HomeMy WebLinkAbout24484 RESOLUTION NO. 24484
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY
PLANNED DEVELOPMENT DISTRICT (PDD 290) AND MAJOR
ARCHITECTURAL APPLICATION, FOR THE DEVELOPMENT OF
A 153-UNIT CONDOMINIUM COMPLEX ON A 16.1-ACRE
PARCEL IN PLANNING AREA 5 OF PHASE 1 WITHIN THE
MIRALON DEVELOPMENT LOCATED AT 801 SUNRISE WAY,
(CASE 5.0982-PDD 290 & 3.4075-MAJ).
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. The City Council of the City of Palm Springs originally approved Planned
Development District 290 (PDD 290), on May 5, 2004, for 1,236 single-family and multi-
family residential units.
B. The City Council of the City of Palm Springs certified a Mitigated Negative
Declaration (MND) for PDD 290 on May 5, 2004.
C. Freehold Communities, LLC, (the "Applicant") filed an application with the City
pursuant to Sections 94.03.00 and 94.07.00 of the Palm Springs Zoning Code for a
Preliminary Planned Development District and Major Architectural Applications for the
construction of 153 multi-family residential units.
D. On October 11, and December 13, 2017, the subject project was reviewed by the
Planning Commission at a Study Session.
E. On May 7, and June 4, 2018, the Architectural Advisory Committee reviewed the
project and unanimously recommended approval to the Planning Commission subject to
conditions.
F. A notice of a public hearing of the Planning Commission of the City of Palm
Springs, California to consider the Project was given in accordance with applicable law,
and on July 25, 2018, the Planning Commission carefully reviewed and considered all of
the evidence presented in connection with the hearing on the matter, including but not
limited to the staff report, and all written and oral testimony presented and voted 6-0 to
approve the project and recommend approval to City Council of the Project.
G. A notice of public hearing by the City Council of the City of Palm Springs, California,
to consider the proposed Project was given in accordance with applicable law and on
September 5, 2018, the City Council held a public hearing in accordance with applicable
law.
H. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the meetings on the proposed Project, including but not
limited to the staff report, and all written and oral testimony presented and finds that the
Resolution No. 24484
Page 2
proposed Project complies with the requirements of Section 94.03.00 and 94.07.00 of
the City of Palm Springs Zoning Code.
I. The proposed project associated with the above applications ("Project') is
considered a "project' pursuant to the terms of the California Environmental Quality Act,
Public Resources Code Section 21000 et. seq. ("CEQA19).
J. Pursuant to the CEQA Guidelines, 14 California Code of Regulations Section
15000 et. seq., a Mitigated Negative Declaration (MND), was previously approved by City
Council on May 5, 2004. An Addendum to the MND was also prepared and it found that
the project will not result in any new significant environmental impacts or substantially
increase the severity of previously identified significant impacts as compared to the
previously approved project. Furthermore, the Addendum concluded that none of the
conditions described in Section 15162 of the CEQA Guidelines calling for preparation of
a subsequent MND or Environmental Impact Report have occurred and therefore the
Addendum to the MND was appropriate to satisfy CEQA requirements for the project.
K. Pursuant to Sections 94.02.00(B)(3) of the City OF Palm Springs Zoning Code, the
City Council specifically finds as follows:
1. That the use is in keeping with the stated intent and purpose of the zone.
The proposed project is a 153-unit condominium complex located in a planned
development district previously approved for multi-family development. As approved, the
site could accommodate up to 166 units, however, the applicant has proposed 153 units.
The proposed development is consistent with the R-3 development standards and
therefore the proposed use is in keeping with the stated intent and purpose of the zoning
designation.
2. The field investigations have disclosed that the subject use and its
operation are compatible with the uses permitted in the zone wherein it is
proposed to be located.
The zoning designation of the project site is PDD 290 of Planning Area 5; this area allows
the development of medium density residential with R-3 development standards. The
proposed use for Preliminary Planned Development District 290 is for the development
of 153 condominium units. The proposed uses are permitted in the zone and its immediate
surrounding.
3. That the subject use is similar to one (1) or more uses permitted in the
zone within which it is proposed to be located in.
The subject site is undeveloped; upon completion the project will be similar to the
residential uses in the immediate vicinity. Therefore, the use applied for at the subject
location is properly one for which PDD 290 is authorized by the previous approval granted
by the Council.
Resolution No. 24484
Page 3
4. That the subject use will not cause substantial injury to the values of
property in the zone within which it is proposed to be located.
The proposed use conforms to the conditions of approval of the City Council and is in full
compliance with the intent of PDD 290 and R-3 development standards. The development
of this parcel will enhance property values in the immediate area and the northern part of
the City.
L. PSZC Section 94.04.00(D) requires an evaluation of the proposed development to
determine if it will provide a desirable environment for its occupants, be compatible with
the character of the adjacent and surrounding developments, and whether it is of good
composition, material, textures, and colors. Conformance is evaluated based on the
consideration of the following:
1. Site layout, orientation, location of structures and relationship to one
another and to open spaces and topography. Definition of pedestrian and
vehicular areas; i.e., sidewalks as distinct from parking areas;
The site layout will create adequate spaces for human and vehicular circulation in and
around the overall master planned community. There is adequate separation between the
placement and location of structures in the single-family area and the condominium
complex. The site layout also relates functionally well to the trail systems within the overall
site. The multi-family component is on an undeveloped parcel bordered by well defined
open space areas, pedestrian linkages, trails and sidewalks distinct from parking areas.
Adequate sidewalks are provided within the proposed development.
2. Harmonious relationship with existing and proposed adjoining
developments and in the context of the immediate neighborhood
community, avoiding both excessive variety and monotonous repetition, but
allowing similarity of style, if warranted;
The proposed development will be complementary to the existing adjacent residential
development given that the site has been undeveloped for a long time. As proposed, the
modern style architecture will add to the existing successful housing design especially in
the southerly portion of the immediate vicinity.
3. Maximum height, area, setbacks and overall mass, as well as parts of any
structure (buildings, walls, screens towers or signs) and effective
concealment of all mechanical equipment;
Although the proposed development application is a preliminary PDD, it is subject to the
R-3 development standards. The R-3 zone allows a maximum height of 24 feet and two
stories. The proposal meets all required setbacks and conforms to the R-3 development
standards. All mechanical equipment will be placed on the grade and will be appropriately
screened.
4. Building design, materials and colors to be sympathetic with desert
Resolution No. 24484
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surroundings;AND
5. Harmony of materials, colors and composition of those elements of a
structure, including overhangs, roofs, and substructures which are visible
simultaneously,AND
Consistency of composition and treatment,
The project is proposed with a modern architectural style consistent with the design
guidelines. There is consistency in the composition and treatment of the new buildings.
The proposed materials and colors are warm hued colors considered to be
complementary to the desert. The proposed condominium complex has a unique modern
architectural style that is consistent with other modern residential structures in the City.
The proposed use of materials, architectural elements such as colors and materials will
enhance the overall quality of the buildings.
6. Consistency of composition and treatment,
There is consistency in the composition and design of the site plan, the architecture and
landscape. The open space scheme is distinctive given that olive groves, social spaces,
trails, community gardens and lakes are unique features of the landscape plan. Also,
there is consistency in the composition and treatment of the new buildings; the modern
architectural style is applied in all facets of the design relative to the aesthetics, colors
and materials.
7. Location and type of planting, with regard for desert climate conditions.
Preservation of specimen and landmark trees upon a site, with proper
irrigation to insure maintenance of all plant materials;
The proposed conceptual landscape plan is compatible with the character of the
previously approved amended overall landscape plan for the Miralon project. The plan
contains similar features such as the trails, community gardens, seating areas and open
spaces. Proposed plantings include a variety of palms, multiple species of Acacia trees,
multiple species of Palo Verde trees and multiple species of Mesquite and Oak trees.
Other trees include Silk tree, Desert Willow, Chitalpa, Indian Rosewood, Australian
Willow, Jacaranda, Swan Hill Olive, Desert Ironwood, Palo Brea, Afghan Pine, Carolina
Cherry Laurel, Pomegranate, African Sumac and California Pepper. Other plants include
various shrubs, cactus, Ornamental grasses, Vines, cacti and succulents as accents.
Proposed groundcovers include Prostrate Acacia, Prostrate Desert Broom, Calylophus,
Damianita, Silver Bush Morning, Ground Morning Glory, Golden Dalea, Lantana,
Primrose and multiple species of Verbena. The hardscape areas will consist of natural
gray concrete with broom finish, pavers, exposed aggregate, seeded aggregate, gravel
and decomposed granites.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS
FOLLOWS:
Resolution No. 24484
Page 5
SECTION 1. CEQA
A Mitigated Negative Declaration (MND), was previously approved by City Council on
May 5, 2004. An Addendum to the MND was also prepared and it found that the project
will not result in any new significant environmental impacts or substantially increase the
severity of previously identified significant impacts as compared to the previously
approved project. Furthermore, the Addendum concluded that none of the conditions
described in Section 15162 of the CEQA Guidelines calling for preparation of a
subsequent MND or Environmental Impact Report have occurred and therefore the
Addendum to the MND was appropriate to satisfy CEQA requirements for the project.
SECTION 2.
The City Council approves Preliminary Planned Development District 290 and Major
Architectural Approval application to construct 153 multi-family residential units on a
16.1-acre parcel of Planning Area 5, Phase 1 within the Miralon development subject to
the conditions of approval attached herein as Exhibit A.
ADOPTED THIS 5T" DAY OF SEPTEMBER, 2018.
David H. Ready,
City Manager
ATTEST:
ony J. MC
City Clerk
Resolution No. 24484
Page 6
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24484 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 September 5, 2018, by the
following vote:
AYES: Councilmembers Holstege, Kors, Middleton, Mayor Pro Tern Roberts, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Springs, California, this 2c)w, day of 4, ,pc>,- 2u,r,
*ntKony J. M "
City Clerk
EXHIBIT A
Case No. 5.0982-GPA-PD-290 & 3.4075—MAJ
CONDITIONS OF APPROVAL
Miralon Palm Springs Multi-Family Residential Project
September 5, 2018
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 Zoning, 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
forma approved by the City Attorney.
PLANNING COMMISSION SPECIFIC CONDITIONS
PC 1. Traffic Signal — Indian Canyon & Sunrise Way. Install the traffic signal upon
issuance of permit for 100th residential unit.
PC 2. Annual Monitoring Requirement — Traffic. The applicant shall be required to
submit updated traffic data to the Engineering Division on an annual basis for
the following intersections:
• Sunrise Way and Four Seasons Boulevard
• San Rafael and Avenida Caballeros
• Indian Canyon and Corazon
The annual monitoring shall terminate upon the issuance of the final
certificate of occupancy for residential structures within the development.
PC 3. Right-of-Way Improvements — Avenida Caballeros. Right-of-way
improvements shall be completed with other project perimeter improvements
prior to the issuance of certificates of occupancy for the residential structures.
PC 4. Sidewalk — Multifamily (Phase 1). Provide a temporary sidewalk along the
street frontage of the Phase 1 multifamily parcel so as to provide a safe
pedestrian connection for the southern trail loop.
PC 5. Construction Staging. Construction staging and stacking of construction
vehicles shall occur onsite and not on adjacent rights-of-way or in adjacent
neighborhoods. The northern Sunrise Way entry gate shall be used for all
construction traffic.
Case 5.0982 PD 290&3.4075-MAJ September 5,2018
Conditions of Approval Page 2 of 27
PC 6. Social Areas — Access. Provide adequate pedestrian access to the Social
Areas from the nearest adjacent internal street.
PC 7. Trails — Public Access. Public access to the trails shall be made available to
members of the general public; this shall be provided as a public benefit in
accordance with the Public Benefit Policy adopted by City Council for Planned
Development Districts.
PC 8. Trails — Clear Zone. Provide a minimum two-foot clear zone on either side of
each trail path.
PC 9. Trails — Restricted Use. The trail system shall be restricted to use by
pedestrians and bicycles only. Electric vehicles shall not be permitted on the
trail system, but may utilize the streets within the development.
PC 10. Rear Setback — Exclusive Use Easement. Allow a 3' setback from rear
property line, provided a minimum 15' setback is maintained from the outer
edge of the exclusive use easement boundary.
PC 11. Rear Setback — All Other Lots. A minimum 15' rear yard setback shall be
required for all lots without the exclusive use easement. The rear yard
setback may be reduced to 10' when the front yard setback is increased to
15' under the following circumstances:
a. The rear yard is not located at the perimeter of the development and does
not back onto existing developed residential properties outside of the
development; and
b. The rear yard does not immediately abut another rear yard within the
development where the rear yard setback has been reduced below 15'.
PC 12. Front Set�ks. Allow 18' setback t„ faGe of gaFage, allew 10' setbaGk fe
habitable pertien of dwelling or wall of side-leaded garage. (See General
Condition #17)
PC 13. Side Yard Setback. Recommend the use of an exclusive use easement for
side yards, with 3' and 7' setbacks from property lines so as to maximize
usable side yard space. Allow swimming pools to be built at the property line
(minimum 3' setback from adjacent residence).
PG 14. Let Govei:age.
a. 40&456ets55
0
(See General Condition #17)
Case 5.0982 PD 290&3.4075-MAJ September 5,2018
Conditions of Approval Page 3 of 27
PC 15. Lot Coverage — Covered Patios. Covered patios, when only covered by a
roof or trellis structure (not second-story habitable space), may be excluded
from the lot coverage calculation.
PC 16. Second Story Area Limitations. The second story of the residence (where
permitted) shall not exceed 50% of the habitable floor area of the first floor of
the residence.
PC 17. Roof Decks. Roof decks shall not be permitted on one-story residences.
Roof decks may be permitted for two-story residences, but shall be limited to
a maximum of 400 square feet in area and shall only be permitted above the
first-story level of the residence. The roof deck shall be designed so that
privacy is maintained for the yard areas of abutting parcels.
PC 18. Four-Sided Architecture. Architectural detailing and materials shall be
consistent on all four sides of the residence. Variations in wall planes,
external expression of structural elements, shading devices, or other similar
details may be employed to break up large wall plane expanses as
appropriate.
PC 19. Windows — Materials. Window frame materials shall be restricted to
aluminum frames only. Vinyl frame windows are prohibited.
PC 20. Exterior Door/Window Design Standards. The following standards shall be
added to the Design Guidelines manual:
By design, windows and glass door openings should take
advantage of views, minimize reflectivity, solar absorption, glare
and nighttime light emission and minimize overlook between
residences. Large panes of glass are preferred.
In order to reinforce the connection to the outdoors, large windows
with edges at or near the floor and/or ceiling, and sliding glass
doors opening from main living areas are recommended.
Square or rectangular window shapes should be emphasized.
Arches, circular, triangular, octagonal, or trapezoidal windows or
doors are discouraged as they suggest other building types and
histories not associated with "desert" architecture. One exception
is trapezoidal clerestory windows that take their shape from the
adjacent sloping ceiling and roof.
PC 21. Window/Door Openings —Variation C Elevations. Exterior window and door
openings shall have a minimum 4" recess for consistency with the design
characteristics.
Case 5.0982 PD 290&3.4075-MAJ September 5,2018
Conditions of Approval Page 4 of 27
PC 22. Exterior Finish Materials. Exterior walls should be simple, refined
compositions that firmly ground the building to the site. A minimum of two
and a maximum of three exterior wall materials (glazing system materials
excluded) shall be used, with one material clearly dominant. Exterior finish
materials shall be limited to the following:
• Stucco — smooth or light sand finish
• Natural or cultured stone
• Architectural smooth face or decorative concrete block
• Architectural composed fiber cement panels
• Brick
• Finished metal -
• Prohibited materials: Highly reflective or shiny metal, decorative
patterned stucco, alumawood
PC 23. Garage Doors. Arched windows or divid - windows shall be prohibited
g ed lite o
on garage doors; only those details as specified in the Design Standards
manual shall be permitted. White garage doors may be acceptable if
approved as part of a color scheme for the residence.
PC 24. Hardscape — Driveways. The use of concrete as a driveway surface shall not
exceed 75% of the overall driveway area. Decorative or pervious materials,
such as pavers or crushed rock, should make up the remainder of the
driveway area.
PC 25. Groundcover — Single-Family Parcels/Multifamily Parcels. Due to wind
conditions, decomposed granite is not recommended. Crushed rock or gravel
shall be a minimum of 3/8". While "Mojave Gold" is the preferred color for
rock material, other alternate colors may be appropriate as approved by the
Architectural Advisory Committee (AAC).
PC 26. Rear Yard Gates/Fences. Remove the kick-plate detail; applicant shall
submit a color sample for rear yard view fences for review and approval by
the AAC.
io ne+reened and the onreeniRg Faterial in integ Fated with the nre+hitenti ire et
the reek (See General Condition #24)
PC 28. Solar. All residential units shall be outfitted with solar panels, and shall
provide a minimum of 40% of the total usage capacity for the residence.
PC 29. Local Workers. The applicant, production builders and subcontractors are
encouraged to hire local workers as may be possible, and to support local job
training programs and efforts.
Case 5.0982 PD 290&3.4075-MAJ September 5,2018
Conditions of Approval Page 5 of 27
PC 30. Construction Phasing and Timing of Common Area Improvements. The
project shall be developed according to the construction phasing plan
submitted in conjunction with this application (Phases 1A, 113, and 2A).
Common area improvements shall be completed as follows:
a. Clubhouse: The building permit for the clubhouse facility shall be issued
prior to the issuance of the building permit for the first single-family
residence in Phase 1A.
b. Trail and Common Area Orchards/Landscape/Amenities: The trails and
any common area landscaping and improvements within each phase of
the development shall be completed prior to completion of 50% of the
single-family residences within that phase of the development. The
parcels for multifamily residences in Phases 1A and 2A shall be excluded
from the 50% calculation and completion requirement.
PC 31. Design Guidelines — Amendment. Amendments to the adopted Design
Guidelines may be processed as a Minor Amendment to an approved
Planned Development, pursuant to Palm Springs Zoning Code (PSZC)
Section 94.03.00(G).
Planning Commission proiect specific conditions from July 25, 2018, meeting:
1. The applicant shall provide private access gates at the side yards of individual
units that back the Miralon open space areas.
2. The applicant shall provide additional shade trees at the Desert Common Park.
3. The applicant to add plantings that attract butterflies, birds and bees to the
landscape palette.
4. There shall be no decomposed granite in the open space areas; use only 3/8th
rocks.
5. The shall modify proposed 1% slope roofline for Elevations 4A, 4XA and 5A to
create the appearance of a complete level roof plane.
6. The design of the multi-family residences shall conform to the Miralon design
guidelines.
7. The project shall include traffic calming devices subject to the approval of the
Fire Marshall.
Case 5.0982 PD 290&3.4075-MAJ September 5,2018
Conditions of Approval Page 6 of 27
PROJECT SPECIFIC CONDITIONS
Administrative
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs,
its agents, officers, and employees from any claim, action, or proceeding against
the City of Palm Springs or its agents, officers or employees to attach, set aside,
void or annul, an approval of the City of Palm Springs, its legislative body,
advisory agencies, or administrative officers concerning Case 5.0982-PD-290,
TTM 31848. The City of Palm Springs will promptly notify the applicant of any
such claim, action, or proceeding against the City of Palm Springs and the
applicant will either undertake defense of the matter and pay the City's
associated legal costs or will advance funds to pay for defense of the matter by
the City Attorney. If the City of Palm Springs fails to promptly notify the applicant
of any such claim, action or proceeding or fails to cooperate fully in the defense,
the applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs. Notwithstanding the foregoing, the City
retains the right to settle or abandon the matter without the applicant's consent
but should it do so, the City shall waive the indemnification herein, except, the
City's decision to settle or abandon a matter following an adverse judgment or
failure to appeal, shall not cause a waiver of the indemnification rights herein.
3. That the and successors and assignees in interest shall
property owne�s) g
maintain and repair the improvements including and without limitation sidewalks,
bikeways, parking areas, landscape, irrigation, lighting, signs, walls and fences
between the curb and property line, including sidewalk or bikeway easement
areas that extend onto private property, in a first class condition, free from waste
and debris, and in accordance with all applicable law, rules, ordinances and
regulations of all federal, state, and local bodies and agencies having jurisdiction
at the property owner's sole expense. The PS Village HOA shall be responsible
for the maintenance of both sides of the Sunrise Parkway. This condition shall
be included in the recorded covenant agreement for the property if required
by the City, and shall be required in the CC&Rs.
4. The project is located in an area defined as having an impact on fish and wildlife
as defined in Section 711.4 of the Fish and Game Code; therefore a fee of
$1,314.00 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.
Case 5.0982 PD 290&3.4075-MAJ September 5,2018
Conditions of Approval Page 7 of 27
5. Prior to issuance of a grading permit, Fringe Toed Lizard Mitigation fees shall be
submitted to CVAG.
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 d an h
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 Zoning and the Public Arts Commission, and the
property owner shall enter into a recorded agreement to maintain the art work
and protect the public rights of access and viewing.
7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required
to contribute to mitigate park and recreation impacts such that, prior to issuance
of residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount
shall be based upon the cost to acquire and fully improve parkland. Dedication of
the 7.55-acre park site shall be made prior to issuance of the first grading
permits.
Environmental Assessment
8. The mitigation measures of the environmental assessment shall apply and shall
be incorporated into the final plans, prior to issuance of permits. The applicant
has submitted a signed statement agreeing to the mitigation measures.
CC&R's
9. 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 Zoning for approval in a form to be approved by the City Attorney, to be
recorded prior to approval of a final map. The CC&R's shall be enforceable by
the City, shall not be amended without City approval, and shall require
maintenance of all property in a good condition and in accordance with all
ordinances.
10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2500, for the review of the CC&R's by the City Attorney. A $250 filing fee, or
other fee in effect at the time of submission of the CC&Rs, shall also be paid to
the City Planning Department for administrative review purposes.
11. The CC&R's shall have a disclosure statement regarding the location of the
project relative to roadway noise, aircraft noise and the widening of Sunrise
Case 5.0982 PD 290&3.4075-MAJ September 5,2018
Conditions of Approval Page 8 of 27
Parkway in the future. Said disclosure shall inform perspective buyers about
traffic, an active recreation park-site and lighted playing fields, noise due to
Sunrise Parkway, Indian Canyon Drive, San Rafael Drive and the Palm Springs
International Airport, aircraft, and other activities which may occur in this area.
a. Prior to issuance of a building permit, the applicant must provide a
standard avigation easement and non-suit covenant in a form prescribed
and approved by the City Attorney, with reference to present and future
owners of the parcel.
b. These disclosures shall also be incorporated into a covenant to be
recorded on the title of each residential parcel.
Cultural Resources
12. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's Standards and
Guidelines, shall be employed to survey the area for the presence of cultural
resources identifiable on the ground surface.
a. Given that portions of the project area are within an alluvial formation, the
possibility of buried resources is increased. A Native American Monitor
shall be present during all ground disturbing activities.
b. Experience has shown that there is always a possibility of buried cultural
resources in a project area, Given that, a Native American Monitor(s) shall
be present during all ground disturbing activities including clearing and
grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning and Zoning and after the
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to investigate and, if
necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente
Cultural Resource Coordinator for approval.
c. Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations,- record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning and Zoning Department prior to final inspection.
Case 5.0982 PD 290&3.4075-MAJ September 5,2018
Conditions of Approval Page 9 of 27
Final Design
13. The final landscape plan for the common area open space (former golf course),
including all proposed landscape materials, shall be reviewed and approved by
the Planning Commission. As part of the review, the Planning Commission shall
also consider a reduction in the surface area of the water retention lakes.
14. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning and Zoning prior to
issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal.
15. The final development plans shall be submitted in accordance with Section
94.03.00 of the Zoning Ordinance. Final development plans shall include site
plans, building elevations, floor plans, roof plans, landscape plans, irrigation
plans, wall and fence 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.
16. An exterior lighting plan for the clubhouse parking lot, in accordance with Zoning
Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for
review and approval by the Director of Planning & Zoning prior to the issuance of
building permits. Manufacturer's cut sheets of all exterior lighting on the building
and in the landscaping shall be submitted for approval prior to issuance of a
building permit. If lights are proposed to be mounted on buildings, down-lights
shall be utilized.
17. Two story units shall be not be located within 200' of the project perimeter, with
the exception that they may be on the second row of lots south of Sunrise
Parkway.
18. Project property development standards:
Table 3 Development Standards— Revised
a o aids
Land Use Multi-family/Condominium &
Sin le-famil residential
Total Unit Count 1,150 Units
Minimum Lot Area—Single Family 4,000 square feet
Minimum Lot Dimension 40 ft. X 100 ft.
Lot Sizes 4,000 s . ft. to 14,485 s . ft.
Minimum Dwelling Size 1,000 square feet
-Building Height— Single Family Maximum 24 feet
Building Height— Multifamily Maximum 25 feet
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�. a
Single-Family Setbacks
•Front from living area 10 feet
•Side-loaded garage 10 feet
•Front-loaded garage 18 feet
•Side yard setback 5 feet, with option for exclusive side yard
easement on 4,000 SF and 4,500 SF lots
•Rear yard setback—lot with exclusive use 3 ft. Min. to PL with '^' man Q- 20' ma 15'
rear yard easement min. to outside boundary of exclusive use
easement
• Rear yard setback—without exclusive use 15 feet to property line (see PC 11 for
rear yards additional options)
Multifamily R-3 Zone standards apply, except as may be
amended herein
Max. Lot Coverage 55% for 4,000/4,500 SF lots; 50% for
5,000/6,000 SF lots
Primary Access Sunrise & Indian Canyon
19. The Design Review Gemmittee Architectural Advisory Committee makes the
following design recommendations:
a. Provide a view fence to the golf course on Indian Avenue.
b. Meander walls on Indian Avenue and adjacent to all other public
roadways. This shall be reviewed by the Design Review Committee as
part of Final PD plans.
c. Add trees to both sides of the sidewalks, where sidewalks meander,
except where conflicts with underground utilities would result.
d. Sidewalks and bikeways should be provided on both sides of Sunrise
Parkway.
e. Add additional trees to the median and landscape area at the Caballeros
Road entry.
f. Landscape shall be desert landscape, lush but efficient, with low watering
requirements. Limit turf to active recreation areas only. Pull turf away from
streets, sidewalks and bikeways where possible.
g. Architecture must be high quality and well designed. The proposed project
architecture is not approved. Restudy the architecture, provide a variety of
architectural styles and products and consider the climate and location of
the project.
h. Include decorative paving, in all driveway areas in multi-family parcels, in
order to meet the overall 45 45% minimum open space requirement, or
Case 5.0982 PD 290&3.4075-MAJ September 5,2018
Conditions of Approval Page11 of27
otherwise demonstrate compliance with the minimum G5 45%
requirement. Minimum open space of 45% is required for Parcels "A"and
"B".
20. The lots which back to existing residences on Via San Dimas, shall be
redesigned and widened to match the existing lot widths of the subdivision
located to the south.
GENERAL CONDITIONS/CODE REQUIREMENTS
21. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Zoning for review and
approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the
Municipal Code for specific requirements.
22. Prior to the 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.
23. 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.
24. 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.
25. All roof-mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 93.03.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights and
type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening. No rooftop-mounted compressor units shall be permitted.
26. No exterior downspouts shall be permitted on any facade on the proposed
building(s), which are visible from adjacent streets or residential and commercial
areas.
27. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 93.02.00.D.
28. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
29. The street address numbering /lettering shall not exceed eight inches in height.
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30. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of Title
25 of the California Administrative Code. Compliance shall be demonstrated to
the satisfaction of the Director of Building and Safety.
31. Details of pool fencing (material and color) and equipment area shall be
submitted with final landscape plan.
32. 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.
Parking Design
33. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized
spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be
18 feet deep by 9 feet wide plus a 5-foot walkway at the right side of the parking
space; two (2) handicap spaces can share a common walkway. One in every
eight (8) handicap accessible spaces, but not less than one (1), shall be served
by an 8-foot walkway on the right side and shall be designated as "van
accessible".
34. Handicapped accessibility shall be indicated on the site plan to include the
location of handicapped parking spaces, the main entrance to the proposed
structure and the path of travel to the main entrance. Consideration shall be
given to potential difficulties with the handicapped accessibility to the building
due to the future grading plans for the property.
35. Compact and handicapped spaces shall be appropriately marked per Section
93.06.00.C.10.
36. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area
shall have curbs placed at a minimum of two (2) feet from the face of walls,
fences or buildings adjoining driveways.
37. Parking lot light fixtures shall align with stall striping and shall be located two to
three feet from curb face.
38. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to
comply with shading requirements.
39. Shading requirements for parking lot areas as set forth in Section 9306.00 of the
Zoning Ordinance shall be met. Details to be provided with final landscape plan.
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40. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or
elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6"
barrier curb shall provide wheel stops.
41. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to
end parking spaces or end spaces shall be increased to eleven (11) feet wide.
42. Tree wells shall be provided within the parking lot and shall have a planting area
of six feet in diameter/width.
Waste Disposal
43. Trash cans shall be screened from view and kept within fifty (50) feet of the
street.
POLICE DEPARTMENT
44. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs
Municipal Code.
BUILDING DEPARTMENT
45. Prior to any construction on-site, all appropriate permits must be secured.
FIRE
46. Street Widths: Sections B-B, private street "A" and Section C-C, Avenida
Caballeros are at a minimum width where no parking will be allowed.
47. Turnarounds: The terminus of private street "A" into the Clubhouse area will
require an approved turnaround.
48. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped
with a KNOX key switch device or Key box. Contact the fire department at 323-
8186 for a KNOX application form. (902.4 CFC)
49. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an
unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC)
50. Road Design: Fire apparatus access roads shall be designed and constructed as
all weather capable and able to support a fire truck weighing 73,000 pounds
GVW. (902.2.2.2 CFC)
51. Residential fire hydrants: Residential fire hydrants shall be installed in
accordance with DWA or Mission Springs Water District specifications and
standards. No landscape planting, walls, or fencing are permitted within 3 feet of
fire hydrants. The Fire Chief or designee may be allowed to consider subsequent
information regarding the five-minute response time and change limits where fire
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Conditions of Approval Page 14 of 27
sprinklers are required.
52. Mandatory Fire Sprinklers: Project beyond five-minute response time from the
closest fire station and therefore requires an automatic Fire Sprinkler System.
The developer shall fund or prepare, at the discretion of the Fire Chief, a 5-
minute response study to re-evaluate response times to the subject property.
ENGINEERING
STREETS
53. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
54. Coordinate with Sunline Transit Agency regarding required public transit facilities
on or adjacent to the development. Any required public transit facilities, including
bus stops, tum-outs, bus shelters and furniture, or other miscellaneous public
transit improvements shall be furnished, constructed and installed in conjunction
with construction of the associated street improvements.
55. Submit street improvement plans for all proposed streets (public and private) to
the Engineering Division. The plans shall be prepared by a Registered Civil
Engineer and approved by the City Engineer prior to issuance of any building
permits.
56. All required off-site public street improvements (San Rafael Drive, Indian Canyon
Drive, Sunrise Parkway, Indian Canyon Drive/Sunrise Parkway Traffic Signal,
and Avenida Caballeros) shall be constructed prior to development that
encompasses over 50% of the entire project, or equivalent to completion of
construction prior to issuance of the 619th certificate of occupancy (50% of 1,237
building permits), without regard to approved phasing plans for development or
as may be required adjacent to a Final Map or Maps (if the development is
phased).
INDIAN CANYON DRIVE
57. Dedicate an additional 20 feet to provide the ultimate half street right-of-way
width of 50 feet along the entire frontage, together with a property line - corner
cut-back at the southeast corner of the intersection of Indian Canyon Drive and
Sunrise Parkway in accordance with City of Palm Springs Standard Drawing
No.105.
58. Construct an 8-inch curb and gutter, 38 feet east of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
59. Construct a 25 feet radius curb return and spandrel at each side of the
intersection of Indian Canyon Drive and the West Entrance in accordance with
City of Palm Springs Standard Drawing No. 206.
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A. Construct an 8 feet wide cross gutter at the intersection of Indian Canyon
Drive and the west entrance in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
B. Construct Type A curb ramps at each side of the intersection of Indian
Canyon Drive and the west entrance, in accordance with City of Palm
Springs Standard Drawing No.212.
C. The West Entrance shall be restricted to right-turn ingress and egress
only. The ingress and egress lanes shall have a 20 feet minimum width.
Final configuration of the west entrance shall be subject to review and
approval of the City Engineer and Fire Marshall.
D. Access to the Golf Maintenance area, or any facility proposed within the
golf maintenance area indicated on the revised site plan for Tentative
Tract Map 31848, shall be prohibited from Indian Canyon Drive, unless
additional improvements to Indian Canyon Drive are provided, acceptable
to the City Engineer, that restricts access into the Golf Maintenance area
to right-turn ingress and egress only. If access is proposed into the Golf
Maintenance are from Indian Canyon Drive, it shall be limited to the
southerly portion of the site, and be subject to the review and approval of
the City Engineer, and may require extension of the landscaped median
south of the south property line of the Golf Maintenance Area, including
roadway widening and, if necessary, right- of- way acquisition as required
to provide required improvements to eliminate left-turn ingress and egress
into the Golf Maintenance area. Access into the Golf Maintenance area
shall be provided from the West Entrance, or internally within the
development, to the greatest extent possible.
60. Construct a 35 feet radius curb return and spandrel at the northeast and
southeast corners of the intersection of Indian Canyon Drive and Sunrise
Parkway in accordance with City of Palm Springs Standard Drawing No. 206.
61. Construct an 8 feet wide cross gutter at the intersection of Indian Canyon Drive
and Sunrise Parkway with a flow line parallel with and 38 feet east of the
centerline of Indian Canyon Drive in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
62. Install a nuisance water drainage system to intercept storm water runoff at the
intersection of Indian Canyon Drive and Sunrise Parkway to minimize nuisance
water within the cross gutter, in a manner acceptable to the City Engineer.
63. Construct a meandering, 12 feet wide combination sidewalk and bicycle path
along the entire frontage. The sidewalk and bicycle path shall be meandering, as
approved by the Director of Planning and Zoning, and constructed with colored
Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert
Sand, or approved equal color by the Engineering Division.
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64. Construct Type A curb ramps at the northeast and southeast corners of the
intersection of Indian Canyon Drive and Sunrise Parkway, in accordance with
City of Palm Springs Standard Drawing No. 212.
65. Construct a minimum pavement section of 5 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 clean saw cut
edge of pavement along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 340. 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.
66. Construct a 14-feet wide curbed and landscaped median island along the entire
frontage. Provide left turn pockets at Corazon Avenue and Tramview Road. The
left turn pockets shall be designed in accordance with Section 405 of the current
edition of the CalTrans Highway Design Manual, as approved by the City
Engineer. Submit landscaping and irrigation system improvement plans for
review and approval by the City Engineer and Director of Planning & Zoning.
67. Construct additional street improvements north of the intersection with the
Sunrise Parkway as necessary to provide an additional south bound left-turn lane
with a 225 feet long left-turn pocket and associated tapering and widening, as
required and approved by the City Engineer. Acquire additional right-of-way for
the City of Palm Springs, if necessary, to facilitate the intersection widening
improvements.
68. The proposal for a traffic circle or roundabout at the Indian Canyon Drive and
Sunrise Parkway intersection, as indicated on Tentative Tract Map 31848, is not
approved.
SAN RAFAEL DRIVE (WEST OF INDIAN CANYON DRIVE)
69. Construct street improvements (asphalt pavement widening, traffic striping and
related improvements) as necessary to widen the west leg of the San Rafael
Drive and Indian Canyon Drive intersection, in a manner that improves
intersection capacity acceptable to the City Engineer.
SAN RAFAEL DRIVE (EAST OF INDIAN CANYON DRIVE)
70. Construct an 8-inch curb and gutter, 32 feet north of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
71. Construct a 12 feet wide combination sidewalk and bicycle path along the entire
frontage. The sidewalk and bicycle path shall be meandering, as approved by the
Director of Planning and Zoning, and constructed with colored Portland Cement
concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved
equal color by the Engineering Division.
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72. 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 clean saw cut
edge of pavement along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 330. 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.
AVENIDA CABALLEROS (PUBLIC)
72A. An application shall be submitted for the vacation of existing public right-of-way
provided for the construction of a "future street" extending westerly of Avenida
Caballeros located approximately 560 feet north of San Rafael Drive, and
existing public right-of-way provided for the future westerly extension of Via San
Dimas. Excess right-of-way shall be vacated to provide for a right-of-way line 30
feet west of the existing centerline of Avenida Caballeros.
72B. The west side of Avenida Caballeros shall be de-annexed from Parkway
Maintenance District #8 and maintained by the developer's HOA. The developer
shall pay fees to the City necessary to revise the Engineer's report to accomplish this
de-annexation.
73. Remove the existing curb ramps, curb returns, spandrels, cross-gutters, and
asphalt pavement constructed for a "future street" extending westerly of Avenida
Caballeros located approximately 560 feet north of San Rafael Drive, and
constructed for the future westerly extension of Via San Dimas.
74. Construct an 8-inch curb and gutter, 20 feet west of centerline at the location of a
"future street" extending westerly of Avenida Caballeros located approximately
560 feet north of San Rafael Drive, and located at the westerly extension of Via
San Dimas, in accordance with City of Palm Springs Standard Drawing No. 200.
75. Construct a 5 feet wide sidewalk behind the curb at the location of a "future
street" extending westerly of Avenida Caballeros located approximately 560 feet
north of San Rafael Drive, and located at the westerly extension of Via San
Dimas in accordance with City of Palm Springs Standard Drawing No. 210.
76. Remove the existing barricade and make appropriate repairs and improvements
necessary to construct and extend Avenida Caballeros onto the proposed
development.
SUNRISE PARKWAY
77. The following recommendations regarding the construction of the Sunrise
Parkway are, in some cases, inconsistent with the proposed improvements
identified on Tentative Tract Map 31848, specifically as indicated in Section D-D
"Sunrise Parkway' on Sheet 1. The Tentative Tract Map details regarding the
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Conditions of Approval Page 18 of 27
Sunrise Parkway shall be considered as modified by the recommendations
specified by these conditions of approval. The Sunrise Parkway shall be
constructed as a Secondary Thoroughfare with a special street section consisting
of 4 travel lanes and a raised, landscaped median.
78. The alignment shall be revised, or easements shall be reserved on the final map,
such that minimum safe stopping site distance, in accordance with the California
Highway Design Manual, is achieved for a 45 mile per hour design speed
throughout those segments of the Sunrise Parkway with a proposed centerline
radius of 300 feet and 500 feet. Measures to require minimum safe stopping
distance shall be submitted to the City Engineer for review and approval prior to
submittal of street improvement plans for the Sunrise Parkway, and/or the first
Final Map prepared within the development.
79. Dedicate 50 feet to provide the ultimate half street right-of-way width of 50 feet
along that portion extending from the easterly property line and through the right-
of-way transition from Sunrise Way to the Sunrise Parkway.
80. Acquire additional right-of-way east of the east property line (on off-site property)
as necessary to provide a full 100 feet right-of-way for the Sunrise Parkway, from
the end of Sunrise Way and extending west of the east property line.
81. Dedicate 100 feet to provide the ultimate right-of-way width of 100 feet along the
entire frontage, from the easterly property line to Indian Canyon Drive.
82. Construct an 8-inch curb and gutter, 32 feet each side of centerline along the
entire frontage, from Indian Canyon Drive to the existing end of Sunrise Way, in
accordance with City of Palm Springs Standard Drawing No. 200.
83. Construct intersection widening and curb tapers as necessary to provide
separate turning lanes (east bound right-turn and west bound left-turn lanes) into
the North Entrance and East Entrance, as approved by the City Engineer.
84. Construct an appropriate transition with curb tapers as necessary to transition
from the northerly end of existing improvements for Sunrise Way to the Sunrise
Parkway, as approved by the City Engineer. A proposal to transition from Sunrise
Way to the Sunrise Parkway shall be submitted to the City Engineer for review
and approval prior to submittal of street improvement plans for the Sunrise
Parkway, and/or the first Final Map prepared within the development.
85. Construct a 25 feet radius curb return and spandrel at each side of the
intersection of the Sunrise Parkway and the North Entrance and East Entrance in
accordance with City of Palm Springs Standard Drawing No. 206.
86. Construct an 8 feet wide cross gutter at the intersection of the Sunrise Parkway
and the North Entrance and East Entrance in accordance with City of Palm
Springs Standard Drawing No. 200 and 206.
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87. Construct a 12 feet wide combination sidewalk and bicycle path along the both
sides of the entire frontage. The sidewalk and bicycle path shall be located
adjacent to curb or meandering, as approved by the Director of Planning and
Zoning, and constructed with colored Portland Cement concrete. The admixture
shall be Palm Springs Tan, Desert Sand, or approved equal color by the
Engineering Division.
88. Construct Type A curb ramps at each side of the intersection of the Sunrise
Parkway and the North Entrance and East Entrance, in accordance with City of
Palm Springs Standard Drawing No. 212.
89. Construct a 14-feet wide curbed and landscaped median island along the entire
frontage. Provide left turn pockets at the North and East Entrances. The left turn
lane pockets shall be designed in accordance with Section 405 of the current
edition of the CalTrans Highway Design Manual, as approved by the City
Engineer. Submit landscaping and irrigation system improvement plans for
review and approval by the City Engineer and Director of Planning & Zoning.
90. 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 edge of proposed
gutter (full width) along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a California
registered Geotechnical Engineer using "R" values from the project site and
submitted to the City Engineer for approval.
91. Provide adequate measures for drainage of surface storm water runoff from the
Sunrise Parkway into adjacent landscaped parkways. Intercept and convey
runoff through catch basins and minor storm drain systems to detention basins
within the landscaped parkways in order to accommodate 10-year storm water
runoff, or provide other measures acceptable to the City Engineer to
accommodate surface runoff along the Sunrise Parkway.
AVENIDA CABALLEROS (PRIVATE)
92. Dedicate a private street easement 61 and 66 feet wide as shown on Tentative
Tract Map 31848, and an easement to the City of Palm Springs for service and
emergency vehicles and personnel with right of ingress and egress over the
private street.
93. Construct a wedge curb, meeting City Engineer approval, 30 feet on both sides
of centerline along the entire frontage, with 25 feet radius curb returns and
spandrels (where required) at intersecting on-site streets in accordance with
City of Palm Springs Standard Drawing No. 206.
94. Construct 6 feet wide cross-gutters at all intersections (where required) in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
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95. Construct a 6 feet wide meandering sidewalk along the east side of the entire
frontage from the existing northerly end of Avenida Caballeros to Street "G" in
accordance with City of Palm Springs Standard Drawing No. 210.
96. Construct a 12-feet wide curbed and landscaped median island at various
locations as shown on Tentative Tract Map 31848.
97. 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, in accordance with City of Palm Springs
Standard Drawing No. 110. If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
ON-SITE (PRIVATE) STREET"A"
98. Dedicate a private street easement 51 feet wide as shown on Tentative Tract
Map 31848, and an easement to the City of Palm Springs for service and
emergency vehicles and personnel with right of ingress and egress over the
private street.
99. Dedicate a 10 feet wide public utility easement along each side of the private
street.
100. Construct a wedge curb, meeting City Engineer approval, 25 feet on both sides
of centerline along the entire frontage, with 25 feet radius curb returns and
spandrels (where required) at intersecting on-site streets in accordance with City
of Palm Springs Standard Drawing No. 206.
101. Construct 6 feet wide cross-gutters at all intersections (where required) with a
flow line parallel with and 25 feet from the centerline of the intersecting street in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
102. Construct a 6 feet wide sidewalk along both sides of Street A from the Sunrise
Parkway to the gated entry in accordance with City of Palm Springs Standard
Drawing No. 210.
103. Construct a 10-feet wide curbed and landscaped median island at various
locations as shown on Tentative Tract Map 31848.
104. 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, in accordance with City of Palm Springs Standard
Drawing No. 110. If an alternative pavement section is proposed, the proposed
pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
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ON-SITE (PRIVATE) STREETS "B"THRU "U"
105. Dedicate a private street easement 37 feet wide, and an easement to the City of
Palm Springs for service and emergency vehicles and personnel with right of
ingress and egress over the private streets.
106. Dedicate a 10 feet wide public utility easement along each side of the private
streets.
107. Construct a wedge curb, meeting City Engineer approval, 18 feet on both sides
of centerline along the entire frontage, with 25 feet radius curb returns and
spandrels (where required) at intersecting on-site streets in accordance with City
of Palm Springs Standard Drawing No. 206.
108. Construct 6 feet wide cross-gutters at all intersections (where required) with a
flow line parallel with and 18 feet from the centerline of the intersecting street in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
109. All on-site street "knuckles" and cul-de-sac's shall be constructed in accordance
with City of Palm Springs Standard Drawing No. 101 and 104.
110. All on-site streets shall have a minimum centerline radius of 130 feet.
111. Construct a minimum pavement section of 2'/2-inch asphalt concrete pavement
over 4 inch aggregate base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal, in accordance with City of Palm Springs Standard
Drawing No. 110. If an alternative pavement section is proposed, the proposed
pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
SANITARY SEWER
112. Connect all sanitary facilities to the City sewer system. The on site sewer system
shall be connected to the City's public sewer system through a standard lateral
connection, and not at a sewer manhole.
113. If necessary to provide public sewer service to the easterly portion of the subject
property, construct an extension of the existing 15-inch public sewer main within
the approved alignment for the Sunrise Parkway, extending to the required point
of connection.
114. Construct an 8-inch sewer main within all on-site private streets and connect to
the public sewer main as required to the existing public sewer main in Avenida
Caballeros, San Rafael Drive or Sunrise Way.
115. Dedicate an easement across all private streets , for sewer purposes to the City
of Palm Springs
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116. Submit sewer improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plans shall be approved by the City Engineer prior to
issuance of sewer construction permits.
117. All sewer mains constructed by the developer and to become part of the City
sewer system shall be televised by the developer prior to acceptance of the
sewer line(s).
GRADING
118. Submit a Rough 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 Building Department 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
Building Department with current and valid Certificate(s) of Completion from
AQMD for staff, that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
contact Elio Torrealba @ AQMD at 909-396-3752, or at etorrealbao-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 Building
Department prior to approval of the Grading plan. The Grading Plan shall be
approved by the City Engineer prior to issuance of any grading or building
permits.
The first submittal of the Grading Plan shall include the following information:
Copy of signed Conditions of Approval from Planning Department; Copy of Site
Plan stamped approved and signed by the Planning Department; Copy of current
Title Report; Copy of Soils Report; and a copy of the associated Hydrology
Study/Report.
119. Drainage swales 3 feet wide and 6 inches deep shall be provided adjacent to all
curbs and sidewalks to keep nuisance water from entering the adjacent streets.
120. 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 approval of the Grading
Plan.
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121. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a
cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the
City for dust control purposes associated with grading activities on the property.
122. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the
proposed development. A copy of the soils report shall be submitted to the
Building Department and to the Engineering Division prior to approval of the
Grading Plan.
123. Contact the Building Department to get information regarding the preparation of
the PM-10 (dust control) plan.
124. 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
125. Accept all stormwater runoff passing through and falling onto the site and
conduct all stormwater runoff to approved drainage structures as described in the
Preliminary Hydrology Report for the "Palm Springs Village Tract Map No.
31848", prepared by Mainiero, Smith and Associates, originally dated October
16, 2003. The Hydrology Report shall be finalized to include catch basin sizing,
storm drainpipe sizing, and retention/detention basin sizing calculations and
other specifications for construction of required on-site storm drainage
improvements.
126. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
127. The project is subject to flood control and drainage implementation fees and/or
construction of drainage facilities in accordance with the approved Master
Drainage Plan for the Palm Springs Area. The acreage drainage fee at the
present time is $6,511 per acre per Resolution No. 15189 and shall be paid prior
to issuance of building permits. The developer may receive credit toward
drainage acreage fees otherwise due with regard to the estimated cost of the
construction of Storm Drain Line 3 Laterals 313, 3C and 3D. Coordination with
Riverside County Flood Control District (RCFC) shall be required to determine
credit for deletion of previously Master Planned storm drain facilities, and to
determine that the proposed on-site storm drainage system provides an
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acceptable alternative to the construction of the Master Planned storm drain
facilities. If required as a condition of credit for storm drainage implementation
fees, a cooperative agreement between the developer, the City of Palm Springs,
and RCFC shall be established to identify the specific credit for storm drainage
implementation fees related to the deletion of Laterals 313, 3C and 3E from the
Master Drainage Plan. Collection of storm drainage implementation fees shall
continue to be required, however, for future construction of Master Planned storm
drain facilities adjacent to the project, including Storm Drain Line 3, Lateral 3A
and Lateral 3E.
128. Construct required drainage improvements, including but not limited to catch
basins, storm drain lines, and outlet structures, for drainage of on-site streets into
retention basins, as described in a final Hydrology Report for Tentative Tract Map
31848 as approved by the City Engineer.
129. All on-site storm drain systems shall be privately maintained by a Homeowners
Association and or Golf Course owner. Provisions for maintenance of the on-site
storm drain systems shall be included in Codes, Covenants and Restrictions
(CC&R's) for this project, and shall be provided to the City Engineer for review
and approval prior to approval of the final map.
GENERAL
130. 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.
131. All proposed utility lines shall be installed underground.
132. All existing utilities shall be shown on the improvement plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
133. 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
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
134. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing overhead electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on-site, adjacent to and/or
transecting the property, shall be installed underground unless specific
restrictions are shown in General Orders 95 and 128 of the California Public
Utilities Commission and service requirements published by the utilities.
135. Nothing shall be constructed or planted in the corner cut-off area of any driveway
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or intersection 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.
136. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per
City of Palm Springs Standard Drawing No. 904.
MAP
137. 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 first review of the Final Map. The Final
Map shall be approved by the City Council prior to issuance of building permits.
In the event the Tentative Tract Map is phased into multiple Final Maps, the
developer shall submit appropriate security for construction of all required off-site
public street improvements with the first Final Map submitted for approval.
138. Abandonment of record easements across the property shall be performed in
conjunction with or prior to approval of a final map. The easements, identified as
an easement to Southern California Edison recorded December 14, 1948, in
Book 1035, Page 417; and an easement to Southern California Edison recorded
as Document No. 72-160821, shall be extinguished, quit claimed, relocated or
abandoned to facilitate development of the subject property. Without evidence of
the abandonment of these easements, proposed individual lots encumbered by
these existing record easements are rendered unbuildable, until such time as
these easements are removed of record and are not an encumbrance to the
affected lots.
TRAFFIC
139. The original traffic impact study titled "Palm Springs Village Planned
Development District Traffic Impact Study", prepared by Endo Engineering dated
September 2003 (as amended) shall be revised to address the additional access
point into the development (the West Entrance) on Indian Canyon Drive.
Modifications, additions and deletions to the traffic impact measures outlined in
the original study (as previously amended) shall be required, as reviewed and
approved by the City Engineer. The revised traffic impact study shall be
submitted to the City Engineer for review and approval prior to submittal of
improvement plans and/or final map associated with the development.
140. Submit traffic striping and signage plans prepared by a California registered Civil
Engineer to the Engineering Division for review and approval. All required traffic
striping and signage improvements shall be completed in conjunction with
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required street improvements.
141. Install street name signs at each intersection in accordance with City of Palm
Springs Standard Drawing No. 620-625.
142. Furnish and install a 9500-lumen high-pressure sodium vapor safety street light
with glare shield on a marbelite pole on the southwest corner of the Sunrise
Parkway and the East Entrance. The developer shall coordinate with Southern
California Edison for required permits and work orders necessary to provide
electrical service to the street light.
143. A 30 inch STOP sign and standard STOP BAR and STOP LEGEND shall be
installed in accordance with City of Palm Springs Standard Drawing No. 620-625
at on-site street intersections as required by the City Engineer.
144. The following mitigation measures, as determined by the report titled "Palm
Springs Village Planned Development District Traffic Impact Study", prepared by
Endo Engineering dated September 2003 (as amended) shall be addressed as
follows:
A. Design and install a traffic signal at the Indian Canyon Drive and Sunrise
Parkway intersection. Installation of the traffic signal shall be required in
conjunction with the complete extension of the Sunrise Parkway from
Sunrise Way to Indian Canyon Drive; or, shall be required in conjunction
with construction of the Sunrise Parkway from Indian Canyon Drive to the
North Entrance and issuance of the 100th certificate of occupancy within
the development. The developer may request preparation of a
Reimbursement Agreement, which may allow for reimbursement of up to
82.9% of the total cost to design and install the traffic signal. If requesting
a Reimbursement Agreement, the developer shall submit a $2,000 deposit
for preparation of the Reimbursement Agreement by the City Attorney,
and shall be subject to actual costs required for its preparation.
B. Install traffic striping improvements at the Avenida Caballeros and San
Rafael Drive intersection to provide a south bound left-turn lane, south
bound through/right-turn lane, additional west bound through lane, north
bound left-tum lane, and north bound through/right-turn lane. Traffic
striping shall be installed in conjunction with the extension of Avenida
Caballeros through the proposed development. -
C. Provide a northbound left-turn lane and northbound right-turn lane at the
North Entrance and Sunrise Parkway; including a north bound stop
control.
D. Provide an eastbound left-turn lane and eastbound right-tum lane at the
East Entrance and Sunrise Parkway; including an east bound stop control.
E. Payment in an amount equal to 44.7% of the cost to design and install a
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traffic signal at the intersection of San Rafael Drive and Sunrise Way shall
be made to the City. Payment shall be reimbursed to others responsible
for the design and installation of the traffic signal, in accordance with the
terms of a Reimbursement Agreement between the City and the
responsible parties. Payment shall be made within 30 days notice to the
developer.
F. Payment in an amount equal to 15.5% of the estimated cost to construct
an additional southbound left-turn lane at the Sunrise Way and Vista
Chino intersection shall be made to the City. An engineer's estimate for
the construction of the required improvement shall be submitted to the City
Engineer for review and approval prior to approval of a Final Map.
Payment shall be made prior to issuance of a certificate of occupancy.
G. Payment in 'an amount equal to 11.0% of the cost to construct an
additional northbound right-turn lane and southbound left-tum lane at the
Farrell Drive and Vista Chino intersection shall be made to the City. An
engineer's estimate for the construction of the required improvement shall
be submitted to the City Engineer for review and approval prior to approval
of a Final Map. Payment shall be made prior to issuance of a certificate of
occupancy.
145. A minimum of 48 inches of sidewalk clearance shall be provided around all street
furniture, fire hydrants and other aboveground facilities for ADA accessibility.
146. All damaged, destroyed, or modified pavement legends and striping associated
with the proposed development shall be replaced as required by the City
Engineer prior to issuance of a certificate of occupancy.
147. 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.
148. This property is subject to the Transportation Uniform Mitigation Fee, which shall
be paid prior to issuance of building permits.
END OF CONDITIONS