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HomeMy WebLinkAbout21740 - RESOLUTIONS - 10/18/2006 RESOLUTION NO. 21740 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, APPROVING TENTATIVE TRACT MAP 34933 TO DIVIDE AIRSPACE FOR A ONE LOT CONDOMINIUM MAP TO CONSTRUCT TWELVE RESIDENTIAL CONDOMINIUM UNITS LOCATED AT 720 AND 750 SOUTH CALLE PALO FIERRO, ZONE R-3, SECTION 23. WHEREAS, The applicants Five Star Property Development, LLC., filed an application for a Tentative Tract Map 34933 and an application for Architectural Review, Case 3.2934 to allow construction of twelve condominium units and associated parking and landscape, APN: 508-181-017 and 508-181-018; and ' 'WHEREAS, On July 24, 2006 the Architectural Advisory Committee (AAC) reviewed the architecture and voted 7-0 to recommend approval of the project; and ' WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider Case 3.2934 and TTM34933, was given in accordance with applicable law; and WHEREAS, on September 27, 2006 a public hearing to consider Case No. 3.2934 / TTM34933, a request to divide airspace for a one lot condominium map to allow construction of twelve condominium maps, was held by the Planning Commission in accordance with applicable law, and WHEREAS, On September 27, 2006 The Planning Commission reviewed the Major Architectural and TTM application, and voted 6-0, (1 abstention), (Hochanadel), for architectural approval to construct twelve condominium units with a recommendation that the City Council approve Tentative Tract Map, TTM34933; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider Case 3.2934 and TTM34933, was given in accordance with applicable law; and WHEREAS, on October 18, 2006, a public hearing on the application for Tentative Parcel Map 32934 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, in accordance with Section 15332 of the CEQA guidelines, the project is considered a Class 32 in-fill development, meeting the conditions of exemption because Resolution No. 21740 Page 2 the project is consistent with the applicable policies of the general plan and zoning ' designation and regulations, the project is less than five acres, the project is not considered a habitat for endangered, rare or threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be served by all utilities; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Section 15332 of The California Environmental Quality Act, CEQA, the City Council finds that the project is considered a Class 32 in- fill development, meeting the conditions of exemption because the project is consistent with the applicable policies of the general plan and zoning designation and regulations, the project is less than five acres, the project is not considered a habitat for endangered, rare or threatened species, approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and the site can be served by all utilities. Section 2: Pursuant to Section 66474 of the Subdivision Map Act, the City Council ' finds that: 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 proposed H 43/21 High-Density Residential, General Plan designation, which governs the subject property. General Plan density allows the development of a threshold of fifteen and a maximum of twenty-one residential dwelling units per acre for the H-43/21 designation. The overall density of the proposed development is twelve dwelling units per acre. Per Objective 3.8, appropriate development in this designation includes mixed-use residential / commercial development in conjunction with adjacent commercial properties. The project proposes multifamily condominium units amongst adjacent commercial properties and the density is lower than the allowable amount. 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 of the right-of-zone project are consistent with the proposed R-3 zone in which the property for the proposal is ' located. Resolution No. 21740 Page 3 C. The site is physically suited for this type of development. The site is vacant, rectangular, relatively flat, and measures approximately 0.69- acres, which is large enough to accommodate the proposal applying the required density and development standards. d. The site is physically suited for the proposed density of development. The proposed 0.09-acre development area of project site can accommodate fourteen condominium units and twelve are proposed without significant grading, The site abuts an improved public street with existing utilities, and the site is accessed by a local street. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The proposal is considered categorically exempt as an infill project according to the California Environmental Act, CEQA and is not considered a habitat for fish, wildlife. 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 the development area 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 does not include easements for access through or use of the property. The design of the subdivision accommodates the existing and proposed drainage way. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves TTM34933, subject to the conditions of approval attached herein as Exhibit A. A Resolution No. 21740 Page 4 ADOPTED, this 181h day of October 2006. ❑avid H. Ready, City er ATTEST: JaiWes Thompson, City Clerk 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. 21740 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 the 18th of October, 2006, by ' the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pcugnet, and Mayor Oden. NOES: None. ABSENT: Mayor Pro Tern Foat. ABSTAIN: None. rfies Thompson, CityThompson, City Clerk '� ity of Palm Springs, California Resolution No. 21740 Page 5 EXHIBIT A Case No. 3.2934 TTM34933 Ironwood Condominiums 720 and 750 South Calle Palo Fierro City Council Meeting ' October 18, 2006 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the ' satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, ' the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ' PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 3.2934. 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. 21740 Page 6 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, 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 shall be payable prior to the issuance of building permits. CC&R's 6. 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 Resolution No. 21740 Page 7 require maintenance of all property in a good condition and in accordance with all ordinances, 7. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3500, for the review of the CC&R's by the City Attorney. A filing fee of $631.00, 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. 8. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. Cultural Resources 9. Prior to any ground disturbing activity, including clearing and grubbing, • installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 10. 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. 11.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 Agua 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 and Zoning 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 Agua Caliente Cultural Resource Coordinator for approval. 12.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 and Zoning Department prior to final inspection. Resolution No. 21740 Page 8 Final Design ' 13. 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. 14. An exterior lighting plan in accordance with Zoning Ordinance Section 9321.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. Public Safety CFD 15. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including , police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. GENERAL CONDITIONS/CODE REQUIREMENTS 16. 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. 17. The appeal period for a MAJ application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. Resolution No. 21740 Page 9 18. The project is subject to the City of Palm Springs Water Efficient Landscape 1 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. 19. 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. 20. The grading plan shall show the disposition of all out and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 21. All materials on the flat portions of the roof shall be earth tone in color. 22, All awnings shall be maintained and periodically cleaned. 23. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 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. 24. 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. 25. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 26. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 27. The street address numbering/lettering shall not exceed eight inches in height. 28. 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. 29, Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. Resolution No. 21740 Page 10 30. Details of pool fencing (material and color) and equipment area shall be ' submitted with final landscape plan. 31. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 32. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 33. 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. 34. The applicant shall provide all tenants and owners with Conditions of Approval of this project. 35. 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." 36. 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. 37. Handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 38. 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. WASTE DISPOSAL 39. Trash cans shall be screened from view and kept within fifty (50) feet of the , street. Resolution No. 21740 Page 11 POLICE DEPARTMENT 40. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 41. Prior to any construction on-site, all appropriate permits must be secured. FIRE Public Safety CFD 42. 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. 43. 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) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. 44. Plot Plan: Prior to completion of the project, a 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. 45. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. 46. Fire Hydrant & FDC Location: A commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected Resolution No. 21740 Page 12 from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. ' 47. Residential Smoke Detector Installation With Fire Sprinklers: Provide Residential Smoke Detectors (FIREX # 0498 accessory module connected to multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch). 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. 48. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 49, Minimum Access Road Dimensions: 50. 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. For two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City engineer, to the minimum of 20 feet required by the Fire Code. No parking shall be allowed in either side of the ' roadway. 51. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. 52. Roads must be 40 feet wide when parking is not restricted. 53. Based on the median requirements fire department will require both left and right turn access to this development. 54. 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. (902.22.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. 55. 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' from such roads. CFC 902.2.1 56, Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) ' Resolution No. 21740 Page 13 57. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a Knox key switch device or Key box. Boxes shall be mounted at 6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 58. Access During Construction: Access for firefighting equipment shall be provided to the immediate job site at the start of construction and maintained until all construction is complete. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13'6". Fire Department access roads shall have an all weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902 CFC) 59. Water Supply: The water supply and location/s of fire hydrants must be approved prior to any work being performed on the job site. (903.1 CFC) 60. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 61. Fire Flow: Fire flow for this project is estimated to be 1500 GPM. 62. Trash Container Protection: If trash container space is within 5 feet of a building wall provide information on the type and size of trash container to be stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then the container must be protected by an approved automatic fire sprinkler. (1103.2.2 CFC) 63. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit travel or near an exit door. Extinguishers located outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. 64. 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) ADA 1 65. The main entrance into each ground floor unit is required to be accessible without any stairs to allow people with mobility impairments easy access. Resolution No. 21740 Page 14 66. The access aisles serving both disabled parking spaces are required to have the words "NO PARKING' painted within them to comply with CBC 1129B.1&2. ' ENGINEERING STREETS 67.Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 68. 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. 69. 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. CALLE PALO FIERO 70. Dedicate an easement 2 feet wide along the back of the driveway approaches for sidewalk purposes. 71. Construct a 6 inch curb and gutter, 18 feet east of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 72. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201 with a centerline located 18 feet north of the south property line. 73. Construct a 20 feet wide driveway approach at the intersection of Calle Palo Fierro and the public alley in accordance with City of Palm Springs Standard Drawing No. 201. 74. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 1 Resolution No. 21740 Page 15 75. Construct pavement with a minimum pavement section of 2'Y2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage 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. PUBLIC ALLEY 76. Construct a Type B2 gutter, modified to 3 feet wide, along the centerline of the public alley from Calle Palo Fierro along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 77. 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, through the full width of the public alley (20 feet wide excluding the gutter at centerline) along the entire frontage. 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 78. The minimum pavement section for all on-site pavement shall be 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. 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. 79. Parking shall be restricted along the drive aisle as necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the south side of the drive aisle 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. 80. 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. Resolution No. 21740 Page 16 SANITARY SEWER 81. All sanitary facilities shall be connected to the public sewer system. New ' laterals shall not be connected at manholes. 82. 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. GRADING 83. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District ' (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396 3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. The first submittal of the Precise Grading and Paving 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 or site plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 84. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 85. 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 Resolution No. 21740 Page 17 proposed development. A copy of the soils report shall be submitted to the Engineering Division with the first submittal of a grading plan. 86. 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 Rough Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 87. 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. Provide a hydrology study 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 system sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. 88. The applicant is advised that an underground retention system may preclude the ability to install appropriate landscaping as may be required by the Department of Planning Services. An underground retention system shall be designed at a sufficient depth to allow typical landscape planting, including trees, and in a manner that does not interfere with the ability of the system to receive runoff in the future. 89. An underground retention system shall be installed on-site and not within the public right-of-way. An underground stormwater retention system shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of an underground stormwater retention system, if installed, shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Home Owners Resolution No. 21740 Page 18 Association (HOA), including reference to the fact that maintenance and/or replacement of the system may require removal of existing improvements at , the sole expense of the HOA. The CC&R's shall reserve the right of the City to inspect and ensure that the underground retention system is operable, and in the event of its failure, shall provide the City the right to advise the HOA and require its repair or replacement to the satisfaction of the City Engineer. 90. 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. 91. The project is subject to flood control and drainage implementation fees. The ' acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 92. 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. , Resolution No. 21740 Page 19 93. All proposed utility lines shall be installed underground. 94, The record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary- The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit- A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership- A covenant preparation fee of $140 shall be paid by the applicant prior to issuance of any grading or building permits. 05, li-n���aceonI ^^^--wit„—chapter Q n4.nn1 ns the City of Pal� cnrnnr nn . n� Goa r all Nn.•. and d-elo + • I I' of +h "4 f'. th .� I+ ^,J�-pfvpv�c �cc-mecrr�ri�,-.^rvr-rrnrr•' " nvc- .-..�v.�cai�crferc� ur less and o..yeFhna4sep4eC-&-a P�.vrn-rc�ccv "�znr-gra� Ea•N,-. and-similar wire- are on site,-ab Ruing, and/OF ��.�r4.n�a nQu hn .tn�Ilrn�L .h orn ro�..nd unless speeifie afe—s-nnu • he r`al"mfvmia-Drt hnlirr v+rtIi-+iinv • t]vmn•I��arvrnr-aiiv-She-fe�rrunmon�.ahpl,i hnrl� L..�+h�n�,ti lltn�`- T`' g overhead utilties-�f'ti orth rf and n# nrnnorF.. lines no4 +ho -mc oqui n4_ 4e be Ilod d . nd 1 er From +hp ' ,z�.��..�.y�_n..r.�.... .. .��Cta-.,...a--dnac^-ry ro.�.��A-`cttc+�-nvn,�v:n�eFS--ef- l-ie affected wt'l aICI be f a grads r nl 'nfor^'n.. +ham Gky +hn+ +hey 1iaye seen nn+ifiorl f the G -"�^3Y'al�-�rtvrtnrrt9'c v�rtarT� 7�Tcrrc-vccTrnrn*cavrm�rn�t�5 dl�ility d .."e .nd-no " giro m on# a +ho r + n# o rn d ..�--rn';ac�cJ,oar,a-ir�g--rcqu-�-cn,c„r-c.,;Cd-m..�--mccrrx^-t+ ze in�mm��f .#ire e.rgF4oURdd,.ng_ � ` �n�,.,il�l In +hn +ir+., , ndn"n"n„ plan ' shall submitted .��*n��ngi -ring--Pr'�Iv -.vcFrrrri*�g-a •-n*�v-.c-g�=ovr�cr faeilities i the area of the jeet to be dergfounded. Wnrlornrn ndin of eAsti"'.� ng- eveFhea I utmlib, 1 hall be rnn.nlote rio +n nee--of--a i �.erF'f'oa#o of nrr.. 96. The applicant is advised t—+ y-i�cri vrvirilt'r�n�rp n Jinn FeqUIFG8 speeft aPra„ali n 1ponnnu'ng Gem Geanei . if Utility unde.rgro s=nfeffed in arrorrlanee '4h specifis di" n+'o L... +he fala nurnn nn /"n-, . r'o nd/nr Gity Ge . sil the FeeeFdOWnOF-Shall cnrncr into-a rc agre�o-�•ag of +nc-cxr�cnna n.r {-1co--caa h"IFrrtctice,=c.� irod y thee_��o in +��L+. f +ram .nnn r n..+ nf_+hn�T ram"+.. Haft Palm Cnrinos !-`i+.. Er r_nat�•, rh v�y me �5art'- T tant h + z-od h #hn norF.. and subm"+Fed #n 51-1a �z"n1^-ez-'rce• z�.���...P... 44e ("ty Engin ear rpria w- nrc�nf a�h� ild'nn n_ rn i# A_r..rron+ +i+ln n, o Gopy-eka-ew rron -W and a copy of a vesting a"an+ deed shall he provided to rify nurren+ n ed,r� owners hi tr. 0 tivtiTcit ra aa+pn Fen of Q paid-by the de e4ia-peFlanev4--sW-Ree orad"*n�n vn'r -wild' permits. 97, 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. Resolution No. 21740 Page 20 98. 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. 99. 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. 100. 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. 101. 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 102. 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 parcels 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. 103. 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. 104. 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.LS. 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 Resolution No. 21740 Page 21 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. TRAFFIC 105. 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 Calle Palo Fierro frontage of the subject property. 106. 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 e subsequent additions in force at the time of construction. 107. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.