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HomeMy WebLinkAbout21873 - RESOLUTIONS - 4/18/2007 ' RESOLUTION NO. 21873 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION FROM MARCH 16, 2007, TO MARCH 15 2008, FOR TENTATIVE TRACT MAP 28668 LOCATED WEST OF ROSE AVENUE AND CORONADO AVENUE, ZONE R-1-A, SECTION 10. WHEREAS, Edith Armstrong M. Toor ("Applicant") has filed an application with the City pursuant to Chapter 9.63.110 of the Palm Springs Municipal Code for a one-year time extension to the previously approved Tentative Tract Map 28668 to allow a subdivision of Assessor Parcel Number 505-030-007 into six lots; and WHEREAS, on March 14, 2007, the Planning Commission considered the request in a public meeting and recommended approval of the extension request; and WHEREAS, a Mitigated Negative Declaration of environmental impact was previously approved by the City Council on March 16, 2005. Pursuant to Section 15162 of the California Environmental Quality Act (CEQA) Guidelines, the preparation of a Subsequent Negative Declaration, Addendum Negative Declaration, or further environmental assessment is not necessary because the changed circumstances of the ' project will not result in any new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 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, and all written and oral testimony presented. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council approves one year time extension for TTM 28668 ending on March 15, 2008, subject to those conditions set forth in the attached Exhibit A. ADOPTED this 18th day of April, 2007. David H. Ready, anager ATTEST: ' /�� es Thompson, City Clerk Resolution No. 21873 Page 2 ' 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. 21873 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 day of April, 2007, by the following vote: AYES Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. Pity Thompson, City Clerk Palm Springs, California 1 1 Resolution No. 21873 ' Page 3 EXHIBIT A Tentative Tract Map 28668 Time Extension West of Rose Avenue at Coronado Avenue April 18, 2007 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, 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 28668. 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. 21873 Page 4 ' 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. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,314.00 shall be submitted by the applicant in the form of a money order or a cashiers check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 5. This project shall be subject to Chapters 224 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 projects or 114% for residential projects 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 and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. Environmental Assessment 7. The mitigation measures of the environmental assessment shall apply and incorporated into these conditions by reference. ' Resolution No. 21873 ' Page 5 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers 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. Public Safety GFD 9. 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 C. Section 63311 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. Final Design 10. Future development of the subdivision shall conform to the development standards of the R-1-A zone, Section 92.01.00; Hillsides, Section 93.13.00: and Architectural Review, Section 94.04.00 of the Zoning Ordinance. 11. Grading of individual lots and/or pads is not permitted in conjunction with this subdivision. Grading associated with each individual lot within the subdivision and future residences thereon are subject to the architectural review process specified in Section 94.04.00 of the Palm Springs Zoning Ordinance. 12. If possible, the ultimate street width and design of the private street serving the subdivision shall be reduced to the satisfaction of the Fire Marshal, the City Engineer, and the Director of Planning Services. 13. The developer of each single-family residence shall construct a six (6) foot high decorative fence or wall around the north, west, and south project perimeter to ' create a barrier between the project and undeveloped properties. In the event there is evidence that bighorn sheep are entering the subject property the City may require each homeowner to increase perimeter fence and/or wall height to Resolution No. 21873 Page 6 ' eight (8) feet or more. The fence or wall shall be increased in height within one year upon written notice by the Director of Planning Services_ GENERAL CONDITIONS/CODE REQUIREMENTS 14. 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. 15. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. POLICE DEPARTMENT 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 1. Prior to any construction on-site, all appropriate permits must be secured. ' FIRE 1. Construction shall be in accordance with the current following codes. California Fire Code, California Building code, National Electrical Code, City of Palm Springs Ordinance 1570, Desert Water Agency requirements, NFPA 13D (Modified), Urban Wildland Interface Code plus UL and CSFM listings and approvals. 2. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 3. Minimum Access Road Dimensions: Provide a minimum 20 feet unobstructed width. If parking on one side of the access road is desired, provide an additional 8 foot wide parking lane with opposing curb marked red with appropriate signage for a total 28 foot width. If parking on both sides of the access road is desired, provide an 8 foot wide parking lane on each side of the access road for a total 36 foot width. (902.2.2.1 CFC) ' Resolution No. 11873 Page 7 4. 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. (9022,2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. 5. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 43 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 6. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC). 7. 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 AA 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. 8. 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) 9, Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the fire department. (9- 2.1 NFPA 24 1995 edition) 10. Access During Construction: Access for fire fighting 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) Resolution No. 21873 Page 8 ' 11. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. This includes any accessory buildings, regardless of size. Only a C- 16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 1999 edition, as modified by local ordinance. The contractor should submit fire sprinkler plans as soon as possible. No portion of the fire sprinkler system, including water meters and underground water supply, may be installed prior to plan approval. 12. Further comments to follow upon a detailed submittal of plans. ENGINEERING 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. 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. ROSE AVENUE (PRIVATE STREET) 3. Remove the existing curb and gutter and construct a new 33 feet wide driveway approach for extension of the on-site private street to Rose Avenue, in accordance with City of Palm Springs Standard Drawing No. 210. PRIVATE STREET (LOT A) 4. Dedicate an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private street. 5. Acquire an access easement for private street purposes for the benefit of the lot ' owners within Tentative Tract Map No. 28668 over the southerly 36 feet of Lot 8 of Tract Map 2369 recorded in Map Book 43, Page 93, identified by Assessor's Resolution No. 21873 Page 9 Parcel Number 505-044-016 as necessary to extend the on-site private street to Rose Avenue. The easement shall be granted and recorded prior to approval of a final map. 6. Acquire an easement 36 feet wide for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the southerly 36 feet of Lot 8 of Tract Map 2369 recorded in Map Book 43, Page 93, identified by Assessor's Parcel Number 505-044-016 as necessary to extend the on-site private street to Rose Avenue. The easement shall be granted to the City and recorded prior to approval of a final map. 7. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any construction permits. 8. Construct a 6 inch wedge curb located 16.5 feet from centerline on both sides of street along the entire frontage, and extending across the property identified by Assessor's Parcel Number 505-044-016 to Rose Avenue_ 9. The on-site private cul-de-sac shall be modified with a minimum property line radius of 43.5 feet. Construct the on-site private cul-de-sac with a minimum curb radius of 43 feet, and in accordance with City of Palm Springs Standard Drawing No. 102. The Tentative Tract Map shall be revised to reflect the minimum curb radius and a new property line radius behind the curb. 10. The minimum pavement section for all on-site pavement shall be 2'/s 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 edge of proposed gutter along the entire frontage to the back of the driveway approach at the intersection of Rose Avenue 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. 11. Parking shall be restricted along one side of the on-site private street, 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 on-site private street 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. Resolution No. 21873 Page 10 ' SANITARY SEWER 12. Dedicate an easement 20 feet wide for sewer purposes, extending from the on- site private street cul-de-sac to the existing 20 feet wide public sewer easement across Lot 6 of Tract Map 2369 recorded in Map Book 43, Page 93, identified by Assessor's Parcel Number 505-044-014. 13. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 14. 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. 15. Construct an 8 inch VC-P. sewer main across the entire on-site private street frontage located 5 feet from centerline or as required by the City Engineer and connect to the existing public sewer system in Rose Avenue. 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. 16. The proposed public sewer system shall extend to Rose Avenue within an existing 20 feet wide public sewer easement across Lot 6 of Tract Map 2369 recorded in Map Bock 43, Page 93, identified by Assessor's Parcel Number 505- 044-014. The applicant shall coordinate construction of the sewer across the off- site property with the affected property owner, and shall be responsible for removal and replacement of existing improvements required to extend the sewer system to Rose Avenue. 17. Provisions for maintenance of the public sewer easement, acceptable to the City Engineer, shall be included in the Covenants, Conditions, and Restrictions (CC&R's) required for this development. Notice shall be clearly included in the CC&R's defining the restrictions of development within the public sewer easement. The CC&R's shall advise the property owners of the City's right to enter the site, clear and remove any and all improvements and/or obstructions within the easement, and give the City the right to charge all costs incurred in enforcing this provision to the Home Owners Association (HOA). The CC&R's shall also advise the property owners of the fact that the City is not required to replace in like kind, any landscaping or other improvements within the public ' sewer easement in the event repair or replacement of the existing sewer main is Resolution No. 21873 ' Page 11 required, and that the City shall be limited to leaving the property in a rough graded condition following any such repair or replacement. GRADING 18. Mass grading of this project is prohibited. Individual grading plans for each I-ot are subject to a subsequent architectural review process in accordance with Section 94.04.00 of the Palm Springs Zoning Ordinance. Initial grading for this project is expressly limited to grading required for the construction of the on-site private street and associated infrastructure only. 19. Submit a Grading Plan limited to construction of the on-site private street and associated infrastructure, 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 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. 20. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property if any. Resolution No. 21873 Page 12 , Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to approval of the Grading Plan. 21. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 22. Drainage swales shall be provided adjacent to all curbs to keep nuisance water from entering the public streets, roadways, or gutters. 23. 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. 24. 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. 25. A Geotechnical/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 Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 26. 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 Resolution No. 21873 Page 13 Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 27. 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 basin 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. 28. The applicant shall install a drywell, or series of drywells, within each retention ' basin proposed in the development as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywell(s) shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Restrictions (CC&R's) for this development that require the routine maintenance of the drywell(s) by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywell(s) if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywell(s) in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 29. As may be identified in the hydrology study to be prepared for this development, a private drainage easement shall be reserved across the southerly portion of Lot 2 or the northerly portion of Lot 3, as necessary to accept and convey stormwater runoff generated off-site and to the west of the property. The easement shall be reserved for the benefit of the applicant, and as necessary to accept and convey the runoff to the on-site private street and to the on-site retention basin proposed for the development. Resolution No. 21873 Page 14 30. The proposed retention basin shown on the Tentative Tract Map shall have a secondary overflow outlet into an off-site private drainage easement located within the northerly 10 feet of Lot 5 of Tract Map 2369 recorded in Map Book 43, Page 93, identified by Assessor's Parcel Number 505-044-013. The applicant shall demonstrate in a Hydrology Study prepared for this development, that the volume and rate of stormwater runoff conveyed downstream through the off-site private drainage easement does not exceed current (undeveloped) levels. The applicant shall acquire an off-site easement for drainage purposes over the northerly 10 feet of Lot 5 of Tract Map 2369. The private off-site drainage easement shall be granted and recorded prior to approval of a grading plan or a final map. 31. In the event the off-site drainage easement is not acquired, the on-site retention basin shall be increased in size as necessary to accommodate the total volume of the 100-year stormwater runoff for the developed condition, as required by the City Engineer. 32. The on-site storm drain system, retention basin, and drainage easements shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site storm drain system, retention basin, and drainage easements acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 33. 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. 34, 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. Resolution No. 21873 Page 15 GENERAL 35. 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. 36. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, ' the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 37. All proposed utility lines shall be installed underground. 38_ 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. 30. 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 Resolution No, 21873 Page 16 ' 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. 40. 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. 41. 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. MAP 42. The applicant shall be responsible for amending the existing Rose Avenue Covenants, Conditions and Restrictions (CC&R's) governing ownership, maintenance, and access over Rose Avenue. The existing Rose Avenue ' CC&R's will require amendment to incorporate the 6 additional properties created by this development, and to adequately convey rights of access, and maintenance responsibilities for Rose Avenue. Amended Rose Avenue CC&R's incorporating rights for properties within Tentative Tract Map 28668 shall be submitted for review and approval by the City Attorney, prior to approval of a Final Map. 43. 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. 44. Off-site dedications or easements shall be acquired and recorded prior to approval of a final map. 45. 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 a Final Map. Resolution No. 21873 Page 17 46. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S_ feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 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 47. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of the on-site private street and Rose Avenue in accordance with City of Palm Springs Standard Drawing Nos. 620-625. ' 48. Install a street name sign at the intersection of the on-site private street and Rose Avenue in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 49. 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. 50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit.