HomeMy WebLinkAbout24135 RESOLUTION NO. 24135
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 37039, CREATING ONE (1) LOT EQUALING
53,200-SQUARE FEET FOR THE PURPOSE OF AN
EIGHT (8) UNIT CONDOMINIUM PROJECT CONSISTING
OF FOUR (4) ATTACHED CONDOMINIUM UNITS IN TWO
(2) BUILDINGS ON COMMON GROUND AND APPROVING
A DETERMINATION THAT THE ACTION IS
CATEGORICALLY EXEMPT FROM THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) ON PROPERTY
LOCATED AT 155 WEST SAN RAFAEL ROAD, ZONE R-2,
SECTION 4.
THE PALM SPRINGS CITY COUNCIL FINDS AND DETERMINES AS
FOLLOWS:
A. Modern Development, ("Applicant') has filed an application with the City
pursuant to Chapter 9.62 of the City's Municipal Code (Maps) and Section 66426 of
the State of California Subdivision Map Act, for a Tentative Tract Map for
condominium purposes located at 155 West San Rafael Road, Zone R-2, Section 4
("TTM 37039").
B. On September 14, 2016, the Planning Commission held a public hearing on the
application to consider TTM 37039 in accordance with applicable law, and after
carefully review and consideration of all evidence presented in connection with the
hearing on the matter, including but limited to the staff report, and all written and oral
testimony presented and voted 6-0-1 to recommend approval to the City Council.
C. A notice of public hearing of the City Council of the City of Palm Springs to
consider TTM 37039 was given in accordance with applicable law.
D. On November 16, 2016, the City Council held a public hearing to consider TTM
37039 in accordance with applicable law.
E. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the meetings on the proposed project, including but not
limited to the staff report, and all written and oral testimony presented and finds that
the proposed project complies with the requirements of Chapter 9.62 of the City's
Municipal Code (Maps) and Section 66426 of the State of California Subdivision
Map Act.
F. Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of California
Subdivision Map Act Section 66474, the City Council finds as follows:
Resolution No. 24135
Page 2
The TTM proposes one (1) lot equaling 53,200-square feet for the purpose of an
eight (8) unit condominium project. The proposed development consists of eight
(8) two bedroom units in two (2) attached buildings. The proposed use meets the
density requirement for the Mixed Use/Multi-Use (MXD) land use designation
consistent with the General Plan, in addition the proposed density meets the
requirement in the College Park Specific Plan and this finding has been met.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The proposed subdivision is consistent with the R-2 zone in which the property is
located. The Tentative Tract Map will consist of one lot equaling 53,200-square
feet. The design of the proposed condominium development is consistent with
the applicable zoning and the finding has been met.
c. The site is physically suited for this type of development.
The proposed development on a vacant flat lot will have access to a public street
and will provide an appropriately scaled project that provides a transition from the
industrial uses to north and the low-density residential neighborhood to the south
and generally conforms to the College Park Specific Plan by meeting the design
guidelines for Planning Area 6 (PA-6). The site is physically suited for this type of
development and the finding has been met.
d. The site is physically suited for the proposed density of development.
The proposed eight (8) unit condominium project on a 53,200-square foot lot is
consistent with the allowable density of 6.1 — 15 dwelling units per acre in the MXD
General Plan designation. In addition, the R-2 zone requires 3,000-square feet per
dwelling unit which is within the zone density requirement.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The proposed Tentative Tract Map for the development of an 8-unit condominium
complex is located on a flat semi graded lot surrounded by existing urban streets
with adequate public utilities serving the lot. The surrounding development
includes an industrial park, condominiums, and single-family residences. The
proposed 53,200-square foot site is not likely to cause environmental damage or
substantially and unavoidably harm unique fish, wildlife, or their habitats.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
Resolution No. 24135
Page 3
The design of the proposed condominium complex includes connections to all
public utilities including water and sewer systems. The private driveways from
West San Rafael Road will provide access to the subject lot. Pedestrian access
will connect the condominiums to sidewalks along the secondary thoroughfare.
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 subdivision 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
City Staff has evaluated the proposed project for compliance with the California
Environmental Quality Act (CEQA) and has determined that the project is categorically
exempt from the requirements of CEQA pursuant to Section 15332 (In-Fill Development
Projects) of the CEQA Guidelines. The proposed project is categorically exempt
because:
1. The project is consistent with the applicable general plan designation and
applicable zoning designation;
2. The project is located within the city limits on sites of no more than five acres
substantially surrounded by urban uses;
3. The project is not located on sites that have value as habitat for endangered,
rare or threatened species;
4. The project will not result in any significant impacts relating to traffic, noise,
air quality, or water quality; and
5. The project can be adequately served by all required utilities and public
services.
Accordingly, upon approval of this item, a Notice of Exemption will be prepared and
filed with the Riverside County Clerk.
SECTION 2. Tentative Tract Map
The City Council hereby approves Tentative Tract Map 37039 for one (1) lot equaling
53,200-square feet for the purpose of an eight (8) unit condominium project consisting
of four attached condominium units in two buildings on common ground located at 155
West San Rafael Road subject to the conditions of approval attached herein as
Exhibit "A".
Resolution No. 24135
Page 4
ADOPTED THIS 16T" DAY OF NOVEMBER, 2016.
David H. Ready, City M ge
ATTEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 24135 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 16th day of November,
2016, by the following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: None.
ABSENT: Mayor Pro Tern Mills.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California , Z/01461
RESOLUTION NO. 24135
EXHIBIT A
Tentative Tract Map 37039 TTM
Eight-Unit Condominium Complex located at
155 West San Rafael Road
November 16, 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
37039;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped September 1, 2016,
including site plans, architectural elevations, exterior materials and colors,
landscaping, and grading on file in the Planning Division except as modified
by the approved Mitigation Measures and conditions below.
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. 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
Resolution No. 24135; Exhibit A
Page 2
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case TTM 37039. 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 6. 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
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 7. Time Limit on Approval. Approval of the Major Architectural Application
(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.
ADM 8. 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 9. 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.
Resolution No. 24135, Exhibit A
Page 3
ADM 10. 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 11. 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 12. 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 13. 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-interest.
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,
Resolution No. 24135; Exhibit A
Page 4
ADM 14. 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 15. 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 16. 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. 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. 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
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 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)
Resolution No. 24135; Exhibit A
Page 5
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
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, 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's 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 program to
the Department of Planning Services prior to the issuance of building permits.
Resolution No. 24135; Exhibit A
Page 6
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". Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of
64 and a three-year aged solar reflectance of 0.55 or greater. 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. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 12. 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 13. 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.
Resolution No. 24135; Exhibit A
Page 7
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.
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 January 19, 2016. 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. 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
Resolution No. 24135; Exhibit A
Page 8
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.
FID 4.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. 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.
• Entire access road meets fire lane requirements — signage and/or curb
markings required
• No street parking allowed on either side, or within fire department
turnaround
• Hammerhead turnaround does not meet Palm Springs requirements
FID 6. Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be
prohibited unless approved by the fire code official.
FID 7. 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— 200
feet (reduced from 250' due to dead-end street).
Operational fire hydrant(s) shall be installed within 250 feet of all combustible
construction and shall be serviceable prior to and during construction
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.
Resolution No. 24135; Exhibit A
Page 9
Shall comply with Palm Springs Fire Code Appendix L.
FID 9 Single- and Multiple-Station Smoke Alarms (CFC 907.2.11): Listed single-
and multiple-station smoke alarms complying with UL 217 shall be installed in
accordance with Sections 907.2.11.1 through 907.2.11.4 and NFPA 72.
• Exception: For Group R occupancies. A fire alarm system with smoke
detectors located in accordance with this section may be installed in lieu of
smoke alarms. Upon actuation of the detector, only those notification
appliances in the dwelling unit or guest room where the detector is
actuated shall activate.
FID 10 Audible Residential Water Flow Alarms - NFPA 13R Fire Sprinklers &
Household Fire Alarm System (CFC 903.4.2): An approved audible
sprinkler flow alarm (Wheelock horn/strobe with WBB back box or equal) shall
be provided on the exterior of the building in an approved location. It shall be
powered by the household fire alarm system. The horn/strobe shall be
outdoor rated.
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.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the
City Engineer prior to issuance of any building permits.
ENG 3. Master planned roadways (San Rafael) shall be improved to the College
Park Specific Plan design standards on and adjacent to the site, as
generally identified herein, or to alternative design standards proposed by
the applicant and approved by the City.
Resolution No. 24135; Exhibit A
Page 10
SAN RAFAEL DRIVE
ENG 4. Dedicate an additional 4 feet to provide the ultimate half street right-of-way
width of 44 feet along the entire frontage.
ENG 5. Construct a 6 inch curb and gutter, 32 feet south of centerline along the
entire frontage in accordance with City of Palm Springs Standard Drawing
No. 200.
ENG 6. Construct a 28 feet wide driveway approach in accordance with City of
Palm Springs Standard Drawing No. 205. The centerline of the driveway
approach shall be located 297 feet east from the centerline of La Puesta
Del Sol.
ENG 7. Construct a 5 feet wide sidewalk 2' to 3' feet behind the curb along the
entire frontage in accordance with the College Park Specific Plan and the
City of Palm Springs Standard Drawing No. 210.
ENG 8. Construct a Type C curb ramp meeting current California State
Accessibility standards on each side of the driveway approach in
accordance with City of Palm Springs Standard Drawing No. 214. The
applicant shall ensure that an appropriate path of travel, meeting ADA
guidelines, is provided across the driveway, and shall adjust the location
of the access ramps, if necessary, to meet ADA guidelines, subject to the
approval of the City Engineer. If necessary, additional pedestrian and
sidewalk easements shall be provided on-site to construct a path of travel
meeting ADA guidelines.
ENG 9. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal,
from edge of proposed gutter to clean sawcut edge of pavement along the
entire frontage in accordance with City of Palm Springs Standard Drawing
No. 110. (Additional pavement removal and replacement may be required
upon review of existing pavement cross-sections, and to ensure grade
breaks of the pavement cross-section do not occur within a travel lane.) If
an alternative pavement section is proposed, the proposed pavement
section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
ENG 10. All broken or off grade street improvements along the project frontage
shall be repaired or replaced.
Resolution No. 24135; Exhibit A
Page 11
ON-SITE
ENG 11. The minimum pavement section for all on-site pavement (specify drive
aisles, parking spaces, etc.) shall be 2-112 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 12. All on-site drive aisles shall be two-way with a minimum 28 feet wide
travelway (as measured from face of curb) where no on-street parking
is proposed.
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 28 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. All on-site sewer systems shall be privately maintained by the
Commercial Shopping Center. 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 17. 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
Resolution No. 24135; Exhibit A
Page 12
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
mains, are subject to separate review and approval by the Building
Division.
GRADING
ENG 18. 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.
Resolution No. 24135; Exhibit A
Page 13
ENG 19. 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(a)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
construction, and to arrange payment of any required fees associated with
Tribal monitoring.
ENG 20. 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 21. Temporary dust control 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 22. 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 23. A Notice of Intent (NO[) 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 24. 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.
Resolution No. 24135; Exhibit A
Page 14
ENG 25. 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 26. The applicant shall provide pad (or finish floor) elevation certifications for
all building (or structure) pads in conformance with the approved grading
plan (if required), to the Engineering Division prior to construction of any
building (or structure) foundation.
ENG 27. 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 28. 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.
Resolution No. 24135; Exhibit A
Page 15
ENG 29. 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 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 30. 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
Resolution No. 24135, Exhibit A
Page 16
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 31. 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 32. 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 33. 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 34. All proposed utility lines shall be installed underground.
Resolution No. 24135; Exhibit A
Page 17
ENG 35. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts
or less and overhead service drop conductors, and all gas, telephone,
television cable service, and similar service wires or lines, which are on-
site, abutting, and/or transecting, shall be installed underground unless
specific restrictions are shown in General Orders 95 and 128 of the
California Public Utilities Commission, and service requirements published
by the utilities. The existing overhead utilities across the south and east
property lines meet the requirement to be installed underground. The
applicant is advised to investigate the nature of these utilities, the
availability of undergrounding these utilities with respect to adjacent and
off-site properties, and to present its case for a waiver of the Municipal
Code requirement, if appropriate, to the Planning Commission and/or City
Council as part of its review and approval of this project.
If utility undergrounding is deferred in accordance with specific direction by
the Planning Commission and/or City Council, the record property owner
shall enter into a covenant agreeing to underground all of the existing
overhead utilities required by the Municipal Code in the future upon
request of the City of Palm Springs City Engineer at such time as deemed
necessary. The covenant shall be executed and notarized by the property
owner and submitted to the City Engineer prior to issuance of a grading
permit. A current title report; or a copy of a current tax bill and a copy of a
vesting grant deed shall be provided to verify current property ownership.
A covenant preparation fee in effect at the time that the covenant is
submitted shall be paid by the developer prior to issuance of any grading
or building permits.
ENG 36. 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 37. 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.
ENG 38. 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.
Resolution No. 24135; Exhibit A
Page 18
ENG 39. 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 40. 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 41 . 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 42. 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 43. 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 44. 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 45. 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
Resolution No. 24135; Exhibit A
Page 19
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.
ENG 46. 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 47. 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.
ENG 48. 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 49. 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.
Resolution No. 24135; Exhibit A
Page 20
ENG 50. This property is subject to the Transportation Uniform Mitigation Fee
which shall be paid prior to issuance of building permit.
END OF CONDITIONS