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HomeMy WebLinkAbout21711 - RESOLUTIONS - 9/20/2006 RESOLUTION NO. 21711 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION, FOR TENTATIVE TRACT MAP 33162 FOR THE DEVELOPMENT OF A 132-UNIT CONDOMINIUM COMPLEX, ON APPROXIMATELY 13.96- ACRES, LOCATED AT 2855 NORTH PALM CANYON DRIVE, .ZONE R-3, SECTION 3. WHEREAS, Palm Springs Modern Homes VI, LLC (the "Applicant') has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract Map 32826; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Conditional Use Permit 5.1103, Tentative Tract Map 33162, and project architectural approval was given in accordance with applicable law; and WHEREAS, on August 23, 2006, a public hearing on the application for Conditional Use Permit 5.1103, Tentative Tract Map 33162 and architectural approval 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. WHEREAS, the Planning Commission has previously approved the architectural design and conditional use permit for the project and recommended approval of the Tentative Tract Map 33162 along with the environmental assessment to the City Council; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 33162 was given in accordance with applicable law; and WHEREAS, on September 20, 2006, a public hearing on the application for the Tentative Tract Map was held by the City Council in accordance with applicable law; and Resolution No. 21711 Page 2 WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council ' has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, pursuant to Section 15074.1 of the California Environmental Quality Act Guidelines, the City Council has considered substitution of a mitigation measure in the Mitigated Negative Declaration; 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. NOW THEREFORE, 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 found 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 the City Council adopted a Mitigated Negative Declaration for the project. The City Council 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 15074.1 of the California Environmental Quality Act Guidelines, the City Council makes the finding that substitution of mitigation measure MM XI-1 will be mitigated with equal effectiveness by mitigation measure MM XI-1 a. 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 Tentative Tract Map is consistent with the goals and objectives of the H43/21 High Density Residential General Plan designation which governs the subject property. General Plan Objective 3.8 is to provide for the development up to 15 dwelling units per acre or 21 dwelling units per acre when special conditions are met. The overall density of the proposed development is 9.5 dwelling units per acre. The density of Lot 1 is 10.62 du/a and 8.20 du/a for Lot 2. ' Per Objective 3.8, appropriate residential development includes multiple-family apartments and similar permanent housing. Resolution No, 21711 Rage 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 design and improvements are consistent with the underlying R-3 zone in which the property is located. The proposed project is consistent with the development and performance standards found in the Palm Springs Zoning Code. Each lot size meets the minimum size of 20,000 square feet. c. The site is physically suited for this type of development. The project site is characterized by native fine and coarse-grained alluvial sands, scattered gravel, cobbles and boulders ranging from approximately one to over four feet in diameter. Due to the necessity of removing boulders from the site (both above and below ground), the project will be required to use imported fill material. Imported fill materials will be appropriate for the area and the nature of the project. The site is relatively flat at the intersection of two major thoroughfares. The site does not lie in a 100-year flood hazard zone, a high fire danger zone and is not located near steep slopes. d. The site is physically suited for the proposed density of development. The proposed 13.96 acre project site can accommodate 132 condominium units without significant grading. The General Plan allows for a maximum of 21 du/a in H43/21 designation. The project has a density of 9.5 du/a which is less than the maximum envisioned in the General Plan. The applicant will be required to improve Tram Way as indicated by the City Engineer and the General Plan. The applicant will be required to pay its "fair share" of the costs associated with the improvement of the intersection of San Rafael Drive and Indian Canyon Drive. North Palm Canyon Drive is an improved major thoroughfare. 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 with implementation of proposed mitigation measures, any environmental impacts regarding project construction effects on air quality, animal life, real and potential archaeological resources, geologic conditions, hydrology and water quality, and construction noise will be reduced to levels that are less than significant. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Resolution No. 21711 Page 4 The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects the development area while retaining all storm water on site, and an access system that provides an orderly system of internal driveways and motor courts. 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. The design of the subdivision accommodates the existing and proposed drainage. Section 4. The City Council hereby adopts the Mitigated Negative Declaration; thereby approving Tentative Tract Map 33162 for the development of a proposed 132-unit condominium project, and directs staff to file the associated Notice of Determination. ADOPTED, this 20th day of September 2006. David H. Ready;C' .�Aanager , ATTEST: ?esThompson, City Clerk Resolution No. 21711 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. 21711 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 September 20, 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. mes Thompson, City Clerk City of Palm Springs, California Resolution No. 21711 Page 6 EXHIBIT A CUP 5.1103, MAJ 3.2941, TTM 33162 Palm Springs Modern Homes VI, LLC Southwest Corner of North Palm Canyon Drive and Tram Way 2855 North Palm Canyon Drive CONDITIONS OF APPROVAL September 20, 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 Tentative Tract Map 33162, Major Architectural 3.2941 or Conditional Use Permit 5.1103. 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. Resolution No. 21711 Page 7 3. That the property owners) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment 6. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: • MM III-1 The City's Fugitive Dust Control Ordinance (Chapter 8.5 of the Municipal Code) requires a Dust Control plan which shall be submitted to the City Engineer for approval and which shall include but not be limited to the following: Resolution No. 21711 Page 8 o Adequate watering techniques shall be employed to partially 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. o The wheels and the lower portions of transport trucks shall be sprayed with water before they leave the construction area. o Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the amount of open space 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 blowsand. o Grading activity shall be suspended when local winds exceed 25 miles per hour and during the first and second smog alerts. o Construction access roads shall be paved as soon as ' possible and cleaned after each workday. o All trucks hauling dirt, sand, soil, or other loose dirt material shall be covered or have 2 feet of freeboard. o A short-term stabilization plan shall be included in the plan for after hours and weekends. The applicant shall forward the plan to SCAQMD after approval. • MM III-2 The project proponent shall notify the City and SCAQMD 24 hours prior to the initiation of earth moving activities. • MM III-3 The City shall notify the SCAQMD within 10 days of the completion of earth moving activities. • MM III-4 Construction signage in conformance with City standards shall be posted on Tram Way, San Marcos Way and Palm Canyon Drive regarding the reporting of blowing dust on the site. • MM III-5 Earth moving operations shall include a water application system while earth moving is active. Resolution No, 21711 Page 9 • MM III-6 Construction equipment shall be properly maintained and serviced to minimize exhaust emissions. MM-III-7 Construction access roads shall be paved as soon as possible and cleared after each workday. MM-III-8 Paving activities and use of equipment for construction of buildings shall not be used concurrently. • MM V-1 An Approved Cultural Resource Monitor(s) as indicated by the Agua Caliente Tribal Historic Preservation Office shall be present during any survey and/or ground disturbing activities. MM V-2 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), BIA, the Tribe and the City, and resolved to their satisfaction. MM V-3 The petroglyph-bearing rock found in the project area, as described in the study by CRM Tech (September 2004), shall be collected, analyzed and if necessary, properly curated. The Agua Caliente Band of Cahuilla Indians shall be notified of the find. • MM V-4 Copies of any cultural resources documentation generated in connection with this project shall be given to the Agua Caliente Band of Cahuilla Indians for inclusion into the Agua Caliente Cultural Register. • MM VIA Prior to the initiation of site grading, a meeting will be held between the project sponsor and the Soil Engineer shall be held at the site to assure a complete understanding of the recommendations included in the Geotechnical Investigation. • MM VI-2 Imported fill materials shall have an Expansion Index not exceeding 20. The Soil Engineer shall be contacted 48 hours in advance of importing soil to allow for evaluation of imported materials. Approval by the Soil Engineer will be based upon material delivered to the site and not the 1 preliminary evaluation of import sources. Resolution No. 21711 Page 10 • MM VI-3 Tests and observations shall be performed by the Soil Engineer during the grading process. Field density testing ' shall be performed to assure that compaction is a minimum 90 percent of the maximum dry testing as obtained through ASTM test methods. Additional compaction shall be required should testing results indicate insufficient density. • MM VIII-1 The project applicant shall create an On-site retention or other facilities approved by the City Engineer that 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. 33162, prepared by MSA Consulting, Inc. on May 11, 2006. MM VIII-2 The project applicant shall obtain coverage under the State of California General Permit for Discharges of Storm Water Associated with Construction Activity. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre- treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pretreat 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. MM XI-1a A six foot high barrier shall be installed around the private open space of first floor units in Buildings B1, B2, B3, E1 and F1 that face North Palm Canyon Boulevard. • MM XI-2 A four foot high wall shall be installed on all second floor balconies for each unit in Buildings B1 through B3, E1 and F1 and for the eastern-most unit of Building A1. 1 Resolution No. 21711 Page 11 • MM XI-3 A six foot high barrier shall be installed for Pool A along the side adjacent to North Palm Canyon Drive. MM XI-4 All barriers shall be solid from top-to-bottom, except for drain holes. The following materials may be used for the construction of this barrier: o Masonry Block o Stucco on Wood Frame o %" Plywood o '/4" Glass or'/2" LEXAN o Earth Berm The preceding materials may be used in any combination. Other materials may be used that are rated 3.5 pounds per square foot surface weight or greater. Barrier construction and materials used shall be in conformance with all applicable local laws and development standards and are subject to the approval of the City Planning Commission. MM XI-5 Air Conditioning units shall be installed in all units in Buildings 131 through B3, El and F1 and the eastern-most unit of Building Al. MM XI-6 All windows in Buildings B1 through B3, El and F1 and the eastern-most unit of Building Al shall be installed with dual- pane windows with a Sound Transmission Class (STC) rating of 35 or higher. • MM XI-7 Construction activities shall be limited to 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. MM XI-8 The perimeter wall on the western and northern property lines shall be installed immediately following precise grading of the site, if not sooner. • MM XI-9 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. 1 MM XI-10 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. Resolution No. 21711 Page 12 • MM XI-11 Stockpiling and vehicle staging areas shall be located in the ' northeastern portion of the property, as far away from existing residential units as possible. • MM XI-12 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located in the northeastern portion of the property, as far away from existing residential units as possible. • MM XI-13 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. • MM XV-1 The south side of Tram Way shall be constructed to its General Plan width, as approved by the City Engineer. • MM XV-2 The project proponent shall pay a "fair-share" contribution of 10.9% of the cost of geometric modifications and street improvements as necessary to widen the western portion of the San Rafael Drive and Indian Canyon Drive intersection. Improvements shall be in a manner that improves intersection capacity as acceptable by the City Engineer. • MM XV-3 Left hand turn lanes shall be installed on Tram Way at both ' project access locations, subject to the approval of the City Engineer. 7. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. 8. Air quality standards shall be maintained through the use of construction mitigation measures, including the City's Fugitive Dust Control Ordinance. An archaeological artifact was found during a survey of the site. This artifact will be properly collected, analyzed and curated if necessary. 9. The Aqua Caliente Band of Cahuilla Indians will have a monitor present during ground disturbing activities to check for the presence of archaeological artifacts or human remains. 1 Resolution No. 21711 Page 13 10. The Soils Engineer shall inspect the imported fill materials to ensure that they are suitable for the development. Retention basins have been proposed to contain all storm water on site, minimizing impact to the City's storm water conveyance system. The applicant is required to obtain coverage under the State's General Permit for Discharges Associated with Construction Activities. 11. The developer shall implement noise attenuation measures to prevent residents from being exposed to noise levels that exceed the requirements of the General Plan and the City's Noise Ordinance. A six (6) foot high wall and berms shall be installed along the project perimeter that abuts North Palm Canyon Drive, All second story units in Buildings B1 through B3, E1 and F1 and the eastern-most unit of Building Al are required to have a minimum four (4) foot wall on their balconies. To ensure safe access to the complex and to avoid traffic hazards on Tram Way, left hand turn lanes will be required at each of the project's entrances. 12. The south portion of Tram Way shall be constructed to its General Plan width to ensure adequate circulation (60 foot Right-of-Way and 8 foot sidewalks). The applicant shall pay its "fair-share" of the cost of improvements to the west leg of the intersection of San Rafael Drive and Indian Canyon Drive to ensure adequate intersection capacity for this project and future development. CC&Rs 13. 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. 14. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000, 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. Cultural Resources 15. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. 1 Resolution No. 21711 Page 14 a) Experience has shown that there is always a possibility of buried cultural ' resources in a project area. Given that, 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. Contact the Ague Caliente Band of Cahuilla Indian Cultural Office 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 and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Ague Caliente Cultural Resource Coordinator for approval. b) 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 Services Department prior to final inspection. Final Design 16. 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. 17. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review by the Architectural Advisory Committee Services prior to the issuance of building permits. The Director of Planning Services will approve exterior lighting plans after consideration of any recommendations by the Architectural Advisory Committee. 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. 18. A final materials board shall be submitted for review by the Architectural Advisory Committee prior to the issuance of building permits. The Director of Planning Services shall approve the final materials board after consideration of any recommendations by the Architectural Advisory Committee. Resolution No. 21711 Page 15 Public Safety CFD 19. 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 20. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 21. The Conditional Use Permit approval shall be valid for a period of two (2) years. Once constructed, the conditional use permit, provide all conditions of approval have been complied with, does not have a time limit. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 22. The appeal period for Conditional Use Permit application and a Major Architectural application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 23. Existing palm trees along North Palm Canyon Drive shall remain in place. Removal of or damage to existing palm trees along North Palm Canyon Drive shall be replaced in accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, subject to the review and approval of the City Engineer. 24. 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 25. 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. Resolution No. 21711 Page 16 26. 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. 27. 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. 28. 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. 29. 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. 30. Perimeter walls shall be designed, installed and maintained in compliance with the comer cutback requirements as required in Section 93.02.00.D. 31. The design, height, texture and color of building(s), fences and walls shall be submitted to the Planning Services Department for review and approval prior to issuance of building permits. 32. Submit plans to the Planning Services Department for approval of a trash and recyclable materials enclosure that is in compliance with city standards prior to issuance of a building permit. 33. The street address numbering/lettering shall not exceed eight inches in height. 34. 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. 35. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and ' decoratively screened. Resolution No. 21711 Page 17 36. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 37. The applicant shall provide all tenants with Conditions of Approval of this project. Conditions of Approval shall be included with the distribution of CC&Rs. 38. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side and shall be designated as "van accessible". 39. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 40. Handicapped spaces shall be appropriately marked per Section 93.06.00.C_10. 41. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. 42. Parking lot light fixtures shall align with parking stall striping and shall be located two to three feet from curb face. 43. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 44. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details shall be provided with final landscape plan. 45_ Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. A continuous 6" barrier curb shall serve as wheel stops. 46. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. Resolution No. 21711 Page 18 47. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. ' Engineering Department Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 48. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 49. Applicant shall obtain State permits and approval of plans for all work done on State Highway 111. A copy of an approved Caltrans encroachment permit shall be provided to the City Engineer prior to the issuance of any building permits. 50. Submit street 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. NORTH PALM CANYON DRIVE(STATE HIGHWAY 111) 51. Construct a meandering 8 feet wide sidewalk behind the curb along the entire ' frontage in accordance with City of Palm Springs Standard Drawing No. 210. 46a. Dedicate an easement for sidewalk purposes for those portions of the meandering sidewalk that extend onto the subject property. 52. Construct a Type A curb ramp meeting current California State Accessibility standards at the southwest corner of the intersection of North Palm Canyon Drive and Tram Way in accordance with City of Palm Springs Standard Drawing No, 212. 53. All broken or off grade street improvements shall be repaired or replaced. TRAM WAY 54_ The applicant shall coordinate with the Mt. San Jacinto Winter Park Authority as necessary to remove and relocate the existing Tram Way access gates and directional signs to the Tram. The access gates and directional signs shall be relocated beyond the proposed driveway to the individual unit located at the southwest corner of the property, as required by the City Engineer. r Resolution No. 21711 Page 19 55. Construct an 8 inch curb and gutter, 38 feet south of centerline along the entire frontage, and construct an appropriate transition to the existing curb and gutter at the southwest corner of the intersection of North Palm Canyon Drive and Tram Way in accordance with City of Palm Springs Standard Drawing No. 200. 56. Construct a 14 feet wide driveway approach located approximately 125 feet northeasterly of the southwest corner of the site, in accordance with City of Palm Springs Standard Drawing No. 201. An on-site vehicular turnaround (hammerhead or similar configuration) shall be constructed. 57. Construct two 50 feet wide new street intersections located approximately 440 feet and 1,025 feet from the centerline of North Palm Canyon Drive. The new street intersections shall be constructed with 25 feet radius curb returns and spandrels, and 6 feet wide cross-gutters, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The medians located at the two new street intersections shall be located on-site. The street intersections shall be subject to the review and approval of the City Engineer and Fire Marshall. 58. Construct a meandering 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 53a. Dedicate an easement for sidewalk purposes for those portions of the meandering sidewalk that extend onto the subject property. 59. Construct Type A curb ramps meeting current California State Accessibility standards at each side of the two street intersections at Tram Way and in accordance with City of Palm Springs Standard Drawing No. 212. 60. Construct a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SAN MARCO WAY 61. Dedicate additional right-of-way for a property line - corner cut-back at the southeast corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105, as may be necessary. 62. Construct a 6 inch curb and gutter, 20 feet north of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. Resolution No. 21711 Page 20 63. Construct a 6 inch curb and gutter throughout a standard knuckle at the intersection of San Marco Way and Cardillo Avenue, in accordance with City of Palm Springs Standard Drawing No. 104 and 200. A full knuckle shall be constructed. 64. Remove the existing curb returns at the northwest and southwest corners of the intersection of San Marco Way and North Palm Canyon Drive and construct new 25 feet radius curb returns with spandrels in accordance with City of Palm Springs Standard Drawing No. 206_ 65. Construct a 6 feet wide cross-gutter across the west side of the intersection of North Palm Canyon Drive at San Marco Way with a flow line parallel with and 32 feet westerly of the centerline of North Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 200_ 66. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 67. Construct Type A curb ramp meeting current California State Accessibility standards at the northwest and southwest corners of the intersection of San Marco Way and North Palm Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 212. 68. Construct a minimum pavement section of 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ON-SITE 69. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. 70. On-site drive aisles shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards. Resolution No. 21711 Page 21 71. Gated entry designs shall be reviewed and approved by the City Engineer and Fire Marshall. Submit a detailed entry design showing storage lanes and maneuvering areas. Include standard vehicle and truck turning radius track lines on the detail. Sufficient storage shall be required (50 feet minimum) for vehicles entering the gated project and a turn-around maneuvering area shall be provided for vehicles unable to enter the project. 72. The minimum pavement section for all on-site drive aisles and parking spaces shall be 21/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 73. Parking shall be restricted along the drive aisles as necessary to maintain a 24 feet wide clear two-way travel way, except for designated parking spaces and parking bays. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the drive aisles as necessary to enforce parking restrictions. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. 1 SANITARY SEWER (PUBLIC) 74. The applicant shall extend the public sewer across the subject property, in accordance with the Master Plan of Sewers. The sewer line extension shall be designed to accommodate anticipated future sewage flows from tributary areas north of Tram Way. A gravity sewer line system shall be designed and constructed in accordance with the "Master Sewer Exhibit" prepared by MSA Consulting, Inc., revised to meet minimum City sewer design standards (minimum slope = 0.0035 at minimum velocity = 2 feet per second). An analysis of the proposed sewer extension and the calculated flow rates and velocities shall be provided to the City Engineer for review and approval. In the event a gravity sewer line system can not be designed across the property meeting minimum City sewer design standards, the applicant shall be responsible for the design and construction of a sewer lift station at San Marco Way, as necessary to extend sewer service adjacent to the project, within North Palm Canyon Drive to Tram Way. 75. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 76. Submit sewer improvement plans prepared by a California registered Civil 1 Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. Resolution No. 21711 Page 22 77. Extend the existing 12 inch V.C.P_ sewer main from the sewer manhole located ' at San Marco Way and Junipero Avenue across the site and within the on-site drive aisles located no more than 5 feet from centerline, as required by the City Engineer, to a manhole located at the northwest corner of the intersection of Tram Way and North Palm Canyon Drive. In the event a gravity sewer line system can not be designed across the property meeting minimum City sewer design standards, install a sewer lift station on the north side of San Marco Way, west of North Palm Canyon Drive, and extend 12 inch V.C.P. sewer main in San Marco Way to North Palm Canyon Drive, and in North Palm Canyon Drive to Tram Way, as required by the City Engineer. 78. 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. 79. If public sewer is extended across the site, dedicate a 20 feet wide sewer easement over the extended 12 inch V.C.P. sewer main. The easement shall be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of the public sewer main within the easement. Construction of permanent structures, swimming pools and equipment, or other improvements determined to be an obstruction of the public sewer easement shall not be allowed. Planting of large trees or other planting material with invasive or deep root structures shall be restricted. Access to the public sewer easement shall be maintained and provided to the City of Palm Springs. 80. Provisions for maintenance of the public sewer easement, acceptable to the City Engineer, shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this development. Notice shall be clearly included in the CC&R's defining the restrictions of development within the easements. The CC&R's shall advise the Home Owners Association, of the City's right to enter the site, clear and remove any and all improvements and/or obstructions within the easement, and give the City the right to charge all costs incurred in enforcing this provision, to the Home Owners Association. The CC&R's shall also advise the Home Owners Association of the fact that the City is not required to replace in like kind any landscaping or other improvements within the public sewer easement, in the event repair or replacement of the sewer main is required, and that the City shall be limited to leaving the property in a rough graded condition following any such repair or replacement. SANITARY SEWER (PRIVATE) 81. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system ' acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. Resolution No. 21711 Page 23 82. Sewer plans shall be submitted to the Engineering Division for review and approval by the City Engineer. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. All on-site private sewer systems shall install sewer manhole covers with the words "Private Sewer". A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division, 83. The on-site private sewer system shall connect to the extended public sewer main across the property with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. GRADING 84. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review 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 contractors Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan, Resolution No. 21711 Page 24 b_ The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of ' Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 86. The applicant shall obtain approvals to perform off-site grading and install off-site storm drain improvements (as necessary to accept and convey off-site stormwater runoff) from the record owners of the property identified by Assessor's Parcel Number 504-040-046. Approvals shall include, but not be limited to, a right-of-entry and permanent slope easement, a maintenance and joint use agreement, or other legally recognized approvals, subject to the review and approval by the City Engineer and/or the City Attorney. Of-site approvals by the adjacent property owner shall be required prior to approval of a grading plan. 86. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 87. 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. 88. 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. 89. 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 Engineering Division with the first submittal of a grading plan. 90. 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). Resolution No. 21711 Page 25 DRAINAGE 91. 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. The Preliminary Hydrology Report for Tentative Tract No. 33162 (prepared by MSA Consulting, Inc., dated May 11, 2006) shall be finalized to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the final hydrology report by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology report. 92. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. 93. The applicant shall install a drywell, or series of drywells, within each retention basin proposed in the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywells 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 drywells by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywells 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 Resolution No. 21711 Page 26 drywells 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_ 94_ Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 95. Construct 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 Preliminary Hydrology Report for Tentative Tract No. 33162, prepared by MSA Consulting, Inc., dated May 11, 2006. The hydrology report for Tentative Tract Map 33162 shall be amended to include catch basin sizing, storm drain pipe sizing, and retention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 96. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. The CC&R's shall include appropriate legal authority to enter the property identified by Assessor's Parcel Number 504-040-046 to operate and maintain the off-site storm drain improvements. 97. The project is subject to flood control and drainage implementation fees. The , acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 9$. 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. 99. All proposed utility lines shall be installed underground. Resolution No. 21711 Page 27 100. 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 northerly and southerly property lines meet the requirement to be installed underground. A letter from the owners of the affected utilities shall be submitted to the Engineering Division prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Division identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. 101. 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. 102. 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 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. 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. 103. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 104. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. Resolution No. 21711 Page 28 106_ Nothing shall be constructed or planted in the corner cut-off area of any intersection or 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. 106. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 107. 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. 108. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map, or in the absence of a ' Final Map, shall be submitted and approved by the City Attorney prior to issuance of a Certificate of Occupancy. 109. Upon approval of a final map, the final map shall be provided to the City in G.LS_ 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 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. 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. 110. Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. An easement to Palm Springs Water Company (for pipelines) recorded July 14, 1955 in Book 1766, Page 434, O.R., shall be extinguished, quit-claimed, relocated or ' abandoned to facilitate development of the subject property. Without evidence of Resolution No. 21711 Page 29 the extinguishment, quit-claim, relocation or abandonment of the record easement, building permits for proposed buildings encumbered by the existing record easement will be withheld until such time as this easement is removed of record and are not an encumbrance to the affected buildings. TRAFFIC 111. As determined by the Tram Way Residential Project (TTM33162) Traffic Impact Study (dated July 11, 2006) prepared by Endo Engineering, the following mitigation measures will be required: a. Pay a fair share contribution determined as 10.9% of the cost of geometric modifications and street improvements (asphalt pavement widening, traffic striping and related improvements) as necessary to widen the west leg of the San Rafael Drive and Indian Canyon Drive intersection, in a manner that improves intersection capacity acceptable to the City Engineer. The applicant shall provide an Engineer's estimate of the improvements to the City Engineer for review and approval, and shall pay the fair share contribution of 10.9% of the approved Engineer's estimate prior to approval of a final map. b. Westbound left turn lanes shall be striped for both site access intersections on Tram Way. The eastern site access shall be located approximately 460 feet 1 (centerline to centerline) from North Palm Canyon Drive. A 100 feet long left-turn bay with a 60 feet long transition for the eastern site access shall begin approximately 265 feet from the Palm Canyon Drive centerline. Similar geometrics shall be constructed for the western site access. 112. Install traffic striping and signage improvements at both of the site access intersections on Tram Way to provide 12 feet wide westbound left-turn lanes. Parking shall be prohibited along the Tram Way frontage. Submit traffic striping and signage plans to the City Engineer for review and approval. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 113. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at both of the site access street intersections on Tram Way in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 114. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. Resolution No. 21711 Page 30 115. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks or pedestrian paths of travel shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the North Palm Canyon Drive, Tram Way, and San Marco Way frontages of the subject property. 116. 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. 117. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 118. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 11g. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department 120. Prior to any construction on-site, all appropriate permits must be secured. ADA Compliance 35. Prior to the issuance of building permits, the site plan shall be revised to indicate that the primary entrance into each ground floor dwelling unit us to be on an accessible route providing an unobstructed path connecting all elements of the accessible building which can be negotiated b a person using a wheelchair. Accessible elements include all common area facilities, access to the public right- of-way and public transportation, if available. 36. Prior to the issuance of a building permit, the site plan shall be revised to indicate that at least 10% but not less than one of these multi-level dwelling units is to provide an unobstructed path connecting all of the elements of the accessible building which can be negotiated by a person using a wheelchair. Accessible Resolution No, 21711 Page 31 1 elements include all common area facilities, access to the public right of way and public transportation if it is in that area. Fire Department 121. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan and an electronic CAD version 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. 122. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 123. Residential Smoke Detector Installation; Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2- 2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 124. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC) 125. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 126. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 127. 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) 128. Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 129. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Resolution No. 21711 Page 32 a. Minimum Access Road Dimensions: 1. Private streets shall have a minimum width of at least 20 feet, , pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 2. Roads must be 32 feet wide when parking is allowed on only one side of the roadway. 3. Roads must be 36 feet wide when parking is not restricted. 130. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 131. 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) 132. Mandatory Fire Sprinklers= Project beyond five-minute response time from the closest fire station and therefore requires an automatic Fire Sprinkler System. 133. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 134. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. CFC 902.2.1 135. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 136. Construction Site Guard: A construction site guard is required for combustible construction. The guard shall be on duty during all times when construction workers are not on the premises. (8.04.260 PSMC) Resolution No. 21711 Page 33 137, Fuel Modification Zones: Project is within the "Urban/Wildland Interface" and will require approval of the plant palette and possible inclusion of a fuel modification zone along the West side of the project. 138. Fire Flow: The estimated fire flow for this project is 1500 gallons per minute. END OF CONDITIONS.