HomeMy WebLinkAbout21722 - RESOLUTIONS - 10/4/2006IRESOLUTION NO. 21722
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 33282, FOR THE SUBDIVISION OF AN
APPROXIMATE 6-1-ACRE PARCEL INTO 25 SINGLE-
FAMILY RESIDENTIAL LOTS, LOCATED ON THE NORTH
SIDE OF CASA VERONA AND WEST OF WHITEWATER
RIVER, ZONED 0-5, SECTION 6.
WHEREAS, Casa Verona, 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
IUap 33282; and
WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as
required by the subdivision requirements of the Palm Springs Municipal Code, with the
request for their review, comments, and requirements; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Tentative Tract Map 33282 was given in accordance with applicable
law; and
WHEREAS, on September 13, 2006, a public hearing on the applications for the project
was held by the Planning Commission in accordance with applicable law; and
WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission
has independently considered the effect of the proposed subdivision, Tentative Tract
Map 33282, on the housing needs of the region in which Palm springs is situated and
has balanced these needs against the public service needs of its residents and
available fiscal and environmental resources; and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Tentative Tract Map 33282 was given in accordance with applicable law; and
WHEREAS, on October 04, 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.
Resolution No. 21722
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: A Mitigated Negative Declaration (MND) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA
Guidelines. The City Council finds that with the incorporation of proposed
mitigation measures, potentially significant environmental impacts
resulting from this project will be reduced to a level of insignificance and
therefore recommends the adoption of the Mitigated Negative Declaration
for the project. The Planning Commission has independently reviewed and
considered the information contained in the MND prior to its review of this
Project and the MND reflects the Planning Commission's independent
judgment and analysis.
Section 2: Pursuant to Section 65567 of the Subdivision Map Act, the City Council
makes the following findings:
a. The proposed Tentative Tract Map is consistent with all. applicable general and
specific plans.
The proposed Tentative Map is consistent with the goals and objective of the L-6
(Low Density Residential), General Plan designation which governs the subject
property as well as all property adjacent to the subject site. The applicant is
proposing 25 lots on an approximately 6.1-acre parcel; this proposal is within the
density parameters of the General Plan.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The proposed project is consistent with the zoning designation of R-1-D, which
allows the development of single-family residence at the proposed location. The
proposed subdivision and the provision for its design and improvements comply
with the applicable development standards for streets and lot design.
c. The site is physically suited for this type of development
The project site is relatively flat and each lot contains adequate developable
building area. There are no known bodies of water, ravines, or significant
topographic features on the subject property.
d. The site is physically suited for the proposed density of development.
Resolution No. 21722
Page 3
The General Plan Designation of L-6 establishes a threshold density of 5
dwelling units per acre and a maximum of six dwelling units per acre. The
proposed density of approximately 4 dwelling units per net acre is within the
allowable range of density. Thus the site is physically suited for the number of
proposed number of lots, and the density of the subdivision is consistent with the
General Plan.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitat.
The Environmental Initial Study prepared for the site determined that the project
is adjacent to existing residential uses to the southern and easterly portions of
the location. With the implementation of proposed mitigation measures, any
environmental impacts affecting animals or plan will be mitigated to a level of less
than significant. As stated earlier, there are no known bodies of water on the
subject property and therefore no fish will be disturbed.
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
water quality basins, and a street system which Is consistent with City Standards.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements across the subject property; therefore, the
design of the subdivision will not conflict with any public easements for access
through or use of the property. The applicant is required to dedicate necessary
easements for public access and circulation in and around the new subdivision.
Section 3: The City Council hereby adopts the Mitigated Negative Declaration for
Tentative Map 33282, and directs staff to file the associated Notice of
Determination.
Section 4: The City Council approves Tentative Tract Map 33282 subject to the
conditions of approval attached as Exhibit A.
Resolution No. 21722
Page 4 '
ADOPTED THIS 4" day of October, 2006.
ATTEST:
r
James Thompson, City Clerk
David H. Ready, 6 ` anager
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. 21722 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 October 4ih 2006, by the
following vote:
AYES: Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Foat,
and Mayor Oden.
NOES: None.
ABSENT: Councilmember Pougnet.
ABSTAIN: None.
, es Thompson, City Clerk
r� ity of Palm Springs, California
Resolution No. 21722
Page 5
CITY OF PALM SPRINGS
CONDITIONS OF APPROVAL
OCTOBER 04, 2006
5.1035-ZC & TENTATIVE TRACT MAP 33282 (Casa Verona)
APN: 677-030-028
North of Casa Verona Road & West of Whitewater River
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
,Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
Administrative
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void
or annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Tentative Tract Map 33623. The
City of Palm Springs will promptly notify the applicant of any such claim, action, or
proceeding against the City of Palm Springs and the applicant will either undertake
defense of the matter or pay the City's associated legal costs or will advance funds
to pay for defense of the matter by the City Attorney. If the City of Palm Springs
fails to promptly notify the applicant of any such claim, action or proceeding or fails
to cooperate fully in the defense, the applicant shall not, thereafter, be responsible
to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding
the foregoing, the City retains the right to settle or abandon the matter without the
Resolution No, 21722
Page 6 '
applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an
adverse judgment or failure to appeal, shall not cause a waiver of the
indemnification rights herein.
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation sidewalks,
bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and
fences between the curb and property line, including sidewalk or bikeway
easement areas that extend onto private property, in a first class condition, free
from waste and debris, and in accordance with all applicable law, rules, ordinances
and regulations of all federal, state, and local bodies and agencies having
jurisdiction at the property owner's sole expense. This condition shall be included
in the recorded covenant agreement for the property if required by the City.
4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform
Building Code, the fee being 112% for commercial or industrial projects, 114% 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
Resolution No. 21722
Page 7
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 3-1 To the extent feasible, the project contractor shall use the following
equipment to reduce and methods to reduce construction emissions: (Air
Quality)
a. To mitigate for off -road mobile source emissions (Table 11-3 of SCAQMD
CEQA Hankbook):
• Use of methane -fueled pile drivers;
• Use of electricity from power poles rather than temporary diesel
or gasoline power generators;
• Use of methanol or natural gas on -site mobile equipment
instead of diesel; and
• Use of propane- or butane -powered on -site mobile equipment
instead of gasoline-
b. To mitigate for PM10 Emissions related to Grading:
• Apply non -toxic soil stabilizers according to manufacturers'
specifications to all inactive construction areas (previously
graded areas inactive for ten days or more).
• Replace ground cover in disturbed areas as quickly as
possible.
• Enclose, cover, water twice daily or apply non -toxic soils
binders according to manufacturers' specifications, to exposed
piles (i.e., gravel, sand, dirt) with five percent or greater silt
content.
• Water active sites at least twice daily.
• Suspend all excavating and grading operations when wind
speeds (as instantaneous gusts) exceed 25 mile per hour.
• Monitor for particulate emissions according to SCAQMD
District -specified procedures. Contract the District for more
information at 714-396 3600.
c. To mitigate for PM10 Emissions related to Paved Roads:
• Sweep streets at the end of the day if visible soil material is
carried onto adjacent public paved roads (recommend water
sweepers with reclaimed water).
• Install wheel washers where vehicles enter and exit unpaved
roads onto paved roads, or wash off trucks and equipment
leaving the site each trip.
Resolution No. 21722
Page 8
d. To mitigate for PMto Emissions related to Unpaved Roads:
• Apply water three times daily, or non -toxic soil stabilizers
according to manufacturers' specifications, to all unpaved
parking or staging areas or unpaved road surfaces.
• Traffic speeds on all unpaved roads to be reduced to fifteen
miles per hour or less.
• Pave construction roads that have a traffic volume of more than
50 daily trips by construction equipment, 150 total daily trips for
all vehicles.
• Pave all construction access roads at least 100 feet on to the
site from the main road.
• Pave construction roads that have a daily traffic volume of less
than 50 vehicle trips.
MM 3-2 The following measures from the District's Rule 403, Table 1, Best Available
control Measures (Applicable to All construction Activity) shall also be
implemented: (Air Quality)
1. Stabilize backfill material during handling and at completion
of activity.
2. Pre -water soils prior to cut and fill activities.
3. Stabilize wind erodible surfaces to reduce dust.
4. Stabilize surface soils where support equipment and
vehicles will operate.
5. Stabilize disturbed soils throughout the construction site.
6. Pre -apply water and re=apply water as necessary to
maintain soils during earth=moving activities. Visible
emissions shall not exceed 100 feet in any direction.
7. Maintain at least six feet of freeboard on haul vehicles.
8. Stabilize stockpiled soils_
9. Limit vehicular travel to established unpaved roads (haul
routes) and unpaved parking lots.
MM 4-1 All construction vehicles or equipment, fixed or mobile, operated within 1,000
feet of a dwelling shall be equipped with property operating and maintained
mufflers. This requirement shall be included on the contractor specifications
and shall be verified by the Planning Director. (Noise)
MM 4-2 Stockpiling and/or vehicle staging areas shall be located on -site and as far as
practical from sensitive noise receptors (i.e., residential homes located south
and east of the project). This requirement shall be included in the contractor
specifications and shall be verified by the Planning Director. (Noise)
Resolution No. 21722
Page 9
MM 11-1 The applicant shall be required to pay $800 per acre mitigation fee to the
Tribe for the habitat that will be impacted by the subdivision project that may
be occupied by the federally endangered fringe -toed lizard and other species
of concern including: the flat -tailed horned lizard, Palm Springs ground
squirrel, Palm Springs pocket mouse; species of concern that have a lower
likelihood of onsite occurrence, including burrowing owl and black tailed
gnatcatcher and SNPS-sensitive chaparral sand verbena that does occur on
the site and slender wooly heads, if it occurs there now or may in the future.
(Biological Resources)
MM 11-2 Conduct pre -construction surveys for burrowing owls within 48 hours of
construction and have a qualified biologist remove them, if found, and
collapse burrows to prevent re -occupation. (Biological Resources)
MM 11-3 Conduct pre -construction live trapping for burrowing mammals 48 hours in
advance of grading to remove burrowing animals that may otherwise be
entombed and to obtain better data on potentially occurring species_
(Biological Resources)
MM 11-4 Refrain from storing soils or building materials on -site in an unconfined
manner that would attract burrowing species. Stored soil shall be covered
and weighted to prevent wildlife intrusion. Spoils from development shall be
removed to prevent potential attraction of sensitive species. (Biological
Resources)
IIAM 12-1 Archaeological monitoring of earth -disturbing activities shall be done by a
qualified archaeologist and tribal appointed monitor in compliance with the
tribal Historic Preservation Office. (Cultural and Historic Resources)
IVIM 12-2 In the event that cultural resources are located during grading activities on
the 23 acres of tribal land related to this project, construction must be halted
in the vicinity of the find and the BIA Regional Archaeologist and project
archaeologist shall be notified. If cultural resources are located during
grading activities on the eleven acres of non -reservation (fee land),
construction activities must be halted in the vicinity of the find and the project
archaeologist shall be notified. Work should not proceed in the area of the
find, but rather be redirected, if possible, until a qualified archaeologist has
been consulted to determine the significance of the find. The City of Palm
Springs General Plan Historic element policy 5b/16 includes the requirement
"_..if archaeological resources are uncovered during grading for any project
within the planning area, the building contractor shall stop grading
immediately. The contractor shall notify the City and shall summon a
qualified archaeologist to determine the significance of uncovered resources
and specify appropriate mitigation." (Cultural and Historic Resources)
Resolution No, 21722
Page 10 '
7. The developer shall reimburse the City for the City's costs incurred in monitoring
the developer's compliance with the conditions of approval and mitigation
monitoring program, including, but not limited to inspections and review of
developers operations and activities for compliance with all applicable dust and
noise operations, and cultural resource mitigation. This condition of approval is
supplemental and in addition to normal building permit and public improvement
permits that may be required pursuant to the Palm Springs Municipal Code_
CC&R's
8. The applicant prior to issuance of building permits shall submit three (3) sets of a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning Services for approval in a form to be approved by the City
Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be
submitted with a list of the adopted conditions of approval and an indication of
where applicable conditions are addressed in the CC&R's. The CC&R's shall be
enforceable by the City, shall not be amended without City approval, shall require
maintenance of all property in a good condition and in accordance with all
ordinances.
9. The applicant shall submit to the City of Palm Springs, a deposit in the amount of '
$2000, for the review of the CC&R's by the City Attorney. A filing fee, in
accordance with the fee schedule adopted by the City Council, shall also be paid
to the City Planning Services Department for administrative review purposes.
Public Safety CFD
10. The Project will bring a significant number of additional residents to the community.
The City's existing public safety and recreation services, including police
protection, criminal justice, fire protection and suppression, ambulance, paramedic,
and other safety services and recreation, library, cultural services are near
capacity. Accordingly, the City may determine to form a Community Services
District under the authority of Government Code Section 53311 et seq, or other
appropriate statutory or municipal authority. Developer agrees to support the
formation of such assessment district and shall waive any right to protest, provided
that the amount of such assessment shall be established through appropriate
study and shall not exceed $500 annually with a consumer price index escalator.
The district shall be formed prior to sale of any lots or a covenant agreement shall
be recorded against each parcel, permitting incorporation of the parcel in the
district.
Resolution No. 21722
Page 11
ENGINEERING/PUBLIC WORKS DEPARTMENT
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
6.1r:01:1
'I. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. 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.
3. The applicant shall be required to construct asphalt concrete paving for streets in
two separate lifts. The final lift of asphalt concrete pavement shall be postponed
until such time that on -site construction activities are complete, as may be
determined by the City Engineer. (Paving of streets in one lift prior to completion
of on -site construction will not be allowed, unless prior authorization has been
obtained from the City Engineer. Completion of asphalt concrete paving for
streets prior to completion of on -site construction activities, if authorized by the
City Engineer, will require additional paving requirements prior to acceptance of
the street improvements, including, but not limited to: removal and replacement
of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as
required by the City Engineer.
4. An application for an Encroachment Agreement shall be submitted to the
Engineering Division to allow construction of landscaped median islands within
the street right-of-way of Lot "A" and Lot "B". The application for the
Encroachment Agreement shall be approved prior to approval of street
improvement plans. The conditions of the Encroachment Permit will require that
the Homeowners Association assume all responsibility for the landscaping,
irrigation, and maintenance of the center median islands, and that its landscape
maintenance contractor provide the City with general liability insurance.
Provisions for maintenance of the landscaped median islands, acceptable to the
City Engineer, including requirements for general liability insurance, shall be
included in Covenants, Conditions and Restrictions (CC&R's) required for this
development.
1 IAZ1610h\Y07_U;
5. Dedicate a right-of-way of 13 feet along the entire frontage, together with
property line - corner cut backs at the intersection of Verona Road and Lot "A", in
accordance with City of Palm Springs Standard Drawing No. 105.
Resolution No, 21722
Page 12
6. Dedicate right-of-way as necessary for the partial street "knuckle" at the east end
of Verona Road, in accordance with City of Palm Springs Standard Drawing No.
104.
7. Acquire an additional right-of-way of 18 feet across the adjacent property
identified as Tentative Tract Map 30350, and previously as Assessor's Parcel
Number 677-030-001, to provide a half -width right-of-way of 31 feet. This
condition shall be null and void if right-of-way for Verona Road has previously
been dedicated through recordation of a Final Map for Tentative Tract Map
30350.
8. Dedicate an easement 2 feet wide along the back of all driveway approaches for
sidewalk purposes.
9. Construct a 6 inch curb and gutter, 18 feet north of centerline, with 25 feet radius
curb returns and spandrels at the northeast and northwest corners of the
intersection of Verona Road and Lot "A", in accordance with City of Palm Springs
Standard Drawings No. 200 and 206.
10. The street "knuckle" at the easterly end of Verona Road shall be constructed in
accordance with City of Palm Springs Standard Drawing No. 104. ,
11. If not already completed by others, remove and replace existing curb and gutter
on Verona Road between Whitewater Club Drive and the west Tract boundary as
necessary to transition from the end of existing street improvements to proposed
street improvements, as required by the City Engineer.
12. Construct a 6 feet wide cross -gutter across the intersection of Verona Road and
Lot "A" with a flowline 18 feet north of and parallel with the centerline of Verona
Road, in accordance with City of Palm Springs Standard Drawing No. 200 and
206.
13. Construct driveway approaches in accordance with City of Palm Springs
Standard Drawing No. 201.
14. Construct a 5 feet wide sidewalk behind the curb along the entire frontage of
Verona Road, in accordance with City of Palm Springs Standard Drawing No.
210.
15. Construct Type A curb ramps meeting current California State Accessibility
standards at the northeast and northwest corners of the intersection of Verona
Road and Lot "A", in accordance with City of Palm Springs Standard Drawing No. ,
212.
Resolution No. 21722
Page 13
16. If not already completed by others, remove and replace existing pavement on
Verona Road located between Wyhitewater Club Drive and the west Tract
boundary with 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, 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.
17. On Verona Road, a minimum 24 feet wide travel way shall be constructed, as
measured from face of curb. Unless the southerly portion of Verona Road has
already been completed by others, 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,
between the proposed gutter on the north side of Verona Road to 6 feet south of
centerline 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.
118. Install a redwood header along the new edge of pavement located 6 feet south of
centerline. If the southerly portion of Verona Road has already been completed
by others, the northerly pavement section of Verona Road shall be constructed to
a clean sawcut edge of pavement.
LOTS "A" AND "B"
19. Dedicate a right-of-way of 50 feet and throughout the cul-de-sacs over Lot "A"
and Lot "B", together with property line - corner cut backs at the northeast and
southeast corners of the intersection of Lot "A" and Lot "B", in accordance with
City of Palm Springs Standard Drawing No. 105.
20. The off -set cul-de-sac at the northerly end of Lot "A" shall be constructed in
accordance with Riverside County Standard Drawing No. 800(A), amended with
A=25', C=7', or as approved by the City Engineer. A landscaped center median
island shall be constructed with a maximum diameter of 20 feet subject to the
review and approval of the City Engineer and Fire Marshall. A minimum curb
radius of 43 feet shall be maintained throughout the cul-de-sac bulb. Appropriate
traffic signage shall be installed at the south side of the center median island
Ifacing northbound traffic on Lot "A"
Resolution No. 21722
Page 14 '
21. The cul-de-sac at the easterly end of Lot "B" shall be constructed in accordance
with City of Palm Springs Standard Drawing No. 101, W/2 = 18'. A landscaped
center median island shall be constructed with a maximum diameter of 20 feet
subject to the review and approval of the City Engineer and Fire Marshall. A
minimum curb radius of 43 feet shall be maintained throughout the cul-de-sac
bulb. Appropriate traffic signage shall be installed at the west side of the center
median island facing eastbound traffic on Lot "B".
22. Parking shall be restricted within both of the cul-de-sacs of Lot "A" and Lot "B
Regulatory Type R26 "No Parking" signs shall be installed in the cul-de-sacs as
necessaryto enforce parking restrictions.
23. Construct 6 inch wedge curb and gutter, 18 feet from centerline along both sides
of the internal public streets and throughout the cul-de-sacs over Lot "A" and Lot
"B", with 25 feet radius curb returns and spandrels at the northeast and southeast
corners of the intersection of Lot "A" and Lot "B", in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
24. Construct a 6 feet wide cross -gutter across the intersection of Lot "A" and Lot "B"
with a flowline 18 feet east of and parallel with the centerline of Lot "A", in ,
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
25. Construct a 5 feet wide sidewalk behind the curb along the entire frontage of Lot
"A" and Lot "B", in accordance with City of Palm Springs Standard Drawing No.
210.
26. Construct a Type A curb ramp meeting current California State Accessibility
standards at the northeast and southeast corners of the intersection of Lot "A"
and Lot "B", in accordance with City of Palm Springs Standard Drawing No. 212.
27. Construct a minimum pavement section of 2Y2 inches asphalt concrete pavement
over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, over Lot "A" and Lot "B", 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
28. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes. 1
Resolution No. 21722
Page 15
29. 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.
30. Construct an 8 inch V.C.P. sewer main across the entire Lot "A" and Lot "B"
frontages located 5 feet from centerline or as required by the City Engineer and
connect to the extended public sewer system in Verona Road. All sewer mains
constructed by the applicant and to become part of the public sewer system shall
be digitally video recorded prior to acceptance of the sewer system for
maintenance by the City. A computer disc of the video recording shall be
provided to the City Engineer for review. Any defects of the sewer main shall be
removed, replaced, or repaired to the satisfaction of the City Engineer prior to
acceptance.
31. Acquire a public sewer easement, 20 feet wide, across the adjacent property
identified as Tentative Tract Map 30350, and previously as Assessor's Parcel
Number 677-030-001, over the extended public sewer through the southerly
extension of Lot "A" across Tentative Tract Map 30350 to the property identified
by Assessor's Parcel Number 677-030-032. This condition shall be null and void
if right-of-way for the southerly extension of Lot "A" across Tentative Tract Map
30350 has previously been dedicated through recordation of a Final Map.
32. If not already completed by others, the applicant shall construct an extension of
the public sewer main within Gene Autry Trail, from Vista Chino to Via Escuela;
within Via Escuela located 5 feet from centerline from Gene Autry Trail to the
southerly extension of Lot "A"; and across the extension of Lot "A" across the
properties identified by Assessor's Parcel Number 677-030-032, and identified as
Tentative Tract Map 30350, previously identified by Assessor's Parcel Number
677-030-001, as necessary to extend sanitary sewer service to the subject
property as approved by the City Engineer. Construction of the extension of the
sanitary sewer system to the subject property shall be completed prior to
issuance of a building permit.
33. The applicant shall be required to obtain State permits and approval of plans for
sewer construction performed within Vista Chino (State Highway 111) right-of-
way. A copy of an approved Caltrans encroachment permit shall be provided to
the City Engineer prior to the issuance of any building permits. This condition
shall be null and void if the public sewer main extension has been completed by
others.
34. If not already completed by others, the applicant shall coordinate construction of
the sanitary sewer extension within Gene Autry Trail and Via Escuela such that
the sewer construction precedes construction of the planned Gene Autry Trail
widening improvements (City Project No. 02-03) by the City. In the event the
Resolution No, 21722
Page 16
applicant has not completed construction of the sanitary sewer extension within
Gene Autry Trail and Via Escuela prior to the City's approval of construction
documents for bidding of City Project No. 02-03, the applicant shall be
responsible for coordinating construction of the sanitary sewer extension as a
part of City Project No. 02-03, which shall be completed by the City. The
applicant shall be required to deposit an amount representing the City Engineer's
estimate of the cost to construct the sanitary sewer extension within Gene Autry
Trail and Via Escuela within 10 days notice from the City Engineer, and shall be
required to deposit additional amounts as necessary to cover the awarded
construction contract cost of the sanitary sewer extension, and any required
contract change orders during construction of the sanitary sewer extension within
Gene Autry Trail and Via Escuela, upon 10 days notice from the City Engineer_
The applicant shall be required to enter into an agreement establishing the terms
and obligations of the applicant and the City in coordinating construction of the
applicant's required sanitary sewer extension as a part of City Project No. 02-03
by the City.
35. Costs associated with design and construction of the off -site sewer extension
from Vista Chino to the subject property may be reimbursed, pursuant to a Sewer
Reimbursement Agreement approved by the City Council in accordance with the
policies established by Resolution 13773, and amended by Resolution 15975_ ,
Following completion and acceptance of the off -site sewer extension by the City
Engineer, if reimbursement is requested in writing by the applicant, the applicant
shall submit a formal request for preparation of a Sewer Reimbursement
Agreement with a $2,500 deposit for City staff time associated with the
preparation of the Sewer Reimbursement Agreement, including City Attorney
fees. The applicant shall be responsible for payment of all associated staff time
and expenses necessary in the preparation and processing of the Sewer
Reimbursement Agreement with the City Council, and shall submit additional
deposits as necessary when requested by the City, which are included in the
amount that may be reimbursed to the applicant through the Sewer
Reimbursement Agreement. The Sewer Reimbursement Agreement is subject to
the City Council's review and approval at a Public Hearing, and its approval is not
guaranteed nor implied by this condition.
36. If not already completed by others, upon completion of the public sewer system
extension across the property identified by Assessor's Parcel Number 677-030-
032, and as a condition of acceptance of the public sewer system by the City
Engineer, the applicant shall prepare for the City Engineer's approval an Affidavit
of Completion in accordance with Section 169.16, Title 25, of the Code of
Federal Regulations, for the public sewer improvements constructed by the
applicant for which an easement was dedicated to the City through the Bureau of '
Indian Affairs. The Affidavit of Completion shall be provided to and approved by
the City Engineer prior to final acceptance of the public sewer improvements,
Resolution No. 21722
Page 17
including issuance of a final certificate of occupancy. The applicant shall be
responsible for obtaining the necessary form for the Affidavit of Completion from
the Palm Springs Agency of the Bureau of Indian Affairs, and for having it
completed as necessary by the applicant's Engineer of Record.
::e ►
37. The preliminary grading plan and proposed pad elevations for Lots 12 through 19
adjacent to Lot "B", as shown on Tentative Tract Map 33282, shall be revised to
ensure that all on -site stormwater runoff is directed to Lot "A". The following
changes shall be implemented to the preliminary grading plan on Tentative Tract
Map 33282:
a. The proposed low point at the throat of the cul-de-sac of Lot "B" shall be
relocated to the intersection with Lot "A", and the direction of fall shall be
reversed such that on -site stormwater runoff within Lot "B" is directed to Lot
"A" at a minimum slope of 0.35%. A high point shall be created at the middle
of the cul-de-sac at Lots 17 and 19 on Lot °B
b. Pad elevations for Lots adjacent to Lot °B" shall be revised to provide for the
recommended direction of fall from east to west.
c. If necessary, pad elevation differences between Lots 14 and 19, and the
adjacent existing grade within the Riverside County Flood Control & Water
Conservation District (RCFC) easement may be accommodated within the
RCFC easement by construction of a fill slope, upon approval by RCFC
through issuance of an Encroachment Permit. The applicant shall coordinate
with RCFC for necessary off -site grading approvals.
38. 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 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
Resolution No. 21722
Page 18 '
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella
Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3752, or at www.AQMD_gov. A
Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive
Dust Control Handbook, shall be submitted to and approved by the
Engineering Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following information:
a copy of final approved conformed copy of Conditions of Approval; a copy of
a final approved conformed copy of the Tentative Tract Map; a copy of current
Title Report; a copy of Soils Report; and a copy of the associated Hydrology
Study/Report.
39. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
40. 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.
41. 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.
42. 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.
43. 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 Precise 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. 21722
Page 19
DRAINAGE
44. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system. The applicant shall obtain approval from Riverside County Flood Control
& Water Conservation District (RCFC) for connection of proposed storm drain
improvements to the proposed RCFC storm drain system to be constructed
across the adjacent property identified as Tentative Tract Map 30350, and
previously as Assessor's Parcel Number 677-030-001. The applicant shall be
required to obtain an Encroachment Permit from RCFC for connection of
proposed storm drain improvements to the proposed RCFC facility. A copy of
the Encroachment Permit shall be provided to the City Engineer, prior to approval
of on -site storm drain improvement plans.
45. The Preliminary Hydrology Report for Tentative Tract No. 33282, prepared by
Sanborn A/E, Inc., dated July 10, 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 storm drain system 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.
46. 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.
47, Submit storm drain improvement plans for all on -site storm drainage system
facilities for review and approval by the City Engineer.
Resolution No. 21722
Page 20 '
48. If not already completed by others, the applicant shall be responsible for
preparation of flood control improvement plans prepared by a California
registered civil engineer subject to review and approval by the Riverside County
Flood Control & Water Conservation District (RCFC) for construction of storm
drain improvements necessary to accept and convey stormwater runoff to the
Whitewater River levee. The storm drain improvement plans shall be approved
by RCFC prior to approval of a grading plan.
49. Construct drainage improvements, including but not limited to catch basins, and
storm drain lines, for drainage of on -site streets, as described in the Preliminary
Hydrology Study for Tentative Tract No. 33282, prepared by Sanborn AJE, Inc.,
dated July 10, 2006 (as amended). The hydrology report for Tentative Tract Map
33282 shall be amended to include catch basin sizing and storm drain pipe
sizing, and other specifications for construction of required on -site storm
drainage improvements.
50. A 6 feet wide private drainage easement shall be reserved on the Final Map,
adjacent to the west Tract boundary, across Lots 1 through 9, to accommodate
the proposed 5 feet wide concrete drainage channel. The drainage easement
shall be privately maintained by a Homeowners Association (HOA). Provisions ,
for maintenance acceptable to the City Engineer shall be included in Covenants,
Conditions and Restrictions (CC&R's) required for this project.
51. Acquire a public storm drain easement across the adjacent property identified as
Tentative Tract Map 30350, and previously as Assessor's Parcel Number 677-
030-001, as necessary to extend storm drain improvements to be operated and
maintained by Riverside County Flood Control & Water Conservation District
(RCFC) to the Whitewater River. Right-of-way requirements for the extended
storm drain improvements shall be determined by RCFC. This condition shall be
null and void if public storm drain easements have previously been dedicated
through recordation of a Final Map for Tentative Tract Map 30350.
52. The 10 feet wide public storm drain easement identified across Lots 17 and 22
on Tentative Tract Map 33282 is not approved. Drainage of Lot "B" shall be
provided by surface drainage within Lot "B" to Lot "A".
GENERAL
53. 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
Resolution No. 21722
Page 21
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.
54. All proposed utility lines shall be installed underground.
55. 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 south property line meet the requirement to be installed underground.
If not already completed by others, 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. As soon as available, a 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.
56. 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.
57. 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.
58. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) 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
Resolution No. 21722
Page 22 '
approved improvement plans shall be submitted to the City Engineer for approval
prior to construction.
59. Nothing shall be constructed or planted in the corner cut -oft 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.
60. 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
61. 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. '
62. 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.
63. 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 (eD0), DWG (AutoCAD 2004 drawing file), DGN (Microstation
drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe
Acrobat (3.0 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.
Resolution No. 21722
Page 23
TRAFFIC
64. Install a street name sign at the intersection of Lot "A" and Lot "B", and Lot "A"
and Verona Road, in accordance with City of Palm Springs Standard Drawing
Nos. 620 through 625.
65. Install a 30 inch stop sign, stop bar, and "STOP" legend at the northwest corner
of the intersection Lot "A" and Verona Road, and at the northeast corner of the
intersection of Lot "A" and Lot "B", in accordance with City of Palm Springs
Standard Drawing Nos. 620-625.
66. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks within the development. Minimum clearance on public
sidewalks shall be provided by either an additional dedication of a sidewalk
easement (if necessary) and widening of the sidewalk, or by the relocation of any
obstructions within the public sidewalk along the Verona Road, Lot "A", and Lot
"B" street frontages.
67. 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.
68. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
POLICE DEPARTMENT
1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT:
1. Prior to any construction on -site, afl 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 II, City
of Palm Springs Ordinance 1570, Desert Water Agency specifications, NFPA
Standards plus UL and CSFM listings.
Resolution No. 21722
Page 24 '
2. Streets and Fire Lanes: Street construction, widths, turning radius' and cul-de-
sacs shall be constructed in accordance with the 1998 California Fire Code,
Article 9, City of Palm Springs engineering standards, 1997 California Building
Code, and Palm Springs Ordinance 1570.
3. Fire Department Access: Minimum Fire Lane width shall be 24' unobstructed
per the 1998 California Fire Code, Article 9. Vertical clearance shall not be less
than 14'6".
4. Construction Site Fencing Required: Construction site fencing required for
new construction over 5,000 SF. Fencing shall remain intact until buildings are
stuccoed or covered and secured with lockable doors and windows or until the
Fire Marshall deems necessary. Provide 14' wide access gates equipped with
changeable chains and locks.
5. Construction Site Guard: Construction site guard required for new construction
over 5,000 SF per City of Palm Springs Ordinance 1570. Guard to remain on
duty 24 hours a day, 7 days per week, as determined by the fire marshal.
6. Turning Radius: The outside turning radius of fire apparatus roads and Cul-de-
sac streets shall be at least 43' from centerline, inside turning radius required is '
30' from centerline per the 1998 California Fire Code, Article 9 and City of Palm
Springs Ordinance 1570.
7. Fire Hydrants, Water Systems and Standpipes: Fire hydrants shall be
installed per NFPA standards, plus 1998 California Fire Code and DWA
standards. Where underground water mains are to be provided, they shall be
installed, completed and in service with fire hydrants and standpipes or
combinations thereof located as directed by this office, but not later than the time
when combustible materials are delivered to the construction site.
8. Water Agency Construction Specifications: All water mains, fire hydrants and
devices shall be installed in accordance with Desert Water Agency specifications
and standards.
9. Mandatory Fire Sprinklers: Automatic Fire Sprinkler System with 24 hours
monitoring is required per City of Palm Springs Fire Protection Master Plan Vol. II
and City of Palm Springs Ordinance 1570.
10. Fire Sprinkler Installation: Fire sprinklers shall be designed and installed per
NFPA 13 and 13D (Modified) by a state licensed C-16 Fire Sprinkler Contractor.
Resolution No. 21722
Page 25
11. Further Comments: Further comments as conditions warrant.
12. Fire Flow: Fire flow will be estimated once the square footage and type of
construction is known.
END OF CONDITIONS