HomeMy WebLinkAbout24178 RESOLUTION NO. 24178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A
TENTATIVE TRACT MAP (TTM 37210) FOR A 64 UNIT
CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT
2000 NORTH INDIAN CANYON DRIVE.
THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS:
A. Palm Springs Modern Construction, ("Applicant') has filed an application with the
City pursuant to Chapter 9.62 of the City's Municipal Code (Maps) and the State of
California Subdivision Map Act (Cal Gov't Code 66410 et seq.) for a Tentative Tract
Map for condominium purposes located at 2000 North Indian Canyon Drive, Zone R-
3, Section 2 (Project).
B. On January 11, 2017, the Planning Commission held a public hearing on the
Project to consider a Planned Development District Case 5.1395 PD 383; a Major
Architectural Application Case 3.3963 MAJ; a Tentative Tract Map Case TTM 37210
and a Mitigated Negative Declaration in accordance with applicable law and voted
unanimously to recommend approval of the Project to the City Council.
C. On February 15, 2017, the City Council held a public meeting on the Project and
voted to approve Tentative Tract Map 37210 for a 64-unit condominium complex.
D. On February 15, 2017 a public hearing on the applications for the Project was
held by the City Council in according with applicable law. The City Council has
carefully reviewed and considered all of the evidence presented in connection with
the hearing on the Project, including, but not limited to, the staff report, and all
written and oral testimony presented.
E. Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of California
Subdivision Map Act Section 66474, the City Council finds:
a. The proposed Tentative Tract Map is consistent with all applicable
general and specific plans.
Tentative Tract Map 37210 proposes two lots; Parcel 1 containing the Riviera Hotel
and Parcel 2 for the 64@Riv condominium complex. The TTM is for condominium
purposes and will include a note relative to open space requirement for both parcels.
The proposed density is below the maximum density range specified by the Tourist
Resort Commercial General Plan Land Use designation. Therefore, the Project is
consistent with this finding.
Resolution No. 24178
Page 2
b. The design and improvements of the proposed Tentative Tract Map
are consistent with the zone in which the property is located.
The Project design and improvements are consistent with the Tourist Resort
Commercial Land Use designations in which the property is located. The R-3 multi-
family residential zoning designation allows for the development of the property as
condominium units and the Project is consistent with the development standards in
terms of setbacks, building heights, and open space and the proposal is consistent
with this finding.
c. The site is physically suited for this type of development.
The existing vacant building and tennis club will be razed and the relatively flat site
graded to accommodate the proposed development. Site modifications include
improvement to an existing entry driveway along North Indian Canyon Drive, and a
new entrance from Via Escuela. The Project consists of eight (8) two-story buildings
with eight (8) units in each building for a total of 64 condominium units on a 5.22-
acre site. The site is serviced by existing utilities and street network and will allow
for the redevelopment of the parcel as a residential community.
d. The site is physically suited for the proposed density of development.
The proposed density is appropriate for the number of units proposed and is
consistent with the maximum allowed by both the General Plan Tourist Resort
Commercial (TRC) Land Use designation, and the R-3 zoning classification.
Therefore, the site is physically suited for the proposed density of development. The
concept of sharing open space between the subject property and the adjacent Riviera
Hotel resulting in a combined 45% will allow the parcel to redevelop as a viable multi-
family development while meeting the requirements of the zone. In addition, the
density as proposed is similar to adjacent condominium projects to the north and east.
e. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Tract Map and associated Planned Development District have been
reviewed under the California Environmental Quality Act, and a Mitigated Negative
Declaration is proposed for adoption. Mitigation measures have been included which
will reduce potential impacts to less than significant levels. The Project will therefore
not damage or injure, wildlife or their habitats.
Resolution No. 24178
Page 3
f. The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
The design of the proposed condominium complex includes connections to all public
utilities including water and sewer systems. The layout of internal private streets
provides access to each unit along with adequate off-street parking. No serious public
health problems are anticipated.
g. The design of the subdivision or type of improvements will not conflict
with easements, acquired by the public at large, for access through or use
of the property within the proposed subdivision.
There are no known public easements across the subject property; therefore the
design of the Project will not conflict with easements for access through or use of the
property. Any utility easements can be accommodated within the project design.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS:
SECTION 1. CEQA.
The Project is considered a "project" pursuant to the California Environmental Quality
Act (CEQA). An IS/MND has been prepared for the Project that evaluates the potential
environmental impacts of the Project. The City Council has reviewed and considered
the information in the final IS/MND and has, buy separate resolution, adopted the
Mitigated Negative Declaration in accordance with CEQA.
SECTION 2. Tentative Tract Mao.
Based upon the foregoing, the City Council hereby approves of Tentative Tract Map
37210 for condominium purposes located at 2000 North Indian Canyon Drive subject to
the conditions of approval attached herein as Exhibit A.
Resolution No. 24178
Page 4
ADOPTED THIS 15T" DAY OF FEBRUARY, 2017.
David H. Ready, Esq
City Manager
ATTEST:
J
Kathleen D. Hart, MMC
Interim City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, Kathleen D. Hart, Interim City Clerk of the City of Palm Springs, hereby certify
that Resolution No. 24178 is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on the 15 h day of
February, 2017, by the following vote:
AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and
Mayor Moon
NOES: None
ABSENT: None
ABSTAIN: None
RECUSED: None y
Kathleen D. Hart, MMC
Interim City Clerk
RESOLUTION NO. 24178
EXHIBIT A
Planned Development District 5.1395 PD 383
Major Architectural 3.3963 MAJ
Tentative Tract Map 37210 TTM
Sixty-Four Unit Condominium Complex located at
2000 North Indian Canyon Drive
February 15, 2017
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 Services, the Director of
Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on
which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
5.1395 PD 383; 3.3963 MAJ and TTM 37210;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped December 21, 2016,
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Tentative Map. This approval is for Tentative Tract Map 37210 and will
delineate Lot 1 (Riviera Hotel) and Lot 2 (64@Riv) with the removal of two
notes from Parcel Map 9475. TTM 37210 will add a new note as stated:
Resolution No.24178
Conditions of Approval—Page 2
"Lot 2 shall be burdened by a non-exclusive easement for open space
for the benefit of Lot 1 (the "open space easement'), for planning and
zoning purposes only and without any rights of use, over Lot 2,
consisting of a non-specified land area of 52,700-square feet of open
space located on Lot 2, which land area shall be credited to the
amount of open space required for Lot 1 under the Planning and
Zoning ordinances of the City of Palm Springs, to preserve the open
space easement for the benefit of Lot 1, no development shall be
permitted on Lot 2 which would reduce the open space on Lot 2 to less
than 131,250-square feet".
The approval and recording of the tract map will link the two properties
together and limit any future development or redevelopment on the two
parcels thus preserving the required open space. Parcel 2 is not being
developed to its maximum coverage leaving a surplus of 13% open space (or
52,700-square feet) to the benefit of Parcel 1 in line with the original concept
of Parcel Map 9475.
ADM 6. Indemnification. The owner shall defend indemnify, and hold harmless h s 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 5.1395 PD 383 / 3.3963 MAJ & TT'M 37210. 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.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, 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
Resolution No.24178
Conditions of Approval—Page 3
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Time Limit on Approval. Approval of the (Planned Development District
(PDD) Tentative Tract Map (TTM) and Major Architectural Applications (MAJ)
shall be valid for a period of two (2) years from the effective date of the
approval. Extensions of time may be granted by the Planning Commission
upon demonstration of good cause.
Extensions of time may be approved pursuant to Code Section 9.63.110.
Such extension shall be required in writing and received prior to the expiration
of the approval (Tentative Tract Map).
ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community-wide system
and shown on the City's master plan).
Resolution No.24178
Conditions of Approval—Page 4
ADM 12. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 13. CC&R's 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 for approval in a format to be approved by the City
Attorney. These CC&R's may 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.
ADM 14. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of
building permits, the applicant shall submit a draft declaration of covenants,
conditions and restrictions ("CC&R's") to the Director of Planning for approval
in a format to be approved by the City Attorney. The draft CC&R package
shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-inte rest.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may 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,
ADM 15. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of $3,500, for the review of the CC&R's by
the City Attorney. A $675 filing fee shall also be paid to the City Planning
Department for administrative review purposes.
ADM 16. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement
regarding the location of the project relative to roadway noise, City special
events, roadway closures for special events and other activities which may
occur in the Central Business District, Desert Museum and Desert Fashion
Plaza. Said disclosure shall inform perspective buyers about traffic, noise and
other activities which may occur in this area.
ADM 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
Resolution No.24178
Conditions of Approval—Page 5
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP)
Local Development Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the negative declaration or EIR
will be included in the plans prior to Planning Commission consideration of
the environmental assessment. Mitigation measures are defined in the CEQA
Evaluation and summarized here as follows:
i
Biological Resources:
MM 4-1 Prior to the approval of the Grading Plan, the City's Building and
Safety Department shall verify that the following note is included on
the contractor specifications to ensure compliance with the
Migratory Bird Treaty Act (MBTA):
To avoid impacts on nesting birds, vegetation on the project site
should be cleared between September 1 and February 28 of the
following year. If vegetation clearing will occur during the peak
nesting season (between March 1 and August 31), a pre-
construction survey shall be conducted by a qualified Biologist to
identify if there are any active nesting locations. If the Biologist
does not find any active nests in the impact area, then vegetation
clearing and construction work will be allowed. If the Biologist finds
an active nest in the construction area and determines that the nest
may be impacted by construction activities, the Biologist shall
delineate an appropriate buffer zone around the nest depending on
the species and the type of construction activity. Construction
activities shall be prohibited in the buffer zone until a qualified
Biologist determines that the nest has been abandoned.
Cultural Resources:
MM 5-1 In the event of an unanticipated discovery of historic or prehistoric
archaeological and paleontological resources, a qualified
archaeologist and/or paleontologist shall be contacted and given
the opportunity to examine and evaluate the discovery. The
archaeologist/paleontologist shall first determine whether an
Resolution No.24178
Conditions of Approval—Page 6
archaeological resource uncovered during construction is a unique
archaeological resource pursuant to Section 21083.2(g) of the
California Public Resources Code or a historical resource pursuant
to Section 15064.5(a) of the State CEQA Guidelines. If the
discovered resource is determined to be a unique archaeological or
paleontological resource or a historical resource, the Archaeologist
shall formulate a Mitigation Plan in consultation with the City of
Palm Springs that satisfies the requirements of the above-listed
regulations.
The Mitigation Plan can include, but is not necessarily limited to,
excavation of the deposit in accordance with a cultural resource
mitigation or data recovery plan that makes provisions for
adequately recovering the scientifically consequential information
from and about the resource (see California Code of Regulations,
Title 4[3], Section 15126.4[b][3][C]). The data recovery plan shall be
prepared prior to any excavation and shall include provisions for
sharing of information with interested Tribes. The data recovery
plan shall employ standard archaeological field methods and
procedures; laboratory and technical analyses of recovered
archaeological materials; production of a report detailing the
methods, findings, and significance of the cultural site and
associated materials; curation of archaeological materials at an
appropriate facility for future research and/or display; an interpretive
display of recovered cultural materials at a local school, museum,
or library; and public lectures at local schools and/or historical
societies on the findings and significance of the site and recovered
materials.
The data recovery plan shall be implemented and the results of the
data recovery plan shall be deposited with the regional California
Historical Resources Information Center(CHRIS) repository.
Noise:
MM 12-1 Prior to the issuance of the grading permit, the Project Developer
shall submit plans and/or contract specifications to the City
Engineer that include noise reduction measures to be implemented
during demolition and construction activities, as feasible, including
the following:
• All construction equipment (fixed or mobile) shall be
equipped with properly operating and maintained mufflers,
consistent with or exceeding manufacturers' standards.
• Construction equipment engine enclosures and covers, as
provided by manufacturers, shall be in place during
operation.
Resolution No.24178
Conditions of Approval—Page 7
• Stationary construction equipment shall be placed as far as
feasible from the residences to the east so that the emitted
noise is directed away from these residences.
• Equipment and materials staging areas shall be located
farthest from existing residences, as feasible
• Construction equipment shall be shut down when not in use.
• Haul truck deliveries shall be limited to the construction time
limits allowed by the City.
• The use of large bulldozers or large loaded trucks shall be
prohibited within 25 feet of existing residences to the east.
MM 12-2 The following interior noise reduction elements shall be
incorporated into the design and construction of the condominium
units in buildings located along Indian Canyon Drive and that have
exterior walls facing Indian Canyon Drive to ensure that the interior
noise level does not exceed 45 dBA Community Noise Equivalent
Level (CNEL):
• Air conditioning or a mechanical ventilation system shall be
provided in each unit;
• Windows and sliding glass doors shall be double-paned
glass and mounted in low air infiltration rate frames (0.5 cfm
or less, per American National Standard Institute [ANSI]
specifications);
• Solid core exterior doors shall have perimeter weather
stripping and threshold seals;
• Exterior walls shall consist of stucco or brick veneer. Wood
siding with a '/z-inch minimum thickness fiberboard
undedayer shall be used as an alternative;
• Glass in windows and doors facing Indian Canyon Drive
shall not exceed 20 percent of the floor area in a room; and
• Roof or attic vents facing Indian Canyon Drive shall be
baffled.
Traffic:
MM 16-1 As part of the proposed median improvements on Indian Canyon
Drive, a right-in/right-out only access with a raised median along
North Indian Canyon Drive prohibiting left-tums in/out of the project
site. Full turning movements permitted at secondary entrance from
Via Esceula.
ENV 3. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check Payable to the
Riverside County Clerk prior to the final City action on the project (either
Resolution No.24178
Conditions of Approval—Page 8
Planning Commission or City Council determination). 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. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfq.ca.gov for more information.
ENV 4. Cultural Resource Survey Required. 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.
ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
a). 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. After
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to further
investigate the site. If necessary, the Qualified Archaeologist shall
prepare a treatment plan for submission to the State Historic Preservation
Officer and Agua Caliente Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site records/updates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
Resolution No. 24178
Conditions of Approval—Page 9
submittal to the City, landscape plans shall also be certified by the local water
agency that they are in conformance with the water agency's and the State's
Water Efficient Landscape Ordinances.
PLN 2. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
PLN 3. Notice to future buyers on views. All prospective buyers of units shall be
notified that there are no written or implied rights to the preservation of scenic
views from the parcel.
PLN 4. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
may not be terminated or substantially amended without the consent of
the City and the developer's successor-in-interest.
PLN 5. Pedestrian gates to be provided at the two main entrances to the
development.
PLN 6. The project shall be required to provide secure bicycle parking facilities on
site for use by residents and visitors. Location and design shall be approved
by the Director of Planning.
PLN 7. CC&R's to restrict short term rental to no less than thirty (30) days.
Conditions imposed by Planning Commission
PLN 8. A total of 52,700-square feet shall remain as open space and recorded as a
deed restriction.
PLN 9. Carports to be painted to match the main body of the buildings.
PLN 10. Planning Commission approves the use of vehicular entry/exit access gates.
Resolution No.24178
Conditions of Approval—Page 10
PLN 11. Pedestrian gates to be open and unlocked from sun-up to sun-down.
Developer may request that the Planning Commission reexamine this
condition after one year of build-out.
PLN 12. Planning Commission has determined that the Planned Development District
approval to conform to the General Plan does not require a public benefit.
Conditions imposed by City Council
PLN 13. Palm Springs Modern Homes as the owner/developer of 64@Riv and the
Riviera Gardens Homeowners Association to grant each other easements
necessary for construction, maintenance, and repair of existing masonry wall
and wrought iron fence between both properties.
PLN 14. Easements to be shown on Tentative Tract Map 37210.
PLN 15. Palm Springs Modern Homes to repair existing masonry wall separating the
64@Riv property and the Riviera Gardens to be completed before a
Certificate of Occupancy can be granted for Building #4.
PLN 16. The applicant shall be required to design and construct a bus shelter for the
current bus stop location adjacent to the development on N. Indian Canyon
Drive. The shelter shall incorporate materials and details similar to the design
of the condominium buildings, and shall be reviewed by the Architectural
Advisory Committee prior to issuance of permits for the shelter. Construction
of the shelter shall be completed prior to the issuance of a Certificate of
Occupancy for the first residential building of the development.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 `Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT CONDITIONS
FID 1. These conditions are subject to final plan check and review. Initial Fire
Department conditions have been determined from the plans received and
dated June 13, 2016 in addition to a revised site plan received on November
11, 2016. Additional requirements may be required at that time based on
Resolution No.24178
Conditions of Approval—Page 11
revisions to site plans.
FID 2. Fire Department Conditions were based on the 2013 California Fire Code as
adopted by City of Palm Springs, Palm Springs Municipal Code and latest
adopted NFPA Standards. Four (4) complete sets of plans for private fire
service mains, fire alarm, or fire sprinkler systems must be submitted at time
of the building plan submittal. No deferred submittals accepted.
FID 3. PLANS AND PERMITS
Complete plans for private fire service mains or fire sprinkler systems should
be submitted for approval well in advance of installation. Plan reviews can
take up to 20 working days. Submit a minimum of four (4) sets of drawings for
review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM — 6:00 PM, Monday—Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. Inspection fees are charged at the fully burdened hourly rate of the
fire inspector. These fees are established by Resolution of the Palm Springs
City Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be
UL listed or FM approved for fire protection service and approved by the Fire
Prevention Bureau prior to installation.
Plans shall indicate all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards. Plans and supportive data (calculations and
manufacturer's technical data sheets) shall be submitted with each plan
submittal. Complete and accurate legends for all symbols and abbreviations
shall be provided on the plans.
FID 4. Conditions of Approval — "Conditions of Approval" received from the Palm
Springs Planning Department must be submitted with each plan set. Failure
to submit will result in a delay of plan approval.
Resolution No.24178
Conditions of Approval—Page 12
FID 5. Surface (CFC 503.2.3): 24 foot minimum fire apparatus access roads shall be
designed and maintained to support the imposed loads of fire apparatus
(73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving
capabilities.
• Fire Lanes — signage and/or curb markings required.
Project Note — all private streets within the project are designated fire
apparatus access roads with no parking on either side.
FID 6. Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the fire code official. Where
security gates are installed, they shall have an approved means of emergency
operation. Secured automated vehicle gates or entries shall utilize a
combination of a Tomar StrobeswitchT1, or approved equal and an approved
Knox key electric switch. Electric gate operators, where provided, shall be
listed in accordance with UL 325. Gates intended for automatic operation shall
be designed, constructed and installed to comply with the requirements of
ASTM F 2200 and an approved Knox key electric switch. Secured non-
automated vehicle gates or entries shall utilize an approved padlock or chain
(maximum link or lock shackle size of /< inch). Approved security gates shall
be a minimum of 14 feet in unobstructed drive width on each side with gate in
open position.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without
the use of special knowledge or any equipment. If a two-gate system is used,
the override switch must open both gates.
If there is no sensing device that will automatically open the gates for exiting,
a fire department approved Knox electrical override switch shall be placed on
each side of the gate in an approved location.
A final field inspection by the fire code official or an authorized representative
is required before electronically controlled gates may become operative Prior
to final inspection electronic gates shall remain in a locked-open position.
FID 7. Key Box Required (CFC 506.1): Where access to or within a structure or an
area is restricted because of secured openings or where immediate access is
necessary for life-saving or fire-fighting purposes, the fire code official is
authorized to require a key box to be installed in an approved location. The
key box shall be flush mount type and shall contain keys to gain necessary
access as required by the fire code official.
Resolution No.24178
Conditions of Approval—Page 13
FID 8. NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13R, 2013 Edition, as modified by local ordinance.
Shall comply with Palm Springs Fire Code Appendix L.
FID 9 Require Fire Flow (CFC B101.0): Fire flow requirements for this project =
2,000 GPM; 2-hour duration.
FID 10 Operational Fire Hydrant(s) (CFC 507.1, 507.5 & C105.1): An approved
water supply capable of supplying the required fire flow for fire protection shall
be provided.
• Maximum distance from any point on street frontage to a public hydrant
— 250 feet.
• Operational fire hydrant(s) shall be installed within 250 feet of all
combustible construction and shall be serviceable prior to and during
construction
FID 11 Fire Extinguisher Requirements (CFC 906): Provide one (1) 2A-10B:C
portable fire extinguisher for every 75 feet of floor or grade travel distance for
normal hazards. Show proposed extinguisher locations on the plans.
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet
above floor level.
FID 12 Residential Smoke and Carbon Monoxide Alarms Installation (CFC
907.2.11.2/3/4; CRC R314 & R315; and California Health & Safety Code
17926): Provide and install Residential Smoke and Carbon Monoxide Alarms.
Alarms shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. In new construction, alterations, repairs and
additions, smoke and carbon monoxide alarms shall be interconnected. The
operation of any smoke alarm will cause all smoke alarms within the dwelling
to sound. The operation of any carbon monoxide alarm will cause all carbon
monoxide alarms within the dwelling to sound.
FID 13 Hazardous Materials (CFC 5004.1): Storage of hazardous materials in
amounts exceeding the maximum allowable quantity per control area as set
forth in Section 5003.1 shall be in accordance with Sections 5001, 5003 and
5004. Storage of hazardous materials in amounts not exceeding the
maximum allowable quantity per control area as set forth in Section 5003.1
Resolution No.24178
Conditions of Approval—Page 14
shall be in accordance with Sections 5001 and 5003. Retail and wholesale
storage and display of nonflammable solid and nonflammable and
noncombustible liquid hazardous materials in Group M occupancies and
Group S storage shall be in accordance with Section 5003.11 .
Pool Chemicals — dedicated, compliant storage cabinets, rooms, or areas
required
• Liquid Petroleum Gas (LPG) — dedicated, compliant storage cabinets,
rooms, or areas required
Project Note: Show pool chemical storage room on plans.
FID 14 Building and Facilities (CFC 503.1.1): Approved fire apparatus access roads
shall be provided for every facility, building or portion of a building hereafter
constructed or moved into or within the jurisdiction. The fire apparatus access
road shall comply with the requirements of this section and shall extend to
within 150 feet of all portions of the facility and all portions of the exterior walls
of the first story of the building as measured by an approved route around the
exterior of the building or facility.
FID 15 Turning Radius (CFC 503.2.4): Fire access road turns and corners shall be
designed with a minimum inner radius of 25 feet and an outer radius of 43
feet. Radius must be concentric.
FID 16 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be
prohibited unless approved by the fire code official.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
ENG 1 . Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit. All improvements are subject to inspection
and a 24 to 48 hour inspection notification is required.
NORTH INDIAN CANYON DRIVE
Resolution No.24178
Conditions of Approval—Page 15
ENG 2. Remove existing driveway improvements and replace with a 6 inch curb
and gutter and applicable sidewalk to match existing, 38 feet east of
centerline along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 200.
ENG 3. Construct a 50 feet wide driveway approach in accordance with City of
Palm Springs Standard Drawing No. 205. The centerline of the driveway
approach shall be located a minimum of 152 feet north of the most
southerly property line.
ENG 4. Remove existing curb ramp and construct a type A curb ramp meeting
current California State Accessibility standards at the southeast corner of
the intersection of North Indian Canyon Drive and Via Escuela in
accordance with City of Palm Springs Standard Drawing No. 212.
ENG 5. Construct a 14-feet wide raised, landscaped median island as specified by
the City Engineer across the entire frontage. Landscaping and irrigation
plans for the median shall be submitted to the City Engineer for review
and approval, in conjunction with the associated street improvement
plans.
ENG 6. The irrigation system shall be separately metered from the parkway
landscaping to be maintained by the applicant, for future use by the City
upon acceptance of the median landscaping by the City.
ENG 7. All median landscaping shall be guaranteed for a period of one year from
the date of acceptance by the City Engineer. Any landscaping that fails
during the one year landscape maintenance period shall be replaced with
similar plant material to the satisfaction of the City Engineer, and shall be
subject to a subsequent one year landscape maintenance period.
ENG 8. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
VIA ESCUELA
ENG 9. The existing driveway location is to be used for proposed "fire exit'
approach, and to be reconstructed in accordance with City of Palm
Springs Standard Drawing No. 205.
ENG 10. Construct a 50 feet wide driveway approach in accordance with City of
Palm Springs Standard Drawing No. 205. The centerline of the driveway
approach shall be located a minimum of 150 feet west of the centerline of
Indian Canyon Drive.
ENG 11. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
Resolution No.24178
Conditions of Approval—Page 16
ON-SITE
ENG 12. The minimum pavement section for all on-site pavement (specify drive
aisles, parking spaces, etc.) shall be 2-1/2 inches asphalt concrete
pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. If an
alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the
City Engineer for approval.
ENG 13. On-site drive aisles (or parking lot) shall be constructed with curbs,
gutters, and cross-gutters, as necessary to accept and convey street
surface drainage of the on-site streets to the on-site drainage system,
in accordance with applicable City standards.
ENG 14. Parking shall be restricted along both sides of the 26 feet wide drive
aisles. Regulatory Type R26 "No Parking" signs or red curb shall
be installed along the drive aisles as necessary to enforce parking
restrictions. A Home Owners Association shall be responsible for
regulating and maintaining required no parking restrictions, which
shall be included in Covenants, Conditions, and Restrictions
required for the development.
SANITARY SEWER
ENG 15. All on-site sewer systems shall be privately maintained by a Home
Owners Association (HOA). Provisions for maintenance of the on-
site sewer system acceptable to the City Engineer shall be included
in the Covenants, Conditions and Restrictions (CC&R's) required
for this project.
ENG 16. If an on-site private sewer system is proposed to collect sewage
from the development and connect to the existing public sewer
system, sewer plans shall be submitted to the Engineering Division
for review and approval. Private on-site sewer mains for residential
projects shall conform to City sewer design standards, including
construction of 8 inch V.C.P. sewer main and standard sewer
manholes. Sewer manhole covers shall be identified as "Private
Sewer'. A profile view of the on-site private sewer mains is not
necessary if sufficient invert information is provided in the plan
view, including elevations with conflicting utility lines. Plans for
sewers other than the private on-site sewer mains, i.e. building
sewers and laterals from the buildings to the on-site private sewer
Resolution No.24178
Conditions of Approval—Page 17
mains, are subject to separate review and approval by the Building
Division.
GRADING
Submit a Precise Grading Plan prepared by a California registered Civil engineer to the
Engineering Division for review and approval. The Precise Grading Plan shall be
approved by the City Engineer prior to issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be required
to comply with Chapter 8.50 of the City of Palm Springs Municipal Code,
and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures' as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and
valid Certificate(s) of Completion from AQMD for staff that has completed
the required training. For information on attending a Fugitive Dust Control
Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact AQMD
at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control
Handbook, shall be submitted to and approved by the Engineering
Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Site Plan; a
copy of current Title Report; a copy of Soils Report; a copy of the
associated Hydrology Study and a copy of the project-specific Water
Quality Management Plan.
ENG 17. Prior to approval of issuance of a Grading Permit, the applicant shall
obtain written approval to proceed with construction from the Agua
Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or
Tribal Archaeologist. The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at ACBCI-
THPO(o)aguacaliente.net to determine their requirements, if any,
associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as
early as possible. If required, it is the responsibility of the applicant to
coordinate scheduling of Tribal monitors during grading or other
Resolution No.24178
Conditions of Approval—Page 18
construction, and to arrange payment of any required fees associated with
Tribal monitoring.
ENG 18. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed. Fencing shall have screening
that is tan in color; green screening will not be allowed. Temporary dust
control perimeter fencing shall be installed after issuance of Grading
Permit, and immediately prior to commencement of grading operations.
ENG 19. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required b the City Engineer. Cuts vents made into the
q Y Y 9 (vents)
perimeter fence screening shall not be allowed. Perimeter fencing shall
be adequately anchored into the ground to resist wind loading.
ENG 20. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed
areas on-site shall be permanently stabilized, in accordance with Palm
Springs Municipal Code Section 8.50.022. Following stabilization of all
disturbed areas, perimeter fencing shall be removed, as required by the
City Engineer.
ENG 21. A Notice of Intent (NOI) to comply with the California General Construction
Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified
September 2, 2009) is required for the proposed development via the
California Regional Water Quality Control Board online SMARTS system.
A copy of the executed letter issuing a Waste Discharge Identification
(WDID) number shall be provided to the City Engineer prior to issuance of
a grading or building permit.
ENG 22. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000
square feet or more) at the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 23. A Geotechnical/Soils Report prepared by a California registered
Geotechnical Engineer shall be required for and incorporated as an
integral part of the grading plan for the proposed development. A copy of
the Geotechnical/Soils Report shall be submitted to the Engineering
Division with the first submittal of a. grading plan (if required) or prior to
issuance of any permit.
ENG 24. The applicant shall provide pad elevation certifications for all building pads
in conformance with the approved grading plan (if required), to the
Engineering Division prior to construction of any building foundation.
Resolution No.24178
Conditions of Approval—Page 19
ENG 25. In cooperation with the Riverside County Agricultural Commissioner and
the California Department of Food and Agriculture Red Imported Fire Ant
Project, applicants for grading permits involving a grading plan and
involving the export of soil will be required to present a clearance
document from a Department of Food and Agriculture representative in
the form of an approved "Notification of Intent To Move Soil From or
Within Quarantined Areas of Orange, Riverside, and Los Angeles
Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208).
WATER QUALITY MANAGEMENT PLAN
ENG 26. This project shall be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP's) included as part of the NPDES Permit
issued for the Whitewater River Region from the Colorado River Basin
Regional Water Quality Control Board (RWQCB). The applicant is
advised that installation of BMP's, including mechanical or other means for
pre-treating contaminated stormwater and non-stormwater runoff, shall be
required by regulations imposed by the RWQCB. It shall be the
applicant's responsibility to design and install appropriate BMP's, in
accordance with the NPDES Permit, that effectively intercept and pre-treat
contaminated stormwater and non-stormwater runoff from the project site,
prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such
measures shall be designed and installed on-site; and provisions for
perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants,
Conditions, and Restrictions (CC&R's) required for the development (if
any.
ENG 27. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a
grading or building permit. The WQMP shall address the implementation
of operational Best Management Practices (BMP's) necessary to
accommodate nuisance water and storm water runoff from within the
underground parking garage and the on-site private drive aisles. Direct
release of nuisance water to adjacent public streets is prohibited.
Construction of operational BMP's shall be incorporated into the Precise
Grading and Paving Plan.
a. Prior to issuance of any grading or building permits, the property owner
shall record a "Covenant and Agreement" with the County-Clerk Recorder
Resolution No.24178
Conditions of Approval—Page 20
or other instrument on a standardized form to inform future property
owners of the requirement to implement the approved Final Project-
Specific Water Quality Management Plan (WQMP). Other alternative
instruments for requiring implementation of the approved Final Project-
Specific WQMP include: requiring the implementation of the Final Project-
Specific WQMP in Home Owners Association or Property Owner
Association Covenants, Conditions, and Restrictions (CC&Rs); formation
of Landscape, Lighting and Maintenance Districts, Assessment Districts or
Community Service Areas responsible for implementing the Final Project-
Specific WQMP; or equivalent. Alternative instruments must be approved
by the City Engineer prior to issuance of any grading or building permits.
b. Prior to issuance of certificate of occupancy or final City approvals (OR of
"final" approval by City), the applicant shall:
c. Demonstrate that all structural BMPs have been constructed and installed
in conformance with approved plans and specifications;
d. Demonstrate that applicant is prepared to implement all non-structural
BMPs included in the approved Final Project-Specific Water Quality
Management Plan (WQMP), conditions of approval, or grading/building
permit conditions; and
e. Demonstrate that an adequate number of copies of the approved Final
Project-Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
ENG 28. All stormwater runoff passing through the site shall be accepted and
conveyed across the property in a manner acceptable to the City
Engineer. For all stormwater runoff falling on the site, on-site retention or
other facilities approved by the City Engineer shall be required to contain
the increased stormwater runoff generated by the development of the
property. Provide a hydrology study to determine the volume of increased
stormwater runoff due to development of the site, and to determine
required stormwater runoff mitigation measures for the proposed
development. Final retention basin sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
hydrology study by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the
final hydrology study. No more than 40-50% of the street frontage
parkway/setback areas should be designed as retention basins. On-site
open space, in conjunction with dry wells and other subsurface solutions
should be considered as alternatives to using landscaped parkways for
on-site retention. Hydrology study shall be expanded to determine
Resolution No.24178
Conditions of Approval—Page 21
impacts to off-site properties affected by historic drainage and
drainage from the proposed site.
ENG 29. The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $ 6511.00 per acre in
accordance with Resolution No. 15189. Fees shall be paid prior to
issuance of a building permit.
ENG 30. All on-site storm drain systems shall be privately maintained by a
Homeowners Association (HOA). Provisions for maintenance of the on-
site storm drain systems acceptable to the City Engineer shall be included
in Covenants, Conditions and Restrictions (CC&R's) required for this
project.
GENERAL
ENG 31. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall
be backfilled and repaired in accordance with City of Palm Springs
Standard Drawing No. 115. The developer shall be responsible for
removing, grinding, paving and/or overlaying existing asphalt concrete
pavement of off-site streets as required by and at the discretion of the City
Engineer, including additional pavement repairs to pavement repairs made
by utility companies for utilities installed for the benefit of the proposed
development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Verizon, Mission
Springs Water District, etc.). Multiple excavations, trenches, and other
street cuts within existing asphalt concrete pavement of off-site streets
required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off-site streets, at the discretion of
the City Engineer. The pavement condition of the existing off-site streets
shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 32. All proposed utility lines shall be installed underground.
ENG 33. All existing utilities shall be shown on the improvement plans if required for
the project. The existing and proposed service laterals shall be shown
from the main line to the property line.
ENG 34. Upon approval of any improvement plan (if required) by the City Engineer,
the improvement plan shall be provided to the City in digital format,
consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII
drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Variation of the type and format of the digital data to be submitted to the
City may be authorized, upon prior approval by the City Engineer.
Resolution No.24178
Conditions of Approval—Page 22
ENG 35. The original improvement plans prepared for the proposed development
and approved by the City Engineer (if required) shall be documented with
record drawing "as-built' information and returned to the Engineering
Division prior to issuance of a final certificate of occupancy. Any
modifications or changes to approved improvement plans shall be
submitted to the City Engineer for approval prior to construction.
ENG 36. Nothing shall be constructed or planted in the corner cut-off area of
any driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
ENG 37. All proposed trees within the public right-of-way and within 10 feet of
the public sidewalk and/or curb shall have City approved deep root
barriers installed in accordance with City of Palm Springs Standard
Drawing No. 904.
ENG 38. This property is subject to the Coachella Valley Multiple Species
Habitat Conservation Plan Local Development Mitigation Fee
(CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of
Building Permit.
MAP
ENG 39. The developer shall apply for an annexation to the City of Palm
Springs Community Facilities District established for public safety
services and submit required applications, waivers, and consent forms
to the annexation prior to approval of a final map. Payment of an
annexation fee ($7,500) and shall be made at the time of the
application.
ENG 40. In accordance with Government Code 66426 (c), an application for a
Tentative Tract Map shall be submitted to the Planning Department if
the subject property is proposed to be subdivided for purposes of sale,
lease, or financing of residential condominium units within the
proposed development. No building permit shall be issued until a Final
Map for condominium purposes has been approved by the City
Council.
ENG 41. 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
Resolution No. 24178
Conditions of Approval—Page 23
Engineering Division as part of the review of the Map. The Final Map
shall be approved by the City Council prior to issuance of building
permits.
ENG 42. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall
be submitted to the City Attorney for review and approval for any
restrictions related to the Engineering Division's recommendations.
The CC&R's shall be approved by the City Attorney prior to approval of
the Final Map by the City Council, or in the absence of a Final Map,
shall be submitted and approved by the City Attorney prior to issuance
of Certificate of Occupancy.
ENG 43. Upon approval of a final map, the final map shall be provided to the
City in G.I.S. digital format, consistent with the "Guidelines for G.I.S.
Digital Submission" from the Riverside County Transportation and
Land Management Agency." G.I.S. digital information shall consist of
the following data: California Coordinate System, CCS83 Zone 6 (in
U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-
of-way, and centerlines shown as continuous lines; full map annotation
consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD
containing the following: ArcGIS Geodatabase, ArcView Shapefile,
Arclnfo Coverage or Exchange file, DWG (AutoCAD 2004 drawing file),
DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats.
Variations of the type and format of G.I.S. digital data to be submitted
to the City may be authorized, upon prior approval of the City
Engineer.
TRAFFIC
ENG 44. As determined by the traffic study submitted by Kunzman Associates
on October 31, 2016, the following mitigation measure(s) will be
required:
• As part of the proposed median improvements on Indian
Canyon Drive, a right-in/right-out only access with a raised
median along North Indian Canyon Drive prohibiting left-turns
in/out of the project site. Full turning movements permitted at
secondary entrance from Via Esceula.
ENG 45. A minimum of 48 inches of clearance for accessibility shall be provided
on public sidewalks or pedestrian paths of travel. Minimum clearance
on public sidewalks shall be provided by either an additional dedication
of a sidewalk easement (if necessary) and widening of the sidewalk, or
by the relocation of any obstructions within the public sidewalk along
the frontage of the subject property.
Resolution No. 24178
Conditions of Approval—Page 24
ENG 46. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, striping, and street lights, associated with the
proposed development shall be replaced as required by the City
Engineer prior to issuance of a Certificate of Occupancy.
ENG 47. Construction signing, lighting and barricading shall be provided during
all phases of construction 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 Part 6 'Temporary Traffic
Control" of the California Manual on Uniform Traffic Control Devices
(CAMUTCD), dated November 7, 2014, or subsequent editions in force
at the time of construction.
ENG 48. This property is subject to the Transportation Uniform Mitigation Fee
which shall be paid prior to issuance of building permit.
END OF CONDITIONS