically suited for the proposed density of development. City zoning criteria for the Planned Development District 267 zone encourage and allow for a more creative approach in the development of land, which allows for more usable open space areas. The land is required to develop as an integrated unit, conforming to density and all other property development standards, except that lot area, lot dimensions, and yards may be modified to allow "cluster" and "row" housing ' provided the overall development equals the general quality of development in this zone. The proposed project will allow for a housing opportunity which provides common open space amenities, private street and smaller lot sizes. This project is the third phase of a resort community type of housing product and will provide needed housing product within the community. The General Plan Designation of L-4 establishes a threshold density of 3 dwelling units per acre and a maximum of 4 dwelling units per acre. The proposed density of approximately 3 dwelling units per acre is within the allowable range of density. Thus, the site is physically suited for the proposed number of lots, and the density of the subdivision is consistent with the General Plan. The proposed project incorporates a more creative approach in the development of land, utilizing reductions in lot area, lot dimensions, and yards, and inclusion of more usable open space areas, consistent with the provisions of the zoning ordinance, thereby preserving the opportunity to develop the subdivision in a manner consistent with the City's General Plan. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Initial Study prepared for the project determined that the project is adjacent to existing developments to the west and south. Through the implementation of the proposed mitigation measures, any environmental impacts regarding animal or plant Resolution No. 21567 Page 4 life will be reduced to a level of less than significant. There are no bodies of water on ' the subject property and therefore no fish will be disturbed. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects home sites while providing two water quality basins, and a street system 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. The design of the subdivision will not conflict with easements for access through or use of the property. Although the property includes some easements, the proposed design of the subdivision accommodates these easements. Section 3. The proposed project is in substantial conformance with the Planned Development District (Case No 5.0866 - PD-267). Section 4. The City Council adopts the Mitigated Negative Declaration for Tentative Tract Map 31525, and directs staff to file the associated Notice of Determination. Section 5. The City Council approves Case Number 5.0866-13 Tentative Tract Map 31525. ADOPTED this 3rd day of May, 2006. David H. Ready, City Marl r ATTEST: gmes Thompson, City derk Resolution No. 21567 Page 5 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. 21567 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 May 3, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat and Mayor Oden NOES: None ABSENT: None ABSTAIN: None Jafnes Thompson, City Clerk lity of Palm Springs, California r Resolution No. 21567 Page 6 EXHIBIT A Case No. 5.0866-B Tentative Tract Map 31525 K. Hovnanian Four Seasons East Side of Sunrise Way North, between San Rafael Drive and White Water Wash CONDITIONS OF APPROVAL May 3, 2006 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0866-B Tentative Tract Map 31525. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter or pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences Resolution No. 21567 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. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted if required. 6. 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. 7. 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. In the event the applicant dedicates to the City and the City accepts the area designated on the map as Lot A, the applicant's obligation to pay a fee for parkland improvements as otherwise provided in this Condition No. 7. Resolution No. 21567 Page 8 Environmental Assessment 8. The mitigation measures of the environmental assessment shall apply. The ' applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: • MM IV-1 Suitable candidate site(s) totaling a minimum of five acres in size will be identified by a qualified biologist, in coordination with the project applicant, the City of Palm Springs, and the Coachella Valley Mountains Conservancy. The site will be purchased by the applicant and donated to the Conservancy for preservation in perpetuity. Preservation will be ensured by the dedication of a conservation easement or other appropriate mechanism. (Biological Resources) • MM V-1 Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. (Cultural Resources) • MM V-3 In the event that cultural resources are located during grading, ' construction activities must be halted in the vicinity of the find and BIA Regional Archaeologies and 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 Resources) • MM V-4 Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to approval of final maps. • MM V-5 In the unlikely event that human remains are encountered during the project, State Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made the Resolution No. 21567 Page 9 necessary finding as to origin and disposition of the remains pursuant to Public Resources Code Section 5097.98. Specified actions must be taken immediately upon the discovery of human remains: (1) Stop immediately and contact the County Coroner; (2) The Coroner has two working days to examine human remains after being notified by the responsible person. If the remains are Native American, the Coroner has 24 hours to notify the Native American Commission; (3) The Native American Heritage Commission will immediately notify the person it believes to be the most likely descendent of the deceased Native American; (4) The most likely descendent has 24 hours to make recommendations to the owner, or representative, for the treatment or disposition, with proper dignity of the human remains and grave goods; (5) If the descendent does not make recommendations within 24 hours, the owner shall re-inter the remains in an area of the property secure from further disturbance, or if the owner does not accept the descendant's recommendations, the owner of the descendent may request mediation by the Native American Heritage Commission. (Cultural Resources) ' • MM XI-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 XI-2 Stockpiling and/or vehicle staging areas shall be located on-site and as far as practical frorn sensitive noise receptors, i.e., residential areas. This requirement shall be included in the contractor specifications and shall be verified by the Planning Director. (Noise) • MM XV-1 For long-range future conditions (year 2020), a traffic signal is estimated to be warranted at the intersection of Sunrise Way and Four Seasons Boulevard. Since the traffic signal is warranted after the completion of the project buildout year (2007), the project applicant will deposit the total cost of the traffic signal with the City of Palm Springs for use when the traffic signal is warranted. (Transportation/Traffic) 9. 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 Resolution No. 21567 Page 10 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 10. The applicant shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&Rs") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded with the County Recorder's Office at the same time as recordation of the final map. A copy of the final documents shall be submitted to the Director of Planning Services after recordation. 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. 11. The costs for City Attorney review of the CC&Rs shall be borne by the applicant. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500.00, towards the cost of the review of the CC&Rs. 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 12. 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. 13. 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. 14. 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. 21567 Page 11 Public Safety CFD 15. 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 16. 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. 1 i'. 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. 18. 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. 19. 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. 20. All materials on the flat portions of the roof shall be earth tone in color. 21. 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. 21567 Page 12 22. 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. 23. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 24. 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. 25. The street address numbering/lettering shall not exceed eight inches in height. 26. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 24 California Building Standards Code of the California Code of Regulations. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 27. 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. 28. No more than 70 single family dwelling units shall be developed within the subdivision. 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. NORTH SUNRISE WAY 3. Dedicate additional right-of-way as necessary to construct the Sunrise Parkway, along project/tract frontage associated with Tentative Tract Map 31848, the `Palm Springs Village", as required by the City Engineer. 4. Construct a 12 feet wide meandering combination sidewalk and bicycle path along the entire project/tract frontage. The construction shall be made with colored Resolution No. 21567 Page 13 ' Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. Easements shall be granted for the portions of the bicycle path that leave the public right-of-way. 5. The applicant shall deposit its fair share of the cost to construct its portion of the Sunrise Parkway across the project/tract frontage of the development by others. The applicant shall submit an Engineer's Estimate of the cost of its fair share of the construction of the Sunrise Parkway for review and approval by the City Engineer, which shall be deposited with the City prior to approval of a final map. ON-SITE PRIVATE STREETS 6. Dedicate easements extending over the private streets for sewer and public utility purposes with the right of ingress and egress for service and emergency vehicles and personnel. 7. Construct all cul-de-sacs with a minimum curb radius of 43 feet throughout the cul- de-sac bulb. 8. Construct all street "knuckles" in accordance with City of Palm Springs Standard Drawing No. 104. ' 9. Construct 6 inch curb and gutter, 18 feet on each side of centerline along all on-site street frontages, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 10. Construct a 6 feet wide cross gutter and spandrels at all intersections (where required) with a flow line parallel with and 18 feet from the centerline of the intersecting street in accordance with City of Palm Springs Standard Drawing No. 200 and 206, 11. Construct driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 12. Construct a 5 feet wide sidewalk behind the curb along both sides of the entire on- site street frontages in accordance with City of Palm Springs Standard Drawing No. 210. 13. Construct Type A curb ramps meeting current California State Accessibility standards at all on-site street intersections in accordance with City of Palm Springs Standard Drawing No. 212, as required by the City Engineer. 144, Construct Type B curb ramps meeting current California State Accessibility standards across from all cul-de-sac intersections in accordance with City of Palm Springs Standard Drawing No. 213. Alternatively, driveway approaches may be located opposite cul-de-sac intersections. Resolution No. 21567 Page 14 15. Construct a minimum pavement section of 2'/z inches asphalt concrete pavement ' over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within all paved areas in accordance with City of Palm Springs Standard Drawing No. 110 and 300. 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 16. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 17. Construct 8 inch V.C.P. sewer mains within all on-site streets and connect to the existing 8" sewer main located within the Sunny Springs Way and Fan Palm Way. 18. All sewer mains constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of said lines. 19. 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. GRADING 20. 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 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 Department with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control , issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Resolution No. 21567 Page 15 1 Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. 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 a current Title Report; a copy of the Soils Report; and a copy of the associated Hydrology Study/Report. 21. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the adjacent streets, roadways, or gutters. 22. 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 approval of a Grading Plan. 23. 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. 24. 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. 25. 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, The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 2E3. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by ' the development of the property, as described in the Preliminary Hydrology Report for Tentative Tract No. 31525, prepared by MSA Consulting, Inc., dated September 12, 2005. Final retention basin sizing, storm drain pipe sizing, and catch basin sizing and other specifications for construction of required on-site storm drainage Resolution No. 21567 Page 16 improvements shall be finalized in the Hydrology Report for Tentative Tract Map 31525. ' 27. The applicant shall install a drywell, or series of drywells, or alternate solution, within the retention basins proposed at the southeast corner of the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywell(s) shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the drywell(s) by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywell(s) if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywell(s) in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 28. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 29. The applicant shall be responsible for construction of all required drainage ' improvements, including but not limited to catch basins and storm drain lines, for drainage of on-site streets into the on-site retention basins, as described in the final Hydrology Report for Tentative Tract Map 31525. 30. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 31. 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 applicant 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 Resolution No. 21567 Page 17 ' to a condition equal to or better than existed prior to construction of the proposed development. 32. All proposed utility lines shall be installed underground. 33. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the property shall be installed underground. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded, shall be submitted to the Engineering Division prior to issuance of any building permit. Undergrounding of applicable overhead utility lines shall occur in two phases: Phase 1 shall consist of undergrounding overhead utilites within the residential portion of the site; and Phase 2 shall consist of undergrounding overhead utilities within the dedicated park site. All undergrounding of overhead utilites shall be completed prior to Issuance of any Certificate of Occupancy in the final construction phase, or final eight residences, whichever is more. 34. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 35. 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. 36. 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. 37. 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. 38. 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. Resolution No. 21567 Page 18 MAP 39. 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. 40. The applicant shall grant all rights, title and interest in Lot "G" to the City of Palm Springs on the final map, free of any covenants, conditions or. 41. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. 42. 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 43. Based on the traffic study submitted by Urban Crossroads (dated February 8, 2005), the following mitigation measures will be required: a. Install a 24 inch stop sign, stop bar, and "STOP" legend at the on-site private intersections along Savanna Trail at Sunny Springs Way and Fan Palm Way in accordance with City of Palm Springs Standard Drawing Nos. 620-625. b. Payment of applicant's fair share of 100% of the cost to install a traffic signal at the Sunrise Way and Four Seasons Boulevard intersection. The applicant shall deposit $150,000 to the City for installation of the traffic signal in the future, ' when warranted, as determined by the City Engineer. The deposit shall be made prior to approval of a final map Resolution No. 21567 Page 19 1 c. Payment of applicant's fair share of 12.8% of the total cost to install a traffic signal at the Indian Canyon Drive and Sunrise Parkway intersection. The applicant shall deposit $19,200 to the City for installation of the traffic signal by others. The deposit shall be made prior to approval of a final map. • 44. A minimum of 48 inches of clearance shall be provided on proposed sidewalks for handicap accessibility. 45. All damaged, destroyed, or modified traffic control devices, pavement legends, or striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 46. Install a street name sign at each intersection of the on-site private streets in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 47. 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. ' 48. 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 1. 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 ll, City of Palm Springs Ordinance 1570, Desert Water Agency specifications, NFPA Standards plus UL and CSFM listings. Resolution No. 21567 Page 20 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 20' unobstructed per the 1998 California Fire Code, Article 9. Vertical clearance shall not be less than 14'6". 4. Emergency access Gate Width: Minimum gate width shall be 14' unobstructed. 5. Second Fire Apparatus Access Gate: Provide Fire Department access gate at East end of project. 6. 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. 7. 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. ' 8. 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. 9. Complex Gate Locking Devices: Complex gate(s)) shall be equipped with a KNOX locking device per the 1998 California Fire Code. Contact this office for a KNOX application form as soon as possible. 10. 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. 11. Water Agency Construction Specifications: All water mains, fire hydrants and devices shall be installed in accordance with Desert Water Agency specifications and standards. 12. Mandatory Fire Sprinklers: Automatic Fire Sprinkler System with 24 hours ' monitoring is required per City of Palm Springs Fire Protection Master Plan Vol. 11 and City of Palm Springs Ordinance 1570. Resolution No. 21567 Page 21 ' 13. 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. 14. Further Comments: Further comments as conditions warrant. END OF CONDITIONS