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HomeMy WebLinkAbout24126 RESOLUTION NO. 24126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN ADDENDUM TO THE PREVIOUSLY-APPROVED MITIGATED NEGATIVE DECLARATION (MND) AND APPROVING AMENDMENTS TO PLANNED DEVELOPMENT DISTRICT 290, A PREVIOUSLY- APPROVED PROJECT CONSISTING OF 1,150 RESIDENTIAL UNITS, AN 18-HOLE GOLF COURSE, A CLUBHOUSE, AND A PUBLIC PARK LOCATED ALONG THE NORTH SIDE OF SAN RAFAEL DRIVE, EAST OF NORTH INDIAN CANYON DRIVE, SOUTH OF THE WHITEWATER RIVER AND WEST OF SUNRISE WAY, (CASE 5.0982-PDD 290). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. The City Council of the City of Palm Springs originally approved Planned Development District 290 (PDD 290), on May 5, 2004, for 1,236 single-family and multi- family residential units; and B. The City Council of the City of Palm Springs certified a Mitigated Negative Declaration (MND) for PDD on May 5, 2004; and C. The Freehold Communities, LLC, (the "Applicant') has filed an application with the City to amend PDD 290 ("Amended Project') pursuant to the provisions of Section 94.03.00 (A) of the Palm Springs Zoning Code; and D. On July 5, 2016, the proposed amendment to PDD 290 was reviewed by the Architectural Advisory Committee (AAC), which recommended approval to the Planning Commission by a unanimous vote; and E. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the Amended Project was given in accordance with applicable law, and on October 13, 2016, the Planning Commission carefully reviewed and considered all of the evidence presented in connection with the hearing on the matter, including but not limited to the staff report, and all written and oral testimony presented and voted 6-0 to recommend approval to City Council of the Amended Project; and F. A notice of public hearing of the City Council of the City of Palm Springs, California, to consider the Amended Project was given in accordance with applicable law and on November 2, 2016, the City Council held a public hearing in accordance with applicable law; and G. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meetings on the Amended Project, including but not Resolution No. 24126 Page 2 limited to the staff report, the Addendum to the MIND, and all written and oral testimony presented and finds that the Amended Project complies with the requirements of Section 94.03.00 of the City's Zoning Code. H. Pursuant to Sections 94.03.00(E)(3) and 94.02.00(B)(6) of the Palm Springs Zoning Code, the City Council specifically finds as follows: a. a. That the use applied for at the location set forth in the application is properly one for which a planned development district is authorized by this Zoning Code; The residential uses and recreational uses are consistent with the original Planned Development District approval and are also consistent with the comparable R-1 standards of the Palm Springs Zoning Code. b. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located; The conversion of the golf course to passive open space and recreational amenities is desirable and will assist in meeting the goals and objectives of the General Plan relative to sustainability and open space, as identified in the Land Use Element and the Recreation, Open Space & Conservation Element. The residential and recreational uses are consistent with the Land Use Element of the General Plan, and will not be detrimental to the residential neighborhoods and open space area that abut the site. c. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood; The site is adequate for the residential and recreational uses, in that over 97 acres will be devoted to open space and recreation, and the residential density is consistent with the density allowed for the site. While the applicant seeks to reduce certain yards and setbacks for the individual residential lots, the open space and buffers are adequate to provide an appropriate transition to adjacent existing development and any future development. d. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use; No changes are proposed to the street layout of the project or to the project entrances. The updated traffic letter submitted in conjunction with the Amended Resolution No. 24126 Page 3 Project indicates that the traffic impact will be less than originally analyzed, and that there is adequate capacity on the adjacent streets to accommodate the traffic generated by the project. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The Conditions of Approval proposed in conjunction with the Amended Project are intended to assure that the project develops in an orderly fashion and will be in compliance with all codes and regulations. The conditions will assist in protecting the public health, safety and welfare. I. Pursuant to Sections 94.03.00(A) and 94.07.00(A) of the Palm Springs Zoning Code, the City Council finds as follows: a. The proposed planned development amendment is consistent and in conformity with the general plan. The Amended Project is consistent with the Very Low Density Residential designation of the General Plan, in that the actual density of 3.87 dwelling units per acre is within the range of 2.1 to 4.0 dwelling units per acre. The use of the former golf course for open space and recreational uses is appropriate for a residential area, and the amendments to the development standards do not alter the character or density identified by the General Plan. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The site is physically suitable and appropriate for the Amended Project given its close proximity to existing residential neighborhoods. The development provides four access points to adjacent streets, which has been determined by the associated environmental and traffic studies as being adequate for the number and type of units proposed. C. The proposed planned development amendment is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The Amended Project modifies development standards of the previously approved project while maintaining the general character and layout envisioned for the site. The proposed residential development is of a similar character to the adjacent residential development in terms of height and massing, and the amount of open space provided will exceed what is found in adjacent neighborhoods. Consequently, the proposed amendment will not be detrimental to adjacent property or residents. Resolution No. 24126 Page 4 d. That the subject use will not cause substantial injury to the values of property in the zone within which it is proposed to be located. Upon completion, the Amended Project will enhance the immediate surrounding and will improve property values within the zone. The site has been left partially developed for a while; the completion of the Amended Project should encourage further economic development in that part of the City. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: SECTION 1. CEQA. An Addendum to the previously-approved Mitigated Negative Declaration has been prepared which finds that the Amended Project will not result in any new significant environmental impacts or substantially increase the severity of previously identified significant impacts as compared to the previously-approved project. Furthermore, the Addendum concludes that none of the conditions described in Section 15162 of the CEQA Guidelines calling for preparation of a subsequent MND or Environmental Impact Report have occurred and therefore the Addendum to the MND is appropriate to satisfy CEQA requirements for the Amended Project. SECTION 2. Amendment to the Planned Development District. The City Council approves the amendment to Planned Development District 290 (Case 5.0982 — PDD 290) with conditions as outlined in attached Exhibit "A." ADOPTED THIS 2ND DAY OF NOVEMBER, 2016. David H. Ready, City ager ATTEST: mes Thompson, City Clerk Resolution No. 24126 Page 5 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.24126 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 2Id 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. es Thompson, City Clerk City of Palm Springs, California ' `�zz�za � c. EXHIBIT A Resolution No. 24126 Case No. 5.0982-GPA-PD-290, Tentative Tract Map 31848 CONDITIONS OF APPROVAL Miralon Palm Springs November 2, 2016 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning and Zoning, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into, shall be in a forma approved by the City Attorney. PLANNING COMMISSION SPECIFIC CONDITIONS PC 1. Traffic Signal — Indian Canyon & Sunrise Way. Install the traffic signal upon issuance of permit for 100th residential unit. PC 2. Annual Monitoring Requirement — Traffic. The applicant shall be required to submit updated traffic data to the Engineering Division on an annual basis for the following intersections: • Sunrise Way and Four Seasons Boulevard • San Rafael and Avenida Caballeros • Indian Canyon and Corazon The annual monitoring shall terminate upon the issuance of the final certificate of occupancy for residential structures within the development. PC 3. Right-of-Way Improvements — Avenida Caballeros. Right-of-way improvements shall be completed with other project perimeter improvements prior to the issuance of certificates of occupancy for the residential structures. PC 4. Sidewalk — Multifamily (Phase 1). Provide a temporary sidewalk along the street frontage of the Phase 1 multifamily parcel so as to provide a safe pedestrian connection for the southern trail loop. PC 5. Construction Staging. Construction staging and stacking of construction vehicles shall occur onsite and not on adjacent rights-of-way or in adjacent neighborhoods. The northern Sunrise Way entry gate shall be used for all construction traffic. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 2 PC 6. Social Areas - Access. Provide adequate pedestrian access to the Social Areas from the nearest adjacent internal street. PC 7. Trails - Public Access. Public access to the trails shall be made available to members of the general public; this shall be provided as a public benefit in accordance with the Public Benefit Policy adopted by City Council for Planned Development Districts. PC 8. Trails - Clear Zone. Provide a minimum two-foot clear zone on either side of each trail path. PC 9. Trails - Restricted Use. The trail system shall be restricted to use by pedestrians and bicycles only. Electric vehicles shall not be permitted on the trail system, but may utilize the streets within the development. PC 10. Rear Setback - Exclusive Use Easement. Allow a 3' setback from rear property line, provided a minimum 15' setback is maintained from the outer edge of the exclusive use easement boundary. PC 11. Rear Setback - All Other Lots. A minimum 15' rear yard setback shall be required for all lots without the exclusive use easement. The rear yard setback may be reduced to 10' when the front yard setback is increased to 15' under the following circumstances: a. The rear yard is not located at the perimeter of the development and does not back onto existing developed residential properties outside of the development; and b. The rear yard does not immediately abut another rear yard within the development where the rear yard setback has been reduced below 15'. PC L Allow 18' setback tG for f allow 10' fO 12. rent etas. ,-.,,�,.-.�set�oo��oe-e��-R,ro.,--r�setbae�� habitable POFt'GR 9f dWelliRg GIF Wall of side loaded garage. (See General Condition #17) PC 13. Side Yard Setback. Recommend the use of an exclusive use easement for side yards, with 3' and 7' setbacks from property lines so as to maximize usable side yard space. Allow swimming pools to be built at the property line (minimum 3' setback from adjacent residence). PS 14. Lot Go erage. a. 49' R. Lets: 550% b.. 50, & 600' L-ets� 50°o (See General Condition #17) PC 15. Lot Coverage - Covered Patios. Covered patios, when only covered by a roof or trellis structure (not second-story habitable space), may be excluded from the lot coverage calculation. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 3 PC 16. Second Story Area Limitations. The second story of the residence (where permitted) shall not exceed 50% of the habitable floor area of the first floor of the residence. PC 17. Roof Decks. Roof decks shall not be permitted on one-story residences. Roof decks may be permitted for two-story residences, but shall be limited to a maximum of 400 square feet in area and shall only be permitted above the first-story level of the residence. The roof deck shall be designed so that privacy is maintained for the yard areas of abutting parcels. PC 18. Four-Sided Architecture. Architectural detailing and materials shall be consistent on all four sides of the residence. Variations in wall planes, external expression of structural elements, shading devices, or other similar details may be employed to break up large wall plane expanses as appropriate. PC 19. Windows — Materials. Window frame materials shall be restricted to aluminum frames only. Vinyl frame windows are prohibited. PC 20. Exterior Door/Window Design Standards. The following standards shall be added to the Design Guidelines manual: By design, windows and glass door openings should take advantage of views, minimize reflectivity, solar absorption, glare and nighttime light emission and minimize overlook between residences. Large panes of glass are preferred. in order to reinforce the connection to the outdoors, large windows with edges at or near the floor and/or ceiling, and sliding glass doors opening from main living areas are recommended. Square or rectangular window shapes should be emphasized. Arches, circular, triangular, octagonal, or trapezoidal windows or doors are discouraged as they suggest other building types and histories not associated with "desert" architecture. One exception is trapezoidal clerestory windows that take their shape from the adjacent sloping ceiling and roof. PC 21. Window/Door Openings — Variation C Elevations. Exterior window and door openings shall have a minimum 4" recess for consistency with the design characteristics. PC 22. Exterior Finish Materials. Exterior walls should be simple, refined compositions that firmly ground the building to the site. A minimum of two and a maximum of three exterior wall materials (glazing system materials excluded) shall be used, with one material clearly dominant. Exterior finish materials shall be limited to the following: Resolution No. 24126 Case No. 5.0982 Exhibit A Page 4 • Stucco — smooth or light sand finish • Natural or cultured stone • Architectural smooth face or decorative concrete block • Architectural composed fiber cement panels • Brick • Finished metal • Prohibited materials: Highly reflective or shiny metal, decorative patterned stucco, alumawood PC 23. Garage Doors. Arched windows or divided-lite windows shall be prohibited on garage doors; only those details as specified in the Design Standards manual shall be permitted. White garage doors may be acceptable if approved as part of a color scheme for the residence. PC 24. Hardscape — Driveways. The use of concrete as a driveway surface shall not exceed 75% of the overall driveway area. Decorative or pervious materials, such as pavers or crushed rock, should make up the remainder of the driveway area. PC 25. Groundcover— Single-Family Parcels/Multifamily Parcels. Due to wind conditions, decomposed granite is not recommended. Crushed rock or gravel shall be a minimum of 3/8". While "Mojave Gold" is the preferred color for rock material, other alternate colors may be appropriate as approved by the Architectural Advisory Committee (AAC). PC 26. Rear Yard Gates/Fences. Remove the kick-plate detail; applicant shall submit a color sample for rear yard view fences for review and approval by the AAC. PG 27.MeehaRiGal Equipment. NO .enften m ,rated .essers-shall--be perrnitted-. McGhe. `al en 8Rt m he eunted- on the r9of, pr4qvided the equipment ,. , .,.,.:,prv.e may ., in c Pd and the orreeninn mateyel is 'nteg Fate.1�with the aFohit ture f the rc Sic (See General Condition #24) PC 28, Solar. All residential units shall be outfitted with solar panels, and shall provide a minimum of 40% of the total usage capacity for the residence. PC 29. Local Workers. The applicant, production builders and subcontractors are encouraged to hire local workers as may be possible, and to support local job training programs and efforts. PC 30. Construction Phasing and Timing of Common Area Improvements. The project shall be developed according to the construction phasing plan submitted in conjunction with this application (Phases 1A, 1B, and 2A). Common area improvements shall be completed as follows: a. Clubhouse: The building permit for the clubhouse facility shall be issued prior to the issuance of the building permit for the first single-family Resolution No. 24126 Case No. 5.0982 Exhibit A Page 5 residence in Phase 1A. b. Trail and Common Area Orchards/Landscape/Amenities: The trails and any common area landscaping and improvements within each phase of the development shall be completed prior to completion of 50% of the single-family residences within that phase of the development. The parcels for multifamily residences in Phases 1A and 2A shall be excluded from the 50% calculation and completion requirement. PC 31 . Design Guidelines — Amendment. Amendments to the adopted Design Guidelines may be processed as a Minor Amendment to an approved Planned Development, pursuant to Palm Springs Zoning Code (PSZC) Section 94.03.00(G). PROJECT SPECIFIC CONDITIONS Administrative 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.0982-PD-290, TTM 31848. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. The PS Village HOA shall be responsible Resolution No. 24126 Case No. 5.0982 Exhibit A Page 6 for the maintenance of both sides of the Sunrise Parkway. This condition shall be included in the recorded covenant agreement for the property if required by the City, and shall be required in the CC&Rs. 4. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code; therefore a fee of $1,314.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. 5. Prior to issuance of a grading permit, Fringe Toed Lizard Mitigation fees shall be submitted to CVAG. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the feeing being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 7. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. Dedication of the 7.55-acre park .site shall be made prior to issuance of the first grading permits. Environmental Assessment 8. The mitigation measures of the environmental assessment shall apply and shall be incorporated into the final plans, prior to issuance of permits. The applicant has submitted a signed statement agreeing to the mitigation measures. CC&R's 9. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require Resolution No. 24126 Case No. 5.0982 Exhibit A Page 7 maintenance of all property in a good condition and in accordance with all ordinances. 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2500, for the review of the CC&R's by the City Attorney. A $250 filing fee, or other fee in effect at the time of submission of the CC&Rs, shall also be paid to the City Planning Department for administrative review purposes. 11. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, aircraft noise and the widening of Sunrise Parkway in the future. Said disclosure shall inform perspective buyers about traffic, an active recreation park-site and lighted playing fields, noise due to Sunrise Parkway, Indian Canyon Drive, San Rafael Drive and the Palm Springs International Airport, aircraft, and other activities which may occur in this area. a. Prior to issuance of a building permit, the applicant must provide a standard avigation easement and non-suit covenant in a form prescribed and approved by the City Attorney, with reference to present and future owners of the parcel. b. These disclosures shall also be incorporated into a covenant to be recorded on the title of each residential parcel. Cultural Resources 12. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. a. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground disturbing activities. b. Experience has shown that there is always a possibility of buried cultural resources in a project area, Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning and Zoning and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 8 c. Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 13. The final landscape plan for the common area open space (former golf course), including all proposed landscape materials, shall be reviewed and approved by the Planning Commission. As part of the review, the Planning Commission shall also consider a reduction in the surface area of the water retention lakes. 14. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 15. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, landscape plans, irrigation plans, wall and fence plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 16. An exterior lighting plan for the clubhouse parking lot, in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 17. Two story units shall be not be located within 200' of the project perimeter, with the exception that they may be on the second row of lots south of Sunrise Parkway. 18. Project property development standards: Resolution No. 24126 Case No. 5.0982 Exhibit A Page 9 Table 3 Development Standards— Revised Standard PDD 290 Development Standards Land Use Multi-family/Condominium & Single-family residential Total Unit Count 1,150 Units Minimum Lot Area — Single Family 4,000 square feet Minimum Lot Dimension 40 ft. X 100 ft. Lot Sizes 4,000 s . ft. to 14,485 s . ft. Minimum Dwelling Size 1,000 square feet Building Height— Single Family Maximum 24 feet Building Height— Multifamily Maximum 25 feet Single-Family Setbacks • Front from living area 10 feet •Side-loaded garage 10 feet • Front-loaded garage 18 feet • Side yard setback 5 feet, with option for exclusive side yard easement on 4,000 SF and 4,500 SF lots • Rear yard setback— lot with exclusive use 3 ft. Min. to PL with 19 rn;n ax 15' rear yard easement min. to outside boundary of exclusive use easement • Rear yard setback—without exclusive use 15 feet to property line (see PC 11 for rear yards additional options) Multifamily R-3 Zone standards apply, except as may be amended herein Max. Lot Coverage 55% for 4,000/4,500 SF lots; 50% for 5,000/6,000 SF lots Primary Access Sunrise & Indian Canyon 19. The nosigR Reviiew r,,,, mittee Architectural Advisory Committee makes the following design recommendations: a. Provide a view fence to the golf course on Indian Avenue. b. Meander walls on Indian Avenue and adjacent to all other public roadways. This shall be reviewed by the Design Review Committee as part of Final PD plans. c. Add trees to both sides of the sidewalks, where sidewalks meander, except where conflicts with underground utilities would result. d. Sidewalks and bikeways should be provided on both sides of Sunrise Parkway. e. Add additional trees to the median and landscape area at the Caballeros Road entry. f. Landscape shall be desert landscape, lush but efficient, with low watering requirements. Limit turf to active recreation areas only. Pull turf away from Resolution No. 24126 Case No. 5.0982 Exhibit A Page 10 streets, sidewalks and bikeways where possible. g. Architecture must be high quality and well designed. The proposed project architecture is not approved. Restudy the architecture, provide a variety of architectural styles and products and consider the climate and location of the project. h. Include decorative paving, in all driveway areas in multi-family parcels, in order to meet the overall 65 45% minimum open space requirement, or otherwise demonstrate compliance with the minimum 65 45% requirement. Minimum open space of 45% is required for Parcels "A" and „B„ 20. The lots which back to existing residences on Via San Dimas, shall be redesigned and widened to match the existing lot widths of the subdivision located to the south. GENERAL CONDITIONS/CODE REQUIREMENTS 21. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 22. Prior to the issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 23. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 24. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission, prior to issuance of building permits. 25. All roof-mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. No rooftop-mounted compressor units shall be permitted. 26. No exterior downspouts shall be permitted on any facade on the proposed building(s), which are visible from adjacent streets or residential and commercial areas. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 11 27. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 28. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 29. The street address numbering /lettering shall not exceed eight inches in height. 30. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 31 . Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 32. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. Parking Design 33. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5-foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8-foot walkway on the right side and shall be designated as "van accessible". 34. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 35. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 36. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 12 37. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 38. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 39. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 40. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 41. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 42. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. Waste Disposal 43. Trash cans shall be screened from view and kept within fifty (50) feet of the street. POLICE DEPARTMENT 44. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 45. Prior to any construction on-site, all appropriate permits must be secured. FIRE 46. Street Widths: Sections B-B, private street "A" and Section C-C, Avenida Caballeros are at a minimum width where no parking will be allowed. 47. Turnarounds: The terminus of private street "A" into the Clubhouse area will require an approved turnaround. 48. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323- 8186 for a KNOX application form. (902.4 CFC) Resolution No. 24126 Case No. 5.0982 Exhibit A Page 13 49. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 50. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 51 . Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA or Mission Springs Water District specifications and standards. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants. The Fire Chief or designee may be allowed to consider subsequent information regarding the five-minute response time and change limits where fire sprinklers are required. 52. Mandatory Fire Sprinklers: Project beyond five-minute response time from the closest fire station and therefore requires an automatic Fire Sprinkler System. The developer shall fund or prepare, at the discretion of the Fire Chief, a 5- minute response study to re-evaluate response times to the subject property. ENGINEERING STREETS 53. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 54. Coordinate with Sunline Transit Agency regarding required public transit facilities on or adjacent to the development. Any required public transit facilities, including bus stops, tum-outs, bus shelters and furniture, or other miscellaneous public transit improvements shall be furnished, constructed and installed in conjunction with construction of the associated street improvements. 55. Submit street improvement plans for all proposed streets (public and private) to the Engineering Division. The plans shall be prepared by a Registered Civil Engineer and approved by the City Engineer prior to issuance of any building permits. 56. All required off-site public street improvements (San Rafael Drive, Indian Canyon Drive, Sunrise Parkway, Indian Canyon Drive/Sunrise Parkway Traffic Signal, and Avenida Caballeros) shall be constructed prior to development that encompasses over 50% of the entire project, or equivalent to completion of construction prior to issuance of the 619th certificate of occupancy (50% of 1,237 building permits), without regard to approved phasing plans for development or as may be required adjacent to a Final Map or Maps (if the development is phased). Resolution No. 24126 Case No. 5.0982 Exhibit A Page 14 INDIAN CANYON DRIVE 57. Dedicate an additional 20 feet to provide the ultimate half street right-of-way width of 50 feet along the entire frontage, together with a property line - corner cut-back at the southeast corner of the intersection of Indian Canyon Drive and Sunrise Parkway in accordance with City of Palm Springs Standard Drawing No.105. 58. Construct an 8-inch curb and gutter, 38 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 59. Construct a 25 feet radius curb return and spandrel at each side of the intersection of Indian Canyon Drive and the West Entrance in accordance with City of Palm Springs Standard Drawing No. 206. A. Construct an 8 feet wide cross gutter at the intersection of Indian Canyon Drive and the west entrance in accordance with City of Palm Springs Standard Drawing No. 200 and 206. B. Construct Type A curb ramps at each side of the intersection of Indian Canyon Drive and the west entrance, in accordance with City of Palm Springs Standard Drawing No.212. C. The West Entrance shall be restricted to right-turn ingress and egress only. The ingress and egress lanes shall have a 20 feet minimum width. Final configuration of the west entrance shall be subject to review and approval of the City Engineer and Fire Marshall. D. Access to the Golf Maintenance area, or any facility proposed within the golf maintenance area indicated on the revised site plan for Tentative Tract Map 31848, shall be prohibited from Indian Canyon Drive, unless additional improvements to Indian Canyon Drive are provided, acceptable to the City Engineer, that restricts access into the Golf Maintenance area to right-turn ingress and egress only. If access is proposed into the Golf Maintenance are from Indian Canyon Drive, it shall be limited to the southerly portion of the site, and be subject to the review and approval of the City Engineer, and may require extension of the landscaped median south of the south property line of the Golf Maintenance Area, including roadway widening and, if necessary, right- of- way acquisition as required to provide required improvements to eliminate left-turn ingress and egress into the Golf Maintenance area. Access into the Golf Maintenance area shall be provided from the West Entrance, or internally within the development, to the greatest extent possible. 60. Construct a 35 feet radius curb return and spandrel at the northeast and southeast corners of the intersection of Indian Canyon Drive and Sunrise Parkway in accordance with City of Palm Springs Standard Drawing No. 206. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 15 61. Construct an 8 feet wide cross gutter at the intersection of Indian Canyon Drive and Sunrise Parkway with a flow line parallel with and 38 feet east of the centerline of Indian Canyon Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 62. Install a nuisance water drainage system to intercept storm water runoff at the intersection of Indian Canyon Drive and Sunrise Parkway to minimize nuisance water within the cross gutter, in a manner acceptable to the City Engineer. 63. Construct a meandering, 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be meandering, as approved by the Director of Planning and Zoning, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 64. Construct Type A curb ramps at the northeast and southeast corners of the intersection of Indian Canyon Drive and Sunrise Parkway, in accordance with City of Palm Springs Standard Drawing No. 212. 65. Construct a minimum pavement section of 5 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 66. Construct a 14-feet wide curbed and landscaped median island along the entire frontage. Provide left turn pockets at Corazon Avenue and Tramview Road. The left turn pockets shall be designed in accordance with Section 405 of the current edition of the CalTrans Highway Design Manual, as approved by the City Engineer. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning & Zoning. 67. Construct additional street improvements north of the intersection with the Sunrise Parkway as necessary to provide an additional south bound left-turn lane with a 225 feet long left-turn pocket and associated tapering and widening, as required and approved by the City Engineer. Acquire additional right-of-way for the City of Palm Springs, if necessary, to facilitate the intersection widening improvements. 68. The proposal for a traffic circle or roundabout at the Indian Canyon Drive and Sunrise Parkway intersection, as indicated on Tentative Tract Map 31848, is not approved. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 16 SAN RAFAEL DRIVE (WEST OF INDIAN CANYON DRIVE) 69. Construct street improvements (asphalt pavement widening, traffic striping and related improvements) as necessary to widen the west leg of the San Rafael Drive and Indian Canyon Drive intersection, in a manner that improves intersection capacity acceptable to the City Engineer. SAN RAFAEL DRIVE (EAST OF INDIAN CANYON DRIVE) 70. Construct an 8-inch curb and gutter, 32 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 71. Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage. The sidewalk and bicycle path shall be meandering, as approved by the Director of Planning and Zoning, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 72. Construct a minimum pavement section of 3-inch asphalt concrete pavement over 6-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw cut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. AVENIDA CABALLEROS (PUBLIC) 72A. An application shall be submitted for the vacation of existing public right-of-way provided for the construction of a "future street" extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and existing public right-of-way provided for the future westerly extension of Via San Dimas. Excess right-of-way shall be vacated to provide for a right-of-way line 30 feet west of the existing centerline of Avenida Caballeros. 72B. The west side of Avenida Caballeros shall be de-annexed from Parkway Maintenance District #8 and maintained by the developer's HOA. The developer shall pay fees to the City necessary to revise the Engineers report to accomplish this de-annexation. 73. Remove the existing curb ramps, curb returns, spandrels, cross-gutters, and asphalt pavement constructed for a "future street" extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and constructed for the future westerly extension of Via San Dimas. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 17 74. Construct an 8-inch curb and gutter, 20 feet west of centerline at the location of a "future street" extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and located at the westerly extension of Via San Dimas, in accordance with City of Palm Springs Standard Drawing No. 200. 75. Construct a 5 feet wide sidewalk behind the curb at the location of a "future street' extending westerly of Avenida Caballeros located approximately 560 feet north of San Rafael Drive, and located at the westerly extension of Via San Dimas in accordance with City of Palm Springs Standard Drawing No. 210. 76. Remove the existing barricade and make appropriate repairs and improvements necessary to construct and extend Avenida Caballeros onto the proposed development. SUNRISE PARKWAY 77. The following recommendations regarding the construction of the Sunrise Parkway are, in some cases, inconsistent with the proposed improvements identified on Tentative Tract Map 31848, specifically as indicated in Section D-D "Sunrise Parkway" on Sheet 1. The Tentative Tract Map details regarding the Sunrise Parkway shall be considered as modified by the recommendations specified by these conditions of approval. The Sunrise Parkway shall be constructed as a Secondary Thoroughfare with a special street section consisting of 4 travel lanes and a raised, landscaped median. 78. The alignment shall be revised, or easements shall be reserved on the final map, such that minimum safe stopping site distance, in accordance with the California Highway Design Manual, is achieved for a 45 mile per hour design speed throughout those segments of the Sunrise Parkway with a proposed centerline radius of 300 feet and 500 feet. Measures to require minimum safe stopping distance shall be submitted to the City Engineer for review and approval prior to submittal of street improvement plans for the Sunrise Parkway, and/or the first Final Map prepared within the development. 79. Dedicate 50 feet to provide the ultimate half street right-of-way width of 50 feet along that portion extending from the easterly property line and through the right- of-way transition from Sunrise Way to the Sunrise Parkway. 80. Acquire additional right-of-way east of the east property line (on off-site property) as necessary to provide a full 100 feet right-of-way for the Sunrise Parkway, from the end of Sunrise Way and extending west of the east property line. 81. Dedicate 100 feet to provide the ultimate right-of-way width of 100 feet along the entire frontage, from the easterly property line to Indian Canyon Drive. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 18 82. Construct an 8-inch curb and gutter, 32 feet each side of centerline along the entire frontage, from Indian Canyon Drive to the existing end of Sunrise Way, in accordance with City of Palm Springs Standard Drawing No. 200. 83. Construct intersection widening and curb tapers as necessary to provide separate turning lanes (east bound right-turn and west bound left-turn lanes) into the North Entrance and East Entrance, as approved by the City Engineer. 84. Construct an appropriate transition with curb tapers as necessary to transition from the northerly end of existing improvements for Sunrise Way to the Sunrise Parkway, as approved by the City Engineer. A proposal to transition from Sunrise Way to the Sunrise Parkway shall be submitted to the City Engineer for review and approval prior to submittal of street improvement plans for the Sunrise Parkway, and/or the first Final Map prepared within the development. 85. Construct a 25 feet radius curb return and spandrel at each side of the intersection of the Sunrise Parkway and the North Entrance and East Entrance in accordance with City of Palm Springs Standard Drawing No. 206. 86. Construct an 8 feet wide cross gutter at the intersection of the Sunrise Parkway and the North Entrance and East Entrance in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 87. Construct a 12 feet wide combination sidewalk and bicycle path along the both sides of the entire frontage. The sidewalk and bicycle path shall be located adjacent to curb or meandering, as approved by the Director of Planning and Zoning, and constructed with colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. 88. Construct Type A curb ramps at each side of the intersection of the Sunrise Parkway and the North Entrance and East Entrance, in accordance with City of Palm Springs Standard Drawing No. 212. 89. Construct a 14-feet wide curbed and landscaped median island along the entire frontage. Provide left turn pockets at the North and East Entrances. The left turn lane pockets shall be designed in accordance with Section 405 of the current edition of the CalTrans Highway Design Manual, as approved by the City Engineer. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Planning & Zoning. 90. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to edge of proposed gutter (full width) along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California Resolution No. 24126 Case No. 5.0982 Exhibit A Page 19 registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 91. Provide adequate measures for drainage of surface storm water runoff from the Sunrise Parkway into adjacent landscaped parkways. Intercept and convey runoff through catch basins and minor storm drain systems to detention basins within the landscaped parkways in order to accommodate 10-year storm water runoff, or provide other measures acceptable to the City Engineer to accommodate surface runoff along the Sunrise Parkway. AVENIDA CABALLEROS (PRIVATE) 92. Dedicate a private street easement 61 and 66 feet wide as shown on Tentative Tract Map 31848, and an easement to the City of Palm Springs for service and emergency vehicles and personnel with right of ingress and egress over the private street. 93. Construct a wedge curb, meeting City Engineer approval, 30 feet on both sides of centerline along the entire frontage, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 94. Construct 6 feet wide cross-gutters at all intersections (where required) in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 95. Construct a 6 feet wide meandering sidewalk along the east side of the entire frontage from the existing northerly end of Avenida Caballeros to Street "G" in accordance with City of Palm Springs Standard Drawing No. 210. 96. Construct a 12-feet wide curbed and landscaped median island at various locations as shown on Tentative Tract Map 31848. 97. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ON-SITE (PRIVATE) STREET "A" 98. Dedicate a private street easement 51 feet wide as shown on Tentative Tract Map 31848, and an easement to the City of Palm Springs for service and emergency vehicles and personnel with right of ingress and egress over the private street. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 20 99. Dedicate a 10 feet wide public utility easement along each side of the private street. 100. Construct a wedge curb, meeting City Engineer approval, 25 feet on both sides of centerline along the entire frontage, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 101. Construct 6 feet wide cross-gutters at all intersections (where required) with a flow line parallel with and 25 feet from the centerline of the intersecting street in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 102. Construct a 6 feet wide sidewalk along both sides of Street "A" from the Sunrise Parkway to the gated entry in accordance with City of Palm Springs Standard Drawing No. 210. 103. Construct a 10-feet wide curbed and landscaped median island at various locations as shown on Tentative Tract Map 31848. 104. Construct a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ON-SITE (PRIVATE) STREETS "B"THRU "U" 105. Dedicate a private street easement 37 feet wide, and an easement to the City of Palm Springs for service and emergency vehicles and personnel with right of ingress and egress over the private streets. 106. Dedicate a 10 feet wide public utility easement along each side of the private streets. 107. Construct a wedge curb, meeting City Engineer approval, 18 feet on both sides of centerline along the entire frontage, with 25 feet radius curb returns and spandrels (where required) at intersecting on-site streets in accordance with City of Palm Springs Standard Drawing No. 206. 108. Construct 6 feet wide cross-gutters at all intersections (where required) with a flow line parallel with and 18 feet from the centerline of the intersecting street in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 109. All on-site street "knuckles" and cul-de-sac's shall be constructed in accordance with City of Palm Springs Standard Drawing No. 101 and 104. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 21 110. All on-site streets shall have a minimum centerline radius of 130 feet. 111 . Construct a minimum pavement section of 2'/z-inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 112. Connect all sanitary facilities to the City sewer system. The on site sewer system shall be connected to the City's public sewer system through a standard lateral connection, and not at a sewer manhole. 113. If necessary to provide public sewer service to the easterly portion of the subject property, construct an extension of the existing 15-inch public sewer main within the approved alignment for the Sunrise Parkway, extending to the required point of connection. 114. Construct an 8-inch sewer main within all on-site private streets and connect to the public sewer main as required to the existing public sewer main in Avenida Caballeros, San Rafael Drive or Sunrise Way. 115. Dedicate an easement across all private streets , for sewer purposes to the City of Palm Springs 116. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of sewer construction permits. 117. All sewer mains_constructed by the developer and to become part of the City sewer system shall be televised by the developer prior to acceptance of the sewer line(s). GRADING 118. Submit a Rough Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Building Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Resolution No. 24126 Case No. 5.0982 Exhibit A Page 22 Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Building Department with current and valid Certificate(s) of Completion from AQMD for staff, that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba @ AQMD at 909-396-3752, or at etorrealba AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Building Department prior to approval of the Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. The first submittal of the Grading Plan shall include the following information: Copy of signed Conditions of Approval from Planning Department; Copy of Site Plan stamped approved and signed by the Planning Department; Copy of current Title Report; Copy of Soils Report; and a copy of the associated Hydrology Study/Report. 119. Drainage swales 3 feet wide and 6 inches deep shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the adjacent streets. 120. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of the Grading Plan. 121. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond of two thousand dollars ($2,000.00) per acre shall be posted with the City for dust control purposes associated with grading activities on the property. 122. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 123. Contact the Building Department to get information regarding the preparation of the PM-10 (dust control) plan. 124. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent Resolution No. 24126 Case No. 5.0982 Exhibit A Page 23 To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 125. Accept all stormwater runoff passing through and falling onto the site and conduct all stormwater runoff to approved drainage structures as described in the Preliminary Hydrology Report for the "Palm Springs Village Tract Map No. 31848", prepared by Mainiero, Smith and Associates, originally dated October 16, 2003. The Hydrology Report shall be finalized to include catch basin sizing, storm drainpipe sizing, and retention/detention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. 126. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 127. The project is subject to flood control and drainage implementation fees and/or construction of drainage facilities in accordance with the approved Master Drainage Plan for the Palm Springs Area. The acreage drainage fee at the present time is $6,511 per acre per Resolution No. 15189 and shall be paid prior to issuance of building permits. The developer may receive credit toward drainage acreage fees otherwise due with regard to the estimated cost of the construction of Storm Drain Line 3 Laterals 3B, 3C and 3D. Coordination with Riverside County Flood Control District (RCFC) shall be required to determine credit for deletion of previously Master Planned storm drain facilities, and to determine that the proposed on-site storm drainage system provides an acceptable alternative to the construction of the Master Planned storm drain facilities. If required as a condition of credit for storm drainage implementation fees, a cooperative agreement between the developer, the City of Palm Springs, and RCFC shall be established to identify the specific credit for storm drainage implementation fees related to the deletion of Laterals 3B, 3C and 3E from the Master Drainage Plan. Collection of storm drainage implementation fees shall continue to be required, however, for future construction of Master Planned storm drain facilities adjacent to the project, including Storm Drain Line 3, Lateral 3A and Lateral 3E. 128, Construct required drainage improvements, including but not limited to catch basins, storm drain lines, and outlet structures, for drainage of on-site streets into retention basins, as described in a final Hydrology Report for Tentative Tract Map 31848 as approved by the City Engineer. 129. All on-site storm drain systems shall be privately maintained by a Homeowners Association and or Golf Course owner. Provisions for maintenance of the on-site Resolution No. 24126 Case No. 5.0982 Exhibit A Page 24 storm drain systems shall be included in Codes, Covenants and Restrictions (CC&R's) for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. GENERAL 130. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 131. All proposed utility lines shall be installed underground. 132. All existing utilities shall be shown on the improvement plans. The existing and proposed service laterals shall be shown from the main line to the property line. 133. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 134. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing overhead electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, adjacent to and/or transecting the property, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission and service requirements published by the utilities. 135. Nothing shall be constructed or planted in the corner cut-off area of any driveway or intersection which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00.D. 136. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 137. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the first review of the Final Map. The Final Resolution No. 24126 Case No. 5.0982 Exhibit A Page 25 Map shall be approved by the City Council prior to issuance of building permits. In the event the Tentative Tract Map is phased into multiple Final Maps, the developer shall submit appropriate security for construction of all required off-site public street improvements with the first Final Map submitted for approval. 138. Abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements, identified as an easement to Southern California Edison recorded December 14, 1948, in Book 1035, Page 417; and an easement to Southern California Edison recorded as Document No. 72-160821, shall be extinguished, quit claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the abandonment of these easements, proposed individual lots encumbered by these existing record easements are rendered unbuildable, until such time as these easements are removed of record and are not an encumbrance to the affected lots. TRAFFIC 139. The original traffic impact study titled "Palm Springs Village Planned Development District Traffic Impact Study", prepared by Endo Engineering dated September 2003 (as amended) shall be revised to address the additional access point into the development (the West Entrance) on Indian Canyon Drive. Modifications, additions and deletions to the traffic impact measures outlined in the original study (as previously amended) shall be required, as reviewed and approved by the City Engineer. The revised traffic impact study shall be submitted to the City Engineer for review and approval prior to submittal of improvement plans and/or final map associated with the development. 140. Submit traffic striping and signage plans prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements. 141. Install street name signs at each intersection in accordance with City of Palm Springs Standard Drawing No. 620-625. 142. Furnish and install a 9500-lumen high-pressure sodium vapor safety street light with glare shield on a marbelite pole on the southwest corner of the Sunrise Parkway and the East Entrance. The developer shall coordinate with Southern California Edison for required permits and work orders necessary to provide electrical service to the street light. 143. A 30 inch STOP sign and standard STOP BAR and STOP LEGEND shall be installed in accordance with City of Palm Springs Standard Drawing No. 620-625 at on-site street intersections as required by the City Engineer. 144. The following mitigation measures, as determined by the report titled "Palm Resolution No. 24126 Case No. 5.0982 Exhibit A Page 26 Springs Village Planned Development District Traffic Impact Study", prepared by Endo Engineering dated September 2003 (as amended) shall be addressed as follows: A. Design and install a traffic signal at the Indian Canyon Drive and Sunrise Parkway intersection. Installation of the traffic signal shall be required in conjunction with the complete extension of the Sunrise Parkway from Sunrise Way to Indian Canyon Drive; or, shall be required in conjunction with construction of the Sunrise Parkway from Indian Canyon Drive to the North Entrance and issuance of the 100th certificate of occupancy within the development. The developer may request preparation of a Reimbursement Agreement, which may allow for reimbursement of up to 82.9% of the total cost to design and install the traffic signal. If requesting a Reimbursement Agreement, the developer shall submit a $2,000 deposit for preparation of the Reimbursement Agreement by the City Attorney, and shall be subject to actual costs required for its preparation. B. Install traffic striping improvements at the Avenida Caballeros and San Rafael Drive intersection to provide a south bound left-turn lane, south bound through/right-turn lane, additional west bound through lane, north bound left-tum lane, and north bound through/right-turn lane. Traffic striping shall be installed in conjunction with the extension of Avenida Caballeros through the proposed development. C. Provide a northbound left-turn lane and northbound right-turn lane at the North Entrance and Sunrise Parkway; including a north bound stop control. D. Provide an eastbound left-turn lane and eastbound right-turn lane at the East Entrance and Sunrise Parkway; including an east bound stop control. E. Payment in an amount equal to 44.7% of the cost to design and install a traffic signal at the intersection of San Rafael Drive and Sunrise Way shall be made to the City. Payment shall be reimbursed to others responsible for the design and installation of the traffic signal, in accordance with the terms of a Reimbursement Agreement between the City and the responsible parties. Payment shall be made within 30 days notice to the developer. F. Payment in an amount equal to 15.5% of the estimated cost to construct an additional southbound left-turn lane at the Sunrise Way and Vista Chino intersection shall be made to the City. An engineer's estimate for the construction of the required improvement shall be submitted to the City Engineer for review and approval prior to approval of a Final Map. Payment shall be made prior to issuance of a certificate of occupancy. Resolution No. 24126 Case No. 5.0982 Exhibit A Page 27 G. Payment in an amount equal to 11.0% of the cost to construct an additional northbound right-turn lane and southbound left-tum lane at the Farrell Drive and Vista Chino intersection shall be made to the City. An engineer's estimate for the construction of the required improvement shall be submitted to the City Engineer for review and approval prior to approval of a Final Map. Payment shall be made prior to issuance of a certificate of occupancy. 145. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other aboveground facilities for ADA accessibility. 146. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a certificate of occupancy. 147. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 148. This property is subject to the Transportation Uniform Mitigation Fee, which shall be paid prior to issuance of building permits.