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HomeMy WebLinkAbout1/2/2003 - STAFF REPORTS (9) DATE: January 2, 2003 TO: City Council FROM: Director of Planning & Zoning CASE NO. 5.0845 - PD-262 TTM 29632 - APPLICATION BY JOHN SANBORN FOR ACANTO PARTNERS FOR A ONE-YEAR TIME EXTENSION FROM OCTOBER 4, 2002 TO OCTOBER 4, 2003 FOR AN APPROVED PRELIMINARY PLANNED DEVELOPMENT DISTRICT AND TENTATIVETRACT MAP FOR 48 SINGLE FAMILY RESIDENTIAL LOTS ON 25.01 ACRES 1320 FEET EAST OF SOUTH PALM CANYON DRIVEATACANTO DRIVE,ZONE R-1-B,SECTION 35. RECOMMENDATION That the City Council approve a one-year time extension from October4, 2002 to October 4,2003 loran approved Preliminary Planned Development District(PD-262)and Tentative Tract Map 29632 (TTM 29632), subject to the conditions outlined in the attached Resolution. The subject property is located 1320 feet east of South Palm Canyon Drive on Acanto Drive, Zone R-1-13, Section 35. SUMMARY The Planning Commission at its December 11, 2002 meeting voted 6-0-1 to approve a one-year time extension from October4,2002 to October4,2003 for PD-262 and TTM 29632, subject to the conditions in the attached Resolution. BACKGROUND: This item was continued from the Planning Commission's November27,2002 meeting dueto a lack of quorum. This item was previously continued from the Planning Commission's October23,2002 meeting in orderfor City staff to review the developer's concerns regarding adding new conditions of approval. Staff was able to resolve the applicant's concern regarding the schedule for payment of mitigation fees. Planning condition#28 and Engineering condition#33 require that a monitoring program is in place prior to final map approval to ensure payment of fees. Staff agrees that fees should be paid at the time of building permit issuance via the Subdivision Improvement Agreement (see attached letter dated December 10, 2002). The Planning Commission, at its August 23, 2000 meeting, recommended that the City Council approve Case 5.0845- PD-262 TTM 29632. The City Council subsequently approved the project at its October 4, 2000 meeting. Preliminary Planned Development District 262 and Tentative Tract Map 29632 consists of48 single family residential lots and associated on and off-site improvements on 25.01 acres. The applicant, John Sanborn forAcanto Partners, has filed the firsttime extension request for PD- 262 and TTM 29632,located on a 25.01 acre site on Acanto Drive. The extension was filed with the City pursuant to the requirements of the Zoning Ordinance. At this time, the extension is required in order for staff to prepare the subdivision agreement or alternative agreement and determine the fees as required in Condition#28.The applicant has been diligently working with staff towards final PD and map approval. The developer started construction of site improvements and grading. 6 There are 3 conditions that have been amended or added from the original conditions of approval. Planning condition#28 has been amended and Engineering conditions#33, regarding fairshare contribution towards a bridge structure, and #45, regarding a focused traffic study, have been added. A description of how the fairshare fees in Planning condition#28 were estimated is attached to this staff report. City Fire, Community Development, and Engineering staff are updating the estimated mitigation fees in accordance with condition of approval No. 28. The mitigation fees will include construction, design, engineering and City administrative fees. A new bridge structure is recommended at the South Palm Canyon Drive crossing of the Arenas South drainage channel to provide an all-weather crossing fortraffic proceeding to BogertTrail and further down South Palm Canyon Drive. As the project would benefit from the bridge structure, it is recommended that the developer pay a fair share contribution toward the construction of the bridge structure. A focused traffic study is being recommended in order to refine the cost of mitigation for street improvements. The study is being required due to adjustments to site planning within the Specific Plan area and the developer has been given the possibility of including the updated traffic analysis as required in the conditions for TTM 30046 and TTM 30050. As an alternative,the developer may agree to pay the traffic mitigation fee based upon the original Traffic Study. Staff,in consultation with the City Attorney, have determined that State law provides for modification and/oraddition of new conditions of approval where necessary to protect public health, safety,and welfare and where the applicant agrees to the change. The new conditions do not affect subdivision design or create any new environmental impacts. ENVIRONMENTAL ANALYSIS AND NOTIFICATION Requests for time extension are categorically exempt from an environmental assessment per Section 15301 of the California Environmental Quality Act (CEQA) and local guidelines for implementation of CEQA. i Director off/ fanning and Zoning City Manager ,,,--I � ATTACHMENTS: 1. Vicinity Map 2. Request for time extension by John Sanborn for Acanto Partners 3. Memo regarding fair share fees 4. Letters from applicant dated December 10, 2002 and December 16, 2002 5. Resolution 6. Conditions of Approval (PAX VICINITY MAP > LA VERNE W N. T.S. n� D o z W > J � 0 W � W J O O AVE. GRq� ~ z Q MU PROJECT LOCATION Q TRAIL BOGERT ACANTO WAY 'lag Cl TY OF PALM SPRING GS CASE N0, TTM29632 DESCRIPTION 5,0845 PD-262 APPLICATION FOR APPLICANT JOHN SANBORN FOR A SUBDIVISION OF A 25.01 ACRE A! A A,Tl M A ,,,.-. PARCEL INTO 48 SINGLE FAMILY RECEIVED SANBORN SEP 1 f 2002 CIVIL.ENGINEERING ARCHITECTURE PLANNING DIVISIM LAND SURVEYING September 16, 2002 W.0.02-165 Mr,Doug Evens Planning Director City of Palm Springs 3200 E,Tahqullz Canyon Dr, Palm Springs,CA 92262 Re: Tentative Tr, 29632 Acanto Partners LLP Cam N, Dear Doug: Pursuant to our meeting we are requesting a,tima extension for the Tentative Map and the Planned Development District. The tract map and Improvement plans are in final check with the City Engineer,The developer has the subdivision agreement for signature and Is In the process of obtaining the subdivision bonding,The reason for the extension Is that the development agreement has not been prepared, as the City has not determined the`fees'. Attached hereto Is a check in the amount of$1160,00 for the time extension fee. Based on our meeting we anticipate starting construction of the site improvements and grading prior to the final approval of the subdivision map by the city council. We would like to hank you a,^,d your staff for your halp v,1t,the pro;ecL Bestre ds San r " , In Joh L. anbor Cc: Acanto Partners(Fax 949-640.9260) 1227 S. Gene Autry Trail* Suite C*Palm Springs, California 92264 * (760)325-9426*Fax(760)325.5130 Sanbornae2000@AOL.Com � I October 2, 2000 TO: Doug Evans, Director of Planning and Building FROM: David Dawson, Associate Planner SUBJECT: TT ;29�QND CASE NO 5.0845 - 262 CONDITION OF APPROVAL NO. 28, FE DEFT., AFFORDA OUSING, AND OFF SITE TRAFFIC MITIGATION FEES; TOTAL COST/COST PER LOT Condition of approval No. 28 requires the developer to mitigate by paying a fee: a) provide funding for a fire station; and b) affordable housing impacts; and c) off site traffic impacts. a) FIRE STATION: The City Master Plan of Fire Protection and SP-1 requires that developments within SP-1 pay a fair share fee for the construction of a fire station.The Fire Department estimates the cost of a fire station to be approximately 2.0 million dollars. The developers fair share based upon 1,207 total dwelling units in SP-1 is approximately $ 1.657 per lot. b) AFFORDABLE HOUSING: SP-1 and State Redevelopment Law require 15% of all new housing within a redevelopment project area to be affordable. In the subject forty-eight(48) lot subdivision seven (7) residential lots are affected. An"in-lieu"fee formula is referenced in the attached memo dated September 19, 2000 from John Raymond, Redevelopment Director, A fair share amount of $3,120 per lot is the result of this formula. The City Attorney and the Redevelopment Director are still discussing the appropriate formula and implementation authority. The Redevelopment Plan associated with SP-1 specifically discusses affordable housing as an objective. c) OFF SITE TRAFFIC IMPACTS: The MND for SP-1 identified off-site traffic improvements which need to be mitigated. The City Engineer has calculated the cost of the developers fair-share contribution to be total of $8,888.38, or $185,17 per lot. The total of the above fees per lot (48 lots) is $4,962,17 BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS RIVERSIDE LAWYERS SAN DIEGO (909) 686-1450 74-760 HIGHWAY I 1 I , SUITE 200 (619) DIEGO25-1 00 ON INDIAN WELLS, CALIFORNIA 92210 — (909) 989-O 89-B5B4 POST OFFICE BOX 13650 ORANGE COUNTY PALM DESERT, CALIFORNIA 92255 (714) 939-5940 (760) 568-261 1 (760) 340-6698 FAX SACRAMENTO BBKLAW.COM (916) 974-3400 ROBERT W. HARGREAVES RWHAROREAVESCd6BKLAW COM FILE NO. 78916,00000 December 10, 2002 RECEIVED Via facsimile & U.S. Mail DEC 1 3 2002 Doug Evans, Director of Planning PLANNING DIVISION CITY OF PALM SPRINGS 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Re: Case No. 5.0845-PD-262, TTM29632:Acanto Partners Dear Mr. Evans: This is to confirm my understanding based on our exchange of telephone messages that the Conditions of Approval for the above-referenced project are considered consistent with the agreement reached in our meeting of November 20`s and the December 11, 2002 Planning Commission Staff Report. In particular, it is our understanding that the mitigation fees required by Conditions 28, 33 and 45 shall be paid at the time of building permit issuance and secured by a Subdivision Improvement Agreement. We are concerned that that understanding may appear inconsistent with Condition 28(a;: "...applicant shall pay fees pursuant to the formula or post such security as the city attorney shall determine is appropriate."; Condition 33: "...applicant shall enter into an agreement to pay said fees prior to approval ofthe Final Map.";and Condition 45: "Payment of required fair share contributions shall be made prior to approval of a final map." We would appreciate that the Conditions of Approval be revised to clarify the understanding stated above, that the fees are payable at building permit issuance and secured by a Subdivision Improvement Agreement, as stated in the Staff Report. 4A PATUBaWH\209044 LAW OFFICES OF BEST BEST & KRIEGER LLP Dave Evans, Director of Planning CITY OF PALM SPRINGS December 10, 2002 Page 2 I appreciate your consideration of this matter. ly yours, ert . Hargr ves of BEST BEST KR GER LLP RWH:dm cc: Craig Etchegoyen Sharon Etchegoyen 444007 RMPUBaNVH\209044 BEST BEST & KRIEGER LLP A CALIFORNIA LIMITED LIA51LITY PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS RIVERSIDE LAWYERS SAN DIEGO (909) 686-1450 74-750 HIGHWAY I I I. SUITE 200 (619) 525-1300 INDIAN WELLS, CALIFORNIA 92210 - ONTARIO ORANGE COUNTY POST OFFICE BOX 13650 (909) 989-8584 PALM DESERT, CALIFORNIA 92255 (714) 939-5940 (750) 568-261 I (760) 340-6698 FAX SACRAMENTO BBKLAW-COM (916) 974-3400 ROBERT W. HARGREAVES RWHAAOREAVES((1 BBKLAW.COM FILE NO. 789 16.00000 December 16, 2002 Via Facsimile & U.S. Mail RECEIVED Doug Evans, Director of Planning CITY OF PALM SPRINGS DEC 2 0 2002 3200 E. Tahquitz Canyon Way Palm springs, CA92262 PLANNING DIVISION Re. Case No. S.0845-PD-262, TTM29632:Acanto Partners Dear Mr. Evans: I appreciate the modification of Conditions 33 and 45 of the Conditions of Approval of the above-referenced project to confirm payment of the mitigation fees will not be required until the issuance of building permits. This is to confirm our understanding that the mitigation fees required by Condition 28 also shall not be required to be paid until issuance of building permits. If necessary, that obligation will be secured by an agreement in the nature of a subdivision improvement agreement. That interpretation is consistent with our understanding of the agreement reached in our meeting of December 20, 2002, the December 11, 2002 Planning Commission Staff Report, and Government Code Section 66007. If this understanding is not consistent with the City's interpretation of Condition 28, please inform me at your earliest convenience. I appreciate your cooperation in this matter. Very yours, --Ro argrea es of BEST BEST ER UP R":dm cc: Craig Etchegoyen Sharon Etchegoyen RMPUBu2W1-M09291 RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FROM OCTOBER 4, 2002 TO OCTOBER 4, 2003 FOR AN APPROVED PRELIMINARY PLANNED DEVELOPMENT DISTRICT AND TENTATIVE TRACT MAP FOR 48 SINGLE FAMILY RESIDENTIAL LOTS ON 25.01 ACRES LOCATED 1320 FEET EAST OF SOUTH PALM CANYON DRIVE AT ACANTO DRIVE, ZONE R-1-B, SECTION 35. WHEREAS, John Sanborn (agent for Acanto Partners) (the "Applicant") has filed an application with the City pursuant to section 94.02.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60 for a Preliminary Planned Development District and a Tentative Tract Map for 48 single family residential lots and associated on and off-site improvements on 25.01 acres located at1320 feet east of South Palm Canyon Drive at Acanto Drive, Zone R-1-B, Section 34; and WHEREAS, the Applicant has filed Preliminary Planned Development District No. 262 (PPD- 262) and Tentative Tract Map 29632 (TTM 29632)with the City and has paid the required filing fees; and WHEREAS, said Preliminary Planned Development District and Tentative Tract Map were submitted to appropriate agencies as required by the subdivision requirements of the Palm Springs Municipal Code, with the request for their review, comments, and requirements; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider the Applicant's application for PPD-262 and TTM 29632 were given in accordance with applicable law; and WHEREAS, on August 23, 2000, a public hearing on the application for PPD-262 and TTM 20632 were held by the Planning Commission in accordance with applicable law; and WHEREAS, at the conclusion of the public hearing on August 23, 2000, the Planning Commission recommended that the City Council approve PPD-262 and TTM 29632, subject to the findings and conditions; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider PPD-262 and TTM 29632 was held by City Council in accordance with applicable law; and WHEREAS, in conjunction with the approval of PD-262 and TTM 29632 on October 4, 2000, the City Council also approved an ordinance to change the zoning on the site from R-1-13 to PD- 262; and WHEREAS, John Sanborn (agent for Acanto Partners) (the "Applicant") requests approval of a one-year time extension for Planned Development District 262 (PD-262) and Tentative Tract Map 29632 (TTM 29632) for property located 1320 feet east of South Palm Canyon Drive at Acanto Drive, Zone R-1-13, Section 35; and WHEREAS, the Applicant has requested additional time to October 4, 2003 to allow staff to prepare the development agreement in order to comply with Condition #28; and WHEREAS, on October 23, 2002, a public meeting on the request for a time extension from October 4, 2002 to October 4, 2003 for PD-262 and TTM 29632 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on January 15, 2003, a public meeting on the request for a time extension from October 4, 2002 to October 4, 2003 for PD-262 and TTM 29632 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the project, including but not limited to the staff report, all written and oral testimony presented. NOW THEREFORE BE IT RESOLVED thatthe City Council of the Cityof Palm Springs, California, after considering the evidence provided at the meeting, does hereby approve the one-year time extension for PD-262 and TTM 29632 from October 4, 2002 to October 4, 2003, subject to the conditions of approval as shown in Exhibit A. ADOPTED this _day of , 2003. AYES: NOES: ABSTAIN: ABSENT: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: / �✓ EXHIBIT A TTM29632 5.0845 - PD-262 Acanto Drive Approximately 1320 Feet East of South Palm Canyon Drive January 15, 2003 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning and Building, 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. 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. 1 a. 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 TTM 29632 and Case No. 5.0845/ PD 262. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 2. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Species Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 3. Architectural approval shall be valid for a period of two (2)years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 4. The appeal period for Case No. 5.0845-PD-262 and TTM 29632 application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 5. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations,floor ittas plans, roof plans,grading plans, landscape plans, irrigation plans,exterior lighting plans,sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two(2)years of the City Council approval of the preliminary planned development district. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. 7. 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. 8. 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. 9. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 10. 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 Engineering specifications. 11. 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 and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. 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 and conditions of approval stated herein. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000 for the review of the CC&R's by the City Attorney. 12. 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. 13. All materials on the flat portions of the roof shall be earth tone in color. 14. 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 buildings. 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. 15. The applicant shall submit an interior street study to staff with a twenty-four (24) foot wide street pattern throughout the development and if approved by the City Engineer, Fire Marshall, and Planning Director, the street widths shall be modified as part of the final map. 16. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 17. The design, height, texture and color of buildings, fences and walls shall be submitted for review and approval prior to issuance of building permits. a. A restudy of the guardhouse shall be submitted. The architecture shall be related to the architectural style of the development. 18. The street address numbering/lettering shall not exceed eight inches in height. 19. That low profile and glare protected entry driveway lights shall be installed on each side of the driveway located on Acanto Drive. 20. 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 feeing 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 Building 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. 21. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 22. Trash cans shall be screened from view and kept within fifty(50)feet of the street. 23. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code, therefore a fee of $1250.00 plus an administrative fee of$50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 24. Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 25. Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. ( 5 6006` P 6 26. Vehicles associated with the construction 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. 27. The applicant shall dedicate a 20' easement and construct a 15' wide equestrian trail between the property line and Lots 1,2,3 and 4. Design and details shall be submitted with the final Planned Development plans. The equestrian trail shall be separated from the sidewalk and Lots 1,2,3 and 4. A minimum 15'decomposed granite trail, landscape, fencing and signing shall be provided. 28. Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved by the Director of Planning and Zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan for specific details. All Mitigation measures,where applicable, shall be adopted as conditions of approval. The following measures are highlighted for convenience: a. Prior to final project acceptance including approval of the final map, the City shall establish a formula for the applicant's payment of their"fair share"of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or its consultants to determine the applicants proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair-share formula. i. Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. ii. Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element. See Section 5-10(5-184)Jobs and Housing for specific mitigation measures. iii. Funding of construction of off-site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental Impact Report. iv. See Engineering Condition #33. b. Appropriate removal and recompaction of surface soils in areas to support structures will mitigate potential settlements. Building sites planned within the alluvial areas shall be evaluated by the soil engineer for settlement potential during detailed geotechnical studies for design of structures, with respect to the specifics of proposed structure locations, soil conditions, foundation loads, etc. A final soils (0 &0 report shall be submitted with the detailed development plans(grading and structural) for the project. C. All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and was areas shall be prohibited. This condition shall be included in the CC&R's. d. The applicant and the building contractor shall halt grading or any other construction activity in the immediate vicinity immediately if archaeological resources are uncovered during grading. The applicant and/or contractor shall notify the City and Tribal Council in writing and shall summo a qualified archaeologist to determine the significance of uncovered archaeological resources and appropriate mitigation measures. e. Due to the historical sensitivity of the area, a tribal representative and /or a qualified archaeologist monitor shall be present during all rough grading operations. A written report shall be provided to the City outlining the nature of any resources found on0- site, disposition, etc. At the end of construction , a written report shall be provided summarizing resources found (if any) and if any additional work is needed. POLICE DEPARTMENT: 1. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 1. Construction Requirements - Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1996 National Electrical Code, City of Palm Springs Fire Protection Master Plan Vol. Il, City if Palm Springs Ordinance 1570, Desert Water Agency requirements, NFPA 13A, 13D (Modified), plus UL/CSFM listings and approvals. 2. Emergency Access Roads - Fire Department Access Roads shall be provided and maintained in accordance with the 1998 California Fire Code, Article 9, Section 902. 3. Access Road Dimensions-Fire apparatus access roads shall have an unobstructed width of not less than 20;' and an unobstructed vertical clearance of not less than 14'6". 4. Road Construction - Fire department access roads shall be all weather driving and support a minimum weight of 67,500 lbs. 5. Turning Radius -Turning radius shall be not less than 43' from centerline. 6. Cul-De-Sac-Cul-de-Sac streets shall be designed with a minimum turning radius of 43 feet on center. 7. Construction Site Guard -A construction site guard is required for combustible construction. The guard shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. 8. Construction Site Fencing - Construction site fencing required per City of Palm Springs Ordinance 1570. Fire department access gates shall be at least 14' in width and equipped with a frangible chain and padlock. 9. Premises Identification - Premises identification shall be in accordance with 1998 California Fire Code, Article 9, Sec. 901.4.4 and 1998 California Building Code, Chapter 5. Contact building official. 10. Access For Firefighting Equipment-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. 11. Water Company Requirements - Water supplies and fire hydrants shall be in accordance with 1998 California fire Code, Article 9, Sec. 903, and Desert Water Agency specifications. 12. Mandatory Fire Sprinklers - Project is beyond 5 minute response time from closest fire station and therefore requires an Automatic fire extinguishing system with 24 hour monitoring per the City of Palm Springs Fire Protection Master Plan Vol. II< City of Palm Springs Ordinance 1570, and NFPA 13D ( Modified). 13. Smoke Detectors - Provide Residential Smoke Detectors to protect all sleeping areas in accordance with the 1998 California Building Code, Chapter 3, Section 310.9. Installation and acceptance testing by building official. 14. Further Comments - Further comments as conditions warrant. ENGINEERING: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a Registered Civil Engineerto the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses,covenants, reimbursement agreements,etc. required bythese conditions. ACANTO DRIVE *Condition #7 is to be deferred by covenant 3. Half-street right-of-way is required to an ultimate width of 40 feet from the west property line of the tract to the west property line of Lot 1 of said tract and shall be offered via an irrevocable offer of dedication to the City of Palm Springs. Acceptance of the right-of-way shall be at such time as the ultimate roadway improvements are contemplated as determined by the City Engineer. 4. Half-street right-of-way is required to an ultimate width of 34 feet from the east property line of the tract to a point 42 feet west of the west property line of Lot 2 and shall be offered via an irrevocable offer of dedication to the City of Palm Springs.Acceptance of the right-of-way shall be at such time as the ultimate roadway improvements are contemplated as determined by the City Engineer. 5. Half-street right-of-way is required to a variable width from 34 feet wide at a point 42 feet west of the west property to 40 feet wide at the southwest corner of Lot 1 and shall be offered via an irrevocable offer of dedication to the City of Palm Springs. Acceptance of the right-of-way shall be at such time as the ultimate roadway improvements are contemplated as determined by the City Engineer. 6. Construct a 6 inch curb and gutter, 4 feet NORTH of centerline from the east tract property line to 600 feet westerly per City of Palm Springs Standard Drawing No. 200. 6A. Construct a 6 inch curb and gutter transition from 600 feet west of the east property line to the east side of the main entry and continue with 6 inch curb and gutter, 32 feet north of centerline from the west side of the main entry to the west property line with a 35 foot radius curb return at the west side of the intersection of Acanto Road and the Main Entry per City of Palm Springs Standard Drawing No. 200. *7. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 8. Construct both halves of an 8 foot cross gutter and spandrel at the intersection of Lot"H"and ACANTO DRIVE with a flow line parallel to the centerline of ACANTO DRIVE in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 9. Construct a curb ramp meeting current California State Accessibility standards at the NORTHEAST AND NORTHWEST corners of ACANTO DRIVE AND THE MAIN ENTRANCE per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 10. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to centerline along the entire frontage in accordance (40169 with City of Palm Springs Standard Drawing No. 110. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. Construct an approximately 100 foot long pavement taper from the end of the curb at the west property line westerly to the existing edge of pavement (approximately 30 feet from south line of Section 35). ON-SITE STREETS (PRIVATE) 11. All on-site cul-de-sacs shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103, curb portion only. 12A. All on-site knuckles shall be constructed in accordance with City of Palm Springs Standard Drawing No. 104. 12. Construct a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to edge of proposed gutter along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 13A. Construct a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to edge of proposed barrier curb at the median island along that portion of the street frontage in accordance with City of Palm Springs Standard Drawing No. 110. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 13. Construct a six(6)inch wedge curb in all areas except where hydrology requires an eight(8) inch curb. All curbs are subject to approval by the City Engineer. 14, Construct both halves of a 6 foot cross gutter and spandrel at the intersection of Lots'B"and "E" and Lot "C"with the flow line parallel to the centerline of Lot"C" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 14A. Construct both halves of a 6 foot cross gutter and spandrel at the intersection of Lots"C'and "G" and Lot"F"with a flow line parallel to the centerline of Lot"F in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 15. The driveway approaches shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum widths of 10 feet. MAIN ENTRANCE ROAD 16. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project. A. Provide a minimum curb cut of 60 feet ( d;X. to B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project E. Security gates closer than 50 feet from the access street will require a minimum of 14 feet clear width. Gates beyond 50 feet from the street will require a minimum of 12 feet width. SANITARY SEWER 17. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 18. Dedicate an easement to the City of Palm Springs for sewer and public utility purposes with right of ingress and egress for the 10 inch diameter sewer trunk main in Lots"H", "C","F"and «I„ 19. Developer shall construct a 10 inch diameter sewer main along the Acanto Drive frontage from Main Entry to east property line. 20. Developer shall construct 8 inch diameter sewer mains 5 feet from and parallel to the centerline of all on-site street easements. A 10 inch diameter sewer main shall be constructed 5 feet from and parallel to the centerline of Lots "H", "C", and "F"(west of Lot "C"). The 10 inch diameter sewer shall connect via the existing easement from Lot°I"to the existing sewer manhole located in Palm Canyon Drive South approximately 129 feet south of the centerline intersection of Bogert Trail and Palm Canyon Drive South and into the 10 inch diameter sewer main being constructed in Acanto Drive. 21. Developer may enter into a reimbursement agreement for that portion of the 10 inch diameter sewer main which is off-site. 22. Developer shall pay the sewer assessment fee of$146.19 per lot. GRADING 23. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 24. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of final Planning Department comments. B. Copy of signed Conditions of Approval from Planning Department. (a e I ( C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. F. Copy of Hydrology Study/Report, IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 25. Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep- to keep nuisance water from entering the public streets, roadways, or gutters. 26. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687) and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 27. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 28. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 29. Contact the Building Department to get PM10 requirements prior to request for a grading permit. DRAINAGE 30. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. Design of the basin outlet shall be within the existing drainage easement (Lot D, Tract 16149). Calculations shall include outlet Q and capacity of existing drainage control channel. 30A. The Storm flows shall be conducted through the project via underground pipes. The size of the storm drain pipes shall be as per the hydraulic design in the report to be submitted with the grading plans. 31. The storm drain infrastructure shall be maintained by the Home Owners Association. (V 614Z 32. The tract shall be subject to all conditions of Riverside County Flood Control and Water Conservation District stated in their letter dated Jan. 24, 1985. 33. Developer shall pay a fair share contribution as approved by the City Engineer toward the construction of a bridge structure at the South Palm Canyon Drive crossing of the Arenas South drainage channel. The fair share contribution shall be determined in accordance with Planning condition No. 28 and the applicant shall enter into an agreement to pay said fees prior to issuance of building permits. GENERAL 34. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 35. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 36. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 37. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 38. Nothing shall be constructed or planted in the corner cut-off area of any drivewaywhich does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Standard Drawing No. 203. 39. 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 Engineering specifications. MAP 40. The 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 Department. 41. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 42. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of G & I the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the ACANTO DRIVE frontage of the subject property. 43. Striping plans are to be prepared and submitted along with street improvement plans for review and approval by the City Engineer. 44. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 45. The developer shall prepare and submit a focused traffic study to update the analysis prepared for the Amendment to the Specific Plan#1 Environmental Assessment, and shall pay a fair share contribution toward the off-site roadway improvements and traffic signals outlined in Table 7, "Circulation Mitigation Measures", of the said Amendment to the Specific Plan, as may be modified by the focused traffic study. Payment of required fair share contributions shall be made prior to issuance of building permits. The update of the analysis for this tract can be included in the update required in the conditions for Tract Map 30046 and Tract Map 30050. As an alternative the developer may pay fair share fees based upon the original traffic study. 46. A 30 inch "STOP" sign and standard "STOP BAR" and "STOP LEGEND" shall be installed per City of Palm Springs Standard Drawing Nos. 620-626 at the following locations: NW Corner of Acanto Drive and the Main Entrance 47. 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. 48. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use.