HomeMy WebLinkAbout21908 - RESOLUTIONS - 6/6/2007 RESOLUTION NO, 21908
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING A ONE-YEAR
TIME EXTENSION ENDING ON MARCH 16, 2008 FOR
TENTATIVE TRACT MAP 32378, ZONE R3, SECTION 23.
WHEREAS, Pacific Commercial Construction ("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
32378 to allow a subdivision of Assessor Parcel Number 508-353-037 & 508-353-038
for condominium purposes; and
WHEREAS, on April 11, 2007, the Planning Commission considered the request
in a public meeting and recommended approval of the extension request; and
WHEREAS, the project was previously approved as Categorically Exempt by the
Planning Commission on February 9, 2005 and the City Council on March 16, 2005.
Pursuant to Section 15162 of the California Environmental Quality Act (CEQA)
Guidelines, the preparation of 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 hereby approves a one year time extension for TTM 32378 ending on March
16, 2008, subject to those conditions set forth in the attached Exhibit A.
ADOPTED THIS 6TH DAY OF JUNE, 2007.
David H. Ready, Ci anager
ATTEST:
J mes Thompson, City Clerk
Resolution No. 21908
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. 21908 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 June 6, 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.
Yes Thompson, City Clerkf Palm Springs, California
Resolution No. 21908
Page 3
EXHIBIT A
CONDITIONS OF APPROVAL
CASE TTM 32378
TENTATIVE TRACT MAP
PACIFIC COMMERCIAL CONSTRUCTION, INC.
500 EAST PALM CANYON DRIVE
JUNE 6, 2007
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.
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 TTM32378 — Tentative Tract
Map and Case 5.1015 — Conditional Use Permit and Case 7.1153 — Administrative
Minor Modification. 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. 21908
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. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 1/2% for commercial projects or 1/4% 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.
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 fee shall be collected by the
Planning Services Department.
6. The Project will bring 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 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. 21908
Page 5
' CC&R's
7. The applicant prior to issuance of building permits shall submit 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 approval of a final map. 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,
8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2,000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall
also be paid to the City Planning Department for administrative review purposes.
Additional Permits
9. An Administrative Minor Modification for relief in parking shall be approved prior to
issuance of a building permit.
Cultural Resources
10.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-
1 I-The project area has the possibility of buried resources. A Native American Monitor
shall be present during all ground-disturbing activities.
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 Services and after the consultation
the Director shall have the authority to halt destructive construction and
shall notify a Qualified Archaeologist to investigate and, if necessary, the
Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural
Resource Coordinator for approval.
' b) Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
Resolution No. 21908
Page 6
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.
Final Design
12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, Department of
Public Works, and Department of Parks and Recreation, prior to issuance of a
building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioners Office prior to submittal. All landscaping located
within the public right of way or within community facilities districts must be
approved by the Public Works Director and the Director of Parks and Recreation.
13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & Zoning 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.
14. Architectural Advisory Committee shall review the final landscape plan and detail '
of the wall along East Palm Canyon Drive prior to the issuance of building
permits.
15. Final landscape plans that detail the softening of the wall along East Palm
Canyon Drive, that may include burms and rolling mounds, shall be reviewed and
approved by the Architectural Advisory Committee prior to issuance of building
permits.
16. The roof material shall be 2-piece tile.
17. Finish material shall be smooth, steel trawl stucco.
GENERAL CONDITIONS/CODE REQUIREMENTS
18. Commencement of the Tract Map under this Tentative Tract Map shall be within
two (2) years from the effective date of approval. Extensions of time may be
granted by the Planning Commission upon demonstration of good cause.
19. The Conditional Use Permit approval shall be valid for a period of two (2) years.
Once constructed, the conditional use permit, provide all conditions of approval
have been complied with, does not have a time limit. Extensions of time may be
granted by the Planning Commission upon demonstration of good cause. '
Resolution No. 21908
Page 7
20. The Architectural Approval shall be valid for a period of two (2) years. Once
' constructed, the conditional use permit, provide all conditions of approval have
been complied with, does not have a time limit. Extensions of time may be
granted by the Planning Commission upon demonstration of good cause.
21. Commencement of the construction shall be within two (2) years from the
effective date of approval. Extensions of time may be granted by the Planning
Commission upon demonstration of good cause.
22. If the use of the subject property is ever changed, the City reserves the right to
modify or revoke this Tentative Tract Map, Conditional Use Permit and/or
Architectural Approval application.
23. The appeal period for a Conditional Use Permit application is 15 calendar days
from the date of project approval. Permits will not be issued until the appeal
period has concluded.
24. The appeal period for an Architectural Approval Permit application is 15 calendar
days from the date of project approval. Permits will not be issued until the appeal
period has concluded.
25. In accordance with Planning Commission Resolution No. 1503, dated November
18, 1970, the developer is required to plant palm trees (14 feet from ground to
fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive.
26. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Zoning for review and
approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the
Municipal Code for specific requirements.
27. 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.
28. 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.
29. Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
30. All materials on the flat portions of the roof shall be earth tone in color.
' 31. All awnings shall be maintained and periodically cleaned.
Resolution No. 21908
Page 8
32. 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.
33. 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.
34. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 9302.00.D.
35. 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.
36. The street address numbering/lettering shall not exceed eight inches in height.
37. 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.
38. Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
39. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
40. No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
41. No outside storage of any kind shall be permitted except as approved as a part
of the proposed plan.
42. Vehicles associated with the operation of the proposed development including
company vehicles or employees vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved.
43. 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
Resolution No.21908
Page 9
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.
44. The applicant shall provide all tenants with Conditions of Approval of this project.
45. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking
spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway at the right
side of the parking space and shall be designated as "van accessible'
46. 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.
47. 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.
48. Parking lot light fixtures shall align with stall striping and shall be located two to
three feet from curb face.
49. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall
be provided every 10 parking spaces. Additional islands may be necessary to
comply with shading requirements.
50. Shading requirements for parking lot areas as set forth in Section 9306.00 of the
Zoning Ordinance shall be met. Details to be provided with final landscape plan.
51. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or
elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6"
barrier curb shall provide wheel stops.
52, Concrete walks with a minimum width of two (2) feet shall be installed adjacent
to end parking spaces or end spaces shall be increased to eleven (11) feet wide.
53. Tree wells shall be provided within the parking lot and shall have a planting area
of six feet in diameter/width.
POLICE DEPARTMENT
54. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
' Municipal Code.
Resolution No. 21908
Page 10
BUILDING DEPARTMENT
55. Prior to any construction on-site, all appropriate permits must be secured. '
FIRE DEPARTMENT
56. 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)
57. 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)
58. Fire Apparatus Access Gates: Construction site fire apparatus access gates
shall have a clear width of at least 15 feet and be equipped with a frangible chain
and padlock. (8.04.260 PSMC)
59. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is
required.
60. 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)
61. Residential Smoke Detector Installation: Provide Residential Smoke Detectors.
62. Fire Extinguishers: Portable Fire Extinguishers shall be installed in accordance
with 2001 CFC, Art. 10, and NFPA Std, 10.
63. Fire Flow and Hydrants: Fire Flow may be inadequate in this area, and a Fire
Hydrant upgrade may be needed, (903.4 CFC)
ENGINEERING DEPARTMENT
64. The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance
with City standards and ordinances.
65. Before final acceptance of the project, all conditions listed below shall be ,
completed to the satisfaction of the City Engineer.
Resolution No. 21908
Page 11
STREETS
66. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
67. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the City
Engineer prior to issuance of any building permits.
68. 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.
EAST PALM CANYON DRIVE
69. Remove the existing 8 inch curb and gutter located 32 feet north of centerline
and replace with an 8 inch curb and gutter located 38 feet north of centerline
along the entire frontage, with a 35 feet radius curb return at the northwest
corner of the intersection of East Palm Canyon Drive and Calle Palo Fierro in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
70. Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the
proposed curb along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 210.
71. Construct a Type B curb ramp meeting current California State Accessibility
standards at the northwest corner of the intersection of East Palm Canyon Drive
and Calle Palo Fierro in accordance with City of Palm Springs Standard Drawing
No. 213.
72. Remove and replace existing pavement with a minimum pavement section of 5
inches asphalt concrete pavement over 4 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or equal,
from edge of proposed gutter to clean sawcut edge of pavement along the entire
E. Palm Canyon Drive frontage in accordance with City of Palm Springs
' Standard Drawing No. 110 and 340. Additional pavement removal and
replacement may be required upon review of existing pavement cross-sections,
Resolution No, 21908
Page 12
and to ensure grade breaks of the pavement cross-section do not occur within a
travel lane. If an alternative pavement section is proposed, the proposed ,
pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
73. Applicant shall remove and relocate the existing palm trees located along the
East Palm Canyon Drive frontage. The applicant shall be responsible for
construction of tree wells, and relocation of affected irrigation and electrical
systems to the satisfaction of the City Engineer. The applicant shall be
responsible for removal and replacement of the relocated palm trees with one of
similar trunk diameter and height to the satisfaction of the City Engineer, if at any
time within 12 months of its relocation, the City Engineer determines that the
health of the relocated palm tree has failed.
74. The developer shall be responsible for the relocation of the existing marbelite
luminaire located along the East Palm Canyon Drive frontage in accordance with
Southern California Edison requirements. All utility lines shall be installed
underground.
CALLE PALO FIERRO
75. Remove the existing driveway and replace with 8 inch curb and gutter located 20
feet west of the centerline of Calle Palo Fierro and an 8 feet wide sidewalk
behind the curb to match existing sidewalk per City of Palm Springs Standard
Drawing No. 200 and 210, respectively.
76. Construct a 24 feet wide driveway approach in accordance with City of Palm
Springs Standard Drawing No. 201, The centerline of the driveway approach
shall be located a minimum of 100 feet north of the south property line_
77. All broken or off grade street improvements shall be repaired or replaced.
AVENIDA ORTEGA
78. Remove the existing 6 inch curb and gutter as necessary in order to construct a
24 feet wide driveway approach in accordance with City of Palm Springs
Standard Drawing No. 201. The proposed driveway approach location is in
violation of Section 93,06.00 C(15)c of the City of Palm Springs Zoning
Ordinance. It calls for a minimum separation between the driveway and side lot
line of 6 feet.
79. All broken or off grade street improvements shall be repaired or replaced.
Resolution No. 21908
Page 13
ON-SITE PRIVATE STREET
' 80. Dedicate an easement with right of ingress and egress for service and
emergency vehicles and personnel over the proposed private street.
81. The on-site private street shall be constructed with an inverted crown and 3 feet
wide concrete ribbon gutter along the street centerline, as necessary to accept
and convey street surface drainage of the on-site street to the on-site
underground retention and infiltration drywell, in accordance with applicable City
standards.
82. The minimum pavement section for the on-site private street and parking
spaces, shall be 2'Y2 inches asphalt concrete pavement over 4 inches crushed
miscellaneous base, from 0 inch face of curb to edge of concrete ribbon gutter
on both sides of the street, 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.
83. Parking shall be restricted along both sides of the 24 feet wide private street 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.
84. 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.
SANITARY SEWER
85. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes. The on site sewer system shall connect to
the public sewer main with a standard sewer lateral connection in accordance
with City of Palm Springs Standard Drawing No. 405.
86. If an on-site private sewer system is proposed to collect sewage from the
development and connect to the existing public sewer system, sewer plans shall
be submitted to the Engineering Division for review and approval. Private on-site
sewer mains for residential projects shall conform to City sewer design
standards, including construction of 8 inch V.C.P. sewer main and standard
Resolution No. 21908
Page 14
sewer manholes. Sewer manhole covers shall be identified as "Private Sewer". A
profile view of the on-site private sewer main is not necessary if sufficient invert '
information is provided in the plan view, including elevations with conflicting utility
lines. Plans for sewers other than the private on-site sewer mains, i.e. building
sewers and laterals from the buildings to the on-site private sewer mains, are
subject to separate review and approval by the Building Division.
87. Construct an 8 inch V.C.P. private 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 8 inch public sewer main located in Calle Palo Fierro.
88. 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
89. Submit a Precise Grading and Paving Plan prepared by a California registered
civil engineer to the Engineering Division for review and approval. The Precise
Grading and Paving 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 and/or Site Plan;
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Page 15
a copy of current Title Report; a copy of Soils Report; and a copy of the
associated Hydrology Study/Report.
90. All existing on-site curbs, concrete, and asphalt concrete paving shall be
removed.
91. 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 (760-883-1368),
or the Tribal Archaeologist, Patty Tuck (760-883-1368), 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.
92. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
93. 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.
K In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (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
95. 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
Resolution No. 21908
Page 16
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. No more than 40-50% of the street frontage parkway/setback areas
should be designed as retention basins. 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.
96. Drainage (including nuisance water) from the tributary area within the
development, shall be directed to the infiltration drywells installed as part of the
on-site retention system, to collect and percolate stormwater runoff. The drywells
shall be appropriately sized to accommodate the expected daily nuisance water,
as well as runoff from ordinary storm events (2-year storm events), unless
otherwise approved by the City Engineer. Provisions shall be included in the
Covenants, Conditions and Restrictions (CC&R's) for this development that
require the routine maintenance of the on-site retention and the infiltration
drywells by the Home Owners Association (HOA), including the right of the City
to inspect and require the HOA to remove and replace the drywells if it fails to
function, causing stagnant water to accumulate above ground within the on-site
private street. 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 drywells in
the event the HOA is non-responsive to the City's written notice, with costs to be '
recovered against the HOA by the City in accordance with state and local laws
and regulations.
97. Direct release of on-site nuisance water or stormwater runoff shall not be
permitted to E. Palm Canyon Drive, Calle Palo Fierro, or Avenida Ortega.
Provisions for the interception of nuisance water from entering adjacent public
streets from the project site shall be provided through the use of a minor storm
drain system that collects and conveys nuisance water to landscape or parkway
areas, and in only a stormwater runoff condition, pass runoff directly to the
streets through parkway or under sidewalk drains.
98. All on-site storm drain systems shall be privately maintained by a Homeowners
Association (HOA). Provisions for maintenance of the on-site storm drain
systems acceptable to the City Engineer shall be included in Covenants,
Conditions and Restrictions (CC&R's) required for this project.
99. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $7,271.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit.
100. 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
Resolution No. 21908
Page 17
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 (if any).
GENERAL
101. 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.
102. 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
(760-883-1368), or the Tribal Archaeologist, Patty Tuck (760-883-1368) 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
Resolution No. 21908
Page 18
responsibility of the applicant to coordinate and arrange payment of any required
fees for the utility companies. '
103. All proposed utility lines shall be installed underground.
104. 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.
105. 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.
106. 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.
107. 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.
108. 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
109, 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.
110. 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. 21908
Page 19
' 111. 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
112. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the Calle Palo Fierro and the Avenida Ortega exits in
accordance with City of Palm Springs Standard Drawing Nos_ 620-625.
' 113. Install a street name sign at the intersection of Calle Palo Fierro and the on-site
private street, as well as at the intersection of Avenida Ortega and the on-site
private street in accordance with City of Palm Springs Standard Drawing Nos.
620 through 625.
114. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
115. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
Minimum clearance on public sidewalks or pedestrian paths of travel shall be
provided by either an additional dedication of a sidewalk easement (if necessary)
and widening of the sidewalk, or by the relocation of any obstructions within the
public sidewalk along the E. Palm Canyon Drive, Calle Palo Fierro, and the
Avenida Ortega frontages of the subject property.
116. Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a
minimum, all construction signing, lighting and barricading shall be in accordance
with State of California, Department of Transportation, "Manual of Traffic
' Controls for Construction and Maintenance Work Zones" dated 1996, or
subsequent additions in force at the time of construction.
Resolution No. 21908
Page 20
117. This property is subject to the Transportation Uniform Mitigation Fee which shall '
be paid prior to issuance of building permit.
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