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HomeMy WebLinkAbout23889 RESOLUTION NO. 23889 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING FINAL TRACT MAP 36738 AND AN ASSOCIATED SUBDIVISION IMPROVEMENT AGREEMENT WITH PALM RIDGE HOUSING, LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR PROPERTY LOCATED AT 665 WEST RAMON ROAD, IN SECTION 22, TOWNSHIP 4 SOUTH, RANGE 4 EAST. A6743 WHEREAS, the Planning Commission of the City of Palm Springs, at its meeting of October 22, 2014, recommended approval of Tentative Tract Map 36738, subject to conditions; and WHEREAS, the City Council of the City of Palm Springs, (hereinafter the "City"), at its meeting of November 19, 2014, approved Tentative Tract Map 36738 subject to conditions; and WHEREAS, Palm Ridge Housing LLC, a Delaware Limited Liability Company, (hereinafter the "Subdivider"), has filed Tract Map 36738 with the City in accordance with Section 66458 of the California Government Code; and WHEREAS, the Subdivider, offers for dedication to the City of Palm Springs for public utility and street purposes lots "F" through "J" inclusive, an easement for public utility purposes shown within said map as "5-foot P.U.E.", an easement for public purposes shown within said map as "sidewalk easement' for pedestrian ingress and egress purposes, and all as shown on Tract Map 36738; and WHEREAS, required public improvements have not been completed by the Subdivider as of the filing of Tract Map 36738, and the Subdivider has requested that the City enter into a Subdivision Improvement Agreement with the Subdivider to secure the cost of public improvements in accordance with Section 66462 of the California Government Code. NOW, CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Tract Map 36738 is in substantial conformance with the approved Tentative Tract Map 36738. SECTION 2. Tract Map 36738 is in conformance with the General Plan. SECTION 3. Tract Map 36738 conforms to all requirements of the Subdivision Map Act of the State of California. Resolution No. 23889 Page 2 SECTION 4. In accordance with Section 66477.1 of the California Government Code, the offers of dedication to the public on Tract Map 36738 shall be accepted by the City Clerk, subject to improvement, who shall certify acceptance by signature on the map thereof. SECTION 5. The City Council hereby approves a Subdivision Improvement Agreement for Tract Map 36738 with the Subdivider, and accepts subdivision improvement securities in conformance with the requirements therein for public improvements. SECTION 6. The City Manager is hereby authorized to execute the Subdivision Improvement Agreement with the Subdivider. SECTION 7. The City Clerk shall cause to have recorded the Subdivision Improvement Agreement with the Riverside County Recorder. SECTION 8. Requisite conditions associated with Tentative Tract Map 33575 have been satisfied, or will be satisfied pursuant to the Subdivision Improvement Agreement for Tract Map 33575 approved herewith. SECTION 9. Tract Map 36738 is hereby approved for purposes therein defined. ADOPTED THIS 2No DAY OF SEPTEMBER, 2015. David H. Ready, City ATTEST: es Thompson, City Clerk Resolution No. 23889 Page 3 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. 23889 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 2"d day of September, 2015, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tem Lewin, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk City of Palm Springs, California Resolution No,23705 Page 5 EXHIBIT A TENTATIVE TRACT MAP 36738 FOR A 40-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION LOCATED SOUTH OF RAMON ROAD AND EAST OF BELARDO ROAD. November 19, 2014 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Proiect Description. This approval is for the project described per Case TTM 36738; except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. 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 3. Tentative Mao. This approval Is for Tentative Tract Map 36738 located at Ramon Road date stamped 9.22.14. 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 4. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM 36738. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or falls to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Resolution No. 23705 Page 6 Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 5. 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 6. Time Limit on Aooroval. Approval of the Tentative Tract Map (TTM36738) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Extensions of time may be approved pursuant to Code Section 9,63.110. Such extension shall be required in writing and received prior to the expiration of the original approval. ADM 7. 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 8. 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 112% 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 9. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City Resolution No.23705 Page 7 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 traits (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). ADM 10. 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 11. 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 12. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500, for the review of the CC&R's by the City Attorney. A $675 filing fee shall also be paid to the City Planning Department for administrative review purposes. ADM 13. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Resolution No.23705 Page B Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. ADM 14. CFD. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Facilities District(CFD) under the authority of Government Code Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually per dwelling unit or dwelling unit equivalency unit, subject to an annual consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitioaka Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. ENV 3. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are defined in the approved project description. ENV 4. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground-disturbing activities. Resolution No. 23705 Page 9 ENV 5. a). A Native American Monitors) shalt be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 3. Sign Applications Reouired. 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. PLN 4. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Department which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: Resolution No.23705 Page 10 a. The document to convey title. b. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded. c. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels and open space restrictions. The approved documents shall contain a provision which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest. PLN 5. Submittal of Final Plans, The Final Plans including landscape plans of all common areas, wall design and floor plans of individual units shall be submitted and returned to the City Council for final approval. (Added by the City Council on November 19, 2014) 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 on the site plan dated May 7, 2014. Additional requirements may be required. FID 2 Fire Department Conditions are based on the 2013 California Fire Code. Three 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. FID 3 Fire department access roads/driveways shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. FID 4 Security Gates (CFC 503.6): A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar StrobeswitchTM, or approved equal, and an approved Knox key electric switch when required by the fire code official. The installation of security gates across a fire apparatus access road shall be approved by the Fire Chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gates in the open position. Resolution No, 23705 Page 11 FID 5 Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 503.2.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City Engineer. No parking shall be allowed in either side of the roadway. The following text, developed in concert with Engineering, Planning, and Fire is proposed as alternative text for the Circulation Element, page 4-5: • Local. Primarily provides access to individual parcels of land. Minimum right- of-way is 50 feet. In Estate, Very Low and Low Density Residential neighborhoods, street widths may be reduced to 28 feet (curb face to curb face) provided that 1) additional off street parking is provided as determined by the City Engineer, the Fire Chief and Director of Planning, 2) rolled or wedge curb is provided such that vehicles may park partially out of the traveled way, and 3) pedestrian pathways or sidewalks, separated from the curb by a minimum five foot parkway, are provided. • Private Streets. Private streets provide access to individual parcels of land in planned development communities approved with privately maintained access. Access may be restricted. Private street widths shall be established based on a hierarchy of primary and secondary streets and parking conditions such that uninterrupted traffic flow, pedestrian safety, and emergency access is assured. • Private Primary Streets are typically the main access street in a private development or main 'ring road'. Private Primary Streets may provide access to individual parcels in a planned development as well as receive traffic from Secondary Private Streets or other parcels that do not front the street. Private Primary Streets shall be either a minimum of 32 feet wide (curb face to curb face) to accommodate on-street parking on one side and emergency access, or 36 feet wide (curb face to curb face)with on-street parking on two sides. • Private Secondary Streets provide access to individual parcels in a planned development and do not receive traffic from other streets or other parcels that do not front that street. Private Secondary Streets may range In width from 28 to 32 feet (curb face to curb face) provided that 1) additional off-street (guest) parking is provided in the area of the Secondary Street as determined by the Planning Commission, 2) rolled or wedge curb is provided such that vehicles may park partially out of the traveled way, and 3) pedestrian pathways or sidewalks, separated from the curb by a minimum five foot parkway, are provided. If all three of these conditions are NOT provided, private secondary streets shall be a standard minimum 32 feet with parking on one side only. Resolution No.23705 Page 12 • Designated fire lanes in private developments shall be not less than 24 feet wide (curb face to curb face)with no parking on either side. • Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. The City of Palm Springs has two approved turn around provisions. One is a cul-de- sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead tumaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. FID 6 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. FID 7 Fire Hydrant Flow and Number of Fire Hydrants (CFC 508.5): Fire hydrants shall be provided in accordance with CFC Appendix B, Fire Flow Requirements for Buildings, for the protection of buildings, or portions of buildings, hereafter constructed. The required fire hydrant flow for this project is 750 gallons per minute (with fire sprinklers) (CFC Appendix B) and one available fire hydrant must be within 250 feet from any point on lot street frontages. (CFC Appendix C) 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 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, 2010 Edition, as modified by local ordinance. FID 10 Fire Severity Zone (CBC 701A): Subject property is located in a "very high fire" severity zone and subject to applicable building code requirements in Chapter 7A. Resolution No.23705 ! Page 13 ENGINEERING DEPARTMENT Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS i. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 3. The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. RAMON ROAD 4. Dedicate abutters rights of access to Ramon Road along the entire frontage adjacent to tots 1, 10, 11, 20, 21, 30, 31 and 40; vehicular access to Ramon Road shall be prohibited. 5. Remove the existing asphalt concrete berm located approximately 18 feet south of centerline and construct 6 inch curb and gutter located 18 feet south of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 6. Construct new street intersections with 25 feet radius curb returns, spandrels, and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 7. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. Resolution No.23705 Page 14 8. Construct a Type A curb ramp meeting current California State Accessibility standards at the comers of the street intersections with Ramon Road in accordance with City of Palm Springs Standard Drawing No. 212. 9. Construct pavement with a minimum pavement section of 2'/z inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement in accordance with City of Palm Springs Standard Drawing No. 110. Additional pavement removal and replacement, or grind/overlay from the Ramon Road centerline 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. 10. Remove the existing neighborhood traffic calming "speed humps" and replace with new traffic calming "speed humps" in conjunction with the widening of Ramon Road. Final engineering and other details associated with the adjusted or replaced traffic calming improvements shall be subject to the review and approval by the City Engineer. 11. Construct off-site street improvements between Cahuilla Road and Belardo Road as necessary to release off-site stormwater runoff conveyed through the property and released onto Ramon Road. Remove the existing asphalt concrete berm located approximately 18 feet south of centerline and construct 6 inch curb and gutter located 18 feet south of centerline along the entire frontage, including a 25 feet radius curb return and spandrel and the west half of a 6 feet wide cross- gutter at the southwest corner of Ramon Road and Belardo Road, in accordance with City of Palm Springs Standard Drawing No. 200. 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 accordance with City of Palm Springs Standard Drawing No. 110. Additional pavement removal and replacement, or grindloverlay from the Ramon Road centerline 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. 12. Costs associated with design and construction of the off-site street improvements from Cahuilla Road to Belardo Road may be reimbursed pursuant to a Reimbursement Agreement approved by the City Council, in accordance with City policies. Following completion and acceptance of the off-site street Resolution No.23705 Page 15 improvements by the City Engineer, if reimbursement is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Reimbursement Agreement. The Reimbursement Agreement is subject to the City Council's review and approval at a Public Hearing, and its approval is not guaranteed nor implied by this condition. PUBLIC STREETS 13. Construct 6 inch curb and gutter, 18 feet from centerline along both sides of the streets, with 25 feet radius curb returns and spandrels at all street intersections, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 14. Construct a 6 feet wide cross-gutter across the intersection of Lot J with Lot F — Lot I, with a Flowline 18 feet south of and parallel with the centerline of Ramon Road; in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 15. Construct full cul-de-sacs in accordance with City of Palm Springs Standard Drawing No. 101, curb portion only. A minimum curb radius of 43 feet shall be constructed throughout the cul-de-sac bulb. 16. Construct driveway approaches in accordance with City of Palm Springs Standard Drawing No, 201. 17. Construct a 5 feet wide sidewalk behind the curb along the frontage of all streets in accordance with City of Palm Springs Standard Drawing No. 210. 18. Construct a minimum pavement section of 2Y2 inches asphalt over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within all on-site private streets in accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 19. Alt sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. Resolution No.23705 Page 16 20. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 21. Construct an 8 inch V.C.P. sewer main across the street frontages located 5 feet from centerline or as required by the City Engineer, and connect to the existing public sewer system in Ramon Road. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded prior to acceptance of the sewer system for maintenance by the City. A computer disc of the video recording shall be provided to the City Engineer for review. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 22. Pay a sewer assessment fee in accordance with the terms of the Sewer Reimbursement Agreement between the City of Palm Springs and Great Western Savings & Loan Association, Sewer Agreement No. 1465. The fee shall be paid prior to issuance of a building permit. GRADING 23. Submit a Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the 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 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. The Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. a) 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 Tentative Tract Map; a copy of current Resolution No, 23705 Page 17 Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 24. Prior to issuance of grading permit, the applicant shall provide verification to the City Engineer that the $2,731.00 per acre fee has been paid in accordance with the Tribal Habitat Conservation Plan (THCP). 25. Prior to approval of a Grading Plan, 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, Richard Begay (760-883-1368), or the Tribal Archaeologist, Patty Tuck (760-883-1368), 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. 26. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 27. In accordance with City of Palm Springs Municipal Code, Section 8.50,025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000,00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 28. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 29. 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. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert(Phone: 760-776-8208). F-•� ram' Resolution No,23705 Page 18 WATER QUALITY MANAGEMENT PLAN 30. 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). 31. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the on-site private drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. 32. 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. 33. 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- 1 Resolution No. 23705 Page 99 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). 34. 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 BMPs have been constructed and installed in conformance with approved plans and specifications; b. Demonstrate that applicant is prepared to implement all non-structural BMPs included in the approved Final Project-Specific Water Quality Management Plan (WQMP), conditions of approval, or grading/building permit conditions; and c. Demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable). DRAINAGE 35. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer, shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology and Hydraulic Report for Tentative Tract Map 34938 (Palm Ridge), prepared by Stantec Consulting, Inc. as revised in April, 2007. Final retention basin sizing, storm drain pipe sizing, drywell sizing, and other specifications for construction of required on-site storm drainage improvements shall be finalized in the final hydrology study and approved by the City Engineer. 36. Direct release of on-site nuisance water shall not be permitted to Ramon Road. Provisions for the interception of nuisance water from entering Ramon Road from Lot F— Lot I shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to the on-site retention basins or landscaped areas within Lot A, and in only a stormwater runoff condition, pass runoff directly to Ramon Road through parkway or under sidewalk drains. 37. Submit storm drain improvement plans for all on-site storm drainage facilities for review and approval by the City Engineer. 38. Off-site stormwater runoff shall be accepted and conveyed along the southerly property line, in an open channel. An on-site private storm drain system shall intercept and convey off-site stormwater runoff within the open channel, and Resolution No.23705 Page 20 through the site into the on-site retention basin (Lot A), as described in the Preliminary Hydrology and Hydraulic Report for Tentative Tract Map 34938 (Palm Ridge), prepared by Stantec Consulting, Inc. as revised in April, 2007. 39. Reserve an easement over Lot A which shall be used for drainage purposes. 40. The on-site private storm drain system shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain system acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 41. This project may 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 stormwater runoff, may 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 slormwater 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. If required, 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. 42. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL 43. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, 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 I1 Resolution No,23705 Page 21 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. 44. 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, Richard Begay (760-883-1368), or the Tribal Archaeologist, Patty Tuck (760-883-1368) 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. 45. All proposed utility fines shall be installed underground. 46, All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 47. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 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 of the City Engineer. 48. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 49. Nothing shall be constructed or planted in the comer 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. Resolution No.23705 Page 22 50. All proposed trees within the public right-of-way and within 10 feel 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 51, A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 52, 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. 53. 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.IS. 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, Arcinfo Coverage or Exchange file , DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 54. Install a street name sign, 36 inch stop sign, stop bar, and "STOP" legend at all street intersections (as necessary) in accordance with City of Palm Springs Standard Drawing No. 620 through 625. 55. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the Ramon Road frontage of the subject property. Resolution No.23705 t Page 23 56. 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. 57. 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 (MUTCD), dated January 13, 2012, or subsequent editions in force at the time of construction. 58. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS t