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HomeMy WebLinkAbout21998 - RESOLUTIONS - 7/18/2007 RESOLUTION NO. 21998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A TENTATIVE TRACT MAP 34938 FOR THE CREATION OF A 34-LOT SUBDIVISION ON APPROXIMATELY 20-ACRE LAND LOCATED ALONG THE SOUTH SIDE OF RAMON ROAD AND ABOUT 275 FEET WEST OF BELARDO ROAD, ZONE R-1-A, SECTION 22. WHEREAS, The applicant — Palm Ridge, LLC — filed an application for Tentative Tract Map 34938 and associated approvals (Case Nos. 5.1145) to subdivide approximately 20 acres of land into thirty-four (34) residential lots with additional lots for private streets and other support facilities, located in the vicinity of the south side of Ramon Road and approximately 275 feet west of Belardo Road, Section 22, APNs: 513-270-013, 513-270-014, 513-270-015 & 513-280-006; and WHEREAS, on June 13, 2007 following a public hearing in the prescribed manner, the Planning Commission recommended approval of TTM 34938; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider said Tentative Tract Map 34938 and associated approvals (Case ' Nos. 5.1145) was given in accordance with applicable law; and WHEREAS, on June 27, 2007, a public hearing on the applications for the project was held by the City Council in accordance with applicable law; and, WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and a Draft Mitigated Negative Declaration (MND) has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented, including, but not limited to, the staff report, and all written and oral testimony, in connection with the hearing on the project,. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council hereby finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council independently reviewed and ' considered the information contained in the MND prior to its review of this Project and the MND reflects the City Council's independent judgment and analysis. Resolution No. 21998 Page 2 SECTION 2. Findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and discussions of the project as it relates to these findings follows: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The General Plan designates the project site Residential — Low (Two Dwelling Units per Acre). The project density will yield approximately 1.7 dwelling units per acre. Therefore, the project will comply with the General Plan. There is no specific plan covering the site. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The project site is suitable for the development of single-family homes. The site slopes gently from the southwest to the northeast and can accommodate building pads, external and internal streets, drainage, and all utilities. Adequate access is proposed from Ramon Road- C. The site is physically suited for this type of development. The site slopes gently from the southwest to the northeast. Single-family residential development either exists or is planned for property to the north, west, and south. Property to the east is planned for multi-family residential development. Therefore, the entire area is planned for residential development and this project fits within that scheme. d. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. A Mitigated Negative Declaration has been prepared for this project and that document found that all potential environmental impacts can be reduced to a level less than significant. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Storm drainage, sanitary sewer, water, streets and all utilities are readily available to the site and all have capacity to accommodate the project. The subdivision has been designed so that each lot has necessary infrastructure to adequately serve the lots and all subsequent houses on the lots will be required to meet City of Palm Springs standards, therefore the project will not cause public health problems to the area or the City as a whole. Resolution No. 21998 Page 3 f. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There are no known public easements or accesses across the subject property, therefore the design of the subdivision will not conflict with easements acquired or required by the public at large, for access through or use of the property. SECTION 3. Based on the foregoing, the City Council hereby approves Tentative Tract Map 34938 subject to the conditions contained in Exhibit A, which is attached hereto and made a part of this resolution. ADOPTED THIS 18TH DAY OF JULY, 2007. C ��f David H. Ready, NoiKager ATTEST: J es 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. 21998 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 July 18, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tem Pougnet and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. ABSTAIN: None. mes Thompson, City Clerk ity of Palm Springs, California Resolution No. 21998 Page 4 EXHIBIT A ' CONDITIONS OF APPROVAL July 18, 2007 Case No. TTM 34938 APNs: 513-270-013, 513-270-014, 513-270-015, 513-280-006 South of Ramon Road approximately 275 West of Belardo Road 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 No. GPA 5.1145, ZC 5.1145, and TTM 34938. 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 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 should it do so, the City shall waive the indemnification herein, except, the City's ' decision to settle or abandon a matter. Resolution No. 21998 Page 5 3. Following an adverse judgment or failure to appeal, shall not cause a waiver ' of the indemnification rights herein. 4. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscaping, 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 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. 5. Pursuant to Fish and Game Code Section 771.4, a filling fee of $1,800 and $64,00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fees are paid and the Certificate of Fee Exemption if filed. The fee shall be in the form of a money order or cashier's check payable to Riverside County. 6. 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 'Y2% for commercial projects or 114% for residential projects with the 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. 7. Prior to the recordation of the final subdivision map, the developer shall submit to the Planning Department for review and approval the following documents which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title- b. Deed covenants, conditions, and restrictions to be recorded. c. Easements to be recorded. 8. The approved documents shall be recorded at the same time that the ' subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels, and open space restrictions. The approved Resolution No. 21998 Page 6 documents shall contain provisions which provide that they may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest. 9. 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 full improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment: 10. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the Mitigated Negative Declaration will be included in the pains prior to Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: Air Quality: MM 3-1 Due to the small margin of safety between diesel NOx emissions and the adopted significance threshold, all reasonably available diesel exhaust emissions are required to be minimized. • Any construction equipment using direct internal combustion engines shall be equipped with diesel particulate filters unless it is demonstrated that such equipment is not available or its use is not cost-competitive. • Idling trucks or heavy equipment shall turn off their engines if the expected duration of idling exceeds five (5) minutes. MM 3-2 The recommended dust control and construction activity mitigation plan shall include the following elements: • Earthwork will be balanced onsite to the extent practical to minimize truck trips for import or export of dirt. • Adequate watering techniques shall be employed to partially mitigate the impact of construction-related dust particulates. Resolution No. 21998 Page 7 Portions of the site that are undergoing surface earth moving operations shall be watered such that a crust will be formed on the ground surface, then watered again at the end of each day. Site watering will be performed as necessary to adequately mitigate blowing dust. • Any vegetative cover to be utilized onsite shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems required for these plants shall be installed as soon as possible to maintain good ground cover and to minimize wind erosion of the soil. • Any construction access roads (other than temporary access roads) shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed on unpaved roads shall be 15 mph. • Grading operations shall be suspended during first stage ozone episodes or when winds exceed 25 mph. • Construction operations affecting off-site roadways shall be scheduled by implementing traffic hours and shall minimize obstruction of through-traffic lanes. • Perimeter walls (if any) and landscaping shall be constructed in a manner that assists in protecting the site from blowsand. All walls and landscaping shall be maintained on a regular basis to remove accumulated blowsand. MM 3-3 Low-VOC architectural coatings (0.0074 pounds ROG or less per square foot of surface area coated) shall be used to minimize the impact of the project on VOC levels in the area. Biology: MM 4-1 Notify the United States Army Corps of Engineers regarding flow channels that have been isolated from "waters of the U.S." by diversion of Tahquitz Creek and their current isolation from outlet into storm drains. MM 4-2 Notify the California Department of Fish and Game regarding impacts to stream bed, bank and channels of these flow channels that have been isolated from "waters of the U.S." by diversion of ' their upstream connection and their current isolation from outlet into storm drains. Resolution No. 21998 Page 8 MM 4-3 Either assume presence of Casey's June Beetle and pay mitigation fees for habitat loss through the City of Palm Springs or conduct night black-light surveys for Casey's June Beetle during its flight season. MM 4-4 Limit disturbance related activities such as brushing and grading to before February Vt and after August 31st', a period outside the migratory bird breeding season. MM 4-5 Pay habitat loss compensation fees for 20.078 acres of SMWSS habitat with DDWW or dry wash habitat included in the SMWSS matrix or: 19.865 acres of SMWSS habitat and .393 acres of DDWW habitat through the City of Palm Springs and the Tribe. MM 4-6 Prior to any ground or habitat disturbance on a site which provides burrowing owl habitat, the applicant shall cause a pre-construction survey of the site to be conducted for presence of the species. a. Surveys and relocation, if applicable, shall be conducted between September 1 and January 31, in accordance with the CDFG Staff Report on Burrowing Owl Mitigation (1995) or other then-current protocols as directed by the City Director of Planning Services. b. Owls should be excluded from burrows in the development envelope and within an appropriate buffer zone by installing one-way doors in burrow entrances or other technique as deemed appropriate. The biological monitor must ensure through appropriate means (e.g. monitoring for awl use, excavating burrows) that the burrows to be impacted are not being used. The City shall determine whether creation of artificial burrows is necessary as part of the relocation effort. c. Occupied burrows shall not be disturbed during the nesting season unless a qualified biologist verifies through non-invasive methods that either: (a) the birds have not begun egg laying and incubation; or (b) that juveniles from the occupied burrows are foraging independently and capable of independent survival. Cultural Resources: MM 5-1 The recommendations for the milling feature (CA-RIV-3433) are to preserve it in place by incorporating it into the design plans. If this option is not feasible the milling feature should be relocated to an area determined acceptable by a Qualified Archaeologist and the Agua Caliente Band of Cahuilla Indians. 1 Resolution No. 21998 Page 9 Hydrology and Water Quality: MM 8-1 The project includes storm drain piping and three retention basins to address the 100 year, 1 hour storm flow. Land Use Planning: MM 9-1 Prior to the issuance of building permits, the applicant shall pay the Valley Floor Conservation Area fee to the Tribe as required by the THCP. MM 9-2 Prior to any ground or habitat disturbance on a site which provides burrowing owl habitat, the applicant shall cause a pre-construction survey of the site to be conducted for presence of the species. a. Surveys and relocation, if applicable, shall be conducted between September 1 and January 31, in accordance with the CDFG Staff Report on Burrowing Owl Mitigation (1995) or other then-current protocols as directed by the City Director of Planning Services. b. Owls should be excluded from burrows in the development envelope and within an appropriate buffer zone by installing one-way doors in burrow entrances or other technique as deemed appropriate. The biological monitor must ensure through appropriate means (e.g. monitoring for owl use, excavating burrows) that the burrows to be impacted are not being used. The City shall determine whether creation of artificial burrows is necessary as part of the relocation effort. c. Occupied burrows shall not be disturbed during the nesting season unless a qualified biologist verifies through non-invasive methods that either: (a) the birds have not begun egg laying and incubation; or (b) that juveniles from the occupied burrows are foraging independently and capable of independent survival. Noise: MM 11-1 All construction vehicles and equipment, fixed or mobile, operated within 1,000 feet of a dwelling shall be equipped with properly operating and maintained mufflers. This requirement shall be included on the contractor specifications and shall be verified by the Building Official. MM 11-2 Stockpiling and/or vehicle staging areas shall be located onsite ' and as far as practical from sensitive noise receptors (i.e, residential homes located north and west of the project). This Resolution No. 21998 Page 10 requirement shall be included on the contractor specifications and ' shall be verified by the Building Official. Public Services: MM 13-1 The project will bring an insignificant number of additional residents to the community. However, the City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic and other safety services are near capacity. Accordingly, the City may determine to form a Community Services District under 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 or protect, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 per unit annually with a consumer price index escalator. The district shall be formed prior to the sale of any lots or a covenant agreement shall be recorded against each parcel. CC&R's 11. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 12. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500, for the review of the CC&R's by the City Attorney. A filing fee of $631, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Public Safety CFD 13. 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 Resolution No. 21998 Page 11 ' 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. ENGINEERING: 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. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 14. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ' 15. 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 building permits. 16. 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. RAMON ROAD 17. Dedicate easements, as appropriate, for sidewalk purposes at the two on-site private street intersections (Lot B and Lot F) with Ramon Road. Resolution No. 21998 Page 12 18. Dedicate abutters rights of access to Ramon Road along the entire frontage ' adjacent to Lots 1 through 7; vehicular access to Ramon Road shall be prohibited. 19. Remove the existing asphalt concrete berm located approximately 18 feet south of centerline and construct 6 inch curb and gutter located no less that 18 feet and no more than 20 feet south of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 20. Construct two new street intersections with the on-site private streets (Lot B and Lot F), with 25 feet radius curb returns, spandrels, and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The easterly on-site private street intersection (Lot F) aligned with Cahuilla Road, shall be relocated no more than 50 feet westerly to ensure intersection improvements do not encroach onto the adjacent private property. 21. Construct a 5 feet wide meandering sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 22. Construct a Type A curb ramp meeting current California State Accessibility standards at the southeast and southwest corners of the on-site private street ' intersections (Lot B and Lot F) with Ramon Road in accordance with City of Palm Springs Standard Drawing No. 212. 23. Construct pavement with a minimum pavement section of 2'/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement in accordance with City of Palm Springs Standard Drawing No. 110. Additional pavement removal and replacement, or grind/overlay from the Ramon Road centerline may be required upon review of existing pavement cross-sections, 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. 24. Remove the existing neighborhood traffic calming "speed humps" and replace with new traffic calming "speed humps" in conjunction with the widening of Ramon Road. Final engineering and other details associated with the adjusted or replaced traffic calming improvements shall be subject to the review and approval by the City Engineer. 25. Construct off-site street improvements between Cahuilla Road and Belardo Road as necessary to release off-site stormwater runoff conveyed through the Resolution No. 21998 Page 13 property and released onto Ramon Road. Remove the existing asphalt ' concrete berm located approximately 18 feet south of centerline and construct 6 inch curb and gutter located 28 feet south of centerline along the entire frontage, including a 25 feet radius curb return and spandrel and the west half of a 6 feet wide cross-gutter at the southwest corner of Ramon Road and Belardo Road, in accordance with City of Palm Springs Standard Drawing No. 200. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 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 in accordance with City of Palm Springs Standard Drawing No. 110. Additional pavement removal and replacement, or grind/overlay from the Ramon Road centerline may be required upon review of existing pavement cross-sections, 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. 26. Costs associated with design and construction of the off-site street improvements from Cahuilla Road to Belardo Road may be reimbursed pursuant to a Reimbursement Agreement approved by the City Council, in ' accordance with City policies. Following completion and acceptance of the off-site street improvements by the City Engineer, if reimbursement is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Reimbursement Agreement. The Reimbursement Agreement is subject to the City Council's review and approval at a Public Hearing, and its approval is not guaranteed nor implied by this condition. CAMINO PAROCELA 27. Remove the existing street improvements (curb, gutter, sidewalk, and asphalt concrete paving) from Fern Canyon Drive to the east end of Camino Parocela, as required by the Engineer. 28. Reconstruct the intersection of Camino Parocela and Fern Canyon Drive, as required by the City Engineer. Resolution No. 21998 Page 14 ON-SITE PRIVATE STREETS 29. 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 on-site private streets. 30. Construct wedge curb and gutter, 18 feet from centerline along both sides of the on-site private streets, with 25 feet radius curb returns and spandrels at all street intersections (where required), in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 31. Construct a 6 feet wide cross-gutter across the intersection of Lot C with Lot F, with a flowline 18 feet east of and parallel with the centerline of Lot F; and construct a 6 feet wide cross-gutter across the intersection of Lot D and Lot E with Lot C, with a flowline 18 feet south of and parallel with the centerline of Lot C, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 32. Construct full cul-de-sacs in accordance with City of Palm Springs Standard Drawing No. 101, curb portion only. A minimum curb radius of 43 feet shall be constructed throughout the cul-de-sac bulb. ' 33. Construct off-set cul-de-sacs in accordance with Riverside County Standard Drawing No. 800(A), or as approved by the City Engineer. A minimum curb radius of 43 feet shall be constructed throughout the cul-de-sac bulb. 34. Construct driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 35. Construct a 5 feet wide sidewalk behind the curb along the frontage of all on- site private streets in accordance with City of Palm Springs Standard Drawing No. 210. 36. Construct a Type A curb ramp meeting current California State Accessibility standards at all on-site private street intersections in accordance with City of Palm Springs Standard Drawing No. 212. 37. Construct a minimum pavement section of 21/2 inches asphalt over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within all on-site private streets 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. Resolution No, 21998 Page 15 38. Gated entry designs of the two on-site private streets (Lot B and Lot F) and ' Ramon Road shall be reviewed and approved by the City Engineer and Fire Marshall. Submit a detailed entry design showing storage lanes and maneuvering areas. Include standard vehicle and truck turning radius track lines on the detail. SANITARY SEWER 39. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes_ 40. 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. 41. Construct an 8 inch V_C.P. sewer main across the on-site private street frontages located 5 feet from centerline or as required by the City Engineer, and connect to the existing public sewer system in Ramon Road. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded prior to acceptance of the sewer system for maintenance by the City. A computer disc of the video recording shall be provided to the City Engineer for review. Any defects of the sewer ' main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 42. Pay a sewer assessment fee in accordance with the terms of the Sewer Reimbursement Agreement between the City of Palm Springs and Great Western Savings & Loan Association, Sewer Agreement No. 1465. The fee shall be paid prior to issuance of a building permit. GRADING 43. Submit a Grading 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 Resolution No. 21998 Page 16 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 Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. a) 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. 44. Prior to issuance of grading permit, the applicant shall provide verification to the City Engineer that the $2,731.00 per acre fee has been paid in accordance with the Tribal Habitat Conservation Plan (THCP). 45. 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. 46. 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. 47. 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. 48. A Geotechnical/Sails 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 Resolution No. 21998 Page 17 Report shall be submitted to the Engineering Division with the first submittal ' of a grading plan. 49. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 50. 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, as described in the Preliminary Hydrology and Hydraulic Report for Tentative ' Tract Map 34938 (Palm Ridge), prepared by Stantec Consulting, Inc. as revised in April, 2007. Final retention basin sizing, storm drain pipe sizing, drywell sizing, and other specifications for construction of required on-site storm drainage improvements shall be finalized in the final hydrology study and approved by the City Engineer. 51. Direct release of on-site nuisance water shall not be permitted to Ramon Road. Provisions for the interception of nuisance water from entering Ramon Road from Lot B or Lot F shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to the on-site retention basins or landscaped areas within Lot J, Lot K, and Lot I, and in only a stormwater runoff condition, pass runoff directly to Ramon Road through parkway or under sidewalk drains. 52. The applicant shall install a drywell, or series of drywells, within each retention or detention 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 Resolution No. 21998 Page 18 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. 53. Submit storm drain improvement plans for all on-site storm drainage facilities for review and approval by the City Engineer. 54. Off-site stormwater runoff shall be accepted and conveyed along the southerly property line, in an open natural channel. An on-site private storm drain system shall intercept and convey off-site stormwater runoff within the open natural channel, and through the site within the on-site private street (Lot F), into the on-site retention basin (Lot 1), as described in the Preliminary Hydrology and Hydraulic Report for Tentative Tract Map 34938 (Palm Ridge), prepared by Stantec Consulting, Inc. as revised in April, 2007. 55. Reserve an easement, 25 feet wide, across the southerly property line for drainage purposes. 56. Reserve an easement over Lots 1, J, and K for drainage purposes. 57. The on-site private storm drain system shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain system acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 58. 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. 21998 Page 19 59. 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 60. 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. ' 61. 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 responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 62. All proposed utility lines shall be installed underground. 63. 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. 21998 Page 20 64. 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. 65. 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. 66. 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. 67. 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 in accordance with City of Palm Springs Standard Drawing No. 904. ' MAP 68. 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. 69. 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. 70. 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 Resolution No. 21998 Page 21 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 (e0o), 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 71. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the two on-site private street intersections (Lot B and Lot F) at Ramon Road, in accordance with City of Palm Springs Standard Drawing No. 620 through 625. 72. Install a street name sign, 30 inch stop sign, stop bar, and "STOP" legend at all on-site private street intersections (as necessary) in accordance with City of Palm Springs Standard Drawing No. 620 through 625. 73. 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 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 Ramon Road frontage of the subject property. 74. 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. 75. 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. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT: 76. 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 Resolution No. 21998 Page 22 other issues. The Palm Springs Fire Department requirements for two-way ' private streets, is a minimum width of 24 feet, unless otherwise allowed by the City Engineer. No parking shall be allowed on either side of the roaday. 77. A secondary access shall be provided for all developments with 25 or more dwelling units. 78. The area with reduced roadway width at the entry and exit gates that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width for emergency access. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. 79. Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. 80. Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. This will include clearance from vegetation and trees. 81. 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. The mnimum inside turning radius is 30 feet, with an outside radius of 45 feet. 82. The gradient of fire apparatus access roads shall not exceed 12%. 83. 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. 84. 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. Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, the contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. 85. Following Fire Department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. All fire hydrants shall be installed in accordance with Desert Water Agency specifications and standards. No landscape planting, walls, fences, signposts, or aboveground utility facilities are permitted within three feet of fire hydrants or in line with hose connections. Resolution No. 21998 Page 23 DESERT WATER AGENCY: 86. Developer is urged to contact the Desert Water Agency for detailed requirements for said project at the earliest possible date. 87. Additional water facilities (at the developer's expense) may be required to provide fire protection and domestic water service. 88. It is understood that the local agency (city or county) will consider the domestic water and/or sanitary sewer system improvement costs when determining Faithful Performance and Material and Labor Security amounts for the subdivision or parcel map division improvements. These amounts shall not be released until the obligation is performed to the satisfaction of the Desert Water Agency. The developer shall notify the Desert Water Agency in writing to request approval to release said amounts. 89. A utility access control box shall be required because the project has private streets and a controlled access. 90. The developer should incorporate low water use landscaping, including an irrigation system designed to provide water separately for each plant group by ' water demand. 91. Application of irrigation technology such as tensiometers, drip or micro spray system, and quality time clocks is highly recommended. 92. The California Health and Safety Code requires that all new buildings, constructed in California, use water closets and associated flushometer valves which use not more than 1.6 gallons per flush and urinals and associated flushometer valves which use no more than 1.0 gallons per flush. END OF CONDITIONS 1