HomeMy WebLinkAbout24100 RESOLUTION NO. 24100
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING CASE NOS.
5.1378 PD-379 ZC, 3.3876 MAJ AND TTM 36914 FOR A
RESIDENTIAL DEVELOPMENT AND SUBDIVISION
CONSISTING OF 56 SINGLE-FAMILY RESIDENTIAL
DWELLINGS, 25 MULTI-FAMILY RESIDENTIAL
DWELLINGS, OPEN SPACE AND PRIVATE STREETS ON
A 12.38-ACRE SITE LOCATED AT 777 SOUTH PALM
CANYON DRIVE.
WHEREAS, Woodbridge Pacific Group on behalf of Palm Canyon 65, LLC
("Applicant") filed an application with the City pursuant to Sections 94.03.00 and
94.07.00 of the Palm Springs Zoning Code for a Planned Development District in Lieu of
Change of Zone, Case 5.1378 PD-379 ZC (including Preliminary Development Plans) to
establish (56) detached and (25) attached residential dwellings, open space and streets
at the subject property; and
WHEREAS, the Applicant filed an application with the City pursuant to Title 9 of
the Palm Springs Municipal Code, for Tentative Tract Map 36914, seeking approval to
subdivide the 12.38-acre project site into 57 residential lots, one of which being
proposed for condominium purposes, as well as common area parcels for streets and
open space at the subject property; and
WHEREAS, on November 18, 2015 and April 13, 2016, the Planning
Commission reviewed previous iterations of the project at public meetings and provided
comments to the Applicant; and
WHEREAS, On May 2, 2016, the subject project was reviewed by the City's
Architectural Advisory Committee (AAC), which voted to recommend conditional
approval of the project; and
WHEREAS, the proposed project associated with the above applications
("Project") is considered a "project" pursuant to the terms of the California
Environmental Quality Act, Public Resources Code Section 21000 et. seq. ("CEQA");
and
WHEREAS, pursuant to the CEQA Guidelines, 14 California Code of Regulations
Section 15000 et. seq., an initial study was prepared. The initial study concluded that
all of the project's potentially significant impacts will be less than significant with the
incorporation of mitigation. On this basis, a Mitigated Negative Declaration was
prepared and circulated for a 20-day public review and comment period from May 4,
2016 to May 24, 2016, in accordance with Section 15073 of the CEQA Guidelines; and
Resolution No. 24100
Page 2
WHEREAS, a notice of public hearing of the Planning Commission of the City of
Palm Springs to consider the Project, including Case Nos. 5.1378 PD-379 ZC, 3.3876
MAJ and TTM 36914, was given in accordance with applicable law for the regular
meeting of May 25, 2016; and
WHEREAS, on May 25, 2016, the Planning Commission held a public hearing on
the applications in accordance with applicable law and adopted Resolution No. 6570;
unanimously recommending City Council adopt a Mitigated Negative Declaration and
approve the Project, including Case Nos. 5.1378 PD 379 ZC, 3.3876 MAJ and TTM
36914; and
WHEREAS, a notice of public hearing of the City Council of the City of Palm
Springs, California to consider the above-mentioned applications was given in
accordance with applicable law; and on July 6, 2016, the City Council held a public
hearing in accordance with applicable law and directed the Applicant to make revisions
for review with a City Council ad hoc subcommittee and then return the project back to
Council for decision; and
WHEREAS, a notice of public hearing of the City Council of the City of Palm
Springs, California to consider the above-mentioned applications was given again in
accordance with applicable law; and on September 21 , 2016, the City Council held a
public hearing in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the meetings on the project, including but not
limited to the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. CEQA: The City Council independently reviewed and considered
the information contained in the Mitigated Negative Declaration (MND) and subsequent
environmental analysis. The MIND reflects the City's independent judgment and
analysis. The City Council finds, on the basis of the whole record before it, including the
Initial Study and comments received, that with the incorporation of mitigation measures,
the project will not have a significant effect on the environment. Therefore, the City
Council adopts a Mitigated Negative Declaration as a complete and adequate
evaluation of the project pursuant to CEQA.
SECTION 2. Resort Overlay Zone: The "R" (resort) overlay zone is intended
primarily to provide for accommodations and services for tourists and visitors while
guarding against the intrusion of competing land uses, as described below.
Uses shall be as provided in the underlying zone with which the R"zone
is combined, except that all multiple-family dwellings (including, but not
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limited to, apartments, group housing projects, boarding and lodging
houses, and condominiums) shall be permitted only by conditional use
permit (CUP). Such permit is subject to the planning commission making
findings that the proposed use is compatible with its surroundings and that
the site in question is not appropriate for other uses allowed by right within
the underlying zone.
The development proposes residential uses in an area that is compatible with its
surroundings. The site abuts a watercourse channel to the north and streets on two
sides. To the east is the Cameron project, which is under construction and primarily
consists of residential with some live/work and commercial spaces fronting the street.
South of the site is a vacant property with remnants of a razed commercial property.
Properties in the vicinity include vacant sites, commercial stores, single-family and
multi-family residential, and mobile home and RV parks. Therefore, the site is not
appropriate for other transient or accommodation services for tourists, which are
allowed by right within the underlying zone, because much of the commercial already
exists in nearby areas and residential patterns have been established in surrounding
neighborhoods.
Pursuant to PSZC 94.02.00(A)(4) of the Zoning Code, the CUP may be
incorporated as part of the PD application without the need for a separate application.
Thus, the CUP findings are evaluated below as an integral part of the PD application.
SECTION 3. Planned Development District. Pursuant to Section 94.03.00(E)
"Planned Development Districts"of the Zoning Code, a Planned Development District in
lieu of a Change of Zone may be established in accordance with the procedures
required by Section 94.07.00 of the Zoning Code. A PD may be approved in lieu of a
change of zone if both findings for the PD and Change of Zone are made by the City
Council. An analysis of all required findings for a PD in lieu of zone change is provided
below:
a. The proposed planned development is consistent and in conformity with
the general plan and report.
The proposed project is located in the Mixed-Use / Multi-Use (MU/MU)
land use designation of the 2007 General Plan, allowing a mix of office, retail and
residential uses. For residential projects, a density of up to 15 dwelling units per
acre is permitted (or up to 30 d.u. per acre with PD approval). The project
proposes 6.5 residential dwelling units per acre, which is consistent with MU/MU
land use designation.
In addition, the project complies with the following General Plan Policies:
• CD19.7 — Design new development with the pedestrian in mind by including
wide sidewalks, shade street trees, sitting areas, and clearly defined
pedestrian routes.
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As shown on the landscape plans, the project will include pedestrian
amenities, such as walking paths that are landscaped with shade trees and
clearly defined routes. The project is conditioned to provide at least two
pedestrian sidewalks, which will further enhance the pedestrian routes to the site.
• CD20.1 — Create a pedestrian-friendly environment along midblock corridor
residential development through the use of landscaping, shade trees, special
paving, pedestrian-scaled lighting, and small gathering spaces.
Pedestrian-friendly environment proposed between clusters of multi-family
buildings with walking paths and shade trees.
• Policy CD.22.7 Ensure that residential communities are well connected with
each other and with nearby commercial uses through the inclusion of
pedestrian and bicycle friendly design feature such as trails, paths, and
pedestrian oriented streets in the neighborhood's design.
The proposed development will have one primary site access point and a
secondary emergency access point. Pedestrian pathways are proposed
between homes through-out the site. The Tahquitz Creek will be improved with
an additional off-site trail, which will further enhance access around the site.
These design features provide a pedestrian oriented design and augments
connections for the proposed community and others in the surrounding areas.
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 current zoning of the project site is C-1 and R-3. In accordance with
Section 94.03.00 of the Palm Springs Zoning Code, the applicant has requested
a PD in lieu of zone change to establish PD-379 with specific permitted uses and
development standards. The proposed uses for PD-379 include 81 attached and
detached residential dwellings. Detached residences will be constructed on lots
ranging from 5,000-square feet to 7,700-square feet in size, which is adequate
for the dwelling, garage, driveway and private yard space. The attached units
are proposed on a nearly 2-acre parcel, affording area for the dwellings, garages,
landscape, and common open space.
All units will have adequate vehicular and pedestrian access. Primary
vehicular access is provided from Belardo Road. At widths of 37-feet, internal
streets are wide enough to accommodate travel lanes and street parking.
Pedestrian access is provided throughout the site with pedestrian paseos.
Linkages to the Tahquitz Creek trail are also proposed on the north side of the
site.
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The scale and size of the project is consistent with other residential
projects in the City. Eighty-one units across the 12.38-acre site equates to 6.5-
dwelling units per acre, or 6,658-square feet of gross lot area per residence.
Properties in the vicinity include higher density projects, such as the mobile home
park to the southwest, and lower density projects, like single-family homes in the
Canyons at 3.2-units/acre to the northwest. In addition, to the east, the Cameron
project involves a mix of residential, live/work and commercial space at a density
of 9.5-units/acre. Therefore, the subject property is suitable for the permitted and
proposed uses in PD-379.
c. The proposed establishment of the planned development district is
necessary and proper, and is not likely to be detrimental to adjacent property or
residents.
The project is adjacent to two streets and a watercourse. To the south of
the site are remnants of a demolished automobile dealership. At the northeast
corner of the project site is a derelict commercial property. The proposed land
use will improve the Palm Canyon corridor and will remove an unsightly condition
on-site. Therefore, the proposal is not likely to be detrimental to the adjacent
properties and residents, and will enhance redevelopment of all properties and
improve activity of corridor.
In addition to the above, required findings outlined in Section 94.02.00
Conditional Use Permit apply to Planned Developments. The project as it relates to
these findings is found below:
a. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this Zoning Code;
As part of the proposed project, a change of zone from "R-3" and "C-1" to
PD-379 has been requested to allow the proposed residential development.
Section 94.03.00(B)(1) of the Zoning Code specifically allows a multiplicity of
housing types, such as single-family and multi-family dwellings within the same
project site. Therefore, the use applied for at the subject location is properly one
for which PD is authorized by the 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 proposed use is residential — single-family and multi-family. The
proposed small lot single-family residential has been constructed elsewhere in
Palm Springs, including surrounding areas of the project, wherein smaller lots
exceeding 5,000 square feet accommodate a moderate dwelling size. Each site
will contain a one- to two-story residence with garage and private yard space.
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The multi-family residential will create desirable condominium units that have
garage space, private patio/balcony areas and access to a common pool area.
Development of the subject site with a mix of single-family and multi-family uses
is desirable as a means of bringing a variety of housing choices to the
community, and providing a transition between Palm Canyon Drive and
residential areas to the west.
The land use designation of the site is MU/MU, which allows a variety of
uses including residential. Residential development at a maximum density of 15
units per acre is permitted. At 6.5-units per acre, the project is significantly lower
than the density permitted for the 12.38-acre site. Thus, the use is consistent
with the general plan.
The project will consist of one- and two-story residential buildings on
undeveloped land which will be re-zoned to PD-379. No other uses are
permitted within this zone. Should alternate uses be proposed, an amendment to
the PD would be required. Consequently, the use is not detrimental to the
existing uses or to future uses specifically permitted in the zone (PD-379).
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 project consists of a grouping of parcels to form the overall 12.38-acre
site with internal private streets, privately owned units and both private and
common open spaces. The PD will establish all development standards for each
residential parcel to accommodate typical single-family and multi-family
residential products with open space and outdoor living (yards, patio space,
landscape, etc.). Therefore, the site for the intended residences is adequate in
size and shape to adjust such use to those existing and future permitted uses of
land in the neighborhood.
d. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be generated by the
proposed use;
The project proposes primary vehicular access from Belardo Road.
Identified as a Collector Street by the General Plan, Belardo Road is improved
with a travel lane in each direction. The Belardo bridge to the northwest of the
site was recently constructed and extends traffic north of the site towards
downtown. An emergency vehicle access point is proposed on Palm Canyon
Drive.
Existing General Plan conditions indicate that Belardo Road and Palm
Canyon Drive are operating at Level of Service (LOS) A. Future General Plan
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build out condition (2025) indicate that Belardo Road and Palm Canyon Drive will
continue to operate at LOS A. The density analyzed by the General Plan for the
subject property was up to 15 units per acre. With the project build out, density
will be 6.5 units per acre, causing less impact than that which was analyzed by
the General Plan. Thus, the project will be adequately served by the adjacent
streets, which are properly designed and improved to carry the type and quantity
of traffic generated.
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.
A set of draft conditions of approval are proposed and attached to this
staff report as Exhibit "A" to ensure the public health, safety and general welfare
are protected.
SECTION 4. Public Benefit. In accordance with the City Council Policy on
Planned Development, the identified public benefits include two components:
a. The project as a Public Benefit — The project fulfills key General Plan
objectives for community beautification and improved circulation, as follows:
I. Improve and landscape the Tahquitz Creek trail in accordance with the
Tahquitz Creek Trail Master Plan;
ii. Providing internal pedestrian sidewalk paseos that are separate from the
street;
iii. Enhancing circulation with the trail improvement; and
iv. Providing park space at the northwest and northeast corners of the site.
b. Off-site Improvements— The project includes off-site improvements, including
the south side of the Tahquitz Creek. The developer will pursue permitting
with Riverside County Flood Control, improve pathways and install landscape
consistent with the Master Plan.
SECTION 5. Tentative Tract Map: Findings are required for the proposed
subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a
discussion of the project as it relates to these findings follow:
a. The proposed Tentative Tract Map and Tentative Parcel Map are consistent
with all applicable general and specific plans.
The land use designation of the site is MU/MU, which allows a variety of
uses including residential. Residential development at a maximum density of 15
units per acre is permitted. At 6.5-units per acre, the project is consistent with
the density permitted for the 12.38-acre site.
Street circulation will be consistent with the General Plan Circulation
Element. Dedication of right-of-way is provided along Palm Canyon Drive to
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accommodate the westerly half street width necessary for a Major Thoroughfare,
pursuant to Figure 4-2 of the Circulation Element. Internal streets will be
improved to thirty-seven feet, which complies with minimum requirements for
private streets according to the Circulation Element. Consequently, the project is
consistent with the General Plan.
b. The design and improvements of the proposed Tentative Tract Map and
Tentative Parcel Map are consistent with the zone in which the property is located.
The proposed project includes a PD in lieu of change of zone to PD-379,
and seeks a specific development plan for the 12.38-acre site. There will be 81
residences with improved street access, utilities and other typical services
provided to residential development. Developable lots are required to be at least
5,000-square feet in size. The PD also proposes a set of development
standards.
C. The site is physically suited for this type of development.
The existing site conditions consist of low vegetation, boulders and native
soil. The site slopes from the northwest corner to the east, southeast and south
sides of the property. Site elevations range from 452 to 485 above mean sea
level, a 33-ft variation over a 900-ft east-west span. This equates to an average
slope of less than 4%.
The site will be graded to accommodate the proposed development. Such
grading is designed to follow existing sloped patterns on-site. Each developable
lot will be designed to accommodate a detached residence, multi-family buildings
or accessory structures. Therefore, the site is physically suited for this type of
development and is proposed with adequate access to the network of public
streets.
d. The site is physically suited for the proposed density of development.
The project proposes an overall site density of 6.5 dwelling units per acre,
which is consistent with the General Plan land use designation of MU/MU. The
12.38-acre site abuts improved public streets with existing utilities and with right of
way widths that are projected in the City's 2007 General Plan to operate at normal
LOS. Consequently, the site is physically suited for the proposed density of
development.
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Tract Map and associated Planned Development District have
been reviewed under the California Environmental Quality Act, and a Mitigated
Negative Declaration is proposed. Mitigation measures have been included which
Resolution No. 24100
Page 9
will reduce potential impacts to less than significant levels. The project will
therefore not damage or injure fish, wildlife or their habitats.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the proposed subdivision includes connections to all public
utilities including water and sewer systems. The layout of internal private streets
provides access to each lot. The subdivision is proposed with sidewalks along
private open spaces. No serious public health problems are anticipated.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the property
within the proposed subdivision.
Public easements will be provided to accommodate needed utilities, as well
as a master drainage line that will be constructed at a future time. There are no
other easement conflicts known with the design of the proposed subdivision.
Therefore, the design of the subdivision will not conflict with easements for access
through or use of the property.
SECTION 6. Architectural Review: Pursuant to Section 94.04.00(D) of the Palm
Springs Zoning Code, the City Council finds:
1. The proposed development provides a desirable environment for its
occupants.
The proposed project includes a mix of single-family residential and multi-
family residential units. Homes are one- and two-stories in size and include
private open space and garages for covered parking. A common pool area will
be accessible for the residents and their visitors.
2. The proposed development compatible with the character of adjacent and
surrounding developments.
The project is adjacent to the Tahquitz Creek to the north and remnants of
a demolished commercial site to the south. West of the project site is vacant
land and east of the site is a mixed use project under construction with
commercial space, live/work and residential. The proposed one- and two-story
residential project will be compatible with the character of adjacent and
surrounding developments.
3. The proposed development is of good composition, materials, textures, and
colors.
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Preliminary designs include a mix of one- and two-story structures
designed in a contemporary modern vernacular with flat, folded plate and sloped
roofs. Residences consist of stucco as the primary application with stone or
concrete veneers on the front elevation.
4. Site layout, orientation, location of structures and relationship to one another
and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e.,
sidewalks as distinct from parking lot areas;
Single-family homes are designed and plotted such that one side yard
provides privacy to the adjacent property. Although small in size, the private yard
spaces and rooftop decks are nicely oriented toward the westerly mountain
views. The Multi-family portion provides good pedestrian connections with
landscape and pool amenities.
5. Harmonious relationship with existing and proposed adjoining developments
and in the context of the immediate neighborhood/community, avoiding both excessive
variety and monotonous repetition, but allowing similarity of style, if warranted;
The architectural style of the units in the proposed development is
modern. The development under construction opposite of Palm Canyon is also
modern. However, the neighborhood includes a mix of Spanish and modern
styles.
6. Maximum height, area, setbacks and overall mass, as well as parts of any
structure (buildings, walls, screens, towers or signs) and effective concealment of all
mechanical equipment;
The proposed buildings conform to the height limits of the R-3 and C-1
zones and will have three and seven foot side yard setbacks for the single-family
properties, allowing a larger usable side yard. Equipment will be screened per
the zoning code requirements.
7. Building design, materials and colors to be sympathetic with desert
surroundings;
Neutral colors are proposed and consistent with the surrounding desert
environment.
8. Harmony of materials, colors and composition of those elements of a
structure, including overhangs, roofs, and substructures which are visible
simultaneously
Three floor plans with two elevation options each are proposed for the
single-family residences. This allows a mix of good composition along the
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internal streets and the Tahquitz Creek. The multi-family residential buildings
include a mix of flat and folded plate roof lines and decorative block.
9. Consistency of composition and treatment
There is consistency in the composition and treatment of the buildings as
proposed.
10. Location and type of planting, with regard for desert climate conditions.
Preservation of specimen and landmark trees upon a site, with proper irrigation to
insure maintenance of all plant materials
The proposed landscape plans are consistent with desert appropriate
trees and plants.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council hereby adopts a Mitigated Negative Declaration and approves Case Nos.
5.1378 PD-379 ZC, 3.3876 MAJ and TTM 36914; to establish (56) single-family
dwellings and (25) multi-family residences, open space and streets on a 12.38-acre site,
which includes a subdivision of 57 residential lots, one of which being proposed for
condominium purposes, as a well as common area parcels for streets and open space,
subject to conditions of approval attached herein as Exhibit A.
ADOPTED THIS 21ST DAY OF SEPTEMBER, 2016.
David H. Ready, City r
ATTEST:
,,,Ames Thompson, City Clerk
Resolution No. 24100
Page 12
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. 24100 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on September 21, 2016, by the
following vote:
AYES: Councilmember Foat, Councilmember Kors, Councilmember Roberts, and
Mayor Moon.
NOES: Mayor Pro Tern Mills.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
61,City of Palm Springs, California t�o6�Lo
Resolution No. 24100
Page 13
EXHIBIT A
Case No. 5.1378 PD-379, 3.3876 MAJ and TTM 36914
Planned Development District Major Architectural Application and Tentative Tract Map
12.38-acres on west side of South Palm Canyon Drive, south of Tahquitz Creek and
East of Belardo Road
777 South Palm Canyon Drive
September 21, 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.
ADDED CONDITIONS:
PCC 1. A rock crushing test shall be conducted on site and shall be monitored and
evaluated by the environmental monitor engaged by the City to monitor
conformance to the mitigation monitoring program. Should the test exceed
noise or air quality standards identified in the environmental study, on-site
rock crushing shall not be permitted.
PCC 2. Unless approved otherwise by the Planning Commission, a 50/50 mix of one-
and two-story homes shall be provided on northerly and westerly edges of the
site. Where two-story homes are constructed in these locations, they shall be
limited to the product type that has the second story near the internal streets.
PCC 3. Rentals of homes, including casitas, are permitted for no less than a 30-day
rental period. Casitas shall not be rented separately as a vacation rental.
PCC 4. Wall design facing Tahquitz Creek to return to AAC for review.
PCC 5. Privacy and orientation of second floor space to be considered when
determining final product types for each single-family home site.
PCC 6. Developer to landscape/improve south side of Tahquitz Creek. Developer to
provide cash bond for construction of Palm Canyon Drive undercrossing,
consistent with the Tahquitz Creek Master Plan.
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Page 14
PCC 7. Vehicular gates are not allowed (see also PLN 18).
PCC 8. Further refine the westernmost houses on Belardo to address the slope
conditions as a part of the Final PD review.
ADMINISTRATIVE CONDITIONS
ADM 1. Project Description. This approval is for the project described per Case
(5.1378 PD 379 ZC / 3.3876 MAJ / TTM 36914), except as modified with the
approved Mitigation Monitoring Program and the conditions below.
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, including site plans, tentative tract
maps, 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. Tentative Map. This approval is for Tentative Tract Map 36914, date stamped
September 12, 2016. This approval is subject to all applicable regulations of
the Subdivision Map Act, the Palm Springs Municipal Code, and any other
applicable City Codes, ordinances and resolutions.
ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1378 PD 379 ZC / 3.3876 MAJ / TTM 36914. 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 or 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
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retains the right to settle or abandon the matter without the applicant's
consent but should it do so, the City shall waive the indemnification herein,
except, the City's decision to settle or abandon a matter following an adverse
judgment or failure to appeal, shall not cause a waiver of the indemnification
rights herein.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Time Limit on Approval. Approval of the Planned Development District (PD),
Tentative Tract Map (TTM) and Major Architectural Applications (MAJ) shall
be valid for a period of two (2) years from the effective date of the approval.
Extensions of time for the PD and MAJ may be granted by the Planning
Commission upon demonstration of good cause.
Extensions of time for the TTM may be approved pursuant to Code Section
9.63.110. Such extension shall be required in writing and received prior to
the expiration of the approval.
ADM 9. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 10, Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
Resolution No. 24100
Page 16
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 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,
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 $1,165 filing fee shall also be paid to the City Planning
Department for administrative review purposes.
Resolution No. 24100
Page 17
ADM 15. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ADM 16. Community Facilities District. The project will bring additional residents,
visitors and activities to the community that will potentially impact the needs
for public safety services beyond the City's ability to provide such services;
and because such services, including police protection, criminal justice, fire
protection and suppression, ambulance, paramedic and other safety services,
and recreation, library, cultural services are near capacity, the City has
established a Community Facilities District to which this project shall be
annexed, subject to conditions of approval; and
Prior to recordation of the final map or, at the City's option, prior to issuance
of certificate of occupancy, the developer shall agree to support formation of
or annexation into a Community Facilities District (CFD) to include the project
site. Developer further agrees to waive any right of protest or contest such
formation or annexation, provided that the amount of any assessment for any
single family dwelling unit (or the equivalency thereof when applied to multiple
family, commercial or industrial) as established through appropriate study
shall not exceed $500 annually per dwelling unit or dwelling unit equivalency
unit, subject to an annual consumer price index escalator. Prior to sale of any
lots, or prior to the issuance of any certificate of occupancy, or prior to any
approval of the Building Official that will allow the premises to be occupied,
the CFD shall be formed, the annexation thereto shall occur, or at the option
of the City Manager and Building Official, a covenant agreement may be
recorded against any affected parcel(s) with the project, evidencing the
Owner's binding consent, approval, and waiver of rights as provided in this
condition of approval.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Multi-species Habitat Conservation Fees. The project is within the
boundaries of the both the Coachella Valley Multiple Species Habitat
Conservation Plan (CVMSHCP) and the Tribal Habitat Conservation Plan
(THCP). The applicant shall pay applicable development mitigation fees,
prior to the issuance of grading permit for THCP and prior to certificate of
occupancy for CVMSHCP.
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 (City
Council decision). 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
Resolution No. 24100
Page 18
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. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. Mitigation measures are defined in the Project
Mitigated Negative Declaration and summarized here as follows:
AIR QUALITY.
Mitigation Measures Ill (b):
The following measures will further reduce emission of potentially harmful
pollutants and should be included in project grading and dust control plans, as
well as in construction and construction traffic staging:
1. Construction equipment, delivery trucks, worker vehicles, and haul trucks will
limit idling time to no more than 5 minutes.
2. The grading contractor shall certify in writing that all construction equipment is
properly serviced and maintained in good operating conditions. Certification
shall be provided to City Engineer for review and approval.
3. Diesel-powered construction equipment shall utilize aqueous diesel fuels, and
be equipped with diesel oxidation catalysts.
4. A fugitive dust plan shall be prepared for the proposed project and shall be
approved by the City Engineer. Said plan shall include but not be limited to
the following best management practices:
5. Chemically treat soil where activity will cease for at least four consecutive
days;
6. All construction grading operations and earth moving operations shall cease
when winds exceed 25 miles per hour;
7. Water site and equipment morning and evening and during all earth-moving
operations;
& Operate street-sweepers on paved roads adjacent to site;
9. Establish and strictly enforce limits of grading for each phase of development;
and/or
10.Stabilize and re-vegetate areas of temporary disturbance needed to
accomplish each phase of development.
11. Wash off trucks as they leave the project site as necessary to control fugitive
dust emissions.
12.Cover all transported loads of soils, wet materials prior to transport, provide
adequate freeboard (space from the top of the material to the top of the truck)
to reduce PM10 and deposition of particulate matter during transportation.
13. Use track-out reduction measures such as gravel pads at project access
points to minimize dust and mud deposits on roads affected by construction
traffic.
14. Construction equipment and materials shall be sited as far away from
residential and park uses as practicable.
Resolution No. 24100
Page 19
15. The following Best Control Measures (BCM) shall be utilized by the
contractor, as required, to limit impacts to air quality:
1. BCM-1: Further Control of Emissions from Construction Activities:
Watering, chemical stabilization, wind fencing, revegetation, and track-out
control.
2. BCM-2: Disturbed Vacant Lands: Chemical stabilization, wind fencing,
access restriction, and revegetation.
3. BCM-3: Unpaved Roads and Unpaved Parking Lots: Paving, chemical
stabilization, access restriction, and revegetation.
4. BCM-4: Paved Road Dust: Minimal track-out, stabilization of unpaved road
shoulders, and clean streets maintenance.
16.Existing power sources should be utilized where feasible via temporary power
poles to avoid on-site power generation.
17.Imported fill and paving materials, as well as any exported material, shall be
adequately watered prior to transport, covered during transport, and watered
prior to unloading.
18.Each portion of the project to be graded shall be pre-watered prior to the
onset of excavation, grading or other dust-generating activities.
19. On-going watering soil stabilization of disturbed soils, especially in the staging
area, shall be employed on an on-going basis after the initiation of any
grading activity on the site. Portions of the site that are actively being graded
shall be watered regularly to ensure that a crust is formed on the ground
surface, and shall be watered at the end of each workday.
20.SCAQMD Rule 403 shall be adhered to, ensuring the clean-up of
construction-related dirt on approach routes to and from the site.
21.All grading activities shall be suspended during first and second stage ozone
episodes or when winds exceed 25 miles per hour.
22.SCAQMD Rule 1113 shall be adhered to, ensure low VOC
paints/architectural coatings are used on all surfaces.
Monitoring 111 (b):
A. Prior to the issuance of grading permits and authorization to proceed, the City
Engineer shall review and approve project staging and detailed dust
management plans. The dust control plan or equivalent documentation shall
also address issues of construction vehicle staging and maintenance.
Implementation of these mitigation measures will ensure that impacts
associated with PM10 are mitigated to a less than significant level.
Responsible Parties: City Engineer, General Contractor
B. The City or its designee shall conduct daily inspections of the project and
intervene when contractor deviates from City-approved plans. Daily logs shall
be maintained on the activities and their conformance to the project's dust
control plan.
Responsible Parties: City Engineer staff or designee
Resolution No. 24100
Page 20
BIOLOGICAL:
MM iV.1 Any ground disturbing activity proposed for the period from
February 1 to August 31 shall be preceded by a nesting bird survey
performed by a qualified biologist. The biologist shall perform the survey
within 30 days of the initiation of activities, and provide mitigation measures
should nesting birds be identified. A report of findings shall be provided to the
City prior to the initiation of ground disturbing activities..
CULTURAL RESOURCES:
MM V-1 The applicant/developer shall provide evidence to the City of Palm
Springs Planning Department that a certified archaeologist has been
contracted to implement a Cultural Resource Impact Mitigation Plan
(CRMMP) to mitigate potential impacts to 33-91961CA-RIV-45 and
undiscovered buried archaeological resources associated with this project.
The CRMMP shall be completed to the satisfaction of the Agua Caliente
THPO.
The CRMMP shall include, but shall not be limited to, the following guidelines:
(1) Prior to grading, the entire project area including site 33-9196/CA-R1V-
45, shall be systematically graded in a controlled manner. if buried
features are discovered these will be assessed for significance and
considered for inclusion on the Tahquitz Canyon National Register Site
33-9196. The Project Archaeologist, in consultation with the City
Planning Department and Agua Caliente THPO, shall determine the
significance of the discovered resources.
(2) The applicant/developer shall contract with the Agua Caliente THPO
for the grading monitoring program.
(3) The project archaeologistIHistorian and THPO shall attend the pre-
grading meeting with the contractors to explain and coordinate the
requirements of the monitoring program.
(4) The project archaeologist shall monitor all areas identified for
development including off-site improvements.
(5) Prior to grading the applicant/developer is responsible for the
completion of analysis, reporting and curation of previously incomplete
archaeological work started by ASM Affiliates.
(6) Prior to grading the applicant/developer's archaeologist must submit a
plan for inadvertent discover of human remains.
(7) Prior to grading the City, applicant/developer and the THPO must
agree upon potential preservation area(s) for reburial of human
remains.
(8) An adequate number of monitors (archaeological/historical/Native
American) shall be present to ensure that all earth moving activities are
observed and shall be on-site during all grading activities for areas to
be monitored.
Resolution No. 24100
Page 21
(9) During the original cutting of previously undisturbed deposits, the
archaeological monitor(s) and Native American monitor(s) shall be
onsite as determined by the THPO and project archaeologist
inspections will vary based on the rate of excavation, the materials
excavated, and the presence and abundance of artifacts and features.
The frequency and location of inspections will be determined in
consultation with the project archaeologist, the THPO and City.
(10)lsolates and clearly non-significant deposits shall be minimally
documented in the field and the monitored grading can proceed.
(11)ln the event that previously unidentified potentially significant cultural
resources are discovered, the archaeological monitor(s) shall have the
authority to divert or temporarily halt ground disturbance operations in
the area of discovery to allow evaluation of potentially significant
cultural resources. The project archaeologist shall contact the THPO
and the City Planning Department at the time of discovery. The project
archaeologist, in consultation with the City and the THPO, shall
determine the significance of the discovered resources. The City and
the THPO must concur with the evaluation before construction
activities will be allowed to resume in the affected area.
(12)Before construction activities are allowed to resume in the affected
area, the artifacts shall be recovered and features recorded using
professional archaeological methods. In consultation with the THPO
and the City, the project archaeologist shall determine the amount of
material to be recovered for an adequate artifact sample for analysis.
(13)ln the event that previously unidentified cultural resources are
discovered, all cultural material collected during the grading monitoring
program shall be processed and curated at facility agreed upon by the
City and THPO, that meets federal standards per 36 CFR Part 79. The
collections and associated records shall be transferred, to an
appropriate curation facility within Riverside County, to be
accompanied by payment of the fees necessary for permanent
curation. Title of the collection will be granted to the Agua Caliente
Band of Cahuilla Indians. Evidence shall be in the form of a letter from
the curation facility identifying that archaeological materials have been
received and that all fees have been paid.
Upon completion of the implementation phase, a final report shall be
submitted describing the plan compliance procedures and site conditions
before and after construction.
MM V-2 Prior to the issuance of rough grading permits, a qualified
archaeologist (pursuant to the Secretary of the interior's standards and
guidelines) shall be retained by the applicant/developer. The developer shall
submit a copy of a signed contract between the project archaeologist and the
developer/permit holder for the monitoring of the project, and which
addresses the treatment of cultural resources, to the Planning Department.
The Archaeological Monitor(s) shall have the authority to temporarily divert,
Resolution No. 24100
Page 22
redirect or halt the ground disturbance activities to allow recovery of cultural
resources.
MM V-3 Prior to the issuance of grading permits, the developer/permit
applicant shall enter into a contract with a Tribal monitor(s) from the Agua
Caliente Band of Cahuilla Indians Tribal Historic Preservation Office (THPO)
who, at the tribe's discretion, shall be on-site during ground disturbing
activities. The developer shall submit a copy of a signed contract between the
THPO and the developer/permit holder for the monitoring of the project, and
which addresses the treatment of cultural resources, to the Planning
Department. The Native American Monitor(s) shall have the authority to
temporarily divert, redirect or halt the ground disturbance activities to allow
recovery of cultural resources. Native American groups shall be given a
minimum notice of two weeks that a monitor is required. If a monitor is not
available, work may continue without the monitor. The project archaeologist
shall include in the Phase IV Archaeological Monitoring report any concerns
or comments that the monitor has regarding the project and shall include as
an appendix any written correspondence or reports prepared by the Native
American monitor.
a) Native American monitoring does not replace any Archaeological
monitoring required by an approved Archaeologist, but rather serves as a
supplement for coordination and advisory purposes for the Tribes' interests
only.
b) The developer/permit applicant shall not be required to further pursue any
agreement for Native American monitoring of this project if after 60 days from
the initial attempt to secure an agreement the developer/permit applicant,
through demonstrable good faith effort, has been unable to secure said
agreement from the Tribe. A good faith effort shall consist of no less than 3
written attempts from the developer/permit applicant to the tribe to secure the
required special interest monitoring agreement and appropriate e-mail and
telephone contact attempts. Documentation of the effort made to secure the
agreement shall be submitted to the Planning Department for review and
consideration.
c) Should repatriation of collected cultural items be preferred, it shall not
occur until after the Phase IV monitoring report has been submitted to the
Planning Department. Should curation be preferred, the developer/permit
applicant is responsible for all costs and the repository and curation method
shall be described in the Phase IV monitoring report.
MM V-4 Prior to brush clearing and/or earth moving activities, a qualified
archaeologist meeting the Secretary of the Interior's Professional
Qualifications Standards for archaeology shall conduct cultural resources
sensitivity training for all construction personnel. Construction personnel
shall be informed of the proper procedures to be enacted in the event of an
inadvertent discovery of archaeological resources or human remains. A sign-
Resolution No. 24100
Page 23
in sheet signed by all attendees of the aforementioned training shall be
included in the Phase IV Monitoring Report.
MM V-5 Prior To Grading Certification: The developer shall submit the
archaeologist's final report, including one (1) wet-signed paper copy and (1)
CD of a Phase IV Cultural Resources Monitoring Report that complies with
the requirements for such reports for all ground disturbing activities
associated with this grading permit. The report shall follow the Archaeological
Resources Management Report format. The Planning Department and THPO
shall review the report to determine adequate compliance with the approved
conditions of approval. Upon determining the report is adequate, the Planning
Department shall clear this condition.
MM V-6 Prior To Grading Certification, the developer/ applicant shall
provide evidence to the satisfaction of the Planning Department and THPO
that all archaeological materials recovered during archaeological
investigations have or will be curated at a curation facility, agreed upon
between the City and the THPO, that meets federal standards per 36 CFR
Part 79. The collection and associated records shall be transferred and are to
be accompanied by payment of the fees necessary for permanent curation.
Title shall be transferred to the Agua Caliente Band of Cahuilla Indians.
Evidence shall be in the form of a letter from the curation facility identifying
that archaeological materials have been received and that all fees have been
paid.
MM V-7 Removal of Human Remains. Should human remains be
uncovered, California law requires that all development activity be
suspended, and that the procedures established in Public Resources Code
5097.94 be followed to determine the disposition of the remains. Compliance
with the law will reduce potential adverse impacts to less than significant
levels.
NOISE:
MM X11-1 The construction contractor shall limit haul truck deliveries to the
same hours specified for construction equipment in the Palm Springs
Municipal Code.
MM Xll-2 Haul routes shall not pass sensitive land uses or residential
dwellings and should avoid using alleyways adjacent to said uses.
MM XII-3 The project contractor shall use power construction equipment with
state of the art noise shielding and muffling devices.
MM Xll-4 During all project site excavation and grading on-site, construction
contractors shall equip all construction equipment, fixed or mobile, with
Resolution No. 24100
Page 24
properly operating and maintained mufflers, consistent with manufacturers'
standards.
MM X11 -5 The construction contractor shall locate equipment staging in areas
that will create the greatest distance between construction-related noise
sources and noise sensitive receptors nearest the project site during all
project construction.
MMXII-6 The construction contractor shall place all stationary construction
equipment so that emitted noise is directed away from the noise sensitive
receptors nearest the project site.
MM Xll-7 A six-foot high barrier should be constructed to lower exterior noise
levels. Masonry wall and acoustical fencing portions of the proposed barrier
should descend all the way to the ground and contain no holes or openings.
MMXII -8 The project developer must show evidence that wall assembly
construction of rooms being utilized for residential purposes will provide an
adequate exterior to interior noise reduction to achieve interior noise levels of
no more than 45 dBA CNEL.
ENV 4. Reimburse City for Monitoring Expenses. The developer shall reimburse the
City for the City's costs incurred in monitoring the developer's compliance
with the conditions of approval and mitigation monitoring program, including,
but not limited to inspections and review of developer's operations and
activities for compliance with all applicable mitigation measures. This
condition of approval is supplemental and in addition to normal building permit
and public improvement permits that may be required pursuant to the Palm
Springs Municipal Code.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down-lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00 and Chapter 11.06) of
the Palm Springs Municipal Code and all other relevant 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
Resolution No. 24100
Page 25
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 City's Water Efficient Landscape Ordinances.
PLN 3. Palm Tree Requirement. In accordance with Planning Commission
Resolution No. 1503, dated November 18, 1970, the developer is required to
plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground
to fronds in height) 60 feet apart along the entire frontage of Palm Canyon
Drive and/or Tahquitz Canyon Way median. The existing Robusta / Mexican
Fan Palms at the Palm Canyon Drive frontage shall be replaced with
California Fan Palms.
PLN 4. 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
permit/program to the Department of Planning Services prior to the issuance
of building permits.
PLN 5. 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 6. Maintenance of Awnings & Proiections. All awnings shall be maintained and
periodically cleaned.
PLN 7. 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 8. 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 9. 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 10. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 11. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
Resolution No. 24100
Page 26
PLN 12. 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 13. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and visitors. Location and design
shall be approved by the Director of Planning.
PLN 14. Update of City's Zoning Map. Upon approval of the proposed Change of
Zone, Tract Map and/or Planned Development District, the applicant shall be
responsible for costs associated with update of the City's GIS based zoning
maps.
PLN 15. Provide 'smart controllers' for all irrigation systems.
PLN 16. Public Benefit. Prior to approval of the Final Map and the issuance of any
grading or other permit, the applicant shall obtain approval from Riverside
County Flood Control for improving and landscaping the south side of the
adjacent Tahquitz Creek trail in accordance with the Tahquitz Creek Master
Plan. With the exception of the underground passage, the improvements shall
occur prior to certificate of approval.
PLN 17. Pedestrian Connections to Palm Canyon. The applicant shall provide at least
two pedestrian connections from the Multi-family portion of the site direct to
the sidewalks on Palm Canyon Drive.
PLN 18. Vehicular Entry Gate(s). In accordance with General Plan Policy CD14.4, the
primary vehicular access point from Belardo shall not be gated. The
proposed gates shall be removed from the project.
PLN 19. (Deleted)
PLN 20. Development Standards.
Standards
Lot Stari�artls
Mm +rea Multi-Family (MFR): --85,248 SF
r s i
Single Family Residential (SFR): 5,000 SF
MIn Y, idth MFR: 640ft min.
' A SFR: 53ft min.
Mint'Depth MFR: 130ft. min.
SFR: 95ft min.
Building Heighty MFR: 24ft. max.
SFR: 15ft to 24 ft. max.
,Dens it' . 6,658 SF of lot area per unit-including both MFR and SFR dwellings
Resolution No. 24100
Page 27
Yard Setbacks
Garage MFR: Garages accessed via motor court
SFR: 18 ft. min.
Front MFR: 30ft from Palm Canyon Drive
SFR: 10ft from internal street
Side MFR: 12ft from North PIL and 30ft from South P/L
SFR: 7ft and 3ft for each lot
Rear MFR: 600ft+from Belardo
SFR: 5ft from propeq line at back of house
Pools/Spas SFR: 2ft. from side or rear property lines
Distance Between Bldgs. MFR: 20ft separation, 28-40ft on interior motor court
SFR: 10ft separation
PLN 21. Common Area Restroom. One of the bathrooms at the swimming pool
complex shall be gender neutral.
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.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
All Grading Plans, Improvement Plans, Required Studies and Documents listed below,
must be submitted to Engineering Services Department for review and approval.
STREETS
Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour
inspection notification is required.
Resolution No. 24100
Page 28
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.
SOUTH PALM CANYON DRIVE
ENG 1. Dedicate an additional 10 feet to provide the ultimate half street right-of-way
width of 50 feet along the entire frontage.
ENG 2. Remove the existing curb located 32 feet west of centerline and replace with
an 8 inch curb and gutter located 38 feet west of centerline along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 200.
ENG 3. Construct a driveway approach (for emergency purposes) located at the
southeast property line in accordance with City of Palm Springs Standard
Drawing No. 201.
ENG 4. Construct an 8 foot wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
ENG 5. The existing palm trees located along the South Palm Canyon Drive frontage
shall be relocated and transplanted by the applicant in conjunction with the
associated street widening; or the applicant may furnish and install new
Washingtonia fiiifera palm trees along the South Palm Canyon Drive frontage,
at equal spacing (Min height of 18' feet with 75% of trunk skinned). The
applicant shall be responsible for installation of a new irrigation and electrical
system in accordance with City of Palm Springs Standard Drawing No. 904,
1101 and 1102 for the palm trees to the satisfaction of the City Engineer.
ENG 6. New or transplanted palm trees shall be guaranteed for a period of one year
from the date of acceptance by the City Engineer. Any palm trees that fail
during the one-year landscape maintenance period shall be replaced with a
new palm tree of similar trunk diameter and height to the satisfaction of the
City Engineer, and shall be subject to a subsequent one-year landscape
maintenance period.
ENG 7. Applicant shall enter into a reimbursement agreement with the developer of
TM 33575 for 50% of the costs associated with design and construction of the
off-site 14-feet wide raised landscaped median island along the entire
frontage of the project.
ENG 8. Construct pavement with a minimum pavement section of 5 inches asphalt
concrete pavement over 4 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
South Palm Canyon Drive frontage in accordance with City of Palm Springs
Standard Drawing No. 110. (Additional pavement removal and replacement
Resolution No. 24100
Page 29
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 9. All broken or off grade street improvements along the project frontage shall
be repaired or replaced.
BELARDO ROAD
ENG 10. Remove portions of existing curb, gutter and sidewalk to construct a 25 feet
radius curb return, spandrel on both sides of the intersection of Belardo Road
and "A" Street in accordance with City of Palm Springs Standard Drawing No.
200 and 206.
ENG 11. Construct a 6 feet wide cross gutter at the intersection of Belardo Road and
"A" Street with a flow line parallel with and located 20 feet east the centerline
of Belardo Road in accordance with City of Palm Springs Standard Drawing
No. 200.
ENG 12. Construct Type A curb ramps meeting current California State Accessibility
standards on both sides of the intersection of Belardo Road and "A" Street in
accordance with City of Palm Springs Standard Drawing No. 212.
ENG 13. 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 in the intersection
of Belardo Road and "A" Street 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 14. All broken or off grade street improvements along the project frontage shall
be repaired or replaced.
ON-SITE
Resolution No. 24100
Page 30
ENG 15. All on-site private streets shall be two-way with a minimum 29 feet wide
travelway (as measured from top of curb) where no on-street parking is
proposed.
ENG 16. All on-site private streets shall be two-way with a minimum 37 feet wide
travelway (as measured from top of curb) where on-street parallel parking is
proposed.
SANITARY SEWER
ENG 17. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
ENG 18. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division. The plan(s) shall be approved by the
City Engineer prior to issuance of any building permits.
ENG 19. Construct an 8 inch V.C.P. sewer main along all on-site street frontages
located 5 feet from centerline or as required by the City Engineer and connect
to the existing public sewer system in South Palm Canyon Drive. All sewer
mains constructed by the applicant and to become part of the public sewer
system shall be digitally video recorded by the City prior to acceptance of the
sewer system for maintenance by the City. Any defects of the sewer main
shall be removed, replaced, or repaired to the satisfaction of the City
Engineer prior to acceptance.
ENG 20. Remove and relocate the existing sewer main from easement along the
frontage of subject property to South Palm Canyon Drive right-of-way as
required by the City Engineer. When the relocation of sewer main has been
completed and accepted by the City of Palm Springs, a summary vacation of
the sewer easement will be required.
ENG 21. All sewer mains constructed by the developer and to become part of the City
sewer system shall be digitally video recorded (Developer shall contact City
treatment plant facility for acceptable digital video format) and submitted to
the City for review prior to acceptance of the sewer system for maintenance
by the City. Any defects of the sewer main shall be removed, replaced, or
repaired to the satisfaction of the City Engineer prior to acceptance.
ENG 22. Upon completion of the construction of public sewer lines, an as-built drawing
in digital format shall be provided to the City as required by the City Engineer,
if the sewer was not constructed in accordance with the original approved
sewer plans.
GRADING
Resolution No, 24100
Page 31
ENG 23. 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 have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella
Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3752, or at 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 Final Water Quality
Management Plan.
ENG 24. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the
applicant shall obtain written approval to proceed with construction from the
Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or
Tribal Archaeologist. The applicant shall contact the Tribal Historic
Preservation Officer or the Tribal Archaeologist at ACBCI-
THPOCa)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 25. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed at the limits of grading and/or
Resolution No. 24100
Page 32
disturbed areas. 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 26. 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 27. 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 28. Prior to issuance of grading permit, the applicant shall provide verification to
the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid
to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP.
ENG 29. A Notice of Intent (NOI) to comply with the California General Construction
Storm water 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 30. This project requires preparation and implementation of a stormwater
pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs
shall include a post-construction management plan (including Best
Management Practices) in accordance with the current Construction General
Permit. Where applicable, the approved final project-specific Water Quality
Management Plan shall be incorporated by reference or attached to the
SWPPP as the Post-Construction Management Plan. A copy of the up-to-
date SWPPP shall be kept at the project site and be available for review upon
request.
ENG 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.022
(h), the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or
more) at the time of issuance of grading permit for mitigation measures for
erosion/blowsand relating to this property and development.
ENG 32. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the
Resolution No. 24100
Page 33
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.
ENG 33. 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 34. 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 35. This project shall be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP's) included as part of the NPDES Permit issued
for the Whitewater River Region from the Colorado River Basin Regional
Water Quality Control Board (RWQCB). The applicant is advised that
installation of BMP's, including mechanical or other means for pre-treating
contaminated stormwater and non-stormwater runoff, shall be required by
regulations imposed by the RWQCB. It shall be the applicant's responsibility
to design and install appropriate BMP's, in accordance with the NPDES
Permit, that effectively intercept and pre-treat contaminated stormwater and
non-stormwater runoff from the project site, prior to release to the City's
municipal separate storm sewer system ("MS4"), to the satisfaction of the City
Engineer and the RWQCB. Such measures shall be designed and installed
on-site; and provisions for perpetual maintenance of the measures shall be
provided to the satisfaction of the City Engineer, including provisions in
Covenants, Conditions, and Restrictions (CC&R's) required for the
development (if any).
ENG 36. 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
Resolution No. 24100
Page 34
to adjacent public streets is prohibited. Construction of operational BMP's
shall be incorporated into the Precise Grading and Paving Plan.
ENG 37. 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.
ENG 38. Prior to issuance of certificate of occupancy or final City approvals (OR of
"final" approval by City), the applicant shall: (a) demonstrate that all structural
BMP's have been constructed and installed in conformance with approved
plans and specifications; (b) demonstrate that applicant is prepared to
implement all non-structural BMP's included in the approved Final Project-
Specific WQMP, conditions of approval, or grading/building permit conditions;
and (c) demonstrate that an adequate number of copies of the approved Final
Project-Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
ENG 39. The applicant shall accept and convey all stormwater runoff across the
property and conduct the runoff to an approved drainage system. On-site
retention may be allowed on that portion of the property where historically,
stormwater runoff is conveyed. The incremental increase of stormwater runoff
due to development of the property shall be retained on-site to the satisfaction
of the City Engineer.
ENG 40. Direct release of on-site nuisance water or stormwater runoff shall not be
permitted to South Palm Canyon Drive. Provisions for the interception of
nuisance water from entering adjacent public streets from the project site
shall be provided through the use of a minor storm drain system that collects
and conveys nuisance water to landscape or parkway areas, and in only a
stormwater runoff condition, pass runoff directly to the streets through
parkway or under sidewalk drains.
ENG 41. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $7271.00 per acre in accordance
Resolution No. 24100
Page 35
with Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
ENG 42. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
ENG 43. Construct storm drain improvements which include but not limited to the
interception of the existing storm drain lines crossing Belardo Road between
Mesquite Avenue and the Tahquitz Creek Flood Control Channel, extending
applicable storm drain lines within the existing right-of-way south along
frontage of Belardo Road to Mesquite Avenue, and East on Mesquite Avenue
to the Intersection of Random Road and connect to Line 29. In the event that
the portion of Line 29 in Random Road extending from Tahquitz Creek is not
constructed, developer shall be obligated to construct all of the Line 29 storm
drain improvements.
ENG 44. 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.
ENG 45. The proposed underground retention system(s) shall be installed on-site and
not within the public right-of-way. The underground stormwater retention
system shall be sized to have a sufficient capacity equal to the volume of
increased stormwater runoff due to development of the site, as identified in a
final hydrology study approved by the City Engineer. A decrease to the
required retention volume may be allowed for percolation of the stormwater
runoff into the underlying gravel and soil, not to exceed 2 inches per hour.
Provisions for maintenance of the underground stormwater retention
system(s) shall be included in Covenants, Conditions, and Restrictions
(CC&R's) for the Home Owners Association (HOA), including reference to the
fact that maintenance and/or replacement of the system may require removal
of existing landscaping improvements within the landscape parkway at the
sole expense of the HOA. The CC&R's shall reserve the right of the City to
inspect and ensure that the underground retention system is operable, and in
the event of its failure, shall provide the City the right to advise the HOA and
require its repair or replacement to the satisfaction of the City Engineer.
GENERAL
ENG 46. 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
......... .. .. .
Resolution No. 24100
Page 36
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 47. On phases or elements of construction following initial site grading (e.g.,
sewer, storm drain, or other utility work requiring trenching) associated with
this project, the applicant shall be responsible for coordinating the scheduled
construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic
Preservation Officer or Tribal Archaeologist. Unless the project site has
previously been waived from any requirements for Tribal monitoring, it is the
applicant's responsibility to notify the Tribal Historic Preservation Officer or
the Tribal Archaeologist at (760) 699-6800, for any subsequent phases or
elements of construction that might require Tribal monitoring. If required, it is
the responsibility of the applicant to coordinate scheduling of Tribal monitors
during construction, and to arrange payment of any required fees associated
with Tribal monitoring. Tribal monitoring requirements may extend to off-site
construction performed by utility companies on behalf of the applicant (e.g.
utility line extensions in off-site streets), which shall be the responsibility of the
applicant to coordinate and arrange payment of any required fees for the
utility companies.
ENG 48. All proposed utility lines shall be installed underground.
ENG 49. 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 running along the westerly property line meet the
requirement to be installed underground. Utility undergrounding shall extend
to the nearest off-site power pole; no new power poles shall be installed
unless otherwise approved by the City Engineer. A letter from the owners of
the affected utilities shall be submitted to the Engineering Division prior to
approval of a grading plan, informing the City that they have been notified of
the City's utility undergrounding requirement and their intent to commence
design of utility undergrounding plans. When available, the utility
undergrounding plan shall be submitted to the Engineering Division identifying
Resolution No. 24100
Page 37
all above ground facilities in the area of the project to be undergrounded.
Undergrounding of existing overhead utility lines shall be completed prior to
issuance of a certificate of occupancy.
ENG 50. 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 51. 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 52. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
drawing "as-built' information and returned to the Engineering Division prior
to issuance of a final certificate of occupancy. Any modifications or changes
to approved improvement plans shall be submitted to the City Engineer for
approval prior to construction.
ENG 53. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or 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 54. 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.
MAP
ENG 55. 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 56. 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.
Resolution No. 24100
Page 38
The Final Map shall be approved by the City Council prior to issuance of
building permits.
ENG 57. 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 58. Upon approval of a final map, the final map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital
Submission" from the Riverside County Transportation and Land
Management Agency." G.I.S. digital information shall consist of the following
data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments
(ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown
as continuous lines; full map annotation consistent with annotation shown on
the map; map number; and map file name. G.I.S. data format shall be
provided on a CDROM/DVD containing the following: ArcGIS Geodatabase,
ArcView Shapefile, Arclnfo Coverage or Exchange file, DWG (AutoCAD 2004
drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing
exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of
the type and format of G.I.S. digital data to be submitted to the City may be
authorized, upon prior approval of the City Engineer.
ENG 59. 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 60. A minimum of 48 inches of clearance for accessibility shall be provided on
public sidewalks or pedestrian paths of travel within the development.
Minimum clearance on public sidewalks or pedestrian paths of travel 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 Belardo Road and South
Palm Canyon frontages of the subject property.
ENG 61. 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.
Resolution No. 24100
Page 39
ENG 62. The applicant shall install a Type R6-1 "One Way" sign within the South Palm
Canyon Median, opposite the driveway located near the south property lines
along south palm canyon drive, as required by the City Engineer.
ENG 63. Install a stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersection of Belardo Road and "A" Street, and
proposed driveway located at the south end of the proposed parking lot with
City of Palm Springs Standard Drawing Nos. 620-625 and the California
Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7,
2014, or subsequent editions in force at the time of construction, as required
by the City Engineer.
ENG 64. Install a street name sign at the intersection of Belardo Road and "A" Street in
accordance with City of Palm Springs Standard Drawing Nos. 620 through
625 and the California Manual on Uniform Traffic Control Devices
(CAMUTCD), dated November 7, 2014, or subsequent editions in force at the
time of construction, as required by the City Engineer.
ENG 65. Construction signing, lighting and barricading shall be provided during all
phases of construction as required by City Standards or as directed by the
City Engineer. As a minimum, all construction signing, lighting and barricading
shall be in accordance with Part 6 'Temporary Traffic Control' of the
California Manual on Uniform Traffic Control Devices (CAMUTCD), dated
November 7, 2014, or subsequent editions in force at the time of construction.
ENG 66. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
These Fire Department conditions may not provide all requirements. Detailed plans are
still required for review.
FID 1 These conditions are subject to final plan check and review. Initial Fire
Department conditions have been determined from the plans received and
dated April 25, 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. Three (3) 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 (CFC 105.1):
Resolution No. 24100
Page 40
Permits and scaled drawings are required for this proiect. Plan reviews can
take up to 20 working days. Submit a minimum of three (3) sets of drawings
for review. Upon approval, the Fire Prevention Bureau will retain one set.
Plans shall be submitted to:
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: 8:00 AM — 6:00 PM, Monday—Thursday
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. These fees are established by Resolution of the Palm Springs City
Council.
Complete listings and manufacturer's technical data sheets for all system
materials shall be included with plan submittals (four sets). 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 include all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards. Plans and supporting data, (calculations
and manufacturers technical data sheets) including fire flow data, shall be
submitted with each plan submittal. Complete and accurate legends for all
symbols and abbreviations shall be provided on the plans.
FID 4 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
FID 5 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be
prohibited unless approved by the fire code official.
FID 6 Security Gates (CFC 503.6): If approved, the installation of security gates
across a fire apparatus access road shall also receive approval by the fire
code official. Where security gates are installed, they shall have an approved
means of emergency operation. Secured automated vehicle gates or entries
shall utilize a combination of a Tomar Strobeswitch TM, or approved equal, and
an approved Knox key electric switch. Electric gate operators, where
provided, shall be listed in accordance with UL 325. Gates intended for
automatic operation shall be designed, constructed and installed to comply
with the requirements of ASTM F 2200 and an approved Knox key electric
switch. Secured non-automated vehicle gates or entries shall utilize an
Resolution No. 24100
Page 41
approved padlock or chain (maximum link or lock shackle size of '/a inch).
Approved security gates shall be a minimum of 14 feet in unobstructed drive
width on each side with gate in open position.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without
the use of special knowledge or any equipment. If a two-gate system is used,
the override switch must open both gates.
If there is no sensing device that will automatically open the gates for exiting,
a fire department approved Knox electrical override switch shall be placed on
each side of the gate in an approved location.
A final field inspection by the fire code official or an authorized representative
is required before electronically controlled pates may become operative. Prior
to final inspection, electronic gates shall remain in a locked-open position.
FID 7 Key Box Required (CFC 506.1): Where access to or within a structure or an
area is restricted because of secured openings or where immediate access is
necessary for life-saving or fire-fighting purposes, the fire code official is
authorized to require a key box to be installed in an approved location. The
key box shall be flush mount type and shall contain keys to gain necessary
access as required by the fire code official.
FID 8 Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational
fire hydrant(s) shall be installed within 250 feet of all combustible construction.
They shall be installed and made serviceable prior to and during construction.
No landscape planting, walls, or fencing is permitted within 3 feet of fire
hydrants, except ground cover plantings
FID 9 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.
• NFPA 13R system required for condominiums
• Shall comply with Palm Springs Fire Code Appendix L
FID 10 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13D, 2013 Edition, as modified by local ordinance.
• NFPA 13D system required for single family dwellings
• Shall comply with Palm Springs Fire Code Appendix L
Resolution No. 24100
Page 42
FID 11 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 12 Audible Residential Water Flow Alarms - NFPA 13D & 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.
END OF CONDITIONS