HomeMy WebLinkAbout4/2/2014 - STAFF REPORTS - 1.A. O�pALM Sp4
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CITY COUNCIL STAFF REPORT
DATE: April 2, 2014 CONTINUED PUBLIC HEARING
SUBJECT: DOS PALMAS DEVELOPMENT LLC FOR TENTATIVE PARCEL MAP
36693 TO SUBDIVIDE ONE LARGE PARCEL INTO TWO LOTS
RESULTING IN A 10,070-SQUARE FOOT LOT AND A REMAINDER LOT
APPROXIMATELY 58,831-SQUARE FEET AT THE CORNER OF EAST
SUNNY DUNES ROAD AND SOUTH SUNRISE WAY, ZONE R-1-C AND
RMHP, SECTION 23.
CASE: TPM 36693
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The City Council to review a request for a Tentative Parcel Map to subdivide one large
parcel into two lots resulting in a 10,070-square foot lot and a remainder lot
approximately 58,831-square feet.
RECOMMENDATION:
Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, FOR TENTATIVE PARCEL MAP 36693 TO
SUBDIVIDE ONE LARGE PARCEL INTO TWO LOTS RESULTING IN A 10,070-
SQUARE FOOT LOT AND A REMAINDER LOT APPROXIMATELY 58,831-SQUARE
FEET AT THE CORNER OF EAST SUNNY DUNES ROAD AND SOUTH SUNRISE
WAY, ZONE R-1-C AND RMHP, SECTION 23"
PRIOR ACTIONS:
On March 17, 2004, the City Council approved Case 5.0954 PD-242 and Tentative
Tract Map 28308 to subdivide 3.22 acres into seven single-family lots and allow the
creation of three professional office lots along South Sunrise Way.
ITEM NO. J k
City Council Staff Report
April 2, 2014— Page 2
Case No. TPM 36693—Dos Palmas Development LLC.
On September 6, 2006, the City Council approves a request for a one-year time
extension for Case 5.0954 PD-242 and Tentative Tract Map 28308.
On November 12, 2008, the Planning Commission recommends approval of a Change
of Zone, General Plan Amendment, and TTM 28308.
On December 17, 2008, the City Council denied a Change of Zone request and General
Plan Amendment.
On January 21, 2009, the City Council approved Tentative Tract Map 28308 to
subdivide 3.2 acres into seven residential lots and one remainder lot. This action
"amended the previous Conditions of Approval to delete the reference to the
commercial lot and replace with reference to the remainder lot, and incorporate
Conditions PLN 8, PLN 11, and PLN 12 into the Conditions regarding Final Design for
the remainder lot."
On February 13, 2012, the City Engineering Department issues a Subdivision
Improvement Agreement with Dos Palmas Development LLC, for Tentative Tract Map
28308.
On February 12, 2014, the Planning Commission reviewed and recommended approval
of Tentative Parcel Map 36693 to subdivide one large parcel into two lots resulting in a
8 831-s uare feet.
10 070 s uare foot lot and a remainder lot approximately 5
q q
BACKGROUND:
3/17/2004 City Council approves Case 5.0954 PD-242 and TTM 28308 to
subdivide 3.22 acres into 7 residential lots and three professional lots
along S. Sunrise Way.
9/6/2006 City Council approves as one-year time extension request for Case
5.0954 PD-242 and TTM 28308.
11/12/2008 Planning Commission reviews and approves a request for Change of
Zone, General Plan Amendment and TTM 28306 to subdivide one large
lot into 7 single-family lots with one remainder lot.
12/17/2008 City Council denies request for Change of Zone and General Plan
Amendment.
1/21/2009 City Council approves TTM 28308 for the subdivision of 7 residential lots
and one remainder lot to include revisions to the previously approved
Conditions of Approval.
2/13/2012 A Subdivision Development Agreement is signed for TTM 28306
2013 Construction begins on 7 new homes within TTM 28306.
2/12/2014 Planning Commission conducts a public hearing for TPM 36693 to
subdivide on larger lot into two lots and to recommend approval to City
Council.
2
City Council Staff Report
April 2, 2014 — Page 3
Case No. TPM 36693—Dos Palmas Development LLC.
3/5/2014 City Council opens public hearing for Case TTM 36693 and tables
discussion until 4/2/2014 Council meeting.
2012 Dos Palmas Development LLC
1/2 912 0 1 4 Email notification was sent to representatives of Warm Sands, Tahquitz
River Estates, Deepwell, Sonora Sunset, and Baristo Neighborhood
Organizations }
Ow
January 2014 Staff visited site to observe existing conditions
2/1/2014 Notice sent to all property owners within 500 feet of subject site
Site Area
Net Area 10,071-square feet — Lot 1
58,831-square feet — Remainder Lot
Subject Site: Corner of East Sunny DunesRoad an�d/ South Sunrise Way
Subject Property VLDR (Very Low Density Single-Family R-1-C (Single-Family)/
Residential) Residential -Vacant RMHP (Residential
Mobile Home Park
North MDR (Medium Density Residential Mobile RMHP (Residential
Residential) Home Park Mobile Home Park)
South VLDR (Very Low Density Single-Family R-1-C (Single-Family
Residential) Residential Residential
East Public Church Desert Chapel Church PD- Church
3
City Council Staff Report
April 2, 2014— Page 4
Case No. TPM 36693— Dos Palmas Development LLC.
West VLDR (Very Low Density Single-Family R-1-C (Single-Family
Residential) Residential Residential
DEVELOPMENT STANDARDS:
R-1-C Proposed Project
Lot Area 10,000 — sq. ft. 10,070- sq. ft. (conforms)
Lot Width 100 feet 100 feet conforms
Lot Depth 100 feet 100.70 feet conforms
Front Yard 25 feet 25 feet conforms
Side Front Yard 10 feet 10 feet conforms
Rear Yard 15 feet 15 feet conforms
Building Height 12 feet at setback line to New construction (conforms)
max. max 18 at a 4:12 slope
Bldg. Coverage 35% lot coverage New construction conforms
House / Garage 1,100 — sq ft New construction conforms
Off-street parking 2 covered spaces 2 covered provided conforms
PROJECT DESCRIPTION:
The applicant is seeking approval to subdivide one (1) large lot into one 10,070-square
foot lot and one (1) 58,831-square foot remainder lot. Dos Palmas Development is
currently developing the adjacent seven single-family lots along East Sunny Dunes
Road commonly known as Alexander Estates III. The developer intends to build a
single-family residence on the vacant 10,070-square foot lot which is flat and partially
graded. Access to the new single-family lot will be from a new driveway consistent with
other lots in the immediate neighborhood. The construction of sidewalks and other
connections to public water and sewer will be part of the conditions of approval. The
remainder vacant lot is currently zoned Residential Mobile Home Park (RMHP) and will
continue in its current state until such time as a new development proposal is submitted.
SUMMARY OF PREVIOUSLY APPROVED CONDITIONS OF APPROVAL
Below is a summary of the conditions of approval regarding access to remainder lot
along South Sunrise Way:
1) City Council approval on March 17, 2004 of Case 5.0554 PD-242 and Tentative
Tract Map 28308 included a series of Conditions of Approval relating to street
improvements along South Sunrise Way and East Sunny Dunes Road as listed
below:
a) Engineering condition # 55 states: "Construct a 24 foot wide driveway approach
in accordance with City of Palm Springs Standard drawing No. 201. The
4
City Council Staff Report
April 2, 2014— Page 5
Case No. TPM 36693— Dos Palmas Development LLC.
centerline of the proposed driveway approach shall be located approximately 430
feet north of the centerline of Sunny Dunes Road. Access shall be limited to one
location as shown on the approved site plan."
b) Engineering condition #62 states: "Construct a 24 foot wide driveway approach in
accordance with City of Palm Springs Standard drawing No. 201. The centerline
of the proposed driveway approach shall be located approximately 255 feet west
of the centerline of Sunrise Way. Access to the professional use properties (Lot
9) shall be limited to one location as shown on the approved site plan."
2) City Council approval of Resolution 22423 on January 21, 2009, for Tentative Tract
Map 22423 created seven residential lots and one remainder lot. The Conditions of
Approval dropped all conditions relating to access from South Sunrise Way. In
addition, conditions relating to access to remainder lot from East Sunny Dunes Road
where eliminated.
ANALYSIS:
Tentative Parcel Map
Findings are required for the proposed subdivision pursuant to Section 66474 of the
California Subdivision Map Act. If any of these findings are not met, the City shall deny
approval:
a. That the proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The TPM proposes one single-family residential lot with one remainder lot adjacent to
the public street. The proposed lot sizes meet the density requirement for Very Low
Density Residential (VLDR) consistent with the General Plan land use designation. No
specific plans are associated with the subject property. The proposed map is consistent
with the applicable general plan, and this finding has been met.
b. The design and improvements of the proposed Tentative Parcel Map are
consistent with the zone in which the property is located.
The proposed subdivision is consistent with the R-1-C and RMHP zones in which the
property is located. The new single-family residential lot will equal 10,070-square feet
with the required lot dimensions and minimum density consistent with the R-1-C zone.
The remainder lot equaling approximately 58,831-square feet will satisfy the
requirements of the RMHP zone awaiting future development. The design of the
proposed subdivision is consistent with the applicable zoning and the finding has been
met.
5
City Council Staff Report
April 2, 2014— Page 6
Case No. TPM 36693—Dos Palmas Development LLC.
c. The site is physically suited for this type of development.
A portion of the project site will be graded to accommodate construction of a single-
family residence. Site modifications include the placement of a new sidewalk along the
street and private driveway from East Sunny Dunes Road providing adequate vehicular
access to the public street. The site is physically suited for this type of development
and the finding has been met.
d. The site is physically suited for the proposed density of development.
The proposed project of one single-family dwelling unit of 10,070-square feet or roughly
4.0 du/ac is consistent with the allowable density under the General Plan. The site abuts
improved public streets with existing utilities and right-of-way widths that are projected in
the City's 2007 General Plan update to operate at normal levels of service (LOS).
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Parcel Map has been reviewed under the California Environmental Quality
Act, and subsequent to Section 15315 is considered Categorically Exempt as a "Minor
Land Division" located in an urbanized residential area of four or fewer parcels. The
proposed subdivision is consistent with the General Plan with no variances or exceptions
required. The site is a flat lot with an average slope less than 20% and does not include
any natural habitat. The project will therefore not damage or injure fish, wildlife or their
habitats.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the proposed subdivision includes connections to all public utilities including
water and sewer systems. The private driveway will provide access to the subject lot. The
remainder lot will not have direct access to public utilities or streets until such time the lot is
developed.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements across the subject property; therefore the design of
the subdivision will not conflict with easements for access through or use of the property.
Any utility easements can be accommodated within the project design.
6
City Council Staff Report
April 2, 2014— Page 7
Case No. TPM 36693—Dos Palmas Development LLC.
ENVIRONMENTAL DETERMINATION:
Pursuant to Section 15315 of the California Environmental Act (CEQA), the project is
considered a "Minor Land Division" and is Categorically Exempt. The preparation of
further environmental assessment is not necessary since the proposed subdivision
meets the standards as stated above. The present request will not result in any new
environmental impacts.
FISCAL IMPACT:
No fiscal impact.
z
M. rgo Wheeler, AICP David H. Ready, City ger
Director of Planning Services
Attachments:
1. 500' Vicinity Map
2. Draft Resolution
3. Conditions of Approval
4. Planning Commission meeting minutes February 12, 2014
5. Planning Commission Resolution # 6382
6. Justification Letter from Applicant
7. TPM 36693 Map
8. City Council Resolution # 20848 from the March 17, 2004 meeting and
Conditions of Approval
9. City Council meeting minutes of September 6, 2006
10. City Council meeting minutes of December 17, 2008
11. City Council meeting minutes of January 21, 2009 and Conditions of Approval
12. Subdivision Development Agreement dated February 13, 2012
7
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CITY OF PALM SPRINGS
CASE NO: TPM 36693 DESCRIPTION: A Tentative Parcel Map to
subdivide one large lot into two lots resulting in
APPLICANT: Dos Palmas Development, a 10,000-square foot lot and an approximately
LLC 58,900-square foot lot at the corner of East
Sunny Dunes Road and South Sunrise Way,
Zone R-1-C, Section 23.
8
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA FOR APPROVAL OF CASE
TPM 36693, A TENTATIVE PARCEL MAP TO SUBDIVIDE
ONE LARGE LOT INTO TWO LOTS RESULTING IN A
10,070-SQUARE FOOT LOT AND A REMAINDER LOT
APPROXIMATELY 58,831-SQUARE FEET LOCATED AT
THE CORNER OF EAST SUNNY DUNES ROAD AND
SOUTH SUNRISE WAY, ZONE R-1-C AND RMHP,
SECTION 23, APN 508-240-011.
WHEREAS, Dos Palmas Development LLC ("the applicant") has filed an application
with the City pursuant to Chapter 9.62 of the City's Municipal Code (Maps) and Section
66474 of the State of California Subdivision Map Act, for a Tentative Parcel Map
proposing to subdivide one large lot into two lots; and
WHEREAS, the applicant submitted an application to Title 9 of the Palm Springs
Municipal Code and Section 66474 of the California Subdivision Map Act for Tentative
Parcel Map 36693; and
WHEREAS, a notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case TPM 36693 was given in accordance with applicable law; and
WHEREAS, on February 12, 2014, a public meeting on Case TPM 36693 was held by
the Planning Commission in accordance with applicable law; and
WHEREAS, at said meeting the Planning Commission carefully reviewed and
considered all of the evidence presented in connection with the hearing on the project,
including, but not limited to, the Staff report, and all written and oral testimony
presented and voted 7-0 to recommend approval of the Tentative Parcel Map by
Resolution, subject to Conditions of Approval; and
WHEREAS, City has evaluated the project pursuant to the guidelines of the California
Environmental Quality Act (CEQA) and determined that the project is Categorically
Exempt from further analysis pursuant to Section 15315 of the CEQA guidelines (Minor
Land Divisions); and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider TPM 36693 was given 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
staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
9
Resolution No.
Page 2
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the City Council adopts a Class 15 Categorical Exemption (Minor Land
Division) for the proposed parcel map.
Section 2: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of
California Subdivision Map Act Section 66474, the City Council finds as
follows:
a. That the proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The TPM proposes one single-family residential lot with one remainder lot adjacent to
the public street. The proposed lot sizes meet the density requirement for Very Low
Density Residential (VLDR) consistent with the General Plan land use designation. No
specific plans are associated with the subject property. The proposed map is
consistent with the applicable general plan, and this finding has been met.
b. The design and improvements of the proposed Tentative Parcel Map are
consistent with the zone in which the property is located.
The proposed subdivision is consistent with the R-1-C and RMHP zones in which the
property is located. The new single-family residential lot will equal 10,070-square feet
with the required lot dimensions and minimum density consistent with the R-1-C zone.
The remainder lot equaling approximately 58,831-square feet will satisfy the
requirements of the RMHP zone awaiting future development. The design of the
proposed subdivision is consistent with the applicable zoning and the finding has been
met.
c. The site is physically suited for this type of development.
A portion of the project site will be graded to accommodate construction of a single-
family residence. Site modifications include the placement of a new sidewalk along the
street and private driveway from East Sunny Dunes Road providing adequate vehicular
access to the public street. The site is physically suited for this type of development
and the finding has been met.
d. The site is physically suited for the proposed density of development.
The proposed project of one single-family dwelling unit of 10,070-square feet or roughly
4.0 du/ac is consistent with the allowable density under the General Plan. The site abuts
improved public streets with existing utilities and right-of-way widths that are projected in
the City's 2007 General Plan update to operate at normal levels of service .
10
Resolution No.
Page 3
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Parcel Map has been reviewed under the California Environmental Quality
Act, and subsequent to Section 15315 is considered Categorically Exempt as a "Minor
Land Division" located in an urbanized residential area of four or fewer parcels. The
proposed subdivision is consistent with the General Plan with no variances or exceptions
required. The site is a flat lot with an average slope less than 20% and does not include
any natural habitat. The project will therefore not damage or injure fish, wildlife or their
habitats.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the proposed subdivision includes connections to all public utilities
including water and sewer systems. The private driveway will provide access to the
subject lot. The remainder lot will not have direct access to public utilities or streets until
such time the lot is developed.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There are no known public easements across the subject property; therefore the design
of the subdivision will not conflict with easements for access through or use of the
property. Any utility easements can be accommodated within the project design.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City
Council approves Case TPM 36693 a Tentative Parcel Map subdividing one large lot
into two lots resulting in a 10,070-square foot lot and a remainder lot approximately
58,831-square feet at the corner of East Sunny Dunes and South Sunrise Way; subject
to the attached conditions set forth in Exhibit A.
ADOPTED this 2nd day of April 2014.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
11
Resolution No.
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. 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
by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
12
RESOLUTION NO.
EXHIBIT A
Case TTM 36693
A two-lot parcel map
On the corner of East Sunny Dunes Road and South Sunrise Way
April 2, 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 TPM
36693; 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. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 4. Tentative Map. This approval is for Tentative Parcel Map 36693 located on
the northwest corner of East Sunny Dunes Road and South Sunrise Way date
stamped April 2, 2014. 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 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case TPM 36693. 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
13
Resolution No. April 2, 2014
Case TPM 36693
and pay the City's associated legal costs or will advance funds to pay for
defense of the matter by the City Attorney. If the City of Palm Springs fails to
promptly notify the applicant of any such claim, action or proceeding or fails to
cooperate fully in the defense, the applicant shall not, thereafter, be
responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of the Tentative Parcel Map (TPM) 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 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $50 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
14
Resolution No. April 2, 2014
Case TPM 36693
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfq.ca.gov for more information.
ENV 3. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 4. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
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.
15
Resolution No. April2, 2014
Case TPM 36693
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outside Storaqe Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 2. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 3. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
b. 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 4, add any additional conditions imposed by the City Council here)
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
16
Resolution No. April 2, 2014
Case TPM 36693
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the City
Engineer prior to issuance of any building permits.
SUNNY DUNES ROAD (FRONTAGE OF PROPOSED LOT 1)
ENG 3. Remove existing street improvements as necessary to construct a driveway
approach in accordance with City of Palm Springs Standard Drawing No. 201.
ENG 4. Construct a 5 feet wide sidewalk behind the curb along the entire frontage to
match existing sidewalk to the west in accordance with City of Palm Springs
Standard Drawing No. 210.
ENG 5. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
SANITARY SEWER
ENG 6. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
GRADING
ENG 7. Submit cut and fill quantities to City Engineer to determine if a Grading Plan is
required. If required, the Grading Plan shall be submitted to the Engineering
Division for review and approval by the City Engineer prior to issuance of grading
permit. If the earthwork quantity is less than 50 cubic yards, a formal grading plan
is not required. To qualify for the exemption, a signed original written statement
of design earthwork quantities from the owner (or design professional, prepared
on company letterhead) shall be provided to the Engineering Division. Exemption
of a formal Grading Plan reviewed and approved by the City Engineer does not
exempt the applicant from a site grading plan that may be required from the
Building Department, or any other requirement that may be necessary to satisfy
the California Building Code.
a) A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
shall be required to utilize one or more "Coachella Valley Best Available
17
Resolution No. April 2, 2014
Case TPM 36693
Control Measures as identified in the Coachella Valley Fugitive Dust Control
Handbook for each fugitive dust source such that the applicable performance
standards are met. The applicant's or its contractor's Fugitive Dust Control
Plan shall be prepared by staff that has completed the South Coast Air
Quality Management District (AQMD) Coachella Valley Fugitive Dust Control
Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that has completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella
Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD,gov.
A Fugitive Dust Control Plan, in conformance with the Coachella Valley
Fugitive Dust Control Handbook, shall be submitted to and approved by the
Engineering Division prior to approval of the Grading plan.
b) The first submittal of the Precise 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 Parcel
Map or site plan; a copy of current Title Report; and a copy of Soils Report.
ENG 8. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the
applicant shall obtain written approval to proceed with construction from the Agua
Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer
or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if
any, associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as
possible. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during grading or other construction, and to arrange
payment of any required fees associated with Tribal monitoring.
ENG 9. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed. Fencing shall have screening that is
tan in color; green screening will not be allowed. Temporary dust control
perimeter fencing shall be installed after issuance of Grading Permit, and
immediately prior to commencement of grading operations.
ENG 10, Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall be
adequately anchored into the ground to resist wind loading.
ENG 11. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas on-
site shall be permanently stabilized, in accordance with Palm Springs Municipal
18
Resolution No. April 2, 2014
Case TPM 36693
Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter
fencing shall be removed, as required by the City Engineer.
ENG 12. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 13. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h),
the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre at the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 14. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the Geotechnical/Soils Report
shall be submitted to the Engineering Division with the first submittal of a grading
plan (if required) or prior to issuance of any permit.
ENG 15. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
Geotechnical/Soils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided even though there may not
be a grading plan for the project. No certificate of occupancy will be issued until
the required certification is provided to the City Engineer.
ENG 16. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan (if required), to the Engineering
Division prior to construction of any building foundation.
ENG 17. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
19
Resolution No. April 2, 2014
Case TPM 36693
DRAINAGE
ENG 18. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system. Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management Practices
(BMP's).
ENG 19. 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 in accordance
with Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
GENERAL
ENG 20. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches,
and other street cuts within existing asphalt concrete pavement of off-site streets
required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off-site streets, at the discretion of the
City Engineer. The pavement condition of the existing off-site streets shall be
returned to a condition equal to or better than existed prior to construction of the
proposed development.
ENG 21. All proposed utility lines shall be installed underground.
ENG 22. All existing utilities shall be shown on the improvement plans if required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
ENG 23. Upon approval of any improvement plan (if required) by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting of a
DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange
file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and
format of the digital data to be submitted to the City may be authorized, upon
prior approval by the City Engineer.
ENG 24. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
20
Resolution No. April 2, 2014
Case TPM 36693
drawing "as-built' information and returned to the Engineering Division prior to
issuance of a final certificate of occupancy. Any modifications or changes to
approved improvement plans shall be submitted to the City Engineer for approval
prior to construction.
ENG 25. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
ENG 26. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed in
accordance with City of Palm Springs Standard Drawing No. 904.
ENG 27. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The
LDMF shall be paid prior to issuance of Building Permit.
MAP
ENG 28. A Parcel 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 Parcel
Map to the Engineering Division as part of the review of the Map. The Parcel
Map shall be approved by the City Council prior to issuance of building permits.
ENG 29. In accordance with Government Code 66411.1 (a), all required public
improvements shall be listed in an Improvement Certificate on the Parcel Map
and clearly noted that the required public improvements will be the minimum
development requirements for Parcel 1 of Tentative Parcel Map No. 36693, but
shall be completed prior to issuance of a building permit on Parcel 1 of
TPM36693.
ENG 30. Upon approval of a parcel map, the parcel 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 (e00), 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
21
Resolution No. April 2, 2014
Case TPM 36693
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
ENG 31. A minimum of 48 inches of clearance for accessibility shall be provided on public
sidewalks or pedestrian paths of travel within the development. Minimum
clearance on public sidewalks (or pedestrian paths of travel) shall be provided by
either an additional dedication of a sidewalk easement (if necessary) and
widening of the sidewalk, or by the relocation of any obstructions within the public
sidewalk along the Sunny Dunes Road frontage of the Parcel 1 of TPM36693.
ENG 32. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
ENG 33. 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 for Streets and Highways, dated January 13,
2012, or subsequent editions in force at the time of construction.
ENG 34. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
(none at this time)
END OF CONDITIONS
22
Planning Commission Minutes
February 12, 2014
2. PUBLIC HEARINGS:
2A. DOS PALMAS DEVELOPMENT LLC, FOR A TENTATIVE PARCEL
MAP TO SUBDIVIDE ONE LARGE PARCEL INTO TWO LOTS
RESULTING IN A 10,070-SQUARE FOOT LOT AND A REMAINDER
LOT APPROXIMATELY 58,831-SQUARE FEET AT THE CORNER OF
EAST SUNNY DUNES ROAD AND SOUTH SUNRISE WAY, ZONE R-1-
C AND RMHP (CASE TPM 36693). (GM)
Associate Planner Newell presented the proposed project.
Engineering staff responded to questions from the Commission regarding closing the '
gaps in the sidewalks; noting that staff is looking into this issue.
i
Chair Donenfeld opened the public hearing:
PAUL HRYN, addressed continuation of the sidewalks; said they are putting in 700 feet
of sidewalk to the west; as they come up with a new plan for the remainder parcel it will
be conditioned at the time.
There being no further appearances the public hearing was closed.
ACTION: Approve with conditions.
Motion: Commissioner Klatchko, seconded by Commissioner Calerdine and
unanimously carried on a roll call vote.
AYES: Commissioner Calerdine, Commissioner Klatchko, Commissioner Lowe,
Commissioner Roberts, Commissioner Weremiuk, Vice-Chair Hudson and
Chair Donenfeld
2B. LALITH CHANDRASENA FOR A CONDITIONAL USE PERMIT TO
ALLOW MOTORCYCLE SALES AND REPAIR AT 6650 NORTH INDIAN
C ON DRIVE, ZONE HC (CASE 5.1325 CUP). (DN)
Associate Planner Newell p nted the proposed project as outlined in the staff report.
He noted a correction to the name a business as Palm Springs Motors (not Palm
Springs Yamaha).
Staff noted this property is fully-developed with infrastruc built in.
Commissioner Roberts expressed concern with motorcycles test and outside
placement shown on site.
23
2
RESOLUTION NO. 6382
A RESOLUTION OF THE PLANNING COMMISSION OF /
THE CITY OF PALM SPRINGS, CALIFORNIA
RECOMMENDING APPROVAL BY THE CITY COUNCIL
OF CASE TPM 36693, A TENTATIVE PARCEL MAP TO
SUBDIVIDE ONE LARGE LOT INTO TWO LOTS
RESULTING IN A 10,070-SQUARE FOOT LOT AND A
REMAINDER LOT APPROXIMATELY 58,831-SQUARE
FEET LOCATED AT THE CORNER OF EAST SUNNY
DUNES ROAD AND SOUTH SUNRISE WAY, ZONE R-1-C
AND RMHP, SECTION 23, APN 508-240-011.
WHEREAS, Dos Palmas Development LLC ("the applicant") has filed an application
with the Cit
y pursuant to Chapter y p 9.62 of the City's Municipal Code (Maps) and Section
66474 of the State of California Subdivision Map Act, for a Tentative Parcel Map
proposing to subdivide one large lot into two lots; and
'I
WHEREAS, a notice of public hearing for Case TPM 36693 was given in accordance
with applicable law; and
WHEREAS, on February 12, 2014, a public meeting on Case TPM 36693 was held by
the Planning Commission in accordance with applicable law; and
WHEREAS, City has evaluated the project pursuant to the guidelines of the California
Environmental Quality Act (CEQA) and determined that the project is Categorically
Exempt from further analysis pursuant to Section 15315 of the CEQA guidelines (Minor
Land Divisions); and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to the California Environmental Quality Act (CEQA) Guidelines,
the Planning Commission recommends that the City Council adopt a
Class 15 Categorical Exemption (Minor Land Division) for the proposed
parcel map.
Section 2: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of
California Subdivision Map Act Section 66474, the Planning Commission
finds as follows:
a. That the proposed Tentative Parcel Map is consistent with all applicable
general and specific plans.
The TPM proposes one single-family residential lot with one remainder lot adjacent to
the public street. The proposed lot sizes meet the density requirement for Very Low
24
Planning Commission Resolution No. 6382 February 12, 2014 R
Case TPM 36693 Page 2 of 3
Density Residential (VLDR) consistent with the General Plan land use designation. No
specific plans are associated with the subject property. The proposed map is
consistent with the applicable general plan, and this finding has been met.
b. The design and improvements of the proposed Tentative Parcel Map are
consistent with the zone in which the property is located.
The proposed subdivision is consistent with the R-1-C and RMHP zones in which the
property is located. The new single-family residential lot will equal 10,070-square feet
with the required lot dimensions and minimum density consistent with the R-1-C zone.
The remainder lot equaling approximately 58,831-square feet will satisfy the
requirements of the RMHP zone awaiting future development. The design of the
proposed subdivision is consistent with the applicable zoning and the finding has been
met.
c. The site is physically suited for this type of development.
A portion of the project site will be graded to accommodate construction of a single-
family residence. Site modifications include the placement of a new sidewalk along the
street and private driveway from East Sunny Dunes Road providing adequate vehicular
access to the public street. The site is physically suited for this type of development
and the finding has been met.
d. The site is physically suited for the proposed density of development.
The proposed project of one single-family dwelling unit of 10,070-square feet or roughly
4.0 du/ac is consistent with the allowable density under the General Plan. The site abuts
improved public streets with existing utilities and right-of-way widths that are projected in
the City's 2007 General Plan update to operate at normal levels of service (LOS).
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The Tentative Parcel Map has been reviewed under the California Environmental Quality
Act, and subsequent to Section 15315 is considered Categorically Exempt as a "Minor
Land Division" located in an urbanized residential area of four or fewer parcels. The
proposed subdivision is consistent with the General Plan with no variances or exceptions
required. The site is a flat lot with an average slope less than 20% and does not include
any natural habitat. The project will therefore not damage or injure fish, wildlife or their
habitats.
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems.
The design of the proposed subdivision includes connections to all public utilities
including water and sewer systems. The private driveway will provide access to the
subject lot. The remainder lot will not have direct access to public utilities or streets until
25
Planning Commission Resolution No. 6382 February 12, 2014
Case TPM 36693 Page 3 of 3
such time the lot ls,deVelop9ed
g. 'The design r ' subdivision or type of improvements will not conflict with
ea�ed7dntst :acquAd by the public at large, for access through or use of the
Property within the prwovd subdivision.
There are no4rnGwn_iaJbI'rc'easi ments across the subject property; therefore the design
of the subdivision will notAconflict with easements for access through or use of the
property. Any utility easements can be accommodated within the project design.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommends that the City Council approves Case TPM 36693 a
Tentative Parcel Map subdividing one large lot into two lots resulting in a 10,070-square
foot lot and a remainder lot approximately 58,831-square feet at the corner of East
Sunny Dunes and South Sunrise Way; subject to the attached conditions set forth in
Exhibit A.
ADOPTED this 12th day of February 2014.
AYES: 7, Commissioner Calerdine, Commissioner Klatchko, Commissioner
Lowe, Commissioner Roberts, Commissioner Weremiuk, Vice-Chair
Hudson and Chair Donenfeld
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
4MaArgo heeler, AICP
Director of Planning Services
26
R
CITY OF PALM SPRINGS
RESOLUTION NO. 6382 APPROVED BY PLANNING COMMISSION
EXHIBIT A _%Se# 366q 3 Date 11121'qlnitial �'
Case TTM 36693 APPROVED BY CITY COUNCIL
A two-lot parcel map p�� pats
On the corner of East Sunny Dunes Road and"So uvdy"'-- Initial
Resolution# Ordinance iFi
February 12, 2014 APPROVAL SUBJECT TO ALL REQUIRED
CONDITIONS OF APPROVAL CONDITIONS BY ABOVE BODIES
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 TPM
36693; 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. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 4. Tentative Map. This approval is for Tentative Parcel Map 36693 located on
the northwest corner of East Sunny Dunes Road and South Sunrise Way date
stamped February 12, 2014. 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 5. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case TPM 36693. 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
27
l
Planning Commission Resolution No. 6382 t ) February 12, 2014
Case TPM 36693
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 ta:defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon
the matter without the applicant's consent but should it do so, the City shall
Waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
ADM 6. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 7. Time Limit on Approval. Approval of the Tentative Parcel Map (TPM) 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 8. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of $50 shall be submitted
by the applicant in the form of a money order or a cashier's check payable to
the Riverside County Clerk within two business days of the Commission's
final action on the project. This fee shall be submitted by the City to the
County Clerk with the Notice of Exemption. Action on this application shall
not be considered final until such fee is paid (projects that are Categorically
Exempt from CEQA).
28
Planning Commission Resolution No. 6382 February 12, 2014
Case TPM 36693
ENV 2. California Fish & Game Fees Required. The project is required to pay a fish
and game impact fee as defined in Section 711.4 of the California Fish and
Game Code. This CFG impact fee plus an administrative fee for filing the
action with the County Recorder shall be submitted by the applicant to the
City in the form of a money order or a cashier's check payable to the
Riverside County Clerk prior to the final City action on the project (either
Planning Commission or City Council determination). This fee shall be
submitted by the City to the County Clerk with the Notice of Determination.
Action on this application shall not be final until such fee is paid. The project
may be eligible for exemption or refund of this fee by the California
Department of Fish & Game. Applicants may apply for a refund by the CFG
at www.dfg.ca.gov for more information.
ENV 3. Cultural Resource Survey Required. Prior to any ground disturbing activity,
including clearing and grubbing, installation of utilities, and/or any
construction related excavation, an Archaeologist qualified according to the
Secretary of the Interior's Standards and Guidelines, shall be employed to
survey the area for the presence of cultural resources identifiable on the
ground surface.
ENV 4. Cultural Resource Site Monitoring. There is a possibility of buried cultural or
Native American tribal resources on the site. A Native American Monitor shall
be present during all ground-disturbing activities. (check for duplication in
engineering conditions)
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.
29
Planning Commission Resolution No. 6382 February 12, 2014
Case TPM 36693
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 2. No off-site Parking. Vehicles associated with the operation of the proposed
development including company vehicles or employees vehicles shall not be
permitted to park off the proposed building site unless a parking management
plan has been approved.
PLN 3. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department
which shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
b. 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 4. (add any additional conditions imposed by the Planning Commission or Citv
Council here)
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
30
)
Planning Commission Resolution No. 6382 February 12, 2014 1
Case TPM 36693
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
ENG 2. Submit street improvement plans prepared by a registered California civil
engineer to the Engineering Division. The plan(s) shall be approved by the City
Engineer prior to issuance of any building permits.
SUNNY DUNES ROAD (FRONTAGE OF PROPOSED LOT 1)
ENG 3. Remove existing street improvements as necessary to construct a driveway
approach in accordance with City of Palm Springs Standard Drawing No. 201.
ENG 4. Construct a 5 feet wide sidewalk behind the curb along the entire frontage to
match existing sidewalk to the west in accordance with City of Palm Springs
Standard Drawing No. 210.
ENG 5. All broken or off grade street improvements along the project frontage shall be
repaired or replaced.
SANITARY SEWER
ENG 6. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
GRADING
ENG 7. Submit cut and fill quantities to City Engineer to determine if a Grading Plan is
required. If required, the Grading Plan shall be submitted to the Engineering
Division for review and approval by the City Engineer prior to issuance of grading
permit. If the earthwork quantity is less than 50 cubic yards, a formal grading plan
is not required. To qualify for the exemption, a signed original written statement
of design earthwork quantities from the owner (or design professional, prepared
on company letterhead) shall be provided to the Engineering Division. Exemption
of a formal Grading Plan reviewed and approved by the City Engineer does not
exempt the applicant from a site grading plan that may be required from the
Building Department, or any other requirement that may be necessary to satisfy
the California Building Code.
a) A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review and
approval. The applicant and/or its grading contractor shall be required to
comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and
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Planning Commission Resolution No. 6382 February 12, 2014
Case TPM 36693
shall be required to utilize one or more "Coachella Valley Best Available
Control Measures' as identified in the Coachella Valley Fugitive Dust Control
Handbook for each fugitive dust source such that the applicable performance
standards are met. The applicant's or its contractor's Fugitive Dust Control
Plan shall be prepared by staff that has completed the South Coast Air
Quality Management District (AQMD) Coachella Valley Fugitive Dust Control
Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that has completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella
Valley Fugitive Dust Control Handbook and related "PM10" Dust Control
issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov.
A Fugitive Dust Control Plan, in conformance with the Coachella Valley
Fugitive Dust Control Handbook, shall be submitted to and approved by the
Engineering Division prior to approval of the Grading plan.
b) The first submittal of the Precise 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 Parcel
Map or site plan; a copy of current Title Report; and a copy of Soils Report.
ENG 8. Prior to approval of a Grading Plan (or issuance of a Grading Permit), the
applicant shall obtain written approval to proceed with construction from the Agua
Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer
or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if
any, associated with grading or other construction. The applicant is advised to
contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as
possible. If required, it is the responsibility of the applicant to coordinate
scheduling of Tribal monitors during grading or other construction, and to arrange
payment of any required fees associated with Tribal monitoring.
ENG 9. In accordance with an approved PM-10 Dust Control Plan, temporary dust
control perimeter fencing shall be installed. Fencing shall have screening that is
tan in color; green screening will not be allowed. Temporary dust control
perimeter fencing shall be installed after issuance of Grading Permit, and
immediately prior to commencement of grading operations.
ENG 10. Temporary dust control perimeter fence screening shall be appropriately
maintained, as required by the City Engineer. Cuts (vents) made into the
perimeter fence screening shall not be allowed. Perimeter fencing shall be
adequately anchored into the ground to resist wind loading.
ENG 11. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas on-
site shall be permanently stabilized, in accordance with Palm Springs Municipal
32
Planning Commission Resolution No. 6382 February 12, 2014
Case TPM 36693
Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter
fencing shall be removed, as required by the City Engineer.
ENG 12. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
ENG 13. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h),
the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre at the time of issuance of grading permit for
mitigation measures for erosion/blowsand relating to this property and
development.
ENG 14. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
plan for the proposed development. A copy of the Geotechnical/Soils Report
shall be submitted to the Engineering Division with the first submittal of a grading
plan (if required) or prior to issuance of any permit.
ENG 15. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
Geotechnical/Soils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided even though there may not
be a grading plan for the project. No certificate of occupancy will be issued until
the required certification is provided to the City Engineer.
ENG 16. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan (if required), to the Engineering
Division prior to construction of any building foundation.
ENG 17. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
33
Planning Commission Resolution No. 6382 February 12, 2014
Case TPM 36693
DRAINAGE
ENG 18. All stormwater runoff across the property shall be conveyed accepted and in a
p
manner acceptable to the City Engineer and released to an approved drainage
system. Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management Practices
(BMP's).
ENG 19. 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 in accordance
with Resolution No. 15189. Fees shall be paid prior to issuance of a building
permit.
GENERAL
ENG 20. Any utility trenches or other excavations within existing asphalt concrete
pavement of off-site streets required by the proposed development shall be
backfilled and repaired in accordance with City of Palm Springs Standard
Drawing No. 115. The developer shall be responsible for removing, grinding,
paving and/or overlaying existing asphalt concrete pavement of off-site streets as
required by and at the discretion of the City Engineer, including additional
pavement repairs to pavement repairs made by utility companies for utilities
installed for the benefit of the proposed development (i.e. Desert Water Agency,
Southern California Edison, Southern California Gas Company, Time Warner,
Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches,
and other street cuts within existing asphalt concrete pavement of off-site streets
required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off-site streets, at the discretion of the
City Engineer. The pavement condition of the existing off-site streets shall be
returned to a condition equal to or better than existed prior to construction of the
proposed development.
ENG 21. All proposed utility lines shall be installed underground.
ENG 22. All existing utilities shall be shown on the improvement plans if required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
ENG 23. Upon approval of any improvement plan (if required) by the City Engineer, the
improvement plan shall be provided to the City in digital format, consisting of a
DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange
file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and
format of the digital data to be submitted to the City may be authorized, upon
prior approval by the City Engineer.
ENG 24. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
34
- t 1
Planning Commission Resolution No. 6382 February 12, 2014 S
Case TPM 36693
drawing "as-built' information and returned to the Engineering Division prior to
issuance of a final certificate of occupancy. Any modifications or changes to
approved improvement plans shall be submitted to the City Engineer for approval
prior to construction.
ENG 25. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
ENG 26. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed in
accordance with City of Palm Springs Standard Drawing No. 904.
ENG 27. This property is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The
LDMF shall be paid prior to issuance of Building Permit.
MAP
ENG 28. A Parcel 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 Parcel
Map to the Engineering Division as part of the review of the Map. The Parcel
Map shall be approved by the City Council prior to issuance of building permits.
ENG 29. In accordance with Government Code 66411.1 (a), all required public
improvements shall be listed in an Improvement Certificate on the Parcel Map
and clearly noted that the required public improvements will be the minimum
development requirements for Parcel 1 of Tentative Parcel Map No. 36693, but
shall be completed prior to issuance of a building permit on Parcel 1 of
TPM36693.
ENG 30. Upon approval of a parcel map, the parcel 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 (e00), 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
35
Planning Commission Resolution No. 6382 February 12, 2014
Case TPM 36693
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
ENG 31. A minimum of 48 inches of clearance for accessibility shall be provided on public
sidewalks or pedestrian paths of travel within the development. Minimum
clearance on public sidewalks (or pedestrian paths of travel) shall be provided by
either an additional dedication of a sidewalk easement (if necessary) and
widening of the sidewalk, or by the relocation of any obstructions within the public
sidewalk along the Sunny Dunes Road frontage of the Parcel 1 of TPM36693.
ENG 32. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
ENG 33. 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 for Streets and Highways, dated January 13,
2012, or subsequent editions in force at the time of construction.
ENG 34. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
FIRE DEPARTMENT CONDITIONS
(none at this time)
END OF CONDITIONS
36
To: City of Palm Springs Planning Commission December, 09 2013 ("
I Paul Hryn of Dos Palmas Development, LLC am the current owner of the remainder
parcel of tract map 28308 which is currently undeveloped land zoned R-1-C and R-MHP.
I am requesting the approval of Tentative Parcel Map no 36693 which will create one
10,000.50 sq.ft lot in the current R-1-C zoning and one 1.35 AC lot in the same mixed
zone of R-1-C/R-MHP. The creation of the R-1-C parcel will adjoin the existing 7
R-1-C lots (TM 28308)previously approved by the City of Palm Springs. Our intention
is to construct a mid century modem home of approximately 2200 sq similar to the
homes under construction on the 7 lots of TM 28308 to the west along Sunny Dunes.
Your approval on this project is greatly appreciated.
Thank you
Paul Hryn
Dos Palmas Development, LLC
1278 Glenneyre Street, suite 133
Laguna Beach, Ca 92651
949-795-0777
hrynco@cox.net
RECEIVED
DEC 0 9 2013
PUNNING SERVICES
DEPARTMENT
37
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RESOLUTION NO. 2084'Ise 0 g pqS�—pD-2vtali t� �� Ae�
OF THE CITY COUNCIL OF THE CITY M,OFLD SFRINGS$
CALIFORNIA, APPROVING CASE 5.0954- S t�D T , ..—
A PRELIMINARY PLANNED DEVELOPMENT DI A Y� iC PLi:EC fl tE D
TENTATIVE TRACT MAP, TO SUBDIVIDE 3.22 ACKittj1 TV y r,BOVE [aoclyd
SEVEN (7) SINGLE FAMILY RESIDENTIAL LOTS AND THREE
(3) PROFESSIONAL OFFICE LOTS FOR FUTURE
DEVELOPMENT, SUBJECT TO THE CONDITIONS STATED,
LOCATED AT THE NORTHWEST CORNER OF SUNRISE WAY
AND SUNNY DUNES, R-1-C AND RMHP ZONES, SECTION 23.
WHEREAS, the Desert Chapel, (the "Applicant") has filed an application with the City pursuant
to Section 9402.00 of the Zoning Code and the Palm Springs Municipal Code Section 9.60 for a
Planned Development District and Tentative Tract Map to subdivide 3.22 acres into eight (8)
single family residential lots and three (3) professional office lots at the northwest corner of
Sunrise Way and Sunny Dunes (the "Project"), R-1-C and RMHP Zones, Section 23; and
WHEREAS, the Applicant has filed an application for Planned Development District 242 and
Tentative Tract Map 28308 with the City and has paid the required filing fees; and
WHEREAS, the General Plan designation for the subject site is L4 (Low Residential -4 units per
acre) along Sunny Dunes and M15 (Medium Residential - 15 units per acre) along Sunrise Way;
and
WHEREAS, the General Plan designation of M-15 and a R-2 Zone standard are compatible and
normally used together; and
WHEREAS, the Planned Development District application has been submitted in-lieu of a
change of zone to R-2; and
WHEREAS, "P" Professional office uses are allowed by conditional use permit in the R-2 zone
provided the property fronts on a Major Thoroughfare; and
WHEREAS, the "P" zone has been used as a point of comparison for property development
standards for those professional offices; and
WHEREAS, said Planned Development District and Tentative Tract Map were 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 a public hearing of the Planning Commission of the City of Palm Springs
to consider Applicant's application for Planned Development District 242 and Tentative Tract
Map 28308 were given in accordance with applicable law; and
WHEREAS, on December 17, 2003, a public hearing on the application for Planned
39
(-;) + .I
Development District 242 and Tentative Tract Map 28308 was held by the Planning Commission
in accordance with applicable law; and
WHEREAS, the Planning Commission carefully reviewed and considered all of the evidence
presented in connection with the meeting on the Project, including but not limited to the staff
report, all environmental data and all written and oral testimony presented.
WHEREAS, on December 17, 2003, the Planning Commission in accordance with applicable
law voted to reduce the number of residential lots from eight (8) to seven (7) and recommend
that the City Council approve the proposed project, subject to conditions; and
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider
Applicant's application for Planned Development District, 242 and Tentative Tract Map 28308
were given in accordance with applicable law; and
WHEREAS, on January 21, 2004, a public hearing on the application for Planned Development
District 242 and Tentative Tract Map 28308 was held by the City Council in accordance with
applicable law; and
WHEREAS, on January 21, 2004, following the public hearing on the application for Planned
Development District 242 and Tentative Tract Map 28308, the City Council directed staff to meet
with the applicant and community to develop a solution which addressed community concerns;
and
WHEREAS, on March 4, 2004, a community meeting was conducted, where the neighbors and
applicant had an opportunity to discuss the project; and
WHEREAS, at the community meeting residents presented a revised site plans which provided
alternative design scenarios for the applicant to consider; and
WHEREAS, the applicant reviewed the neighborhood input suggestions and submitted a
redesigned site plan which incorporated some of the neighborhood's suggestions for review on
March 9, 2004; and
WHEREAS, a revised site plan incorporates a number of suggestions requested by the
community; and
WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered
the effect of the proposed Subdivision, Tentative Tract Map 28308, on the housing needs of the
region in which Palm Springs is situated and has balanced these needs against the public
service needs of its residents and available fiscal and environmental resources; and
WHEREAS, the approval of the proposed Subdivision represents the balance of these
respective needs in a manner which is most consistent with the City's obligation pursuant to its
police powers to protect the public health, safety, and welfare; and
WHEREAS, pursuant to Section 15332 of the California Environmental Quality Act ("CEQA")
40
ii
guidelines, the City Council finds that the proposed planned development district and
subdivision are considered an in-fill development, are less than five acres in area are
substantially surrounded by urban development, and have all utility services available at the
project site, and are therefore exempt from further environmental review under state law; and
WHEREAS, the City Council carefully reviewed and considered all of the evidence presented in
connection with the meeting on the Project, including but not limited to the staff report, all
environmental data and all written and oral testimony presented.
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds that pursuant to Section 15332 of the
California Environmental Quality Act ("CEQA") guidelines, the proposed planned
development district and subdivision are considered an in-fill development, are
less than five acres in area are substantially surrounded by urban development,
and have all utility services available at the project site, and are therefore exempt
from further environmental review under state law; and
Section 2: Pursuant to Government Code Section 66473.5, the City Council finds that the
proposed subdivision and the provisions for its design and improvement are
compatible with the objectives, polices, and general land uses and program
provided in the City's General Plan and any applicable specific plan.
Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City
Council finds that with the incorporation of those conditions attached in Exhibit A:
1. The proposed Tentative Map is consistent with applicable general and specific plans.
The proposed project is consistent with the General Plan. The General Plan designation
for the site is M15 and L4, medium and low density residential, respectively. The
General Plan would allow twenty-four (24) dwelling units on the project site. The
applicant is proposing eight (8) units and therefore, is well within the density parameters
of the General Plan. The General Plan designation of M15 and an R-2 Zoning standard
are compatible and normally used together. The Planned Development District
application has been submitted in-lieu of a change of zone to R-2. Professional Office
use is allowed in the R-2 zone provided the property fronts on a Major Thoroughfare.
The City Council has used the "P"zone for property development standards.
2. The design of improvement of the proposed subdivision is consistent with the General
Plan and any applicable Specific Plan.
Pursuant to Government Code Section 66473.5 the City Council finds that the proposed
subdivision and the provisions for its design and improvement are compatible with the
objectives, polices, and general land uses and program provided in the City's General
Plan. All street, drainage, and utilities improvements are subject to the standards of the
41
General Plan and Conditions of Approval associated with TTM 28308,
3. The site is physically suitable for the type and density of development contemplated by
the proposed subdivision.
The City Council finds that the site is appropriate for the development of seven (7)
single family residential lots and three (3) professional parcels, on 3.2 acres of land.
The proposed development is well under the maximum allowable density of twenty-four
(24) units, as permitted under the General Plan and Zoning Code. There will be no
incompatibility issues as the subject property is surrounded by a single-family
residential use to the south and west, a church to the east, and a mobile home park to
the north. The applicant proposes a mixed use project with professional offices on the
major thoroughfare and low density residential development on the secondary
thoroughfare that will be compatible with the surrounding neighborhood.
4. The design of the proposed subdivision or the proposed improvements are not likely to
cause substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat.
The project site is surrounded by urban development on all four directions. The site has
not been previously identified as habitat area. The design of the proposed subdivision
or the proposed improvements will not cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat.
5. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
The design of the subdivision and proposed improvements must follow the conditions of
approval including, but not limited to, the application of the Uniform Building Code
Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control
Ordinance in order to ensure public health and safety.
6. The design of the subdivision or the type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of, property within
the proposed subdivision.
The applicant will be required to install the required street improvements as part of the
project.
Section 4: Pursuant to Zoning Ordinance Section 9402.00, the Planning Commission finds
that:
a. The use applied for at the location set forth in the application is properly one for which a
Planned Development District is authorized by the City's zoning ordinance.
The General Plan designation of M15 and an R-2 Zoning standard are compatible and
normally used together. The Planned Development District application has been
42
submitted in-lieu of a change of zone to R-2 and staff has used the "P" zone as a point
of comparison for property development standards. Professional office uses are
allowed in the R-2 zone, with a conditional use permit, provided the property fronts on a
Major Thoroughfare. Pursuant to the Zoning Ordinance for the underlying R-1-C zone,
single-family residential development is a permitted uses.
b. The said use is necessary or desirable for the development of the community, and is in
harmony with the various elements or objectives of the General Plan, and is not
detrimental to the existing or future uses specifically permitted in the zone in which the
proposed use is to be located.
This mixed use project is in harmony with the objectives of the General Plan, is
desirable for the development of the community and is not detrimental to the existing or
future uses specifically permitted in the zone for which it is proposed.
The revised site plan results in increased size for the single family residential lots, to
minimum 10,000 square feet in area, 100' by 100' lots, which are consistent with
development on the south side of Sunny Dunes and comply with Section 92.01.03 of
the Zoning Ordinance, R-1-C zone development standards. The revision results in a
reduction in the number of residential lots originally proposed from eight to seven. The
increase in lot area, lot size and reduction in the number of lots addressed community
concerns that the proposed lots are designed according to the R-1-C standards and
match existing development patterns on the south side of Sunny Dunes.
The revised site plan results in the elimination of the commercial driveway on Sunny
Dunes. This driveway has been relocated to Sunrise Way. A break of the proposed
landscape median which will be constructed as a result of this project, to allow left-in
and left-out turning movements. The elimination of the driveway along Sunny Dunes
addresses concerns about additional commercial traffic to Sunny Dunes.
The revise plan results in reduced setbacks to the parking lot along Sunny Dunes and
Sunrise Way. The "P" Professional zone standards require a 25' landscape setback
from the street to parking area, the strict implementation of these code provisions would
result in the elimination of sixteen (16) parking spaces, nine (9) along Sunny Dunes and
seven (7) on Sunrise. This would result in non-compliance with the Section 94.06.00 of
the Parking Ordinance. To address the neighbor concerns, the applicant is proposing a
10' landscaped setback to the street frontages. These setbacks would include
decorative block walls 4' in height, which would serve to screen vehicles in the parking
areas, and reduce their visibility. The twenty-five (25') landscaped setback to parking
along Sunny Dunes Way addresses concerns about the aesthetic impacts of the
project.
C. The site for the intended use is adequate in size and shape to accommodate said use,
including yards, setbacks, walls or fences, landscaping and other features required in
order to adjust said use to those existing or permitted future uses of land in the
neighborhood.
43
I) ( )
The project site is 3.2 acres and is of adequate size to accommodate said use.
Pursuant to the development standards for the R-1-C and RMHP zone, limited single-
family residential and mobile home park zone standards, respectively, the proposed
project presents a more creative approach in the development of land and creates a
harmonious in-fill development in a single and multiple family neighborhood.
Surrounding street facades are staggered with multi-level structures, walls, courtyards
and pedestrian access ways. The intent of the project is to blend with the adjacent
neighborhood rather than stand apart as a walled and gated island. This Planned
Development District intends to maintain good zoning practices while including certain
desirable departures from the strict provisions of the R-1-C and RMHP zoning
classifications.
Therefore, it is determined that the site for the intended use is adequate in size and
shape to accommodate seven (7) single family residential parcels and the three (3)
professional parcels.
d. The site for the proposed use relates to streets and highways properly designed and
improved to carry the type and quantity of traffic to be generated by the proposed use.
The proposed project will contribute to improvement of the existing street system that
will serve the site, and with said improvements, the public street system will be
adequate to carry the type and quantity of traffic to be generated by the proposed use.
e. The conditions to be imposed are deemed necessary to protect the public health, safety
and general welfare, of the existing neighborhood in which this project is situated.
The conditions imposed are necessary to bring the project into compliance with
applicable zoning, building, and other regulations to protect the public health, safety,
and general welfare of the existing neighborhood in which this project is located.
f. A nexus and rough proportionality have been established for requirement of dedication
of the additional right-of way to the City and the off-site improvements as related to the
tentative parcel map.
The right-of -way dedication and off-site improvements, which are required by the
Zoning Ordinance, are related to the project since the project access must use Sunrise
Way and Sunny Dunes. Also, the purpose of the right-of-way dedication for Sunrise
Way along the eastern property boundary is to concur with the dedication of the subject
street to match the commercial shopping center located to the immediate north.
Currently, the subject property is vacant. Future property owners will benefit from any
improvements made to Sunrise Way and Sunny Dunes such as dedication of
easements, sidewalks/bikepaths and future widening. The required dedication of right-
of way and improvements will provide safety benefits to the property owners and will
aesthetically enhance the neighborhood.
44
i � I
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council
hereby approves Case No. 5.0954, Planned Development District 242 and Tentative Tract Map
28308, subject to those conditions set forth in the Exhibit A on file in the Department of Planning
and Zoning, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless
other specified.
ADOPTED THIS 17th DAY OF March , 2004.
AYES: Members Foat, McCulloch, Pougnet and Mayor Oden
NOES: None
ABSENT: Member Mills
ATTEST: CITY OF PALM SPRINGS, CALIFORN!A
City Clerk City Manager
Reviewed and Approved as to Form:
45
A
1lF'PRbv2D BY PLAN5ING CGTe1pAiSiiJU;t
APfFJVED 6V ClPY COUNCIL
RESOLUTION NO. zamlutian _-�--- Urdlnanco tt
AWPfiC'lAL SUBJECT 10 ALL REQUEEw'
EXHIBIT A I " %30VE 6i,611;_
cf=',i.it0V�
CASE NO. 5.0954-PD-242, TTM 28308.
DESERT CHAPEL
1420 EAST SUNNY DUNES ROAD AND 657 SUNRISE WAY SOUTH
APN#508-231-005 and 508-240-010
ZONE R-1-C/RMHP, SECTION 23, T4S,R4E, SBBM
MARCH 17, 2004
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning, 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.
PROJECT SPECIFIC CONDITIONS
Administrative
1. The proposed development of the premises shall conform to all applicable regulations of
the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances
and resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,
officers, and employees from any claim, action, or proceeding against the City of Palm
Springs or its agents, officers or employees to attach, set aside, void or annul, an approval
of the City of Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.0954-PD-242, TTM 28308. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding against the City of
Palm Springs and the applicant will either undertake defense of the matter and pay the
City's associated legal costs or will advance funds to pay for defense of the matter by the
City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such
claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not,
thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs.
Notwithstanding the foregoing, the City retains the right to settle or abandon the matter
without the applicant's consent but should it do so, the City shall waive the indemnification
herein, except, the City's decision to settle or abandon a matter following an adverse
judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein.
46
3. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parking
areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in accordance with all
applicable law, rules, ordinances and regulations of all federal, state, and local bodies and
agencies having jurisdiction at the property owner's sole expense. This condition shall be
included in the recorded covenant agreement for the property if required by the City.
4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This
project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption
shall be completed by the City and two copies filed with the County Clerk. This application
shall not be final until such fee is paid and the Certificate of Fee Exemption is fled. Fee
shall in the form of a money order or cashier's check payable to Riverside County.
5. 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 '/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.
6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Section 66477 (Quimby Act), all residential development shall be required to contribute to
mitigate park and recreation impacts such that, prior to issuance of residential building
permits, a parkland fee or dedication shall be made. Accordingly, all residential
development shall be subject to parkland dedication requirements and/or park
improvement fees. The parkland mitigation amount shall be based upon the cost to acquire
and fully improve parkland.
7. The final development plans shall show seven (7) residential lots and three (3)
professional lots.
8. Perimeter walls shall be designed, installed and maintained in accordance with the
comer cutback requirements as required in Section 93.92.00D. A six foot decorative
block wall shall be required between the individual residential lots, professional offices
and mobile home park, and between the professional office complex and the residential
lots. The parking lot shall be screened by a 4' decorative block wall, landscaping or
berms, or a combination thereof. These walls shall be installed at the time of the
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subdivision improvements.
CC&R's
9. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Zoning
for approval in a form to be approved by the City Attorney, to be recorded prior to
approval of a final map. The CC&R's shall be enforceable by the City, shall not be
amended without City approval, shall require maintenance of all property in a good
condition and in accordance with all ordinances.
10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000,
for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to
the City Planning Department for administrative review purposes.
11. The CCR's shall have a disclosure statement regarding the location of the project
relative to roadway noise, City special events, roadway closures for special events and
other activities which may occur in the Central Business District, Desert Museum and
Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic,
noise and other activities which may occur in this area.
Cultural Resources
12. Prior to any ground disturbing activity, including clearing and grubbing, installation of
utilities, and/or any construction related excavation, an Archaeologist qualified according
to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey
the area for the presence of cultural resources identifiable on the ground surface.
13. Given that portions of the project area are within an alluvial formation, the possibility of
buried resources is increased. A Native American Monitor shall be present during all
ground-disturbing activities.
a). Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s) shall be
present during all ground disturbing activities including clearing and grubbing,
excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua
Caliente Band of Cahuilla Indian Cultural Office for additional information on the
use and availability of Cultural Resource Monitors. Should buried cultural
deposits be encountered, the Monitor shall contact the Director of Planning and
Zoning and after the consultation the Director shall have the authority to halt
destructive construction and shall notify a Qualified Archaeologist to investigate
and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente Cultural
Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in connection with
this project, including reports of investigations, record search results and site
48
records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department and one copy to the City Planning and Zoning
Department prior to final inspection.
Final Design - Professional Lots
14. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for
approval by the Department of Planning and Zoning prior to issuance of a building
permit. Landscape plans shall be approved by the Riverside County Agricultural
Commissioner's Office prior to submittal.
15. The final development plans shall be submitted in accordance with Section 9403.00 of
the Zoning Ordinance. Final development plans shall include site plans, building
elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans,
exterior lighting plans, sign program, mitigation monitoring program, site cross sections,
property development standards and other such documents as required by the Planning
Commission. Final development plans shall be submitted within two (2) years of the City
Council approval of the preliminary planned development district.
16. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor
Lighting Standards, shall be submitted for review and approval by the Director of
Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of
all exterior lighting on the building and in the landscaping shall be submitted for approval
prior to issuance of a building permit. If lights are proposed to be mounted on buildings,
down-lights shall be utilized.
17. The first parking spaces shall be located 25 feet from the property line on Sunny Dunes
Way.
18. A reciprocal access agreement shall be recorded between property owners of the
commercial lots as part of the final map or shown on the map regarding the main
driveways and connector driveways, per the approved plan.
19. The developer shall install the property line wall on the north and west property lines at
the time of subdivision improvements.
20. The project must comply with Section 93.06.00 (Off Street Parking).
21. The project must comply with Section 93.03.01.c.9.b regarding sinage for the office
complex. The only sign allowable is a single identification sign for building complex
identification.
Final Design - Residential Lots
22. The applicant shall submit a street frontage master landscape plan, which shall include
49
trees, shrubs and groundcover, to the Director of Planning and Zoning for approval. This
can be in the format of a written landscape program and plant list.
23. Architectural approval is not required for the single family lots.
24. Construction of any residential unit shall meet minimum soundproofing requirements
prescribed pursuant to Section 1092 and related sections of Title 25 of the California
Administrative Code. Compliance shall be demonstrated to the satisfaction of the
Director of Building and Safety.
25. The design, height and texture and color of the buildings, fences and walls shall be
submitted for review and approval prior to issuance of building permits. A six foot
decorative block wall shall be constructed along the property line with the mobile home
park and between the residential units. Walls separating the project site from the mobile
home park along the entire north property line shall be constructed at the time of the
construction of the subdivision improvements. Individual side property line walls may be
constructed with individual buildings.
26. The street address numbering/lettering shall not exceed eight inches in height.
GENERAL CONDITIONS/CODE REQUIREMENTS
27. Planned Development Districts and Tentative Tract Maps shall be valid for a period of
two (2) years. Extensions of time may be granted by the Planning Commission upon
demonstration of good cause.
28. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.
The applicant shall submit an application for Final Landscape Document Package to the
Director of Planning and Zoning for review and approval prior to the issuance of a
building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements.
29. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal
Code for specific requirements.
30. The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or landscaped.
31. Separate architectural approval and permits shall be required for all signs. A detailed
sign program shall be submitted for review and approval by the Planning Commission
prior to issuance of building permits.
32. All materials on the flat portions of the roof shall be earth tone in color.
33. All awnings shall be maintained and periodically cleaned.
34. All roof mounted mechanical equipment shall be screened from all possible vantage
50
points both existing and future per Section 9303.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend with
the architectural design of the building(s). The exterior elevations and roof plans of the
buildings shall indicate any fixtures or equipment to be located on the roof of the
building, the equipment heights, and type of screening. Parapets shall be at least 6"
above the equipment for the purpose of screening.
35. No exterior down spouts shall be permitted on any facade on the proposed building(s)
which are visible from adjacent streets or residential and commercial areas.
36. Submit plans meeting City standard for approval on the proposed trash and recyclable
materials enclosure prior to issuance of a building permit.
37. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
38. Vehicles associated with the operation of the proposed development including company
vehicles or employees vehicles shall not be permitted to park off the proposed building
site unless a parking management plan has been approved.
39. Prior to the issuance of building permits, locations of all telephone and electrical boxes
must be indicated on the building plans and must be completely screened and located in
the interior of the building. Electrical transformers must be located toward the interior of
the project maintaining a sufficient distance from the frontage(s) of the project. Said
transformer(s) must be adequately and decoratively screened.
40. The applicant shall provide all tenants with Conditions of Approval of this project.
41. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces
shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by
9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap
spaces can share a common walkway. One in every eight (8) handicap accessible
spaces, but not less than one (1), shall be served by an 8 foot walkway on the right side
and shall be designated as "van accessible".
42. Handicapped accessibility shall be indicated on the site plan to include the location of
handicapped parking spaces, the main entrance to the proposed structure and the path
of travel to the main entrance. Consideration shall be given to potential difficulties with
the handicapped accessibility to the building due to the future grading plans for the
property.
43. Compact and handicapped spaces shall be appropriately marked per Section
93.06.00.C.10.
44. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area shall
51
have curbs placed at a minimum of two (2) feet from the face of walls, fences or
buildings adjoining driveways.
45. Parking lot light fixtures shall align with stall striping and shall be located two to three
feet from curb face.
46. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to comply with
shading requirements.
47. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning
Ordinance shall be met. Details to be provided with final landscape plan.
48. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated
"U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall
provide wheel stops.
49. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end
parking spaces or end spaces shall be increased to eleven (11)feet wide.
50. Tree wells shall be provided within the parking lot and shall have a planting area of six
feet in diameter/width.
ENGINEERING
The Engineering Division recommends that if this application is approved, such approval is
subject to the following conditions being completed in compliance with City standards and
ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
51. Any improvements within the street right-of-way require a City of Palm Springs
Encroachment Permit.
52. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
SUNRISE WAY
53. Off-site street improvements shall be constructed adjacent to the property identified as
APN 508-240-009 consisting of removal of existing street improvements and
construction of street widening of curb and gutter to 38 feet west of centerline and
construction of an adjacent combination sidewalk and bicycle path, including
52
construction of a new driveway approach to replace the existing driveway approach.
This work shall be coordinated with the extension of the Baristo Channel box culvert, to
be widened by others. This condition shall not be required in the event widening of the
Baristo Channel box culvert does not occur.
54. Remove the existing 6 inch curb and gutter located 32 feet west of centerline and
replace with a 6 inch curb and gutter located 38 feet west of centerline along the entire
frontage, with a 35 feet radius curb return at the northwest corner of the intersection of
Sunrise Way and Sunny Dunes Road in accordance with City of Palm Springs Standard
Drawing No. 200.
55. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs
Standard Drawing No. 201. The centerline of the proposed driveway approach shall be
located approximately 430 feet north of the centerline of Sunny Dunes Road. Access
shall be limited to one location, as shown on the approved site plan.
56. Construct a 12 feet wide combination sidewalk and bicycle path along the entire South
Sunrise Way frontage, subject to final design. The construction shall be meandering or
adjacent to curb with colored Portland Cement concrete. The admixture shall be Palm
Springs Tan, Desert Sand, or approved equal color by the Engineering Division. The
sidewalk design and layout shall be subject to final design approval by the Director of
Planning and Zoning.
57. Remove the existing curb ramp and construct a Type A curb ramp meeting current
California State Accessibility standards at the northwest corner of the intersection of
Sunrise Way and Sunny Dunes Road in accordance with City of Palm Springs Standard
Drawing No. 212.
58. Deleted.
59. Remove and replace existing pavement with a minimum pavement section of 5 inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw
cut edge of pavement along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City Engineer for
approval.
SUNNY DUNES ROAD
60. Remove the existing curb and gutter located 18 feet north of centerline and replace with
6 inch curb and gutter located 20 feet north of centerline and match existing
improvements on Sunny Dunes Road, with a 35 feet radius curb return at the northwest
corner of the intersection of Sunny Dunes Road and Sunrise Way in accordance with
City of Palm Springs Standard Drawing No. 200.
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61, Remove the existing catch basin at the northwest corner of the intersection of Sunny
Dunes Road and Sunrise Way and construct a new catch basin of similar width and
depth, and connect to the existing storm drain system in Sunny Dunes Road, in
accordance with Riverside County Flood Control (RCFC) standards. Proposed removals
and relocations of storm drain improvements shall be subject to the approval of RCFC
and the City Engineer.
62. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs
Standard Drawing No. 201. The centerline of the proposed driveway approach shall be
located approximate) 255 feet west of the centerline of Sunrise Way. Access to th Y y e
professional use properfies
(Lot 9) shall be limited to one location, as shown on the
approved site plan.
63. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance
with City of Palm Springs Standard Drawing No. 210.
64. Remove and replace existing pavement with a minimum pavement section of 3 inch
asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw
cut edge of pavement along that portion of the project frontage where curb relocation
and street widening is required, in accordance with City of Palm Springs Standard
Drawing No. 110 and 315. 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.
65. All broken or off-grade street improvements shall be removed and replaced to the
satisfaction of the City Engineer.
CALLE AMIGOS
66. Construct a 6 inch curb and gutter 18 feet east of centerline along the entire frontage to
match existing improvements at the northeast corner of the intersection of Calle Amigos
and Sunny Dunes Road in accordance with City of Palm Springs Standard Drawing No.
200.
67. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance
with City of Palm Springs Standard Drawing No. 210.
68. Remove and replace existing pavement with a minimum pavement section of 2'/2 inch
asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw
cut edge of pavement along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R"
values, by a licensed Soils Engineer and submitted to the City Engineer for approval.
69. All broken or off-grade street improvements shall be removed and replaced to the
satisfaction of the City Engineer.
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SANITARY SEWER
70. Connect all sanitary facilities to the City sewer system. Laterals shall not be connected
at sewer manholes.
71. Dedicate to the City of Palm Springs an easement for sewer purposes across Lots 9, 10,
and 11 in a location approved by the City Engineer.
72. Construct an 8 inch sewer main across Lots 9, 10, and 11 in a location approved by the
City Engineer and connect to the existing sewer main located in Sunny Dunes Road,
73. Submit sewer improvement plans prepared by a Registered Civil Engineer to the
Engineering Department. The plan(s) shall be approved by the City Engineer prior to
issuance of any grading or building permits.
GRADING
74. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or
qualified Architect to the Engineering Division for review and approval. The Precise
Grading plan shall be submitted to the Planning Department for approval to submit for
plan check, prior to submittal to the Engineering Division. A PM 10 (dust control) Plan
shall be submitted to and approved by the Building Department prior to approval of the
Precise Grading plan. The Precise Grading Plan shall be approved by the City Engineer
prior to issuance of any grading or building permits.
Minimum submittal includes the following:
A. Planning Department approval to submit for plan check.
B. Copy of signed Conditions of Approval from Planning Department.
C. Copy of Site Plan stamped approved and signed by the Planning Department.
D. Copy of Title Report prepared/updated within past 3 months.
E. Copy of Soils Report
75. Drainage swales shall be provided adjacent to all curbs and sidewalks, 3' wide and 6"
deep, to keep nuisance water from entering the public streets, roadways, or gutters.
76. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued
from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is
required for the proposed development. A copy of the executed permit shall be provided
to the City Engineer prior to approval of a Grading Plan.
77. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash
bond of two thousand dollars ($2,000.00) per acre shall be posted with the Building
55
' f t
Department for mitigation measures of erosion/blowsand relating to his property and
development.
78. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the proposed
development. A copy of the soils report shall be submitted to the Building Department
and to the Engineering Division prior to approval of the Grading Plan.
79. Contact the Building Department to get information regarding the preparation of the
PM10 (dust control) plan requirements.
80. 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 an engineered grading plan and the export of native soil from
the site 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) or a verbal release from that office prior to the issuance of the City
grading permit. The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
81. Stormwater runoff may be conducted off-site to existing master storm drain facilities
within Sunny Dunes Road in accordance with the Master Drainage Plan for the Palm
Springs Area. Provisions for the interception of nuisance water from entering public
streets from the project site shall be provided through the use of a minor storm drain
system that collects and conveys nuisance water to landscape or parkway areas
adjacent to the public streets, and in only a stormwater runoff condition, pass runoff
directly to the streets through parkway or under sidewalk drains.
82. The project is subject to flood control and drainage implementation fees. The acreage
drainage fee at the present time is $9,212 per acre per Resolution No. 15189. Fees shall
be paid prior to issuance of a building permit.
ON-SITE
83. The minimum pavement section for all on-site parking areas shall be 2%z inch asphalt
concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches
at 95% relative compaction, or equal. If an alternative pavement section is proposed,
the proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
84. The on-site parking lot shall be designed in accordance with City of Palm Springs Zoning
JE
4• j l
Ordinance, Section 9306.00.
GENERAL
85. 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.
86. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all
existing and proposed electrical lines of thirty-five thousand volts or less and overhead
service drop conductors, and all gas, telephone, television cable service, and similar
service wires or lines, which are on-site, abutting, and/or transecting, shall be installed
underground unless specific restrictions are shown in General Orders 95 and 128 of the
California Public Utilities Commission, and service requirements published by the
utilities.
Existing overhead utility pole and overhead utility lines located on the property meet the
requirement to be installed underground. The developer is advised to investigate the
nature of these utilities, the availability of undergrounding these utilities with respect to
adjacent and off-site properties, and to present its case for a waiver of the Municipal
Code requirement, if appropriate, to the Planning Commission and/or City Council as
part of its review and approval of this project.
If utility undergrounding is deferred in accordance with specific direction by the Planning
Commission and/or City Council, the property owner shall enter into a covenant agreeing
to underground all of the existing overhead utilities required by the Municipal Code in the
future upon request of the City of Palm Springs City Engineer at such time as deemed
necessary. The covenant shall be executed and notarized by the property owner and
submitted to the City Engineer prior to issuance of a grading permit. A current title
report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided
to verify current property ownership.
87. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
88. The original improvement plans prepared for the proposed development and approved
by the City Engineer shall be documented with record drawing "as-built' information and
returned to the Engineering Division prior to issuance of a certificate of occupancy. Any
modifications or changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction.
89. Nothing shall be constructed or planted in the corner cut-off area of any driveway which
does or will exceed the height required to maintain an appropriate sight distance per City
of Palm Springs Zoning Code 93.02,00 D.
57
90. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm
Springs Standard Drawing No. 904.
MAP
91. The 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.
92. A Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer
and submitted to the Engineering Division for review and approval. The map shall be
approved by the City Council prior to issuance of building permits.
93. An access easement shall be reserved across Lots 9, 10 and 11, for the purposes of
shared access to adjacent public streets.
94. Rights of access to Sunrise Way shall be restricted adjacent to Lots 9 and 10 on the final
map.
TRAFFIC
95. The developer shall relocate traffic signal equipment (as necessary) at the northwest
corner of Sunrise Way and Sunny Dunes Road. If traffic signal equipment relocation is
required, traffic signal modifications shall be shown on traffic signal improvement plans
prepared by a Registered Civil or Traffic Engineer and submitted to the Engineering
Division for review and approval.
96, The developer shall provide a minimum of 48 inches of sidewalk clearance around all
street furniture, fire hydrants and other above-ground facilities for handicap accessibility.
The developer shall provide same through dedication of additional right-of-way and
widening of the sidewalk or shall be responsible for the relocation of all existing traffic
signal/safety light poles, conduit, pull boxes and all appurtenances located on the South
Sunrise Way, East Sunny Dunes Road, and Calle Amigos frontages of the subject
property.
97. Submit traffic striping and signage plans for Sunrise Way prepared by a California
registered Civil or Traffic Engineer to the Engineering Division for review and approval.
All required traffic striping and signage improvements shall be completed in conjunction
with required street improvements, to the satisfaction of the City Engineer, and prior to
issuance of a Certificate of Occupancy.
98. All damaged, destroyed, or modified pavement legends and striping associated with the
proposed development shall be replaced as required by the City Engineer prior to
issuance of a Certificate of Occupancy.
99. Construction signing, lighting and barricading shall be provided for on all projects as
58
required by City Standards or as directed by the City Engineer. As a minimum, all
construction signing, lighting and barricading shall be in accordance with State of
California, Department of Transportation, "Manual of Traffic Controls for Construction
and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time
of construction.
100. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid
prior to issuance of building permit.
59
City Council Meeting Page 19 of 22 Staff Report Item 2.U.
2.V. STAFF AUTHORIZED AGREEMENTS FOR THE PERIOD
JULY 1, 2006, THROUGH JULY 31, 2006:
ACTION: Receive and file. Approved as part of the
Consent Calendar.
S ff Report Item 2.V.
2.W. PROPO D RESOLUTION ADOPTING AN
APPROPR TIONS LIMIT FOR FISCAL YEAR ENDING
JUNE 30, 200
ACTION: Adopt esolution No. 21707, "A RESOLUTION OF
THE CITY COUN OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADO ING AN APPROPRIATIONS LIMIT
FOR THE FISCAL AR ENDING JUNE 30, 2007."
Approved as part of the nsent Calendar.
Staff Report Item 2.W.
2.X. PROPOSED RESOLUTION APPROV G RESERVES FOR
THE GENERAL FUND, VARIOUS ERATING AND
CAPITAL PROJECT FUNDS:
ACTION: Adopt Resolution No. 21708, "A RE LUTION OF
THE CITY COUNCIL OF THE CITY OF PAL SPRINGS,
CALIFORNIA, APPROVING THE RESERVA N OF
UNAPPROPRIATED FUND BALANCES IN VARIOU CITY
OPERATING AND CAPITAL PROJECT FUNDS FOR HE
FISCAL YEAR ENDING JUNE 30, 2006." Approved as p
of the Consent Calendar.
Staff Report Item 2.X.
2.Y. DESERT CHAPEL REQUEST FOR TIME EXTENSION FOR
TENTATIVE TRACT MAP 28308, PD 242, CASE NO.
6.0954:
ACTION: Adopt Resolution No. 21709, "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING A ONE-YEAR TIME
EXTENSION FROM APRIL 12, 2006, TO APRIL 12, 2007,
FOR TENTATIVE TRACT MAP 28308 (TTM 28308) AND
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City Council Meeting Page 20 of 22
PLANNED DEVELOPMENT DISTRICT 242 (PD 242)
LOCATED AT 657 SOUTH SUNRISE WAY, ZONE R-1-
C/RMHP, SECTION 23" notinq the business related
abstention of Councilmember Mills. Approved as part of
the Consent Calendar.
Staff Report Item 2.Y.
fi
22. APPROVE PURCHASE OF MICROSOFT OFFICE 2003
SOFTWARE LICENSES:
ACTION: Adopt Minute Order No. 7914, Approving the
purchase of 95 additional Microsoft Office 2003 software
licenses in the amount of$32,244.19 from CDW Government
Incorporated under the State of California CMAS contract.
Approved as part of the Consent Calendar.
Staff Report Item 21.
2.AA. SUBLEASE WITH UNITED COND MINIUMS
CORPORATION TO SUBLEASE TO THE Y A 1.77
ACRE PARCEL AT THE SOUTHWEST ORNER OF
AMADO ROAD AND CALLE ALVARA O (BUSINESS
LEASE PSL-236 WITH THE A A CALIENTE
RESERVATION):
ACTION: Adopt Resolution No. 2171 , "A RESOLUTION OF
THE CITY COUNCIL OF THE Cl OF PALM SPRINGS,
CALIFORNIA, APPROVING A S BLEASE TO BUSINESS
LEASE PSL-236) WITH ITED CONDOMINIUMS
CORPORATION FOR A 1. ACRE PARCEL AT THE
SOUTHWEST CORNER AMADO ROAD AND CALLE
ALVARADO AND RESC DING RESOLUTION NO. 21407
PREVIOUSLY APPRO NG A SUBLEASE." A5334. Noting
the business related abstention of Councilmember Mills.
/FOR
part the Consent Calendar.
2.AA.
EXCLUDED CLENDAR:
2.R. APPRENT NO. 1 TO AGREEMENT NO. 5215 WITH
ACE P AIRPORT PARKING LOT MANAGEMENT:
Staff R .
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City Council Minuies
December 17, 2008
Page 4
Councilmember Weigel questioned if a Class 1 designation would re re
the restoration of the site, provided the background of the City C ncil's
discussion and proceedings six months ago, and stated his s ort for a
Class 2 designation.
Councilmember Hutcheson questioned if the.props was in negotiation
for sale or transfer and the future of the property, mmented on the value
to the neighborhood and the condition of the perty, recommended the
owner seek an offer to sell the property, a stated he is not in support of
the demolition of the property at this tim .
Mayor Pougnet requested staff ress if the property was designated as
a Class 2, could the City proh' the demolition of the property.
Mayor Pro Tern Mills ted he is not opposed to a 45-day stay, but the
City Council need o deal with the issue, commented on the current
condition of the perty, and the history and background of the site.
ACTIO • ) Continue the Public Hearing to February 4, 2009; 2) Direct
the ' Clerk to Post a Notice of Continued Public Hearing; 3) Approve
t Agreement to Extend Time for Action on Case No. HSPB-69,
amending the Agreement to provide for the extension of time to February
5, 2009; and 4) Authorize the City Manager to execute the Agreement.
A5771. Motion Councilmember Foat, seconded by Councilmember
Hutcheson and unanimously carried on a roll call vote.
I.C. APPLICATION BY SOUTHWEST REAL ESTATE HOLDINGS, LLC,
FOR A GENERAL PLAN AMENDMENT AND A CHANGE OF ZONE
FOR A PARCEL AT THE NORTHWEST CORNER OF SUNNY DUNES
ROAD AND SUNRISE WAY; AND TENTATIVE TRACT MAP 28308 TO
SUBDIVIDE A PORTION OF A 3.2 ACRE PARCEL FRONTING SUNNY
DUNES ROAD INTO SEVEN RESIDENTIAL LOTS, CASE 5.1175 GPA,
CZ, TTM 28308:
Craig Ewing, Director of Planning Services, provided background
information as outlined in the staff report dated December 17, 2008.
Mayor Pougnet opened the public hearing and the following speaker
addressed the City Council_
PETER INTRAVARTOLO, provided a history of the property and stated
the neighborhood came to agreement in 2002 with respect to the zoning of
the parcel, stated his concerns for the change to a commercial
designation, and requested the City Council prohibit an entry/exit on
Sunny Dunes Road.
No further speakers coming forward, the public hearing was closed.
b4
City Council Minutes
December 17, 2008
Page
Mayor Pro Tern Mills commented on the configuration of the property and
the limits to its use, stated he is not in support of the Zone Change and
recommended the owner use the PDD process.
Councilmember Foat requested staff address the previous agreement and
discussion on the property.
ACTION: Deny the Change of Zone and General Plan Amendment.
Motion Mayor Pro Tom Mills, seconded by Councilmember Foat and
unanimously carried on a roll call vote.
PUBLIC COMMENT:
C TIS BERGERON, Guide Dogs of the Desert, provided an update on the activities
and ograms of Guide Dogs of the Desert.
SID C G, provided an update of the events for the upcoming Palm Springs Film
Festival, an stated the organization is seeking additional volunteers.
COUNCILMEM R COMMENTS: None.
CITY MANAGER'S PORT:
City Manager Ready provi an update on the activities of Code Enforcement.
The City Council recessed at 8:06 p.m. and convened as the Community
Redevelopment Agency.
The Community Redevelopment Age adjourned at 8:10 p.m. and the City Council
reconvened.
2. CONSENT CALENDAR:
ACTION: Approve Items 2.A., 2.B., 2.C., �.D., 2.E., 2.F., 2.H., 2.J., 21., 2.N.,
and 2.0. Motion Councilmember Weigel, 6qconded by Mayor Pro Tom Mills
and unanimously carried on a roll call vote.
2.A. REPORT ON POSTING OF THE AGENDA:
ACTION: Receive and file Report on the Posti of the December 17,
2008, City Council Agenda. Approved as part of th Consent Calendar.
2.B. APPROVAL OF MINUTES:
ACTION: Approve the City Council Minutes of December , 2008, and
December 10, 2008. Approved as part of the Consent lender,
noting the abstention of Mayor Pougnet on the Minutes of December
10, 2008.
63
City Council Minutes / 10y
January 21, 2009
Page 7
2.N. REQUEST PROPOSALS FOR CIVIL ENGINEERING DESIGN
SERVICES FOR RAMON ROAD WIDENING PROJECT, SAN LUIS
REY DRIVE TO LAND A LEVARD, CP 08-25:
ACTION: 1) Approve release o equest for Proposals No. 10-09,
Professional Civil Engineering Design s for the Ramon Road
Widening Project, San Luis Rey Drive to Landau SouLevard, City Project
No. 08-25. Approved as part of the Consent Calendar.
EXCLUDED CONSENT CALENDAR:
2A APPROVAL OF SOUTHWEST REAL ESTATE HOLDINGS, LLC. TENTATIVE
TRACT MAP 28308 TO SUBDIVIDE A PORTION OF A 3.2 ACRE PARCEL AT
SUNNY DUNES ROAD AND SUNRISE WAY INTO SEVEN RESIDENTIAL
LOTS:
The City Council discussed and/or commented on the Conditions of Approval.
ACTION: Adopt Resolution No. 22423, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING
TENTATIVE TRACT MAP 28308; SECTION 23, TOWNSHIP 4, RANGE 4,"
amending the Conditions of Approval to delete the reference to the commercial
lot and replace with reference to the remainder lot, and incorporate Conditions
PLN 8. PLN 11. and PLN 12 into the Condition regarding Final Design for the
Remainder Lot. Motion Mayor Pro Tem Mills, seconded by Mayor Pougnet
and unanimously carried on a roll call vote.
2.H. AMENDMENT NO. 4 TO AGREEMENT NO. A5488 WITH ALLEN F. SMOOT &
ASSOCIATES EXTENDING THE ASSIGNMENT OF THE OWNER'
REPRESENTATIVE ON THE IMPROVEIMODIFY/REHAB TER L
COMPLEX PROJECT, CP 07.09, AIP 3-06-0181-44, FOR TWO M SAND
ADDING AN HOURLY ALLOCATION FOR FABRIC CANOPY TALLATION:
The City Council discussed and/or commented o e following with respect to
the project: clarification on the payment ision for the canopy work, the
progress of the project, and if the proje as within budget.
ACTION: 1) Approve Anne ent No. 4 to Agreement No. A5488 with Allen F.
Smoot & Associates an additional amount of $42,852.90, subject to FAA
approval amend' the a reement to reflect the correct rovisions for the
a ment of canopy work as outlined in the staff re ort and 2) Authorize the
City ylager to execute all necessary documents. A5488. Motion
Co ilmember Weigel, seconded by Mayor Pro Tern Mills and
animously carried on a roll call vote.
64
RESOLUTION NO. 22423
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE
TRACT MAP 28308; SECTION 23, TOWNSHIP 4, RANGE
4.
WHEREAS, Southwest Real Estate Holdings, LLC. (the "Applicant') has filed a request
for a Tentative Tract Map 28308 to create seven single family residential lots on a
portion of a parcel fronting Sunny Dunes Road; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to ;onsider Case 5.1175 GPA CZ TTM 28308, was given in accordance with
applicable law; and
WHEREAS, on October 22, 2008, a public hearing on the application for Case 5.1175
GPA CZ TTM 28308 was held by the Planning Commission in accordance with
applicable law; and
WHEREAS, said public hearing was continued to a date certain of November 12, 2008
at which time the Planning Commission considered all oral and written testimony
presented and voted unanimously to recommend certification of the environmental
Negative Declaration, and to recommend approval by the City Council of Case 5.1175
GPA, CZ, TTM 28308, subject to conditions of approval, and
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case 5.1175 GPA CZ TTM 28308 was given in accordance with applicable
law; and
WHEREAS, on December 17, 2008, a public hearing on the application was held by the
City Council in accordance with applicable law; and
WHEREAS at said meeting the City Council voted 5-0-0 to deny the GPA and CZ; and
WHEREAS, at said meeting the City Council voted 5-0-0 to approve Tentative Tract
Map application 28308, subject to the attached conditions of approval, and
WHEREAS, on January 21, 2009, the City Council considered Tentative Tract Map
28308 and associated conditions of approval for a 7-lot residential subdivision of a
portion of a lot at Sunny Dunes Road and Sunrise Way, and
WHEREAS, pursuant to Government Code Section 66412.3, the City Council has
considered the effect of the proposed Subdivision, Tentative Tract Map 28308, on the
housing needs of the region in which Palm Springs is situated and has balanced these
needs against the public service needs of its residents and available fiscal and
environmental resources; and
65
Resolution No.22423
Page 2
WHEREAS, the approval of the proposed Subdivision represents the balance of these
respective needs in a manner which is most consistent with the City's obligation
pursuant to its police powers to protect the public health, safety, and welfare; and
WHEREAS, pursuant to Section 15332 of the California Environmental Quality Act
("CEQA") guidelines, the action is considered a Project and an initial study was
conducted. A Notice of Intent to adopt a Negative Declaration was prepared and
circulated for public review and comment for a period of 20 days from September 10,
2008 until September 30, 2008; and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the meetings on the project, including but not limited to the
staff report, and all written and oral testimony presented.
WHEREAS, the findings for approving a Tentative Tract Map are found within Section
66426 et seq of the State of California Subdivision Map Act and are as follows;
1. The proposed Tentative Map is consistent with applicable general
and specific plans.
The General Plan designation for the portion of the site where the seven residential lots
are proposed is VLDR which allows 2.1 to 4.0 du/acre. The proposed parcels would
conform to that density because they are all less than one quarter acre lots.
2. The design of improvement of the proposed subdivision is
consistent with the General Plan and any applicable Specific Plan.
Pursuant to Government Code Section 66473.5, staff believes that the proposed
subdivision and the provisions for Its design and improvement are compatible with the
objectives, polices, and general land uses provided in the City's General Plan because
the seven proposed lots along Sunny Dunes Way reflect the Very Low Density
designation of the General Plan. All street and other improvements are subject to the
Conditions of Approval associated with TTM 28308.
3. The site is physically suitable for the type and density of
development contemplated by the proposed subdivision.
The proposed development has all the necessary street frontages, lot depths and
dimensions required by the zones proposed or existing therein. The density as noted
above is consistent with the General Plan. The site is physically suitable for the
creation of lots that conform to the minimum size and dimensions required for the
zone(s).
66
Resolution No.22423
Page 3
4. The design of the proposed subdivision or the proposed
improvements is not likely to cause substantial environmental
damage or substantially and unavoidably injure fish or wildlife or
their habitat.
The project site is surrounded by urban development on all four sides. The site has not
been previously identified as a habitat area. The design of the proposed subdivision or
the proposed improvements will not cause environmental damage or injure fish or
wildlife or their habitat because it is an inflll lot that is not within any recognized habitat
or conservation area.
5. The design of the subdivision or type of improvements is not likely
to cause serious public health problems.
The proposed subdivision is designed to meet or exceed City Standards. The proposed
residential lots meet or exceed City Development Codes. Therefore, the project will not
cause public health problems.
6 The design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access
through or use of, property within the proposed subdivision.
There are no known public easements or existing access across the property, therefore
the design of the subdivision will not conflict with easements for access through or use
of the subject property. There would be direct access to all lots proposed from a public
street.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: The project has been reviewed under the provisions of the California
Environmental Quality Act (CEQA), and a determination has been made
that the project impacts would be less than significant and therefore the
City Council adopts the Negative Declaration for TTM 28308.
Section 2: The request for Tentative Tract Map 28308 to subdivide a portion of the
3.7 acre parcel fronting Sunny Dunes Road into 7 residential lots is hereby
approved, subject to attached conditions of approval.
ADOPTED, this 21st day of January, 2,--
David H. Reasiyti-G1 nager
ATTEST:
mes Thompson, City Clerk
67
Resolution No.22423
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. 22423 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 215t day of January, 2009,
by the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember
Weigel, Mayor Pro Tem Mills, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Yof
Thompson, City Clerk or/2aj2oog
Palm Springs, Califomia
68
Resolution No.22423
Page 5
EXHIBIT A
CONDITIONS OF APPROVAL
CASE TTM 28308
NORTHWEST CORNER SUNNY DUNES ROAD AND SOUTH SUNRISE WAY
APN# 508-231-005 and 508-240-010
ZONE R-1-C/RMHP, SECTION 23,
January 21, 2009 (revised by CC)
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning, 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.
PROJECT SPECIFIC CONDITIONS
Administrative
ADM 1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any
other City Codes, ordinances and resolutions which supplement the zoning
district regulations.
ADM 2. The owner shall defend, indemnify, and hold harmless the City of Palm
Springs, its agents, officers, and employees from any claim, action, or
proceeding against the City of Palm Springs or its agents, officers or
employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case TTM 28308. The City of Palm Springs will
promptly notify the applicant of any such claim, action, or proceeding
against the City of Palm Springs and the applicant will either undertake
defense of the matter and pay the City's associated legal costs or will
advance funds to pay for defense of the matter by the City Attorney. If the
City of Palm Springs fails to promptly notify the applicant of any such claim,
action or proceeding or fails to cooperate fully in the defense, the applicant
shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains
the right to settle or abandon the matter without the applicant's consent but
should it do so, the City shall waive the indemnification herein, except, the
69
Resolution No. 22423
Page 6
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 3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation
sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs,
walls, and fences between the curb and property line, including sidewalk or
bikeway easement areas that extend onto private property, in a first class
condition, free from waste and debris, and in accordance with all applicable
law, rules, ordinances and regulations of all federal, state, and local bodies
and agencies having jurisdiction at the property owner's sole expense. This
condition shall be included In the recorded covenant agreement for the
property if required by the City.
ADM 4. 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 '/z% 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 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with
Government Code Section 66477 (Quimby Act), all residential development
shall be required to contribute to mitigate park and recreation impacts such
that, prior to issuance of residential building permits, a parkland fee or
dedication shall be made. Accordingly, all residential development shall be
subject to parkland dedication requirements and/or park improvement fees.
The parkland mitigation amount shall be based upon the cost to acquire
and fully improve parkland.
ADM 6. The final development plans shall show seven (7) residential lots and one
remainder lot.
ADM 7. Perimeter walls shall be designed, installed and maintained in accordance
with the comer cutback requirements as required in Section 93.92.00D. At
the time of development of structures on the individual lots, a six foot
decorative block wall shall be required to separate the individual
residential lots, commercial lot and the mobile home park, and between
the commercial lot and the residential lots.
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Resolution No. 22423
Page 7
ADM 8. This project is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF).
The LDMF shall be paid at or before Certificate of Occupancy or Final
Inspection.
CC&R's
ADM 9. The applicant prior to issuance of building permits shall submit a draft
declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning and Zoning for approval in a form to be approved by
the City Attorney, to be recorded prior to approval of a final map. The
CC&R's shall be enforceable by the City, shall not be amended without
City approval, shall require maintenance of all property in a good condition
and in accordance with all ordinances.
ADM 10. At the time of filing of the CC&R's, the applicant shall submit to the City of
Palm Springs, a deposit in the amount of $3500, for the review of the
CC&R's by the City Attorney. An additional filing fee shall also be paid to
the City Planning Department for administrative review purposes.
Cultural Resources
ADM 11. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interior's
Standards and Guidelines, shall be employed to survey the area for the
presence of cultural resources identifiable on the ground surface.
ADM 12. Given that portions of the project area are within an alluvial formation, the
possibility of buried resources is increased. A Native American Monitor
shall be present during all ground-disturbing activities.
a. Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s)
shall be present during all ground disturbing activities including clearing
and grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Ague Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning and Zoning and after the
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to investigate and, if
necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente
Cultural Resource Coordinator for approval.
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Resolution No. 22423
Page 8
b. Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record
search results and site recordstupdates shall be forwarded to the Tribal
Planning, Building, and Engineering Department and one copy to the City
Planning and Zoning Department prior to final inspection.
PLANNING CONDITIONS
Final Design - Remainder Lot
PLN 1. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning and Zoning prior to
issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal.
PLN 2. An exterior lighting plan in accordance with Zoning Ordinance Section
93.21.00, Outdoor Lighting Standards, shall be submitted for review and
approval by the Director of Planning &Zoning prior to the issuance of building
permits. Manufacturer's cut sheets of all exterior lighting on the building and in
the landscaping shall be submitted for approval prior to issuance of a building
permit. If lights are proposed to be mounted on buildings, down-lights shall be
utilized.
Final Design - Residential Lots
PLN 3. Architectural approval is not required for the single family lots.
PLN 4. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of
Title 25 of the California Administrative Code. Compliance shall be
demonstrated to the satisfaction of the Director of Building and Safety.
PLN 5. The design, height and texture and color of the buildings, fences and walls
shall be submitted for review and approval prior to issuance of building
permits. A six foot decorative block wall shall be constructed along the
property line with the mobile home park and between the residential units.
Walls separating the project site from the mobile home park along the entire
north property line shall be constructed at the time of the construction of the
subdivision improvements. Individual side property line walls may be
constructed with individual buildings.
PLN 6. The street address numbering/lettering shall not exceed eight inches in
height.
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Resolution No. 22423
Page 9
GENERAL CONDITIONS/CODE REQUIREMENTS
PLN 7. Tentative Tract Maps shall be valid for a period of two (2) years. Extensions
of time may be granted by the Planning Commission upon demonstration of
good cause.
PLN 8. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning for review and approval prior
to the issuance of a building permit (for Final Design review for future non-
residential projects on the remainder lot). Refer to Chapter 8.60 of the
Municipal Code for specific requirements.
PLN 9. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control
Plan shall be submitted and approved by the Building Official. Refer to
Chapter 8.50 of the Municipal Code for specific requirements.
PLN 10. The grading plan shall show the disposition of all cut and fill materials. Limits
of site disturbance shall be shown and all disturbed areas shall be fully
restored or landscaped.
PLN 11. Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the
Planning Commission prior to issuance of building permits (for Final Design
review on possible future non-residential projects on the remainder lot).
PLN 12. Prior to the issuance of building permits, locations of all telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the interior of the building. Electrical
transformers must be located toward the interior of the project maintaining a
sufficient distance from the frontage(s) of the project. Said transformer(s)
must be adequately and decoratively screened. (for Final Design review on
possible future non-residential projects on the remainder lot).
ENGINEERING
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
ENG 1. Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
73
Resolution No. 22423
Page 10
ENG 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.
SUNNY DUNES ROAD
ENG 3. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm $prings Standard Drawing No. 210.
ENG 4. All broken or off grade street improvements shall be repaired or replaced to
the satisfaction of the City Engineer.
CALLE AMIGOS
ENG 5. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
ENG 6. All broken or off grade street improvements shall be repaired or replaced to
the satisfaction of the City Engineer.
SANITARY SEWER
ENG 7. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
GRADING
ENG 8. 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 has completed the
required training. For information on attending a Fugitive Dust Control Class
and information on the Coachella Valley Fugitive Dust Control Handbook and
related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752,
or at htto://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance
with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted
74
E-
Resolution No. 22423
Page 11
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 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 or site plan, a copy of current Title Report; and a copy of Soils
Report.
ENG 9. 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 or the Tribal Archaeologist at
(760) 699-6800, to determine their requirements, if any, associated with
grading or other construction. The applicant is advised to contact the Tribal
Historic Preservation Officer or Tribal Archaeologist as early as possible. If
required, it is the responsibility of the applicant to coordinate scheduling of
Tribal monitors during grading or other construction, and to arrange payment
of any required fees associated with Tribal monitoring.
ENG 10, In accordance with an approved PM-10 Dust Control Plan, perimeter fencing
shall be installed. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after
issuance of Grading Permit, and immediately prior to commencement of
grading operations.
ENG 11. Perimeter fence screening shall be appropriately maintained, as required by
the City Engineer. Cuts (vents) made into the perimeter fence screening shall
not be allowed. Perimeter fencing shall be adequately anchored into the
ground to resist wind loading.
ENG 12. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas
on-site shall be permanently stabilized, in accordance with Palm Springs
Municipal Code Section 8.50.022. Following stabilization of all disturbed
areas, perimeter fencing shall be removed, as required by the City Engineer.
ENG 13. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or gutters.
ENG 14. A Notice of Intent to Comply with Statewide General Construction Storrnwater
Permit (Water Quality Order 99-08-DWQ as modified December 2, 2002) is
required for the proposed development via the California Regional Water
75
Resolution No. 22423 t 1
Page 12
Quality Control Board (Phone No. 760-346-7491). A copy of the executed
letter issuing a Waste Discharge Identification number shall be provided to
the City Engineer prior to issuance of a grading permit.
ENG 15. 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.
ENG 16. 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.
ENG 17. The applicant shall provide all necessary geotechnical/soils inspections and
testing in accordance with the Geotechnical/Soils Report prepared for the
project. All backfill, compaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
Geotechnical/Soils Report prepared for the project. Documentation of all
compaction and other soils testing are to be provided. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 18. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the
export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an approved
"Notification of Intent To Move Soil From or Within Quarantined Areas of
Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to
approval of the Grading Plan (if required). The California Department of Food
and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert
(Phone: 760-776-8208).
DRAINAGE
ENG 19. This project will 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, will be required by regulations imposed by the RWQCB. It shall be the
applicant's responsibility to design and install appropriate BMP's, in
76
Resolution No. 22423
Page 13
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. Such measures shall be designed and installed on-site; and
provisions for perpetual maintenance of the measures shall be provided to the
satisfaction of the City Engineer, including provisions in Covenants,
Conditions, and Restrictions (CC&R's) required for the development(if any).
ENG 20. 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
ENG 21. 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 condition of the existing off-site streets shall be
returned to a condition equal to or better than existed prior to construction of
the proposed development.
ENG 22. On phases or elements of construction following initial site grading (e.g.,
sewer, storm drain, or other utility work requiring trenching) associated with
this project, the applicant shall be responsible for coordinating the scheduled
construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic
Preservation Officer or Tribal Archaeologist. Unless the project site has
previously been waived from any requirements for Tribal monitoring, it is the
applicant's responsibility to notify the Tribal Historic Preservation Officer or
the Tribal Archaeologist at (760) 699-6800, for any subsequent phases or
elements of construction that might require Tribal monitoring. If required, it is
the responsibility of the applicant to coordinate scheduling of Tribal monitors
during construction, and to arrange payment of any required fees associated
with Tribal monitoring. Tribal monitoring requirements may extend to off-site
construction performed by utility companies on behalf of the applicant (e.g.
77
Resolution No.22423
Page 14
utility line extensions in off-site streets), which shall be the responsibility of the
applicant to coordinate and arrange payment of any required fees for the
utility companies.
ENG 23. All proposed utility lines shall be installed underground.
ENG 24. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television
cable service, and similar service wires or lines, which are on-site, abutting,
and/or transecting, shall be installed underground unless specific restrictions
are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing
overhead utilities across the property meet the requirement to be installed
underground. Utility undergrounding shall extend to the nearest off-site power
pole; no new power poles shall be installed unless otherwise approved by the
City Engineer. A letter from the owners of the affected utilities shall be
submitted to the Engineering Division prior to approval of a grading plan,
informing the City that they have been notified of the City's utility
undergrounding requirement and their intent to commence design of utility
undergrounding plans. When available, the utility undergrounding plan shall
be submitted to the Engineering Division identifying all above ground facilities
in the area of the project to be undergrounded. Undergrounding of existing
overhead utility lines shall be completed prior to issuance of a certificate of
occupancy.
ENG 25. 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.
ENG 26. 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.
ENG 27. 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.
78
Resolution No. 22423
Page 15
ENG 28, Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to
maintain an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00, D.
ENG 29, All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No. 904.
MAP
ENG 30. A Final Map shall be prepared b a Califomia registered Land Surveyor or
p Y 9 Y
qualified Civil Engineer and submitted to the Engineering Division for review
and approval. A Title Report prepared for subdivision guarantee for the
subject property, the traverse closures for the existing parcel and all lots
created therefrom, and copies of record documents shall be submitted with
the Final Map to the Engineering Division as part of the review of the Map.
The Final Map shall be approved by the City Council prior to issuance of
building permits.
ENG 31. 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 (e00), 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
ENG 32. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks or pedestrian paths of travel within the
development.
ENG 33. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, and striping associated with the proposed development shall
be replaced as required by the City Engineer prior to issuance of a Certificate
of Occupancy.
79
Resolution No.22423
Page 16
ENG 34. Construction signing, lighting and barricading shall be provided for on all
projects as required by City Standards or as directed by the City Engineer. As
a minimum, all construction signing, lighting and barricading shall be in
accordance with State of California, Department of Transportation, "Manual of
Traffic Controls for Construction and Maintenance Work Zones" dated 2006,
or subsequent additions in force at the time of construction.
ENG 35. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
END OF CONDITIONS
30
DOC # 2012-0139308
03/27/2012 08:21A Fee:NC
p r CF I V - Page 1 of 32
�•� Cr: o;.L[ �)i' :!p'�� Recorded in Official Records
County of Riverside
RECORDING REQUESTED BY: 25 Larry u. Uard
CRY OF PALM SPRINGS 2012 AN -9 Assessor, County
Clerk d Recorder
AND WHEN RECORDED MAUL 7T): Ci C L E.t ; t, I IIII II III IIII IIIII III IIII IIII III IIIN IIII III
City of Palm Springs
P. O. Box 2743 S 1 R U I PAGE I SIZE I DA MISC I LONGI RFD I COPY
Palm Springs, CA 92263 11 1 z2
M A L 465 426 PCOR NCOR SMFHUNII
EXAM
Attn: Office of the City Clerk
T: CTYD
Filing lee EXEMPT per Gownmem Cade 6103 -�
A6192
SUBDIVISION IMPROVEMENT AGREEMENT 0
soy
Dos Palmas Development, LLC
and
The City of Palm Springs, California
THIS AREA FQR
RECORDER' S
USE ONLY
THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION
($3.00 Additional Recording Fee Applies)
81
TABLE OF CONTENTS
1. Construction Obligations......................................................................................1
1.1 Works of Improvement...............................................................................1
1.2 Other Obligations Referenced in Conditions of
TentativeMap Approval .............................................................................1
1.3 Intent of Plans............................................................................................2
1.4 Survey Monuments....................................................................................2
1.5 Performance of Work.................................................................................2
1.6 Changes in the Work..................................................................................2
1.7 Defective Work...........................................................................................3
1.8 No Warranty by City...................................................................................3
1.9 Authority of the City Engineer.....................................................................3
1.10 Documents Available at the Site................................................................3
1.11 Inspection...................................................................................................3
1.12 Compliance with Law.................................................................................3
1.13 Suspension of Work...................................................................................4
1.14 Final Acceptance of Works of Improvement...............................................4
2. Time for Performance...........................................................................................4
2.1 Commencement and Completion Dates ....................................................4
2.2 Phasing Requirements...............................................................................4
2.3 Force Majeure............................................................................................5
2.4 Continuous Work........................................................................................5
2.5 Reversion to Acreage.................................................................................5
2.6 Time of the Essence ..................................................................................5
3. Labor.....................................................................................................................5
3.1 Labor Standards.........................................................................................6
3.2 Nondiscrimination.......................................................................................6
3.3 Licensed Contractors.................................................................................6
3.4 Workers' Compensation.............................................................................6
4. Security......................................................................................... ....6
....................
4.1 Required Security.......................................................................................6
4.2 Fonn of Security Instruments.....................................................................7
4.3 Subdivider's Liability...................................................................................8
4.4 Letters of Credit..........................................................................................8
4.5 Release of Security Instruments ................................................................9
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s
5. Cost of Construction and Provision of Inspection
Service..................................................................................................................9
5.1 Subdivider Responsible for All Related Costs of
Construction...............................................................................................9
5.2 Payment to City for Cost of Related Inspection
and Engineering Services ..........................................................................9
6. Acceptance of Offers of Dedication.....................................................................10
7. Warranty of Work................................................................................................10
8. Default............................. ..................................................................................10
8.1 Remedies Not Exclusive ..........................................................................10
8.2 City Right to Perform Work.......................................................................10
8.3 Attorney's Fees and Costs.......................................................................10
9. Indemnity............................................ .... .........................................................11
10 General Provisions..............................................................................................11
10.1 Successors and Assigns..........................................................................11
10.2 No Third Party Beneficiaries.....................................................................11
10.3 Entire Agreement;Waivers and Amendments.........................................11
11. Corporate Authority.............................................................................................12
2fIrI I'
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281381 �IR
SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVtPION IMPROVEMENT AGREEMENT (this "Agreement") is
entered into this W3 day of Kftft. 07 , 201-1; by and between the
CITY OF PALM SPRINGS, a California char! r city ("CITY"), and DOS PALMAS
DEVELOPMENT, LLC, A California Limited Liability Company(Subdivider").
RECITALS
A. Subdivider is the owner of, and has obtained approval of a subdivision
map for Tract Map No. 28308 located in the City of Palm Springs, County of Riverside,
State of California (the "Property"), as described on Exhibit "A". The map contains
conditions of approval for the development of the Property (the "Conditions") as
described on Exhibit"B"
B. Subdivider has delivered to City and City has approved plans and
specifications and related documents for certain "Works of Improvement' (as hereinafter
defined)which are required to be constructed and installed in order to accommodate the
development of the Property.
C. Subdivider's agreement to construct and install the Works of Improvement
pursuant to this Agreement are a material consideration to City in approving the final
map for the Property and permitting development of the Property to proceed.
COVENANTS
Based upon the foregoing Recitals which are incorporated herein by reference
and in consideration of City's approving the Map for the Property and permitting
development of the Property to proceed, Subdivider agrees to timely perform all of its
obligations as set forth herein.
1. Construction Obligations.
1.1 Works of Im rovement. Subdivider agrees, at its sole cost and expense, to
construct or install or cause to be constructed or installed the street, drainage, domestic
water, sanitary sewer and other improvements (herein sometimes collectively referred
to as the "Works of Improvement"), as the same may be supplemented and revised
from time to time as set forth herein (said plans and specifications, together with all
related documents, are referred to herein as the "Plans"). The estimated construction
cost for the Works of Improvement is$29,500.00.
1.2 Other Obligations Referenced in Conditions of Tentative Mar) Approval. In
addition to the foregoing, Subdivider shall satisfy all of the conditions of approval on the
Tentative Map for the Property. The conditions of approval associated with the Tentative
Map are included as Exhibit"B"attached hereto.
1
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84
1.3 Intent of Plans. The intent of the Plans referenced in Section 1.1 is to
prescribe a complete work of improvement which Subdivider shall perform or cause to
be performed in a manner acceptable to the City Engineer (or his/her designee) and in
full compliance with all codes and the terms of this Agreement. Subdivider shall
complete a functional or operable improvement or facility, even though the Plans may
not specifically call out all items of work required for the contractor to complete its tasks,
incidental appurtenances, materials, and the like. If any omissions are made or
information necessary to carry out the full intent and meaning of the Plans, Subdivider
or its contractor shall immediately notify fts design engineer who will seek approval of
the City Engineer for furnishing of detailed instructions. In the event of any doubt or
question arising regarding the true meaning of any of the Plans, reference shall be
made to the City Engineer whose decision thereon shall be final.
Subdivider recognizes that the Plans consist of general drawings. All authorized
alterations affecting the requirements and information given on the Plans shall be in
writing and approved by the City Engineer. The Plans shall be supplemented by such
working or shop drawings as are necessary to adequately control the work. Without the
City Engineer's prior written approval, no change shall be made by Subdivider or
Subdivider's contractor to any plan, specification, or working or shop drawing after it has
been stamped as approved.
1.4 Survey Monuments. Before final approval of street improvements,
Subdivider will place survey monument(s) as shown on the Map in accordance with the
provisions of the State Subdivision Map Act and the Subdivision Ordinance of the City
of Palm Springs. Subdivider shall provide security for such obligation as provided in
Section 4.1(a)(iii) and, after setting the monument(s), Subdivider shall furnish the City
Engineer of the City of Palm Springs written notice of the setting of said monuments)
and written proof of having paid the engineer or surveyor for the setting of said
monument(s).
1.5 Performance of Work. Subdivider shall furnish or cause to be furnished all
materials, labor, tools, equipment, utilities, transportation, and incidentals required to
perform Subdivider's obligations under this Agreement.
1.6 Chances in the Work. The City Engineer, without invalidating this
Agreement and without notification to any of the sureties or financial institutions
referenced in Paragraph 4, may order extra work or may make changes by altering or
deleting any portion of the Works of Improvement as specified herein or as deemed
necessary or desirable by the City Engineer as determined necessary to accomplish the
purposes of this Agreement and to protect the public health, safety, or welfare. The City
Engineer shall notify Subdivider or Subdivider's contractor in writing (by Correction
Notice) at the time a determination has been made to require changes in the work. No
field changes performed or proposed by Subdivider or its contractor shall be binding on
City unless approved in writing by the City Engineer.
2
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1.7 Defective Work. Subdivider shall cause its contractor to repair, reconstruct,
replace, or otherwise make acceptable any work found by the City Engineer to be
defective.
1.8 No Warranty by City. The Plans for the Works of Improvement have been
prepared by or on behalf of Subdivider or its consultants or contractors, and City makes
no representation or warranty, express or implied, to Subdivider or to any other person
regarding the adequacy of the Plans or related documents.
1.9 Authority of the City Engineer. In addition to the authority granted to the
City Engineer elsewhere in this Agreement, the City Engineer shall have the authority to
decide all questions which may arise as to the quality and acceptability of materials
fumished and work performed, and all questions as to the satisfactory and acceptable
fulfillment of the terms of this Agreement by Subdivider and Subdivider's contractor.
1.10 Documents Available at the Site. Subdivider shall cause its contractor to
keep a copy of all approved Plans at the job site and shall give access,thereto to the
City's inspectors and engineers at all times.
1.11 Inspection. Subdivider shall have an authorized representative on the job
site at all times during which work is being done who has full authority to act for
Subdivider, or its design engineer, and Subdivider's contractors) regarding the Works
of Improvement. Subdivider shall cause its contractor to furnish the City with every
reasonable facility for ascertaining whether or not the Works of Improvement as
performed are in accordance with the requirements and intent of this Agreement,
including the Plans. If the City inspector requests it, the contractor at any time before
acceptance of the Works of Improvement shall remove or uncover such portions of the
finished work as may be directed which have not previously been inspected. After
examination, the contractor shall restore said portions of the work to the standards
required hereunder. Inspection or supervision by the City shall not be considered as
direct control of the individual workmen on the job site. City's inspector shall have the
authority to stop any and all work not in accordance with the requirements contained or
referenced in this Agreement.
The inspection of the work by City shall not relieve Subdivider or the contractor of
any obligations to fulfill this Agreement as herein provided, and unsuitable materials or
work may be rejected notwithstanding that such materials or work may have been
previously overlooked or accepted.
1.12 Compliance With Law. In addition to the express provisions of this
Agreement and the Plans, Subdivider shall cause construction of the Works of
Improvement to be completed in accordance with all other applicable federal, state, and
local laws, ordinances, rules and regulations.
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1.13 Suspension of Work. City Engineer shall have authority to order
suspension of the work for failure of the contractor to comply with law pursuant to
Section 1.11. In case of suspension of work for any cause whatever, Subdivider and its
contractor shall be responsible for all materials and shall store them properly if
necessary and shall provide suitable drainage and erect temporary structures where
necessary.
1.14 Final Acceptance of Works of Improvement. After Subdivider's contractor
has completed all of the Works of Improvement, Subdivider shall then request a final
inspection of the work. If items are found by the inspector to be incomplete or not in
compliance with this Agreement or any of the requirements contained or referenced
herein, City will inform the contractor of such items. After the contractor has completed
these items, the procedure shall then be the same as specified above for the
contractor's initial request for final inspection. If items are found by Citys inspector to be
incomplete or not in compliance after two (2) "final" inspections, City may require the
contractor, as a condition to performing further field inspections, to submit in writing a
detailed statement of the work performed subsequent to the date of the previous
inspection which was found to be incomplete or not in compliance at that time.
No inspection or acceptance pertaining to speck parts of the Works of
Improvement shall be construed as final acceptance of any part until the overall final
acceptance by City is made. Final acceptance shall not constitute a waiver by City of
defective work subsequently discovered.
The date on which the Works of Improvement will be considered as complete
shall be the date of the Notice of Acceptance.
2. Time for Performance.
2.1 Commencement and Completion Dates. Subject to Section 2.2 and 2.3
below, Subdivider shall (i) commence with construction and installation of the Works of
Improvement thirty (30) days following City's approval of the Plans ("Commencement
Date"); and (Ii) complete or cause to be completed all of the Works of Improvement two
2 ears after the Commencement Date. Extensions of time for completion of the
Works of Improvement may be granted upon approval by the City Engineer or his
designee. Extension of time may be granted upon mutual agreement of the City
Engineer and Subdivider, either verbally or in writing, as required by the City Engineer
or his designee.
2.2 Phasing Requirements. Notwithstanding the provisions of Section 2.1, City
reserves the right to control and regulate the phasing of completion of specific Works of
Improvement as required to comply with applicable City ordinances, regulations, and
rules relating to the timely provision of public services and facilities. In addition to
whatever other remedies City may have for Subdivider's failure to satisfy such phasing
requirements, as the same now exist or may be amended from time to time, Subdivider
4
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acknowledges City's right to withhold the issuance of further building permits on the CO
Property until such phasing requirements are satisfied. Prior to issuance of building
permits, Subdivider shall provide satisfactory evidence that all applicable requirements
that are a condition to issuance of building permits have been satisfied. Such
requirements may include the payment of fees, construction of improvements, or both.
Final inspections or issuance of Certificates of Occupancy may be withheld from the
Subdivider by the City, if. upon a determination by the City Engineer or his designee,
completion of specific Works of Improvements or other requirements associated with
the development of the Property have not been completed to his satisfaction.
2.3 Force Maieurs. Notwithstanding the provisions of Section 2.1, Subdivider's
time for commencement and completion of the Works of Improvement shall be
extended for the period of any enforced delay caused due to circumstances beyond the
control and without the fault of Subdivider, including to the extent applicable adverse
weather conditions, flood, earthquakes, strikers, lockouts, acts or failures to act of a
public agency(Including City), required changes to the scope of work required by City,
and similar causes; provided, however,that the period of any enforced delay hereunder
shall not include any period longer than five (5)days prior to Citys receipt of a written
notice from Subdivider or its Contractor detailing the grounds for Subdivider's claim to a
right to extend its time for performance hereunder. City Engineer shall evaluate all
claims to Force Majeure and his decision shall be final.
2.4 Continuous Work. After commencement of construction of the Works of
Improvement (or separate portion thereof), Subdivider shall cause such work to be
diligently pursued to completion, and shall not abandon the work for a consecutive
period or more than thirty(30)days,events of Force Majeure excepted.
2.5 Reversion to Acreage. In addition to whatever other rights City may have
due to Subdividers failure to timely perform its obligations hereunder. Subdivider
recognizes that City reserves the right to revert the Property to acreage subject to the
limitations and requirements set forth in California Government code Sections
66499.11-66499.20-314. In this regard, Subdivider agrees that if the Works of
Improvement have not been completed on or before the later of two (2)years from the
date of this Agreement or within the time allowed herein, whichever is the later, and if
City thereafter Initiates proceedings to revert the Property to acreage, pursuant to
Government Code Section 66499.16 Subdivider hereby consents to reversion and
agrees that any Improvements made by or on behalf of Subdivider shall not be
considered in determining City's authority to revert the Property to acreage.
2.6 Time of the Essence. Time is of the essence of Subdividers performance
of all of its obligations under this Agreement,
3. Labor.
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3.1 Labor Standards. Subdivider shall be responsible for causing all
contractors and subcontractors performing any of the Works of Improvement to comply
with all applicable federal and state labor standards, including to the extent applicable
the prevailing wage requirements promulgated by the Director of Industrial Relations of
the State of California Department of Labor.
3.2 Nondiscrimination. Subdivider agrees that no contractor or subcontractor
performing any of the Works of Improvement shall discriminate against any employee or
prospective employee with respect to such work in hiring, promotion, seniority, or any
other terms and conditions of employment on the grounds of race, creed, color, national
origin, ancestry, religion, sex, or marital status.
3.3 Licensed Contractors. Subdivider shall cause all of the Works of
Improvement to be constructed by contractors and subcontractors with valid California
Contractors' licenses for the type of work being performed.
3.4 Worker's Compensation. Subdivider shall cause every contractor and
subcontractor performing any of the Works of Improvement to carry Workers'
Compensation Insurance as required by the Labor Code of the State of California and
shall cause each such contractor and subcontractor to submit to City a Certificate of
Insurance verifying such coverage prior to such contractor or subcontractor entering
onto the job site.
4. Seth
4.1 Required Security.
(a) At the time Subdivider executes this Agreement, Subdivider shall furnish to
City the following bonds, letters of credit, instruments of credit (assignment of deposit
account) or other security acceptable to City in its sole and absolute discretion and
satisfying the requirements of the applicable provisions of this Section 4 below
(hereinafter"Security Instruments"):
(i) A Security Instrument securing Subdivider's faithful performance of all of the
Works of Improvement ("Faithful Performance Security Instrument"), in the amount of
$29 000.00 equal to 100% of the estimated construction cost referenced in Section 1.1.
(ii) A Security Instrument guaranteeing the payment to contractors,
subcontractors, and other persons furnishing labor, materials, and/or equipment ("Labor
and Materials Security Instrument") with respect to the Works of Improvement in an
amount equal to $14. 550.00 equal to 50% of the estimated construction cost referenced
in Section 1.1.
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(iii) A Security Instrument guaranteeing the payment of the cost of setting
monuments as required in Section 1.4 in the amount of $4,500.00 equal to 100% of the
cost thereof.
This Agreement shall not be effective for any purpose until such Security
Instruments are supplied to and approved by City in accordance herewith.
(b) Required Security Instrument for Maintenance and Warranty. Prior to the
City Council's acceptance of the Works of Improvement and recordation of a Notice of
Completion, Subdivider shall deliver a Security Instrument warranting the worts accepted
for a period of one (1) year following said acceptance ("Maintenance and Warranty
Security Instrument"), in the amount of $4.4 55.00 equal to 15% of the estimated
construction cost set forth in Section 1.1 or a suitable amount determined by the City
Engineer.
4.2 Form of Security Instruments. All Security Instruments shall be in the
amounts required under Section 4.1 (a) or 4.1(b), as applicable, shall meet the following
minimum requirements and otherwise shall be in a form provided by City or otherwise
approved by the City Attorney:
(a) Bonds. For Security Instruments provided in the form of bonds, any such
band must be issued and executed by an insurance company or bank authorized to
transact surety business in the State of California. Any insurance company acting as
surety shall have a minimum rating of A-IX, as rated by the current edition of Best's Key
Rating Guide published by A.M. Best's Company, Oldwick, New Jersey, 08858. Any
bank acting as surety shall have a minimum rating of AA, as rated by Moody's or
Standard & Poor's.
(b) Letters of Credit. For Security Instruments which are letters of credit, any
letter of credit shall be an original separate unconditional, irrevocable, negotiable and
transferable commercial letter of credit issued by a financial institution with offices in the
State of California acceptable to City. Any such letter of credit shall specifically permit
City to draw on same by unilateral certification of the City Engineer of the City that
Subdivider is in default under its payment or performance obligations hereunder or in
the event Subdivider fails to deliver a replacement letter of credit not less than thirty(30)
days prior to the date of expiration of any such letter of credit and shall further be
subject to the provisions of Section 4.4.
(c) Instrument of Credit. For Security Instruments which are Instruments of
Credit, any Instrument of Credit shall be an assignment of deposit account assigning as
security to City all of Subdivider's interest in funds on deposit in one or more bank
accounts with financial institutions acceptable to City.
(d) General Requirements for all Security Instruments.
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t ,
(i) Payments under any Security Instruments shall be required to be made (and,
with respect to bonds, litigation shall be required to be instituted and maintained) in the
City of Palm Springs, State of California (and the Security Instrument shall so provide).
(ii) Each Security Instrument shall have a minimum term of one (1) year after
the deadline for Subdivider's completing the Works of Improvement, in accordance with
Section 2.1 (other than Instruments of Credit, which shall have no defined term or
expiration date).
(iii) Each Security Instrument shall provide that changes may be made in the
Works of Improvement pursuant to the terms of this Agreement without notice to any
issuer or surety and without affecting the obligations under such Security Instrument.
4.3 Subdivider's Liability. While no action of Subdivider shall be required in
order for City to realize on its security under any Security Instrument, Subdivider agrees
to cooperate with City to facilitate City's realization under any Security Instrument, and
to take no action to prevent City from such realization of any Security Instrument.
Notwithstanding the giving of any Security Instrument or the subsequent expiration of
any Security Instrument or any failure by any surety or financial institution to perform its
obligations with respect thereto, Subdivider shall be personally liable for performance
under this Agreement and for payment of the cost of the labor and materials for the
improvements required to be constructed or installed hereby and shall, within ten (10)
days after written demand therefor, deliver to City such substitute security as City shall
require satisfying the requirements in this Section 4.
4.4 Letters of Credit.
(a) In the event a letter of credit is given pursuant to Section 4.2(b), City shall be
entitled to draw on any such letter of credit if a replacement letter of credit (expiring in
not less than one (1) year, unless City agrees to a lesser term in City's sole and
absolute discretion) is not delivered not less than thirty (30) days prior to the expiration
of the original letter of credit, such substitute letter of credit being in the same amount
and having the terms and conditions as the initial letter of credit delivered hereunder,
issued by a financial institution acceptable to City as of the date of delivery of the
replacement letter of credit.
(b) In the event of draw by the City on a letter of credit, the City may elect, in its
sole and absolute discretion, to apply any such funds drawn to the obligations secured
by such letter of credit or to hold such funds in an account under the control of the City,
with no interest accruing thereon for the benefit of the Subdivider. If the City elects to
hold the funds in an account pursuant to the foregoing, City may thereafter at any time
elect instead to apply such funds as provided in the foregoing. Subdivider agrees and
hereby grants City a security interest in such account to the extent required for City to
realize on its interests therein and agrees to execute and deliver to City any other
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documents requested by City in order to evidence the creation and perfection of City's
security Interest in such account.
4.5 Release of Security Instruments.
(a) City shall release the Faithful Performance Security Instrument and Labor
and Materials Security Instrument when all of the following have occurred:
(i) Subdivider has made written request for release and provided evidence of
satisfaction of all other requirements in this Section 4.5;
(ii) the Works of Improvement have been accepted;
(III) Subdivider has delivered the Maintenance and Warranty Security Instrument;
and
(iv) subject to the following sentences after passage of the time within which lien
claims are required to be made pursuant to Article 3 (commencing with Section 3114)of
Chapter 2 of Title 15 of Part IV of Division 3 of the California Civil Code. If lien claims
have been timely filed, City shall hold the Labor and Materials Security Instrument until
such claims have been resolved, Subdivider has provided a statutory bond, or otherwise
as required by applicable law.
(b) City shall release the Maintenance and Warranty Security Instrument upon
Subdivider's written request upon the expiration of the warranty period, provided no
claims are outstanding at that time regarding defective work.
5. Cost of Construction and Provision of Inspection Service.
5.1 _Subdivider Responsible for All Costs of Construction. Subdivider shall be
responsible for payment of all costs incurred for construction and installation of the
Works of Improvement. In the event Subdivider is entitled to reimbursement from City
for any of the Works of Improvement, such reimbursement shall be subject to a
separate Reimbursement Agreement to be entered into between Subdivider and City
prior to constriction of the works.
5.2 Payment to City for Cost of Related Inspection and Engineering Services.
Subdivider shall compensate City for all of City's costs reasonably incurred in having its
authorized representative make the usual and customary inspections of the Works of
Improvement. In addition, Subdivider shall compensate City for all design, plan check,
evaluating any proposed or agreed-upon changes in the work. The procedures for
deposit and payment of such fees shall be as established by the City Council. In no
event shall Subdivider be entitled to additional inspections or a final inspection and
acceptance of any of the Works of Improvement until all City fees and charges have
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been fully paid, including without limitation, charges for applicable penalties and
additional required inspections.
6. Acceptance of Offers of Dedication. The City Council shall pass as
appropriate resolution or resolutions accepting all offers of dedication shown on the Map
for the Property, with acceptance to become effective upon completion and acceptance
by City of the Works of Improvement. Such resolution(s) shall authorize the City Clerk to
execute the Certificate made a part of the Map regarding said acceptance of the offer of
dedication.
7. Warranty of Work. Subdivider shall guarantee all Works of Improvement
against defective materials and workmanship for a period of one (1) year from the date
of final acceptance. If any of the Works of Improvement should fail or prove defective
within said one(1)year period due to any reason other than improper maintenance, or If
any settlement of fill or backfill occurs, or should any portion of the Works of
Improvement fail to fulfill any requirements of the Plans, Subdivider, within fifteen (15)
days after written notice of such defects, or within such shorter time as may reasonably
be determined by the City in the event of emergency, shall commence to repair or
replace the same together with any other work which may be damaged or displaced in
so doing. Should Subdivider fall to remedy defective material and/or workmanship or
make replacements or repairs within the period of time set forth above, City may make
such repairs and replacements and the actual cost of the required labor and materials
shall be chargeable to and payable by Subdivider. The warranty provided herein shall
not be in lieu of, but shall be in addition to, any warranties or other obligations otherwise
imposed by law.
8. Default.
8.1 Remedies Not Exclusive. In any case where this Agreement provides a
specific remedy to City for a default by Subdivider hereunder, such remedy shall be in
addition to, and not exclusive of, City's right to pursue any other administrative, legal, or
equitable remedy to which it may by entitled.
8.2 City Right to Perform Work. In addition to whatever other rights or
remedies it may have for Subdivider's default hereunder, in the event Subdivider shall
fail to timely perform any work required to be performed under this Agreement and such
failure shall continue for a period of twenty (20) days after receipt of written notice of
default from City, or thereafter Subdivider shall fail to diligently and continuously pursue
the cure of any such default to completion, City shall have the right to enter into the
Property and perform any of the uncompleted work by force account or contract or both
and thereupon recover from Subdivider or any Security Instrument, or both, the full cost
and expense thereby incurred by City.
8.3 Attomev's Fees and Costs. In the event that Subdivider fails to perform any
obligation under this Agreement, Subdivider agrees to pay all costs and expenses
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incurred by City in securing performance of such obligations, including costs of suit and
reasonable attorney's fees. In the event of any dispute arising out of Subdivider's
performance of its obligations under this Agreement or under any of the Security
Instruments referenced herein, the prevailing party in such action, in addition to any
other relief which may be granted, shall be entitled to recover its reasonable attorney's
fees and costs. Such attorney's fees and cost shall include fees and costs on any
appeal, and in addition a party entitled to attorney's fees and costs shall be entitled to all
other reasonable costs incurred in investigating such action, taking depositions and
discovery, retaining expert witnesses, and all other necessary and related costs with
respect to the litigation. All such fees and costs shall be deemed to have accrued on
commencement of the action and shall be enforceable whether or not the action is
prosecuted to judgment.
9. Indemnity. Subdivider agrees to indemnify, defend, and hold harmless City
and City's officers, employees, and agents from and against any and all claims,
liabilities, losses, damages, causes of action, and obligations arising out of Subdivider's
failure to perform the construction and installation of the Works of Improvement in
accordance with the requirements contained or referenced in this Agreement. Said
indemnity obligation shall apply to personal injury, death, property damage, economic
loss, and any other monetary damage or penalty to which City may be subjected,
including without limitation, attorney's fees and costs and the costs of realizing on any
Security Instrument provided by Subdivider pursuant to the terms hereof. Such
indemnity obligation shall not extend to any loss resulting from City's sole negligence or
willful misconduct.
10. General Provisions.
10.1 Successors and Assigns. This Agreement shall be binding upon all
successors and assigns to Subdivider's right, title, and interest in and to the Property
and any portion thereof.
10.2 No Third Party Beneficiaries. This Agreement is intended to benefit only
the parties hereto and their respective successors and assigns. Neither City nor
Subdivider intend to create any third party beneficiary rights in this Agreement in any
contractor, subcontractor, member of the general public, or other person or entity.
10.3 Entire Agreement: Waivers and Amendments. This Agreement integrates
all of the terms and conditions mentioned herein, or Incidental hereto, and supersedes
all negotiations and previous agreements between the parties with respect to all or part
of the subject matter hereof, except as may be expressly provided herein. All waivers of
the provisions of this Agreement must be in writing and signed by an authorized
representative of the party to be charged, and all amendments hereto must be in writing
and signed by the appropriate representatives of both parties.
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11. Corporate Authoritv.The persons executing this Agreement on behalf of
the parties hereto warrant the (1) such party is duly organized and existing, (ii) they are
duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so
executing this Agreement, such party is formally bound to the provisions of this
Agreement, and (iv) the entering into of this Agreement does not violate any provisions
of any other Agreement to which said party is bound.
(Signatures on Next Page)
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IN WITNESS WHEREOF, the parties hereto have executed this Subdivision
Improvement Agreement as of the date first above written.
ATTEST: CITY OF PALM SPRINGS,
CALIFORNIA
James Thompson, Ci Clerk David H. Read Mana er
tY 9
STANDARD FORM CITY ATTORNEY APPROVED AGREEMENT
RECOMMENDED BY:
'00 APPROVED BY CITY COUNCIL David Barakian, City Engineer ��y AM? Ab+G-k
SUBDIVIDER:
DOS PALMAS DEVELOPMENT, LLC, A California Limited Liability Company
Check one:_Individual_Partnership_Corporation*—f Company
*Note, for Corporations, two corporate officers must sign this Agreement, as indicated
below; for all others, authorized agents must sign this Agreement.
By:
Signature (notarized) Signature(notarized)
rAweh
Name: Pau]eHrvn Name:
Title: Manager Title:
(For Corporations, this document must For Corporations, this document must be
be signed in the above space by one of signed in the above space by one of the
the following: Chairman of the Board, following: Secretary, Chief Financial
President or any Vice President) Officer or any Assistant Treasurer)
13
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Mailing Address:
Paul Hryn
Dos Palmas Development, LLC
1278 Gienneyre Street, Suite 133
Laguna Beach, CA 92651
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97
ALL-PURPOSE ACKNOWLEDGMENT
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF
,p } SS
COUNTY OF
On 07� before me, �� VDi q h/ ,Notary
Public,
DATED 1 Via' �/
personally appeared Q 6L. LUP_� fib!h ,
who proved to me on the basis of satisfactory evidence to be the person(q)whose name($,)is/are subscribed
to the within instrument and acknowledged to me that he/shefthey executed the same in his/her/their
authorized capacity(iee), and that by his/herl"r signatures(s)on the instrument the person($), or the entity
upon behalf of which the person(;)acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct (Seal)
WITNE S my and and official sea
ELLEN E.VOIGHT
COmmla{wn N 1821901
!wary PUMIC-cakforai• I
/ tliwnw a CWJMY
SI ure Of N Comm. NOv28.2812
ATTENTION NOTARY. Although the information requested below is OPTIONAL, it could prevent fraudulent
attachment of this certificate to unauthorized document. n
THIS CERTIFICATE Title or Type of Document i ��itrro�01�P asz9
MUST BE ATTACHED
TO THE DOCUMENT Number of Pages DATE of DOCUMENT
DESCRIBED AT RIGHT:
Signer(s)Other Than Named Above //807t.Q.
15
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98
EXHIBIT "A"
TRACT MAP 28308 LEGAL DESCRIPTION
Tract Map No. 28308, as recorded in Map Book q3�, Pages q9 through 51 inclusive, records
of Riverside County, California.
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EXHIBIT'B"
TENTATIVE TRACT MAP 28308 CONDITIONS OF APPROVAL
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RESOLUTION NO. 7181
EXHIBITS
CASE TTM 28308
NORTHWEST CORNER SUNNY DUNES ROAD AND SOUTH SUNRISE WAY
APN#508-231-005 and 508-240-010
ZONE R-1-C/RMHP, SECTION 23,
January 21, 2009
Before final acceptance of the project, all conditions fisted below shall be completed to
the satisfaction of the City Engineer,the Director of Planning, 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.
PROJECT SPECIFIC CONDITIONS
AdmMdstrative
ADM 1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zonlg Ordnance, Municipal Code, or any
other City Codes, ordinances and resolutions which supplement the zoning
district regulations.
ADM2. 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 28308. The City of Palm Springs will
Promptly notify the applicant Of any such claim, action, or proceeding
against the City of Pain Springs and the applicant will either undertake
defense of the matter and pay the Citys 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,daim,
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. NotwithatanditV the foregoing, the City retains 1he
right to settle or abandon the matter without the applicantIs consent but
should it do so, the City shall waive the indemnification herein, except, the
I�III11IfI ltll.11l l�ll 03 EBI2e 1R
�I�����I�� O
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 3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation
sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs,
walls, and terms 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 owners sole expense. This
condition shall be included in the recorded covenant agreement for the
Property if required by the City.
ADM 4. - 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 -Aeu 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 Untorm Building Code, the fee being Yz% 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 toLmaintain the art work and protect the public rights of access
and viewing.
ADM 5. Pursuant to Park Fee Ordinance No. 1B32 and in accordance with
Government Code Section 66477(Quimby Act),all residential development
Shag be required to contribute to mitigate park and recreation impacts such
that, prior to Issuance of residential building permits, a pamand fee or
dedication shall be made. Accordingly, all residential development shall be
subject to parkland dedication requirements and/or park Improvement fees.
The parkland mitigation amount shag be based upon the cost to acquire
and fully improve parkland.
ADM 6. The final development plans shall show seven (7) residential lots and one
remainder lot.
ADM 7. Perimeter walls shall be designed, installed and maintained in accordance
with the corner cutback requirements as required in Section 93.92.001).At
the time of development of structures on the individual lots, a sic foot
decorative block wall shag be required to separate the individual
residential lots, Commercial lot and the mobile home park, and between
the commercial lot and the residential lots.
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102
ADM 8. This project is subject to the Coachella Valley Multiple Species Habitat
Conservation Plan Local Development Mitigation fee (CVMSHCP-LOMF).
The LDMF shall be paid at or before Certificate of Occupancy or Final
Inspection.
CC&it's
ADM 9. The applicant prior to issuance of building permits shalt submit a draft
declaration of covenants, conditions and restrictions CCC&R's') to the
Director of Planning and.Zoning for approval in a form to be approved by
the City Attorney, to be recorded prior to approval of a final map. The
CC&R's shall be enforceable by the City, shall not be amended without
City approval,shall require maintenance of all property in a good condition
and In accordance with all ordinances.
ADM 10. At the time of filing of the CC&R's, the applicant shall submit to the City of
Palm Springs, a deposit in the amount of $5500, for the review of the
CC&R's by the City Attorney. An additional filing fee shall also be paid to
the City Planning Department for administrative review purposes.
Cultural Resources
ADM 11. Prior to any ground disturbing activity, including clearing and grubbing,
installation of utilities, and/or any construction related excavation, an
Archaeologist qualified according to the Secretary of the Interiors
Standards and Guidelines, shall be employed to survey the area for the
Presence of cultural resources identifiable on the ground surface.
ADM 12. Given that portions of the project area are within an alluvial formation, the
possibility of buried resources is increased. A Native American Monitor
shall be present during all ground-disturbing activities.
a. Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s)
shall be present during all ground disturbing activities including clearing
and grubbing, excavation, burial of utilities, planting of rooted plants, etc.
Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for
additional information on the use and availability of Cultural Resource
Monitors. Should buried cultural deposits be encountered, the Monitor
shall contact the Director of Planning and Zoning and after the
consultation the Director shall have the authority to halt destructive
construction and shall notify a Qualified Archaeologist to investigate and,
if necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente
Cultural Resource Coordinator for approval.
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2912-9139306
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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 and Zoning Department prior to final inspection.
PLANNING CONDITIONS
Final Design -Commercial(remainder) Lot
PLN 1. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning and Zoning prior to
issuance of a building permit. Landscape plans shall be approved by the
Riverside County Agricultural Commissioner's Office prior to submittal.
PLN 2_ An exterior lighting plan in accordance with Zoning Ordinance Sermon
93.21.00, Outdoor Lighting Standards, shall be submitted for review and
approval by the Director of Planning&Zoning prior to the issuance of building
Permits. Manufacturer's cut sheets of all exterior lighting on the building and
in the landscaping shall be submitted for approval prior to issuance of a
building permit. If lights are proposed id be mounted on buildings, down-lights
shad be utilized.
Final Design -Residential Lots
PLN 3. Architectural approval is not required for the single family lots.
PLN 4. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of
Tide 25 of the California Administrative Code. Compliance shall be
demonstrated to the satisfaction of the Director of Building and Safety.
PLN 5. The design, height and texture and color of the buildings, fences and walls
shall be submitted for review and approval prior to issuance of building
Permits. A six foot decorative block wall shall be constructed along the
Property line with the mobile home park and between the resldential units.
Walls separating the project site from the mobile home park along the entire
north property line shall be constructed at the time of the construction of the
subdivision improvements. Individual side property line wads may be
constructed with individual buildings.
PLN S. The street address numberingfiettering shall not exceed eight inches in
height
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GENERAL CONDITIONS/CODE REQUIREMENTS
PLN 7, Tentative Tract Maps shall be valid for a period of two (2) years. Extensions
of time may be granted by the Planning Commission upon demonstration of
good cause.
PLN 8. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall suixnit an application for Final Landscape
Document Package to the Director of Planning for review and approval prior
to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal
Code for specific requirements.
PLN 9. Prior.to issuance of a grading permit, a Fugitive Dust and Erosion Control
Plan shall be submitted and approved by the Building Official. Refer to
Chapter 8.50 of the Municipal Code for specific requirements.
PLN 10. The grading plan shall show the disposition of all cut and fill materials. Limits
of site disturbance shall be shown and all disturbed areas shall be fully
restored or landscaped.
PLN 11_ Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the
Planning Commission prior to issuance of building permits.
PLN 12. Pdor to the issuance of building permits, locations of 98 telephone and
electrical boxes must be indicated on the building plans and must be
completely screened and located in the Interior of the budding. Electrical
transformers must be located toward the interior of the project maintaining a
sufficient distance from the frontage(s) of the project. Said transformers)
must be adequately and decoratively screened.
ENGINEERING
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinanoes.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
ENO 1. • Any improvements within the public right-of-way require a City of Palm
Springs Encroachment Permit.
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ENO 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_
SUNNY DUNES ROAD
ENG 3. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of palm Springs Standard Drawing No. 210.
ENG 4. All broken or off grade street improvements shall be repaired or replaced to
the satisfaction of the City Engineer.
CALLE AMIGOS
ENG S. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in
accordance with City of Palm Springs Standard Drawing No. 210.
ENG 6. All broken or off grade street improvements shall be repaired or replaced to
the satisfaction of the City Engirwer.
SANITARY SEWER
ENG 7. Ali sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
GRADING
ENG 8- 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 Managerr mt District
(AQMD) Coachella Valley Fugitive Dust Control Class_ The applicant and/or
Ks grading contractor shall provide the Engineering Division with current and
valid Certificates) of Completion from AQMD for staff that has completed the
required training. For information on attending a Fugitive Dust Control Class
and information on the Coachella Valley Fugitive Dust Control Handbook and
related 'PM10'Dust Control Issues, please contact AQMD at(909) 396-3752.
or at hkp,,//www.AQMD.00v. A Fugitive Dust Control Plan, in conformance
with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted
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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 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 or site plan, a copy of current Title Report; and a copy of Soils
Report.
ENG 9.. 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 or the Tribal
Archaeologisl at (760) 69"800, to determine their requirements, if any,
associated with grading or other construction. The applicant is advised to
Contact the Tribal Historic Preservation Officer or Tribal Archaeologist as
early as possible. If required, it is the responsibility of the applicant to .
coordinate scheduling of Tribal monitors during grading or other construction,
and to arrange payment of any required fees associated with Tribal
monitoring,
ENG 10. in accordance with an approved PM-10 Dust Control Plan, perimeter fencing
shall be installed. Fencing shall have screening that is tan in Color; green
screening will not be allowed_ Perimeter fencing shall be installed after
issuance of Grading Permit, and immediately prior to commenoament of
grading operations.
ENG 11. Perimeter fence screening shad be appropriately maintained, as required by
the City Engineer. Cuts (vents) made into the perimeter fence screening
shall not be allowed. Perimeter fencing shall be adequately anchored into the
ground to resist wind loading.
ENG 12. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas
on-site shall be permanently stabilized, in accordance with Palm Springs
Municipal Code Section 8.50.022. Following stabilization of all disturbed
areas, perimeter fencing shall be removed,as required by the City Engineer.
ENG 13. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or gutters.
ENG 14. A Notice of Intent to Comply with Statewide General Construction Stormwater
Permit (Water Quality Order 99-WDWO as modified December 2, 2002) is
required for the proposed development via the California Regional Water
Quality Control Board (Phone No. 760-340-7491). A copy of the executed
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letter issuing a Waste Discharge Identification number shall be provided to
the City Engineer prior tp issuance of a grading permit.
ENG 15. 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 twa thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosionlblowsand
relating to this property and development.
ENG 16. 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/Solls
Report shall be submitted to the Engineering Division with the first submittal
of a grading plan.
ENG 17. The applicant shall provide all necessary geotechnlcaUsoils inspections and
testing in accordance with the Geotechnical/Solls Report prepared for the
Project-Al backfrll, oompaction, and other earthwork shown on the approved
grading plan shall be certified by a California registered geotechnical or civil
engineer, certifying that all grading was performed in accordance with the
GeotechnicalfSoils Report prepared for the project. Documentation of all
compaction and Other soils testing are to be provided. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer,
ENG 18. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits Involving a grading plan and involving the
export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an
approved -Notification of Intent To Move Soil From or Within Quarantined
Areas of Orange. Riverside, and Los Angeles Counties" (RiFA Form CA-1)
prior to approval of the Grading Plan (if required). The California Department
of Food and Agriculture gffioe is located at 73-710 Fred Waring Drive, Palm
Desert(Phone: 760-776-8208).
DRAINAGE
ENG 19. This project will 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
Whftewater River Region from the Colorado River Basin Regional Water
Quality Control Board(RWQCB). The applicant is advised that installation of
BMA's, including mechanical or other means for pre-treating stormwater
runoff, will be required by regulations imposed by the RWQCB. It shall be the
applicant's responsibifrty to design and instal appropriate BMP's, in
accordance with the NPDES Permit, that effectively intercept and pre-treat
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slomwvater runoff from the project site, prior to release to the City's municipal
separate storm sewer system ("MS4'), to the satisfaction of the City Engineer
and the RWQCB. Such measures shall be designed and installed on-site;
and provisions for perpetual maintenance of the measures shall be provided
to the satisfaction of the City Engineer, including provisions in Covenants.
Conditions, and Restrictions(CC&R's) required for the development(if any).
ENG 20. 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
ENG 21. 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 (Le. 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-eke streets
required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off-site streets, at the discretion of
the City Engineer. The pavement condition of the existing off-site streets
shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
ENG 22. On phases or elements of construction following initial site grading (e.g.,
sewer, stone drain, or other utility work requiring trenching) associated with
this project, the applicant shall be responsible for coordinating the scheduled
construction with the Ague Caliente Band of Cahuilla Indians, Tribal Historic
Preservation Officer or Tribal Archaeologist. Unless the project site has
Previously been waived from any requirements for Tribal monitoring, it is the
applicant's responsibility to notify the Tribal Historic Preservation Officer or
the Trlbaf Archaeologist at (760) 698-6800, for any subsequent phases or
elements of construction that might require Tribal monitoring. If required, it is
the responsibility of the applicant to coordinate scheduling of Tribal monitors
during construction, and to arrange payment of any required fees associated
With Tribal monitoring. Tribal monitoring requirements may extend to off-site
construction performed by utility companies on behalf of the applicant (e.g.
Utility line extensions in off-site streets), which shall be the responsibility of
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the applicant to coordinate and arrange payment of any required fees for the
utility companies.
ENG 21 All proposed utility lines shelf be installed underground.
ENG 24. In accordance with Chapter 8.04,401 of the City of Palm Springs Municipal
Code, all existing and proposed electrical lines of thirty-five thousand volts or
less and overhead service drop conductors, and all gas, telephone, television
cable service, and similar service wires or lines, which are on-site, abutting,
and/or transacting, shall be installed underground unless specific restrictions
are shown in General Orders 95 and 128 of the California Public Utilities
Commission, and service requirements published by the utilities. The existing
overhead utilities across the property meet the requirement to be installed.
underground. Utility undergrounding shalt extend to the nearest off-slte power
Pole; no new power poles shall be Installed unless otherwise approved by the
City Engineer.A letter from the owners of the affected utilities shall be
submitted to the Engineering Dtvlsion prior to approval of a grading plan,
informing the City that they have been notified of the City's utility
undergrounding requirement and their intent to commence design of utility
undergrounding plans. When avallable, the utility undergrounding plan shall
be submitted to the Engineering Division identifying all above ground facilities
in the area of the project to be undergrounded. Undergrounding of existing
overhead utility lines shall be completed.prior to issuance of a certificate of
occupancy.
ENG 25, All existing utilities shall be shown on the improvement plans-required for the
Prolect. The existing and proposed service laterals shall be shown from the
main line to the property line.
ENG 26. Upon approval of any Improvement plan by the City Engineer, the
improvement plan shall be provided to the City in digital fon-nat, consisting of
a DM (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.
ENG 27. 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.
ENG 28. 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
to
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maintain an appropriate sight distance per City of Palm Springs Zoning Code
Section 93.02.00. D.
ENO 29. All proposed trees within the public right-of-way and within 10 feet of the
public sidewalk and/or curb shall have City approved deep root barriers
installed in accordance with City of Palm Springs Standard Drawing No. 904.
MAP
ENG 30, A Final Map shall be prepared by a Califomia registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review
and approval. A Title Report prepared for subdivision guarantee for the
subject property, the traverse closures for the existing parcel and all lots
Created therefrom, and copies of record documents shall be submitted with
the Final Map to the Engineering Division as part of the review of the Map.
The Final Map shall be approved by the City Council prior to issuance of
building permits.
ENG 31, 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
centerfrm 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 (e00),
DWG (AutoGAD 2004 drawing file), DON (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
ENG 32. A minimum of 48 Inches of clearance for handicap acceasibility shall be
provided on public sidewalks or pedestrian paths of travel within the
development.
ENG 33. All damaged, destroyed, or modified pavement legends, traffic control
devices, signing, and striping associated with the proposed development shall
be replaced as required by the City Engineer prior to issuance of a Certificate
of Occupancy.
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ENG 34. Construction signing, lighting and barricading shall be provided for on all
projects as required by City Standards or as directed by the City Engineer.As
a minimum, all construction signing, lighting and barricading shall be in
accordance with State of California, department of Transportation, 'Manual
of Traffic Controls for Construction and Maintenance Work Zones" dated
2006, or subsequent additions in force at the time of construction.
ENG 35. This property Is subject to the Transportation Uniform Mifigation Fee which
shall be paid prior to issuance of building permit.
END OF CONDITIONS
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F QA�M Sp '
City of Palm Springs
v v, Office of the City Clerk
3200 E.Tahgairz Canyon Way • Palm Springs, CA 92262
Tel: (760)323-8204 • Has: (760)322-8332 • TDD: (760) 8611-9527 • Web: www.palmspringsca.gov
CQ411:0 �
NOTICE OF CONTINUANCE
NOTICE IS HEREBY GIVEN that the Regular Meeting held on March 5, 2014, the
City Council continued Public Hearing Item No. 1.A. to April 2, 2014:
DOS PALMAS DEVELOPMENT LLC FOR TENTATIVE PARCEL MAP
36693 TO SUBDIVIDE ONE LARGE PARCEL INTO TWO LOTS
RESULTING IN A 10,070-SQUARE FOOT LOT AND A REMAINDER
LOT APPROXIMATELY 58,831-SQUARE FEET AT THE CORNER OF
EAST SUNNY DUNES ROAD AND SOUTH SUNRISE WAY
(CASE TPM 36693):
I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice
of Continuance was posted at or before 6:00 p.m. on April 2, 2014, as required by
established policies and procedures.
MES THOMPSON
ity Clerk
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Post Office Box 2743 0 Palm Springs, California 92263-2743