HomeMy WebLinkAbout24145 RESOLUTION NO. 24145
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A ONE-
YEAR TIME EXTENSION FROM SEPTEMBER 17, 2016 TO
SEPTEMBER 16, 2017 FOR TENTATIVE TRACT MAP
36689 AND TENTATIVE PARCEL MAP 36767, AS
REQUESTED BY THE ARMADA REAL ESTATE GROUP,
LLC FOR "VIBE"; A RESIDENTIAL DEVELOPMENT OF 93
MULTI FAMILY UNITS AND 72 SINGLE FAMILY HOMES
ON INDIVIDUAL LOTS ON A 24-ACRE PARCEL LOCATED
AT THE NORTHEAST CORNER OF SOUTH FARRELL
DRIVE AND EAST BARISTO ROAD, SUBJECT TO
CONDITIONS (CASE 5.1046; PDD 232 AMND / 3.3974
MAJ).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND
DETERMINES AS FOLLOWS:
A. On September 14, 2014, the City Council adopted a mitigated negative
declaration pursuant to CEQA and approved a preliminary Planned Development
District application, (Case 5.1046 PDD 232 AMND) Tentative Parcel Map 36767 and
Tentative Tract Map 36689 for a residential development titled "JUL".
B. On August 4, 2016, Armada Real Estate Group, LLC ("Applicant') filed an
application with the City, pursuant to the Palm Springs Zoning Code (PSZC) Sections
94.04.00 (Architectural Review), 94.03.00 (final Planned Development) and PSZC
Section 94.04.00 (H) and Municipal Code Section 9.63.110 (Time Extension) for a one-
year time extension on Tentative Tract Map 36689 and Tentative Parcel Map 36767, for
the proposed residential development formerly titled "JUL", and now titled "Vibe'.
C. On October 26, 2016, 2016, the Planning Commission held a public meeting in
accordance with applicable public law. At said meeting, the Planning Commission
carefully reviewed and considered all of the evidence presented in connection with the
project, including, but not limited to, the staff report, and all written and oral testimony
presented and voted to recommend that the City Council approve the one-year time
extension.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS HEREBY RESOLVES:
SECTION 1: Pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the requested time extension for TPM 36767 and TTM 36689 is considered
a project under the California Environmental Quality Act (CEQA). In connection with the
2014 project approvals, an initial study was conducted on the site analyzing the project
Resolution No. 24145
Page 2
which concluded that there were aspects of the project that may cause a significant
impact on the environment. A draft mitigated negative declaration (DMND) was
proposed and a 20-day public review period for the Draft Mitigated Negative Declaration
(DMND) was held beginning on April 17, 2014 and ending on May 6, 2014. No
comments were received that would require modification or recirculation of the DMND.
Mitigation measures that would reduce the significant impacts to a less than significant
level are imposed as part of project approval. On September 17, 2014, the City Council
adopted a mitigated negative declaration as an adequate analysis of the environmental
impacts of the proposed project.
The final Planned Development District and Major Architectural Application associated
with TTM 36689 and TPM 36767 have been reviewed by the City and it has been
concluded that there are no changes to the project since the City's initial study that
could cause any additional or new potentially significant impacts, thus the previously ,
approved Mitigated Negative Declaration (MND) stands as a complete analysis of the
project and the mitigation measures outlined remain sufficient to reduce any potentially
significant impacts to less than significant levels, and no further environmental review is
required. (Public Resources Code § 21166; Cal. Code Regulations, Title 14, § 15162.)
SECTION 2: Pursuant to Municipal Code Section 9.63.110 ("Extension of Time')
the City Council may grant a 12-month time extension on the tentative map(s). The
applicant stated the following reasons for requesting approval of a time extension:
The current owner purchased the property and closed escrow in November, 2015.
Since then, the applicant has been working diligently to refine the project and provide
solid improvements in response to the concerns expressed by the City through the
Preliminary PDD processing. The refinements include:
• Addressing comments & conditions of approval from the Preliminary PDD
including increasing the distance between the single family units.
• Established and defined the architectural aesthetic of the project (note that the
preliminary PDD did not include review and approval of the Major Architectural
Application).
• Improvements in massing of the multi-family units.
• Improvements in privacy and open space between single family units and in the
area around the multi-family units.
• Improvement and enhancement of the recreational amenities around the
common pool,
The City Council has determined that the above-noted statements represent "good
cause" for granting the time extension. The applicant has been diligent and responsive
to the City's concerns and has been prompt in submitting application materials and
clarifications on the present submittals.
Resolution No. 24145
Page 3
SECTION 3: In analyzing the time extension request, the City Council
considered the following aspects of the project:
1. What changes, if any have been made to the project's overall plan and site
configuration?
The overall plan and site configuration remain substantially in conformance with the
approved preliminary PDD, TTM, and TPM. In response to conditions imposed by the
City Council on the maps and the preliminary PDD, the applicant made improvements in
the massing of the multi-family units, added space between the single family units, and
enhanced the amenities in the common areas of the project including adding a second
dog walking area, seating areas for community gathering, enhanced landscaping and
detailing at the perimeter of the project, lengthened driveways at the single family units
to provide more guest parking, and more open space and enhancements to the
amenities adjacent to the community pool.
2. What specific steps have been taken by the applicant over the past year to
advance the project?
The project remained idle from the time of its preliminary PDD, TTM and TPM approvals
until purchased by the current applicant / owner in 2015. Since then, the applicant has
worked diligently on developing the architectural design and landscaping, responding to
the conditions of approval, and met with various city departments to clarify and confirm
the direction of the project.
3. Are there any recent developments or changes in uses within the
surrounding area?
There have been no significant developments or changes in uses in the surrounding
area. The College of the Desert (COD) is presently seeking to purchase the property
immediately west of the subject site, the now mostly vacant Palm Springs Mall, for
possible re-development of the site for the West Valley Campus of the College of the
Desert.
4. Does the project still conform to the applicable policies of the General Plan,
zoning ordinance and other regulations?
The project is generally consistent with the applicable policies of the General Plan,
zoning ordinance and other regulations. The density of-the project at just less than 7
dwelling units per acre (du/ac) conforms to the density range of 6.1 — 15 du/ac for the
medium density residential land use area in which the project is located. Through the
preliminary PDD approval process, the City allowed deviations in development
standards of the zoning code such as approving small lot sizes and non-conformance
with certain policies of the General Plan such as Policy CD14.6 which states, "Prohibit
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Page 4
gated community entries and perimeter walls around entire neighborhoods. Instead,
provide privacy through design features such as meandering streets, ample
landscaping, and house placement that provides privacy and exclusivity.".
5. Are there any off-site improvements, installation of infrastructure or other
changes within 400 feet radius of project site?
Yes, the City is implementing improvements in bikeways along Farrell Drive and has
implemented the parkway improvements along East Tahquitz Canyon Way. The project
has been conditioned in its final PDD and Major Architectural applications to require
payment of the project's proportional share of cost for the striping of the Class 2
bikeway along South Farrell Drive. These off-site improvements do not affect the tract
map or parcel map.
Based upon the foregoing, the City Council hereby approves a one-year time extension
for TTM 36689 and TPM 36767 from September 17, 2016 to September 16, 2017,
subject to conditions of approval outlined in Exhibit "A" related to Case 5.1046 PDD 232
AMND and Case 3.3975 MAJ: a Final Planned Development District and Major
Architectural Application for the construction of a residential development comprised of
72 single family detached residential units, 94 multi-family units, private streets and
common recreational open space on a 24-acre parcel located at the northeast corner of
South Farrell Drive and East Baristo Road, subject to the conditions of approval
attached herein as Exhibit "A".
ADOPTED THIS 7T" DAY OF DECEMBER, 2016.
177
David H. Ready, Esq., . .
City Manager
ATTEST:
y
Kathleen D. Hart, MMC
Interim City Clerk
Resolution No. 24145
Page 5
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. 24145 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 December 7, 2016, by
the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon
NOES: None
ABSENT: Mayor Pro Tern Mills
ABSTAIN: None.
Kathleen D. Hart, MMC
Interim City Clerk
RESOLUTION NO. 24145
EXHIBIT A
Case No. TTM 36689 /TPM 36767
"Vibe" (formerly JUL PS)
Time Extension for Tentative Tract Map and Tentative Parcel Map
Northeast Corner of South Farrell Drive and Baristo Road
December 7, 2016
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 (TTM
36689 / TPM 36767 TE); except as modified with the approved Mitigation
Monitoring Program and the conditions below:
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the TPM and TTM date stamped November 21, 2016, as
modified by the conditions below and Mitigation Measures within the Negative
Declaration.
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 Tract Map 36689. This action includes City Council approval of a
time extension from September 17, 2016 to September 16, 2017 for Tentative
Tract Map 36689 and Tentative Parcel Map 36767. This approval is subject
to all applicable regulations of the California Subdivision Map Act, the Palm
Springs Municipal Code, and any other applicable City Codes, ordinances
and resolutions.
Conditions of Approval— Exhibit"A"—Resolution No. 24145
Page 2
ADM 6. Tentative Parcel Map 36767. This action includes City Council approval for a
time extension from September 17, 2016 to September 16, 2016 for Tentative
Parcel Map 36767. This approval is subject to all applicable regulations of
the California Subdivision Map Act, the Palm Springs Municipal Code, and
any other applicable City Codes, ordinances, and resolutions.
ADM 7. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case TTM 36689 / TPM 36767. 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 8. 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, graffiti, and debris,
and in accordance with all applicable law, rules, ordinances and regulations of
all federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 9. Termination of Planned Development District. If the owner or owners of
property in the planned development district associated with these maps have
not commenced substantial construction within six (6) months from the date
of the final development plan as approved by the Planning Commission, the
planned development district shall become null and void. For good cause
shown by the property owner, the planning commission may extend the six
(6) month period required for commencing construction.
If approved by City Council, the Tentative Tract Map (TTM) and the Tentative
Parcel Map (TPM) shall be valid for a period of one (1) year as outlined in the
Time Extension resolution by the City Council. Further extensions of time
may be granted by the City Council upon demonstration of good cause.
Conditions of Approval —Exhibit"A"— Resolution No. 24145
Page 3
ADM 10. 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 11. 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 12. 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).
ADM 13. Tribal Fees NOT Required.
ADM 14. Local Development Mitigation Fee (LDMF) required. The project is subject to
payment of the LDMF fees pursuant to the requirements of the Coachella
Valley Multiple Species Habitat Conservation Plan.
ADM 15. 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 16. 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
Conditions of Approval— Exhibit"A"—Resolution No. 24145
Page 4
ADM 17. 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-i n-i me 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 18. 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 19. 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 vicinity of the Palm Springs Mall, Palm Springs High School, The
Palm Springs Stadium and Sunrise Park. Said disclosure shall inform
perspective buyers about traffic, noise and other activities which may occur in
this area.
ADM 20. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. 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
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
Conditions of Approval— Exhibit"A"— Resolution No. 24145
Page 5
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.dfg.ca.gov for more information.
ENV 2. Mitigation Monitoring. The mitigation measures of the Mitigated Negative
Declaration shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the mitigated negative declaration
will be included in the plans prior to approval by the Planning Commission of
the Final PDD and the Major Architectural Application.
ENV 3. 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 4. 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. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
Conditions of Approval— Exhibit "A"—Resolution No. 24145
Page 6
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down-lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. 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
submittal to the City, landscape plans shall also be certified by the local water
agency that they are in conformance with the water agency and the State's
Water Efficient Landscape Ordinances.
PLN 3. 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 permits and/or
program to the Department of Planning Services prior to the issuance of
building permits.
PLN 4. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for "Cool Roofs". Only matte
(non-specular) roofing is allowed in colors such as beige or tan.
PLN 5. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 6. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 7. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 8. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
PLN 9. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 10. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 11. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and guests. Location shall be
adjacent to the historic interpretative feature at the comer of South Farrell
Conditions of Approval —Exhibit"A"—Resolution No. 24145
Page 7
Drive and East Baristo Road and adjacent to the community swimming pool
within the development. Design approval shall be by the Director of Planning
and .
PLN 12. Update of City's Zoning Map. Upon approval of the proposed Change of
Zone, Tract Map and/or Planned Development District, the applicant shall be
responsible for costs associated with update of the City's GIS based zoning
maps.
PLN 13. Distance between single family units. Provide at least 10 feet distance
separation between the single family units.
PLN 14. Maximum height. All structures shall not exceed 24 feet and/or 2 stories.
PLN 15. Provide pedestrian gates at yards of all single family units on Baristo and
Farrell Drive.
PLN 16. Provide all public benefits proposed in the Preliminary Planned Development
District approval except the entry sign along Tahquitz, as follows:
• All units to be pre-wired for photovoltaic solar collectors.
• Energy Efficiency: All structures must demonstrate energy efficiency 10%
greater than required by the California Building Code. (This will need to
be verified at the time of plan check and building permit application by a
written affidavit and evidence in the project's Title 24 calculation sheets.)
• Offer prospective buyers of single family units options of purchase and
installation of photovoltaic systems.
• Offer prospective buyers other energy efficient upgrades, not limited to
lighting, pool motors, appliances, wireless temperature setback
controllers, etc.
• Require installation of photovoltaic solar collectors on the multi-family
units.
• Submit a comprehensive archival record on the World War II era tie-
downs and other related structures on the site (to be coordinated with the
Planning Department and the Palm Springs Historical Society).
PLN 17. Perimeter wall design shall not exceed six (6) feet in height as measured from
the adjacent grade. Wall heights shall be permitted to vary with the adjacent
topography and landscape berms as long as they remain generally consistent
at six (6) feet in height.
PLN 18. Provide a full interpretative center display for public viewing (photos,
narrative, etc.) to be located at the northeast corner of South Farrell Drive and
East Baristo Road. Review is required for input and recommendation from
Historic Site Preservation Board with final architectural review and approval
by the Planning Commission.
PLN 19. No turf is allowed in front yards on all single family units. Turf is allowed in
play areas within the common areas in the multi-family area, including the
Conditions of Approval— Exhibit"A"— Resolution No. 24145
Page 8
circular open space green near the corner of South Farrell Drive and East
Baristo Road, at the proposed dog parks, and other areas as outlined on the
approved site plan.
PLN 20. Provide irrigation with "smart controllers' for all parts of the development.
PLN 21. Photovoltaic systems must be installed on all multi-family buildings.
PLN 22. Provide 24 foot wide streets in recognition of the additional off-street parking
provided throughout the development.
PLN 23. Class 2 Bikeway along South Farrell Drive. Applicant shall pay their
proportionate fair share of the development of a Class 2 Bike way
(thermoplastic striping on the roadway pavement, etc.) along the South Farrell
Drive frontage of the project. Striping specifications and coordination to be
implemented as outlined by the City's Engineering / Public Works
Department.
PLN 24. Cementitious roof tile required on all hipped, gabled, and pitched roofs.
PLN 25. No third floor roof decks. There shall be no third floor roof decks on any of
the proposed buildings.
PLN 26. Decorative water features. No water features at the project entries. Water
features may be provided in the pedestrian seating areas within the project.
Water features are to be recirculating systems.
PLN 27. Louella Road Entrance. Revise the Louella Road entrance, median islands,
pavement (lane) striping, and turn-around area to address potential traffic
congestion at the vehicular gate and to allow left turn out of the proposed
development.
PLN 28. Separate Architectural Approval for Community Pool Area. The buildings and
landscape associated with the community pool area will be submitted
separately to the AAC for recommendation and to the Planning Commission
for approval.
PLN 29. Pools adjacent to walls. Swimming pools, spas, "spools" and similar water
features shall be located not closer than three (3) feet from perimeter walls
and/or common privacy walls between units and/or walls of adjacent
residential units and the waterline of the pool. In no case shall water features
extend over or across property lines.
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 'Building Security
Codes' of the Palm Springs Municipal Code.
Conditions of Approval— Exhibit"A"— Resolution No. 24145
Page 9
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
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.
All Grading Plans, Improvement Plans, Required Studies and Documents listed below,
must be submitted to Engineering Services Department for review and approval.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plans shall be approved by the
City Engineer prior to issuance of any building permits.
FARRELL DRIVE
ENG 3. Construct a bus turnout for the existing bus stop at the northeast corner of
Farrell Drive and Baristo Road, the applicant shall be responsible for the
following:
a. Dedicate additional right-of-way concentric with the back of
sidewalk adjacent to the bus turn-out.
b. Remove the existing curb, gutter, and sidewalk as necessary to
construct a 170 feet long by 12 feet wide bus turn-out at the northeast
corner of Farrell Drive and Baristo Road, in the same location as the
existing bus stop. The existing bus stop shelter shall be relocated; or if
required by the Director of Planning, the existing bus stop shelter shall
be removed, and construction of a new bus stop shelter shall be
required, with a design compatible to project architecture as reviewed
by Sunline Transit Agency and approved by the Director of Planning.
Bus stop furniture and other accessories, as reviewed by SunLine
Transit Agency and approved by the Director of Planning, shall be
provided by the applicant, as required.
Conditions of Approval— Exhibit"A"— Resolution No. 24145
Page 10
C. Construct an 8 feet wide sidewalk behind the curb concentric with
the bus turn out in accordance with City of Palm Springs Standard
Drawing No. 210.
d. Construct pavement with a minimum pavement section of 3 inches
asphalt concrete pavement over 6 inches crushed miscellaneous base
with a minimum subgrade of 24 inches at 95% relative compaction, or
equal, from edge of proposed bus turn out to clean sawcut edge of
pavement. 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 4. All broken or off grade street improvements shall be repaired or replaced.
TAHQUITZ CANYON WAY
ENG 5. Remove the existing curb ramp at the southwest corner of Tahquitz
Canyon Way and Louella Road, and construct a Type A curb ramp in
accordance with City of Palm Springs Standard Drawing No. 212.
ENG 6. The developer shall remove portions of the existing sidewalk as necessary
to plant new Washingtonia Filliferas palm trees with tree wells along the
Tahquitz Canyon Way frontage, at 60 feet spacing. New palm trees shall
have a height consistent with other palm trees along Tahquitz Canyon
Way in the vicinity, unless otherwise required by the Director of Planning.
The applicant shall be responsible for installation of an irrigation system
and for the perpetual maintenance of the new palm trees and other
parkway landscaping along the Tahquitz Canyon Way frontage to the
satisfaction of the City Engineer.
ENG 7. All broken or off grade street improvements shall be repaired or replaced.
BARISTO ROAD
ENG 8. Remove the existing 6 inch curb, gutter, sidewalk, and curb ramp as
necessary to construct a 55 feet wide new street intersection for the Main
Entry with the centerline of the Main Entry aligned with the centerline of
Compadre Road. The Main Entry shall be constructed with 25 feet radius
curb returns and spandrels, and a 6 feet wide cross-gutter, in accordance
with City of Palm Springs Standard Drawing No. 200 and 206. The Main
Entry shall be constructed with a 20 feet wide ingress and egress lane
separated by a raised 10 feet wide median. The median shall be located
outside of public right-of-way.
Conditions of Approval— Exhibit"A"— Resolution No. 24145
Page 11
ENG 9. The gated entry design of the Main Entry, including widths of ingress and
egress lanes, shall be subject to the review and approval by the City
Engineer and Fire Marshall. Emergency access shall be provided to the
Fire Department to the satisfaction of the Fire Marshall.
ENG 10. Construct a Type A curb ramp meeting current California State
Accessibility standards on each side of the secondary access in
accordance with City of Palm Springs Standard Drawing No. 212.
ENG 11. All broken or off grade street improvements shall be repaired or replaced.
LOUELLA ROAD (PRIVATE)
ENG 12. The applicant shall provide proof of access rights to Louella Road;
documentation shall be provided to the City Engineer prior to approval of a
final map. Absent documentation showing proof of access rights to
Louella Road, as determined by the City Engineer, the applicant shall
obtain an access easement over Louella Road as necessary to provide
legal access to the project.
ENG 13. Remove the two existing driveway entrances (and curb returns) on the
west side of Louella Road into the property and replace with 6 inch curb
and gutter to match existing curb and gutter on each side of the two
driveway entrances.
ENG 14. Remove the existing 6 inch curb and gutter as necessary to construct a 50
feet wide new street intersection for the Secondary Access with the
centerline of the Secondary Access located approximately 125 feet south
of the north property line aligned with the existing median opening in
Louella Road. The street intersection shall be constructed with 25 feet
radius curb returns and spandrels, and a 6 feet wide cross-gutter, in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
ENG 15. The gated entry design of the Main Entry, including widths of ingress and
egress lanes, shall be subject to the review and approval by the City
Engineer and Fire Marshall. Emergency access shall be provided to the
Fire Department to the satisfaction of the Fire Marshall.
ENG 16. Construct a Type A curb ramp meeting current California State
Accessibility standards on each side of the Secondary Access in
accordance with City of Palm Springs Standard Drawing No. 212.
ENG 17. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE PRIVATE STREETS
Conditions of Approval— Exhibit"A"—Resolution No. 24145
Page 12
ENG 18. Dedicate easements for public utility purposes, with the right of ingress
and egress for service and emergency vehicles and personnel over the
proposed private streets.
ENG 19. All on-site private streets shall be two-way with a minimum 24 feet wide
travelway (as measured from face of curb) where no on-street parking is
proposed.
ENG 20. All on-site streets shall be constructed with standard 6 inch curb and
gutter. A wedge curb, a mow strip at roadway grade, or other approved
curbs, and cross gutters, as necessary to accept and convey street
surface drainage of the on-site streets to the on-site drainage system.
Construct a Type B2 gutter, modified to 3 feet wide, along the centerline of
the on-site private streets in accordance with City of Palm Springs
Standard Drawing No. 200.
ENG 21. All on-site streets shall be constructed with a minimum pavement section
of 2'/z inches asphalt concrete pavement over 4 inches crushed
miscellaneous base with a minimum subgrade of 24 inches at 95%
relative compaction, or equal. 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 22. Parking shall be restricted along both sides of the 24 feet wide on-site
private streets, as necessary to maintain a minimum 24 feet wide clear
two-way travel way. Regulatory Type R26 "No Parking" signs or red curb
shall be installed along the private streets as necessary to enforce parking
restrictions. The Home Owners Association (HOA) shall be responsible for
regulating and maintaining required no parking restrictions, which shall be
included in Covenants, Conditions, and Restrictions (CC&R's) required for
the development.
ENG 23. The gated entries at Baristo Road and Main Entry and the entry at Louella
Road (Private) are subject to review and approval by the City Engineer
and Fire Marshall. The applicant shall provide an exhibit showing truck
turning movements around the entry, demonstrating the ability of standard
size vehicles to maneuver through the entry (without reversing) if unable
to enter the project. A minimum of 50 feet shall be provided between the
back of sidewalk on the adjacent street and the gated entry
directory/control panel, with an approved maneuvering area provided
between the directory/control panel and the entry gates. The ingress and
egress lanes shall be a minimum of 20 feet wide, unless otherwise
approved by the Fire Marshall. A Knox Key operated switch shall be
installed at every automatic gate. Secured automated vehicle gates or
entries shall utilize a combination of a Tomar Strobeswitch (TM), or
approved equal, and an approved Knox key electric switch when required
by the fire code official. Secured non-automated vehicle gates or entries
Conditions of Approval— Exhibit"A"— Resolution No. 24145
Page 13
shall utilize an approved padlock or chain (maximum link or lock shackle
size of % inch) when requires by the fire code official. 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.
SANITARY SEWER
ENG 24. Any existing on-site sewer improvements shall be removed as required by
the City Engineer.
ENG 25. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
ENG 26. Construct an on-site private sewer system 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 shall conform to City sewer design
standards, including construction of 8 inch V.C.P. sewer main and
standard sewer manholes. 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 mains, are
subject to separate review and approval by the Building Division.
ENG 27. The on-site private sewer system shall not connect to an existing sewer
manhole within Baristo Road. The on-site sewer system shall connect to
the sewer main with a standard sewer lateral connection in accordance
with City of Palm Springs Standard Drawing No. 405.
ENG 28. All on-site sewer systems shall be privately maintained by a Home
Owners Association (HOA). Provisions for maintenance of the on-site
sewer system acceptable to the City Engineer shall be included in the
Covenants, Conditions and Restrictions (CC&R's) required for this project.
GRADING
ENG 29. Submit a Precise Grading and Paving Plan prepared by a California
registered civil engineer to the Engineering Division for review and
approval. The Precise Grading and Paving Plan shall be approved by the
City Engineer prior to issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be
required to comply with Chapter 8.50 of the City of Palm Springs Municipal
Conditions of Approval— Exhibit"A"—Resolution No. 24145
Page 14
Code, and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures" as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
completed the South Coast Air Quality Management District (AQMD)
Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and
valid Certificate(s) of Completion from AQMD for staff that have completed
the required training. For information on attending a Fugitive Dust Control
Class and information on the Coachella Valley Fugitive Dust Control
Handbook and related "PM10" Dust Control issues, please contact AQMD
at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control Handbook,
shall be submitted to and approved by the Engineering Division prior to
approval of the Precise Grading and Paving Plan.
b. The first submittal of the Precise Grading and Paving Plan shall include
the following information: a copy of final approved conformed copy of
Conditions of Approval; a copy of a final approved conformed copy of the
Tentative Tract Map; a copy of current Title Report; a copy of the Soils
Report; a copy of the associated Hydrology Study/Report and copy of the
project-specific Final Water Quality Management Plan.
ENG 30. In accordance with an approved PM-10 Dust Control Plan, perimeter
fencing shall be installed. Fencing shall have screening that is tan in
color; green screening will not be allowed. Perimeter fencing shall be
installed after issuance of Grading Permit, and immediately prior to
commencement of grading operations.
ENG 31. Perimeter fence screening shall be appropriately maintained, as required
by the City Engineer. Cuts (vents) made into the perimeter fence
screening shall not be allowed. Perimeter fencing shall be adequately
anchored into the ground to resist wind loading.
ENG 32. 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 33. Prior to approval of a Grading Plan (or 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 ( a copy of the written approval must be
provided to the City) . The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at ACBCI-
Conditions of Approval— Exhibit"A"— Resolution No. 24145
Page 15
THPORaguacaliente.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
construction, and to arrange payment of any required fees associated with
Tribal monitoring.
ENG 34. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or
gutters.
ENG 35. A National Pollutant Discharge Elimination System (NPDES) stormwater
permit, issued from the California Regional Water Quality Control Board
(Phone No. 760-346-7491) is required for the proposed development. A
copy of the executed permit shall be provided to the City Engineer prior to
issuance of a grading permit.
ENG 36. A Notice of Intent (NOI) to comply with the California General Construction
Stormwater Permit (Water Quality Order 2009-009-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 37. In accordance with City of Palm Springs Municipal Code, Section 8.50.025
(c), the applicant shall post with the City a cash bond of two thousand
dollars ($2,000.00) per disturbed acre for mitigation measures for
erosion/blowsand relating to this property and development.
ENG 38. 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. Stockpiled fill existing on the site shall
be addressed in the report. 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.
ENG 39. 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
Conditions of Approval— Exhibit"A"—Resolution No. 24145
Page 16
located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-
8208).
WATER QUALITY MANAGEMENT PLAN
ENG 40. 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 41. This project requires preparation and implementation of a stormwater
prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall
include a post-construction management plan (including Best
Management Practices) in accordance with the current Construction
General Permit. The approved final project-specific Water Quality
Management Plan shall be incorporated by reference or attached to the
SWPPP as the Post-Construction Management Plan. A copy of the uo-to-
date SWPPP shall be kept at the project site and be available for revire
upon request.
ENG 42. 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 the site. Direct
release of nuisance water to the adjacent property (or public streets) is
prohibited. Construction of operational BMP's shall be incorporated into
the Precise Grading and Paving Plan.
ENG 43. Prior to issuance of any grading or building permits, the property owner
shall record a "Covenant and Agreement" with the County-Clerk Recorder
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
Conditions of Approval—Exhibit"A"—Resolution No. 24145
Page 17
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.
ENG 44. Prior to issuance of certificate of occupancy or final City approvals (OR of
"final" approval by City), the applicant shall: (a) demonstrate that all
structural BMP's have been constructed and installed in conformance with
approved plans and specifications; (b) demonstrate that applicant is
prepared to implement all non-structural BMP's included in the approved
Final Project-Specific WQMP, conditions of approval, or grading/building
permit conditions; and (c) demonstrate that an adequate number of copies
of the approved Final Project-Specific WQMP are available for the future
owners (where applicable).
DRAINAGE
ENG 45. 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.
ENG 46. The On-site flood control basin shall be sized to accommodate 100% of
the increased runoff. As an alternative to the on-site retention the
applicant may choose the construction of Storm Drain Lateral 20C and
20CA, extending in El Cielo Road from Ramon Road to Baristo Road, and
extending in Baristo Road to the project site, as shown on the Master
Drainage Plan for the Palm Springs Area, administered by the Riverside
County Flood Control & Water Conservation District (RCFC), as
necessary to accept stormwater runoff from the project site. Plans have
been prepared by the City for Storm Drain Lateral 20C and Storm Drain
Conditions of Approval— Exhibit"A"—Resolution No. 24145
Page 18
Lateral 20CA, and construction of said Storm Drain lines shall be
completed prior to issuance of a certificate of occupancy.
ENG 47. The project is subject to flood control and drainage implementation fees.
The acreage drainage fee at the present time is $9,212.00 per acre per
Resolution No. 15189. Based on the 24.00 acre size of the project site as
shown on the Tentative Tract Map, the project is responsible for payment
of $221,088 in drainage implementation fees. If applicant constructs
Storm Drain Lateral 20C and 20CA, the applicant shall be eligible for
credit up to the maximum drainage implementation fee of $221,088
otherwise due.
ENG 48. The project is subject to drainage implementation fees, however, any
validated costs incurred by the applicant for construction of Storm Drain
Lateral 20C and 20CA may be credited toward the drainage fee otherwise
due. In the event validated costs exceed the drainage implementation fee
otherwise due, at the request of the applicant, the City may enter into a
reimbursement agreement with the applicant for reimbursement of excess
costs. Following completion and acceptance of the construction of Storm
Drain Lateral 20C and 20CA by RCFC and the City Engineer, if
reimbursement of excess costs is requested in writing by the applicant, the
applicant shall submit a formal request for preparation of a Drainage
Reimbursement Agreement and a $2,500 deposit for City staff time
associated with the preparation of the Drainage Reimbursement
Agreement, including City Attorney fees. The applicant shall be
responsible for payment of all associated staff time and expenses
necessary in the preparation and processing of the Drainage
Reimbursement Agreement with the City Council, and shall submit
additional deposits as necessary when requested by the City, which are
included in the amount that may be reimbursed to the applicant through
the Drainage Reimbursement Agreement. The Drainage Reimbursement
Agreement is subject to the City Council's review and approval, and its
approval is not guaranteed nor implied by this condition.
ENG 49. Submit storm drain improvement plans for all on-site storm drainage
system facilities for review and approval by the City Engineer.
ENG 50. 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 51. 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
Conditions of Approval — Exhibit"A:'— Resolution No. 24145
Page 19
Standard Drawing No. 115. The developer shall be responsible for
removing, grinding, paving and/or overlaying existing asphalt concrete
pavement of off-site streets as required by and at the discretion of the City
Engineer, including additional pavement repairs to pavement repairs made
by utility companies for utilities installed for the benefit of the proposed
development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Verizon, etc.). Multiple
excavations, trenches, and other street cuts within existing asphalt
concrete pavement of off-site streets required by the proposed
development may require complete grinding and asphalt concrete overlay
of the affected off-site streets, at the discretion of the City Engineer. The
pavement condition of the existing off-site streets shall be returned to a
condition equal to or better than existed prior to construction of the
proposed development.
ENG 52. All proposed utility lines shall be installed underground.
ENG 53. All existing utilities shall be shown on the improvement plans required for
the project. The existing and proposed service laterals shall be shown
from the main line to the property line.
ENG 54. Upon approval of any improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting
of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing
exchange file). Variation of the type and format of the digital data to be
submitted to the City may be authorized, upon prior approval of the City
Engineer.
ENG 55. 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.
ENG 56. 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 57. 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
ENG 58. The developer shall apply for an annexation to the City of Palm Springs
Community Facilities District established for public safety services and
Conditions of Approval—Exhibit°A'— Resolution No. 24145
Page 20
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. The annexation
shall be completed by action of the city council in a public hearing, prior to
processing a final map for approval.
ENG 59. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for
review and approval. A Title Report prepared for subdivision guarantee for
the subject property, the traverse closures for the existing parcel and all
lots created therefrom, and copies of record documents shall be submitted
with the Final Map to the Engineering Division as part of the review of the
Map. The Final Map shall be approved by the City Council prior to
issuance of building permits.
ENG 60. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Engineer for review and approval for any restrictions
related to the Engineering Division's recommendations. The CC&R's shall
be provided with the first submittal of the final map, and shall be approved
by the City Engineer prior to approval of the Final Map.
ENG 61. 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 drawing file), DGN (Microstation drawing
file), and DXF (AutoCAD ASCII drawing exchange file). 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.
ENG 62. Relocation or 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 Water Company recorded as
Instrument on March 5, 1987 in Map Book 68, Page 471; easements to be
abandoned for sewer, water, and public utilities over certain lettered lots
as shown and dedicated on Tract Map 10346; an easement to be
abandoned for pipe lines and incidental purposes, in favor of Southern
California Gas Company recorded as Instrument No. 216081 on October
11, 1979; easements for walls, encroachments, utilities, ingress and
egress and incidental purposes recorded as Instrument No. 233274 on
November 1, 1979; and an easement for pole lines, conduits and
incidental purposes, in favor of General Telephone Company of California
Conditions of Approval— Exhibit"A"—Resolution No. 24145
Page 21
recorded as Instrument No. 212740 on November 13, 1980, shall be
extinguished, quit-claimed, relocated or abandoned to facilitate
development of the subject property. All record easements shall be
extinguished, quit-claimed, relocated or abandoned to facilitate
development of the subject property. Without evidence of such, proposed
individual lots encumbered by 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.
ENG 63. Acceptance of public improvements required of this development shall be
completed by resolution of the City Council to release the faithful
performance bond and acceptance of replacement maintenance bond to
be held for one year. An inspection will be performed nine months after
said acceptance as part of the notice of completion process, a notice of
completion will be filed certifying the improvements are complete.
TRAFFIC
ENG 64. Based on the Traffic Study submitted by Endo Engineering on January
2005, the following mitigation measures will be required, and as modified
by Arch Beach Consulting Traffic Impact Study dated, November 15,
2013:
a. Install a traffic signal at the intersection of Civic Drive and Tahquitz
Canyon Way. The applicant shall submit traffic signal installation plans
prepared by a California registered Civil Engineer or Traffic Engineer
for review and approval by the City Engineer. The traffic signal shall be
installed and operational prior to issuance of the 165th Certificate of
Occupancy, unless otherwise allowed by the City Engineer. The
applicant shall be responsible for 100% of the cost to design and install
the traffic signal.
b. Install traffic striping and signage improvements at the intersection
of Baristo Road and Compadre Road to provide striping for two
eastbound through lanes of uniform width that extend a minimum of
150 feet west and 200 feet east of Compadre Road, or as required by
the City Engineer. Submit traffic striping plans prepared by a California
registered civil engineer, for review and approval by the City Engineer.
All required traffic striping and signage improvements shall be
completed in conjunction with required street improvements, to the
satisfaction of the City Engineer, and prior to issuance of a certificate
of occupancy.
C. Install 36 inch stop signs, stop bars, and "STOP" legends as
necessary to create an "All-Way Stop Controlled" (AWSC) intersection,
at the intersection of Baristo Road and Compadre Road, and the Main
Entry, in accordance with City of Palm Springs Standard Drawing Nos.
620-625.
v
Conditions of Approval— Exhibit"A"— Resolution No. 24145
Page 22
ENG 65. A minimum of 48 inches of clearance shall be provided on public
sidewalks for handicap accessibility. 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 Farrell
Drive, Tahquitz Canyon Way, Baristo Road, and Civic Drive frontages of
the subject property.
ENG 66. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, and striping associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
ENG 67. Install a street name sign and a 36 inch stop sign, stop bar, and "STOP"
legend for traffic exiting the development at the intersection of Louella
Road and the Louella Road access in accordance with City of Palm
Springs Standard Drawing Nos. 620 through 625.
ENG 68. 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 69. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Ownerldeveloper
is responsible for all applicable state and locally adopted fire codes. Detailed plans are
still required for review.
FID 1 These conditions are subject to final plan check and review. Initial Fire
Department conditions have been determined from the plans stamped
received August 4, 2016 associated with TTM 36689 and TPM 36767.
Additional requirements may be required at that time based on 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. Three (3) complete sets of plans for private fire
service mains, fire alarm, or fire sprinkler systems must be submitted at time
Conditions of Approval— Exhibit"A"—Resolution No. 24145
Page 23
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 three (3) 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.
FID 5 Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
shall have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13'-6". Fire Department access roads shall
have an all-weather driving surface and support a minimum weight of 73,000
lbs.
FID 6 Fire Apparatus Access Roads (CFC 503.1.1): Approved fire apparatus
Conditions of Approval—Exhibit"A"—Resolution No. 24145
Page 24
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.
Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 24 feet, excluding shoulders, except for
approved security gates in accordance with Section 503.6 and an
unobstructed vertical clearance of not less than 13 feet 6 inches.
Fire Lane Marking (CFC 503.3): Where required by the fire code official,
approved signs or other approved notices or markings that include the words
NO PARKING—FIRE LANE shall be provided for fire apparatus access roads
to identify such roads or prohibit the obstruction thereof. The means by which
fire lanes are designated shall be maintained in a clean and legible condition
at all times and be replaced or repaired when necessary to provide adequate
visibility.
Surface (CFC 503.2.3): 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.
FID 7 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 8 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be
prohibited unless approved by the fire code official.
FID 9 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 StrobeswitchTM, 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. 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.
Conditions of Approval— Exhibit"A"—Resolution No. 24145
Page 25
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 10 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.
FID 11 Required Water Supply (CFC 507.1): An approved water supply capable of
supplying the required fire flow for fire protection shall be provided to
premises upon which facilities, buildings or portions of buildings are hereafter
constructed or moved into or within the jurisdiction.
FID 12 Water Plan (CFC 501.3 & 901.2): A water plan for on-site and off-site is
required and shall include underground private fire main for fire sprinkler
riser(s), public fire hydrant(s), public water mains, Double Check Detector
Assembly, Fire Department Connection and associated valves.
FID 13 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 14 NFPA 13D 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 13D, 2013 Edition, as modified by local ordinance.
Shall comply with Palm Springs Fire Code Appendix L
Project Note: Single Family Dwellings
FID 15 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
Project Note: Multi-Family Dwellings
FID 16 Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C
Conditions of Approval— Exhibit"A"—Resolution No. 24145
Page 26
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. Preferred location is in the path of exit travel or near an exit
door.
Project Note: Applies to multi-family units
FID 17 Residential Smoke and Carbon Monoxide Alarms Installation (CFC
907.2.11.21314; CRC R314 8& 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 18 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
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: Applies to Community Center
End of Conditions