HomeMy WebLinkAbout23705 RESOLUTION NO. 23705
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, RE-ADOPTING A
MITIGATED NEGATIVE DECLARATION AND APPROVING
TENTATIVE TRACT MAP 36738 FOR THE CREATION OF
A 40-LOT SUBDIVISION ON APPROXIMATELY 20 ACRES
OF VACANT LAND ALONG THE SOUTH SIDE OF RAMON
ROAD ABOUT 275 FEET WEST OF BELARDO ROAD,
ZONE R-1-C, SECTION 22 (TTM 36738).
WHEREAS, Sierra Oaks Partners, LLC ("Applicant") has filed an application with
the City pursuant to Section 94.07.00 of the Zoning Ordinance for Tentative Tract Map
(TTM 36738) to allow the creation of a 40-lot subdivision; and
WHEREAS, said Tentative Tract Map was submitted to appropriate agencies as
required by the subdivision requirements of the Palm Springs Municipal Code, with the
request for their review, comments and requirements; and
WHEREAS, notice of the public hearing of the City Council of the City of Palm
Springs, California to consider TTM 36738 was given in accordance with applicable law;
and
WHEREAS, on October 22, 2014, a public hearing on the application was held
by the Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms
of the California Environmental Quality Act ("CEQA"), and Mitigated Negative
Declaration (MND) was prepared for this project and was been distributed for public
review and comment in accordance with CEQA; and
WHEREAS, pursuant to Government Code Section 66412.3, the Planning
Commission has independently considered the effects of the proposed subdivision,
Tentative Tract Map 36738, on the housing needs of the region in which Palm Springs
is situatod and has balanced these needs against the public services needs of its
residents and available fiscal and environmental resources; and
WHEREAS, on November 19, 2014, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the recommendation of the Planning Commission, the staff report, and all
written and oral testimony presents.
Resolution No. 23705
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. A Mitigated Negative Declaration (MND) was previously completed
in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines.
The City Council found that with the incorporation of proposed mitigation measures,
potentially significant environmental impacts resulting from this project will be reduced
to a level of insignificance. The City Council independently reviewed and considered the
information contained in the MND prior to its review of this Project and the MND reflects
the City Council's independent judgment and analysis.
SECTION 2. Findings are required for the proposed subdivision pursuant to
Section 66474 of the Subdivision Map Act. These findings and discussions of the
project as it relate to these findings follows:
a. The proposed Tentative Tract Map is consistent with all applicable general
and specific plans.
The General Plan designation of the project site is ER (Estate Residential); single-family
residential development in this designation is permitted. The proposed project will
comply with the General Plan, there is no specific plan covering the site.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The project site is suitable for the development of single-family homes. The site slopes
gently from the southwest to the northeast and can accommodate building pads,
external and internal streets, drainage, and all utilities. Adequate access is proposed
from Ramon Road.
C. The site is physically suited for this type of development.
The site slopes gently from the southwest to the northeast. Single-family residential
development either exists or is planned for property to the north, west, and south.
Property to the east is planned for multi-family residential development. Therefore, the
entire area is planned for residential development and this project fits within that
scheme.
d. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
A Mitigated Negative Declaration was previously prepared for this project and that
document found that with mitigation measures all potential environmental impacts can
be reduced to a level less than significant. There are no known fish, wildlife or other
habitats at the site.
Resolution No. 23705
Page 3
e. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
Storm drainage, sanitary sewer, water, streets and all utilities are readily available to the
site and all have capacity to accommodate the project. The subdivision has been
designed so that each lot has necessary infrastructure to adequately serve the lots and
all subsequent houses on the lots will be required to meet City of Palm Springs
standards, therefore the project will not cause public health problems to the area or the
City as a whole.
f. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements or accesses across the subject property,
therefore the design of the subdivision will not conflict with easements acquired or
required by the public at large, for access through or use of the property.
SECTION 3. The City Council hereby re-adopts the Mitigated Negative
Declaration for Tentative Tract Map 36738 and directs staff to file the associated Notice
of Determination (NOD).
SECTION 4. The City Council hereby approves Tentative Tract Map 36738
subject to the conditions of approval attached as Exhibit A.
ADOPTED THIS 19T"DAY OF NOVEMBER, 2014.
David H. Ready, Cit ger
ATTEST:
kmes
..ila.�i ism Thompson, City Clerk
Resolution No. 23705
Page 4
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. 23705 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 19th day of November,
2014, by the following vote:
AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills,
Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
City of Palm Springs, California fZfrSIZ° 14
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. Project 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 Map. 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 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.
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 Approval. 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 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 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 trails (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 8
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 Mitigation Fee (LDMF) required. All projects within the
City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians
reservation are subject to payment of the CVMSHCP LDMF prior to the
issuance of certificate of occupancy.
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid.
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.
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Page 9
ENV 5. a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record search
results and site records/updates shall be forwarded to the Tribal Planning,
Building, and Engineering Department and one copy to the City Planning
Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. 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 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.
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 Strobeswitch TM, 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
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• 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 turnaround 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
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ENGINEERING DEPARTMENT
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
1. 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 Lots 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.
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Page 14
8. Construct a Type A curb ramp meeting current California State Accessibility
standards at the corners 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'/2 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 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.
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 2% 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. All 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).
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-
Resolution No. 23705
Page 19
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 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. 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
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 lines 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.
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Page 22
50. 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
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.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.
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
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