HomeMy WebLinkAbout6/5/2013 - STAFF REPORTS Carol Templeton
To: Margo Wheeler; David Newell
Subject: Changes to Dakota Engineering Conditions for 6/5/13 City Council Meeting (Case No.
5.1297; PDD-364;TTM36548)
The following changes have been made in red to the Engineering Conditions per Dave Barakian:
ENG 20: The applicant shall dedicate a 15 feet wide public sewer easement across Let-1; common area Lot AA 43, and
residential Lots 40,42, and 43. Note that the sewer main shall be constructed in
Street A from Street B to Belardo Road, in lieu of across Lot 1. The required sewer easements shall be located entirely
within the named lots. The easement shall be kept clear and free of any and all
obstructions to allow for the continued operation and maintenance of the proposed public sewer main within the
easements. Construction of permanent structures, swimming pools and equipment, or
other improvements determined to be an obstruction of the public sewer easement shall not be allowed. Planting of large
trees or other planting material with invasive or deep root structures shall
be restricted. Access to the public sewer easements from Belardo Road, Street"B", and the two southern driveways shall
be maintained, including, if necessary, 15 feet wide gates with lock and
access provided to the City of Palm Springs sewer maintenance personnel. Provisions for the maintenance of the public
sewer easements, acceptable to the City Engineer, shall be included in the CC&Rs
for the tract. Notice shall be clearly included in the CC&Rs defining restrictions of development within the easements.
ENG 21: Provisions for maintenance of the public sewer easements, acceptable to the City Engineer, shall be included in
the Codes, Covenants, and Restrictions (CC&Rs) required for this
development. Notice shall be clearly included in the CC&Rs defining the restrictions of development within the easements
across Lst4—,common area Lot AA, and residential Lots 40, 42, and 43. The
CC&Rs shall advise the property owners of the City's right to enter the site, clear and remove any and all improvements
and/or obstructions within the easements, and give the City the right to charge all
costs incurred in enforcing this provision to the owners of Lots 1, common area Lot AA, and residential Lots 40, 42, and
43. The CC&Rs shall also advise the property owners of the fact that the City is
not required to replace in like kind, any landscaping or other improvements within the public sewer easements in the event
repair or replacement of the existing sewer main is required, and that the City shall
be limited to leaving the property in a rough graded condition following any such repair or replacement.
ENG 49: 15 feet wide easements to the future Homeowners' Association for storm drainage purposes shall be reserved
over Lots 1 through 10, common area lots DID(on each side of the Main Entry),
residential Lots 21, 24 and 25, 26 and 27, 33 and 34, common area Lots AA and BB, and residential Lot 38 and 39, and
Lot 40 through Lot 43 (or others, as may be required)for those portions of the
on-site private storm drain system that cross individual lots.
ENG 63: Applicant shall restripe the bike lane (if necessary, as determined by the City Engineer) using thermoplastic
material along the project frontage on the west side of Belardo Road. 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.
ENG 67: The applicant shall provide and install one 5600 twe 9,500 lumen high pressure sodium vapor decorative safety
street lights with glare shields on marbelite poles on the southwest corner of
Belardo Road and the Main Entry with the mast arm over Belardo Road. The decorative nature of the street lights shall be
similar to the style within the project or within the Plaza Del Sol Shopping Center.
The applicant shall coordinate with Southern California Edison for required permits and work orders necessary to provide
electrical service to the street lights.
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Judy Deertrack
1333 South Belardo Road, Apt 510
Palm Springs, CA 92264
Home Phone: 760 325 4290
Email: 'ul dyno iudydeertrack.com
Tuesday, May 4 2013
To the City Council
Palm Springs, California
Re: Crescendo LLC for a PDD in lieu of
Change of Zone (PDD 364, Case 5.1297)
And TTM 36548
City Council Hearing June 5, 2013
To the Honorable City Council:
Please accept my letter of concern about the above project. I live in Palm Springs
with a residence address of 1333 South Belardo Road, at Tahquitz Mesa Villas,
the 105-unit multi-family development to the immediate north of the proposed
project. As such, I am within the area of impact.
I request that the City Council deny all approvals associated with PDD 364 and
TTM 36548 from a failure to assess project impacts under the California
Environmental Quality Act (CEQA), and further deny all approvals because the
project is inconsistent with the policies, plans, and procedures of the City of Palm
Springs General Plan.
CEQA DEFICIENCY: An Initial Study was not prepared for this project, so its
project implications have not been studied, and the project, as proposed, is in
violation of California state law. Staff recommends that the City Council adopt a
previous 2007 Mitigated Negative Declaration from a now-defunct project known
as "Edge of Belardo," earlier planned for this same parcel, that consisted of a 66-
unit town-home complex with clubhouse and recreation facility. Staff assumed
that, regardless of the complete difference in the project description, land use,
o6/o6-1zo 13
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zoning, density, open space, common grounds, and design, and regardless of
the passage of seven years with commensurate changes in the General Plan and
policies of the city, and possible changes to the parcel itself, that the
environmental review on "Edge of Belardo" could be used for the Dakota Project.
This is not tenable. In fact, it is absolutely baffling, because nothing in CEQA
begins to suggest such an outcome.
CEQA evaluation is fairly simple. When the current project applicant filed for a
PDD 364 and TTM 36548, under those permits and their associated project
descriptions, the City as lead agency makes a determination on whether these are
"projects" under CEQA. If PDD 364 and TTM 36548 are assessed as "projects"
under CEQA, an Initial Study is initiated. Previous environmental reviews under
previous projects are not at all relevant to this determination. It appears from the
staff report that the justification for "piggybacking" onto a 2007 study of a 66-unit
PDD is based upon a finding of "less impacts from lower housing density" as the
city transitioned from an approved 66-unit development to a proposed 43-unit
development, thus no environmental assessment was deemed required. This
cannot be correct. I also believe (but am not technically sure) that when this other
project was not built over a period of years, its environmental assessment lapsed
along with the project. Certainly it lapsed when a new project application was filed
and acted upon.
The change in housing density is exactly the point of environmental review, it is
the primary focus of review, and it is missing, which not only raises CEQA issues,
but it raises questions about the consistency of this project with the City's General
Plan. This is a downzoning of High Density Residential housing capacity with a
net loss of housing units (including affordability impacts) within a time period when
the City of Palm Springs is still creating housing stock to meet its Regional
Housing Needs.
State environmental laws and general plan laws at the state level encourage,
allow, and even require project review on an incremental case-by-case review
where designations change to eliminate stock, because of the long period
between updates of the City's Housing Element, and the need to monitor
implementation of housing objectives over time. Where the city has not met its
RHNA numbers, and has strong affordable housing objectives, these general plan
policies would by definition create the need to assess general plan consistency, if
nothing else.
The general plan laws of California and CEQA both provide for project-by-project
review of the changes, because state law specifically allows for assessment at the
level of actual project review; cities are not limited to general plan review at the
time of the Housing Element Update. With PDD 364 and TTM 36548, the city
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the clustering concept for multi-family which packs density into some areas so
that other areas become common areas with amenities. This "pig in a poke"
straddles both objectives without meeting either. The applicant has asked for
single family residential in a land use designation that actually prohibits single
family residential. This is another instance of inconsistency with the general plan
objectives.
CHANGES IN THE SINGLE-FAMILY RESIDENTIAL LOT: The most obvious
consistency issue is the abandonment of the general plan land use designation
that favors affordable housing and consistency with pre-existing neighborhood
design in favor of altering the lot and setback requirements to squeeze in 43
townhouses, 43 swimming pools, poor circulation design, and an abysmal
absence of common areas.
I would appreciate any and all consideration given to these comments, and I wish
the City Council and Planning Department my very best for their efforts and hard
work.
With regard, n ,
4,�^-�
J ertrack
Judy Deertrack
1333 South Belardo Road, Apt 510 '
Palm Springs, CA 92264
2013 iiJ'j -5 Pi 5- Q$
Home Phone: 760 325 4290 .
Email: judvCo@iudvdeertrack.cd�i �' �'•�` �,'
Tuesday, May 4 2013
To the City Council
Palm Springs, California
Re: Crescendo LLC for a PDD in lieu of
Change of Zone (PDD 364, Case 5.1297)
And TTM 36548
City Council Hearing June 5, 2013
To the Honorable City Council:
Please accept my letter of concern about the above project. I live in Palm Springs with a residence
address of 1333 South Belardo Road, at Tahquitz Mesa Villas, the 105-unit multi-family development to
the immediate north of the proposed project. As such, I am within the area of impact.
I request that the City Council deny all approvals associated with PDD 364 and TTM 36548 from a failure
to assess project impacts under the California Environmental Quality Act (CEQA), and further deny all
approvals because the project is inconsistent with the policies, plans, and procedures of the City of Palm
Springs General Plan.
CEQA DEFICIENCY: An Initial Study was not prepared for this project, so its project implications have
not been studied, and the project, as proposed, is in violation of California state law. Staff recommends
that the City Council adopt a previous 2007 Mitigated Negative Declaration from a now-defunct project
known as "Edge of Belardo," earlier planned for this same parcel, that consisted of a 66-unit town-home
complex with clubhouse and recreation facility. Staff assumed that, regardless of the complete
difference in the project description, land use, zoning, density, open space, common grounds, and
design, and regardless of the passage of seven years with commensurate changes in the General Plan
and policies of the city, and possible changes to the parcel itself, that the environmental review on "Edge
of Belardo" could be used for the Dakota Project. This is not tenable. In fact, it is absolutely baffling,
because nothing in CEQA begins to suggest such an outcome.
CEQA evaluation is fairly simple. When the current project applicant filed for a PDD 364 and TTM
36548, under those permits and their associated project descriptions, the City as lead agency makes a
determination on whether these are "projects" under CEQA. If PDD 364 and TTM 36548 are assessed
as "projects" under CEQA, an Initial Study is initiated. Previous environmental reviews under previous
projects are not at all relevant to this determination. It appears from the staff report that the justification
for "piggybacking" onto a 2007 study of a 66-unit PDD is based upon a finding of "less impacts from
lower housing density" as the city transitioned from an approved 66-unit development to a proposed 43-
unit development, thus no environmental assessment was deemed required. This cannot be correct. I
also believe (but am not technically sure) that when this other project was not built over a period of years,
its environmental assessment lapsed along with the project. Certainly it lapsed when a new project
application was filed and acted upon.
The change in housing density is exactly the point of environmental review, it is the primary focus of
review, and it is missing, which not only raises CEQA issues, but it raises questions about the
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consistency of this project with the City's General Plan. This is a downzoning of High Density
Residential housing capacity with a net loss of housing units (including affordability impacts) within a time
period when the City of Palm Springs is still creating housing stock to meet its Regional Housing Needs.
State environmental laws and general plan laws at the state level encourage, allow, and even require
project review on an incremental case-by-case review where designations change to eliminate stock,
because of the long period between updates of the City's Housing Element, and the need to monitor
implementation of housing objectives over time. Where the city has not met its RHNA numbers, and has
strong affordable housing objectives, these general plan policies would by definition create the need to
assess general plan consistency, if nothing else.
The general plan laws of California and CEQA both provide for project-by-project review of the changes,
because state law specifically allows for assessment at the level of actual project review; cities are not
limited to general plan review at the time of the Housing Element Update. With PDD 364 and TTM
36548, the city starts with land in a High Density Residential capacity that is lowered to medium density
capacity, with a resultant loss of units. That baseline change is a significant change of circumstances in
the General Plan and Housing Element for the City of Palm Springs between the years 2007 and 2013.
California state law provides that cities and counties must provide adequate and diversified housing
stock for a full range of income groups. The Southern California Association of Governments (SCAG)
issues periodic RHNA numbers for the city to follow in the Regional Housing Needs Assessment. The
city responds through the planning process by providing appropriate land use designations at different
densities. It is absolutely known that the High Density Residential (HDR) land use classification is
created and is absolutely appropriate and desirable for certain areas of the city because it allows
development to cluster, and decreases land costs and costs of construction so that diversified housing
can exist.
Impact assessment is not a conclusion that `less density is better density, therefore, there is no impact,
therefore no EA." Impact assessment is an obligation of the Planning Department to inform the Planning
Commission and the City Council as to the proper basis for a decision, through proper environmental
review — of how declassification of HDR land designation to a lower density (15-30 du/ac to 6.37 du/ac)
impacts its RHNA requirement and its ability, over time, to meet the state requirements for affordable
housing. The EA and staff report should address the remaining HDR land inventory, the RHNA
numbers, and generally the impact of removing the HDR classification from the general plan. The City's
Housing Element, at page 3-60 states, "Finally, the City implements State law which requires that all
changes in General Plan or Zoning designations which reduce residential inventory be
compensated for, assuring that there will be no net loss in residentially designated lands." This
requirement, alone, leaves the proposed project inconsistent with state requirements and the city's
General Plan Housing Element. No provision has been made to identify or mitigate the reduced
residential inventory under PDD 364. This would have been addressed in a proper Initial Study and
Mitigated Negative Declaration or Environmental Impact Report. We do know that the use of the
Planned Development District (PDD) has changed density from the maximum density of 30 du/ac to 6.37
du/ac on the 6.35 acre parcel. That leads to a reduction in residential units from 191 units to 43, for a net
loss of housing units of 148 units. The City Council may or may not decide in favor of the loss of housing
stock, but the issue isn't even raised. CEQA, at its finest, is an informational document that allows the
decision makers to evaluate the range of impacts based upon the data it presents.
In 2007, at the time of the environmental assessment now being used by the City, SCAG's Regional
Housing Needs Assessment (RHNA) was in its 4fh cycle, and the City of Palm Springs was assessed
with a total housing need of 2,261 units. SCAG is now in the 5'" cycle (2012), and the City must produce
its response by October 2013. The 2012 RHNA calls for an additional 212 housing units in order to
meet housing stock requirements assigned to the city. Therefore, even if this environmental assessment
were remotely allowable, it is clearly outdated on housing stock requirements, which are an integral part
of the evaluation of whether to downzone.
3
PUBLIC BENEFIT REQUIREMENT: Even without the CEQA issue, it is doubtful this project meets the
City Council Policy Statement adopted September 17, 2008 on Planned Developments and the
Requirement of Public Benefits. PDD 364 is noteworthy for the absence of dedications and public
benefits. The City Council mandated four criteria, and it is very speck on its definition of Public
Benefit:(1) The project itself comprises the public benefit; (2) The project incorporates strong public
benefits into its "key features"; (3) the project has strong features of sustainable design; (4) the project
provides off-site improvements. None of these are present. The open space dedicated to the city is not
usable, is not reachable by the public, is not necessary to a trailhead, is not scenic, and has no wildlife
benefits. It does pose liability and maintenance obligations to the city with no commensurate benefits.
Of even greater detriment is a project design that designates private backyards and 43 swimming pools
as "open space," in order to meet the requirement of 45% open space in the project design. If the project
design were multi-family, this open space would be common grounds and aesthetic.
STREET DESIGN: The City of Palm Springs (and possibly Agua Caliente Tribe) just completed very
valuable street side improvements directly adjacent to the frontage for this development. There is
nothing in the staff report that indicates the developer was assessed for off-site improvements, even
though the City Council Policy Statement is very clear that these very benefits are required for a PDD.
To the contrary, because this street improvement was not properly implemented into the project design,
the now completed street will be torn up to provide for four new egress/ingress driveways. Between two
driveways at Tahquitz Mesa Villas, and four at the Dakota Project, this fast-moving thoroughfare will
have six exit routes within a 1/8 mile or less span of road, and that is detrimental, not a public benefit; it is
poor design that undermines the original multi-family designation appropriate to this parcel. This is
required because of the shift to single family residential, whereas a multi-family unit would not require the
multiple exit points.
PROHIBITION OF SINGLE-FAMILY RESIDENTIAL: Single family residential units are placed within
low-density general plan classifications (estate and low density zoning) for very good design reasons,
primarily because it is antithetical to the clustering concept for multi-family which packs density into some
areas so that other areas become common areas with amenities. This "pig in a poke" straddles both
objectives without meeting either. The applicant has asked for single family residential in a land use
designation that actually prohibits single family residential. This is another instance of inconsistency with
the general plan objectives.
CHANGES IN THE SINGLE-FAMILY RESIDENTIAL LOT: The most obvious consistency issue is the
abandonment of the general plan land use designation that favors affordable housing and consistency
with pre-existing neighborhood design in favor of altering the lot and setback requirements to squeeze in
43 townhouses, 43 swimming pools, poor circulation design, and an abysmal absence of common areas.
I would appreciate any and all consideration given to these comments, and I wish the City Council and
Planning Department my very best for their efforts and hard work.
With regard,
Judy Deertrack
Judy Deertrack
1333 South Belardo Road, Apt 510
Palm Springs, CA 92264
2013JU,s -5 Phi 5: 14
Home Phone: 760 325 4290
Email: judy@ludydeertrack.com / r
CITY CLE'; "
Wednesday, May 5 2013
To the City Council
Palm Springs, California
Re: Crescendo LLC for a PDD in lieu of
Change of Zone (PDD 364, Case 5.1297)
And TTM 36548
City Council Hearing June 5, 2013
CONSISTENCY FINDINGS (PDD)
To the Honorable City Council:
Please accept this letter as an ADDENDUM to my previous comment letter received by you on June 4,
2013.
1 request that the City Council deny all approvals associated with PDD 364 and TTM 36548 because the
project is inconsistent with the City of Palm Springs General Plan. I further request the City Council
deny the adoption of the proposed Resolution in support of the project.
The Resolution that is before the City Council on today's hearing (Reference Staff Report at page 11)
states at Section 2 Planned Development District Findings, (a) The proposed planned development is
consistent and in conformity with the general plan and report."(b) The subject property is suitable for the
uses permitted in the proposed planned development district, in terms of access, size of parcel,
relationship to similar or related uses, and other relevant considerations."
The staff report at page 4 under Public Benefit Policy for Planned Development Districts, states as
follows: "The applicant is seeking the following adjustments in the underlying development standards
with the PDD:
• Permitting single-family residential in R-3 Zoning where specifically prohibited:
• Modifying R-3 development standards as follows...... [the description of modified lot dimensions
and setbacks are then described]
The California legislature has enacted a requirement that all underlying developments under review
establish through findings in their staff reports and Resolutions that the development decision, as
enacted, is compatible with the policies, plans, and principles of the city's general plan —as they currently
exist. If the city wishes to vary from those standards, the procedure is to amend the general plan. What
the city cannot do is develop an implementing tool to bypass the policies, because to do so creates
internal inconsistency in the plan's structure, and undermines the consistency doctrine as the linchpin of
how the state has achieved a guarantee that cities will actually follow and implement their plans. Any
development decision substantially out of compliance with the general plan is null and void.
The decision makers sit as quasi-judicial officers, acting on behalf of the city, but also acting on behalf of
the State of California, with the responsibility to ensure that this process proceeds with integrity, because
a great deal is at stake.
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The City Council cannot make a determination of consistency on the above findings, because Planned
Development District (PDD) 364 effectively changes the general plan classification for this parcel from
High Density Residential (15-30 du/ac) to an unclassified PDD status which allows medium density
residential of 6.35 du/ac. This outcome is achieved by calculating the acreage of 6.37 acres into the
planned 43-unit development.
This circumvents the general plan requirement that the area remain within a residential unit build-out of
between 15-30 du/ac, and single-family residential is specifically prohibited under High Density
Residential.
The City may have created the mechanism of a Planned Development District with the best of intentions,
and there may be many instances when the underlying projects reviewed are compatible with the city's
general plan, but in this instance, they are not.
The Planned Development District mechanism in the Palm Springs General Plan allows for substantial
downzoning, and it is designed to act as an overlay to both the land use classification and the zoning
designation for the parcel of land at issue in order to reach its objectives. State law, however, restrains
cities from allowing any implementing tool, or any zoning mechanism, or even a quasi-zoning mechanism
from circumventing the general plan requirements, and upending the hierarchy of planning laws — the
general plan land use classifications sit at the top of the pyramid. No implementing tool or mechanism of
a general plan can be designed in a manner to circumvent the consistency findings.
In this instance, with PDD 364, the applicant's only recourse if he wishes to change this parcel to allow
for single-family residential, or to allow densities below the threshold of the classification of High Density
Residential should be to file for a general plan amendment. This brings the city back into its legislative
role, where the appropriate spectrum of issues can be reviewed across the board, and beyond the
context of just this one development. The City cannot, however, use a PDD in a zoning capacity to
make piecemeal changes within its districts, to the legislated land use plan. To do so would be to allow
the "tail to wag the dog," as certain case decisions have stated. It is the general plan classification that
rules the outcome of any development review.
Thank you for consideration of my concerns.
With regard,
Judy Deertrack
June 5, 2013
C _
Honorable Mayor and City Council 2013 I�a'j �� PH 5 13
City of Palm Springs
3200 E.Tahquitz Way
Palm Springs, California 92262 CITY C Lc s
RE: CITY COUNCIL AGENDA ITEM- CRESCENDO,LLC PUBLIC HEARING COMMENTS
Please accept this written communication as part of the Public Hearing record for the subject
development project,scheduled for this evening's agenda.
In addition to my oral comments during the public hearing, I write to request that the City Council take
no action on the subject item, until such time as a more comprehensive and technically accurate
environmental review can be completed on this project,as required by the California Environmental
Quality Act (CEQA).
Although commendable for its'creative and innovative'approach to expeditious project review,the City's
'de facto' environmental policy of permitting new project applications to 'piggy-back' on prior
environmental reviews IF the project has reduced density, is not in compliance with the letter nor spirit
of CEQA legislation as now written.While such a policy may be possible in certain,very limited cases
where NO other environmental factor beyond site density is at issue,this is certainly not the case in this
particular development application.
Specifically, and without repeating formal comments submitted by other residents prior to this hearing, I
would reiterate the following points as to why such'piggy-backing'cannot occur in this particular case:
1. The original project,proposed by the property owner/site developer, is significantly different than
that proposed more than five years past. Reduced density,in and of itself, does NOT mitigate
other environmental issues which are required to be evaluated anew with this project, such as
height impacting viewlines; interior access/visibility to light, density impacting neighbor privacy,
etc.
2. Within a five-year-plus timeframe,significant economic and public policy issues can arise- such
as housing affordability,required Housing Element updates; related RHNA requirements for new
and replacement housing,etc.
3. Although the City's zoning ordinance may require that notices of new development be served only
on impacted 'property owners',CEQA's spirit and letter of the law includes'others potentially
impacted'by the development project,i.e. residents/tenants. In this particular case, I would
suggest that given the fact the developer/property owner of Crescendo LLC is ALSO the property
owner of Tahquitz Mesa Villas, immediately abutting this site,that the ordinance language can
easily be challenged based on'prudent man's rule'. Not to mention the fact that this is certainly not
an'arm's length'and fair notice transaction, as it would be absurd to believe that the abutting
property owner would challenge his own development project!
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For future consideration, I would suggest that the City of Palm Springs amend the language in
many of its ordinances on'due and proper notice',to include specifically the term 'residents of the
site'. Numerous cities in California have done so, reflecting the fact that the housing/economic
crises of the past two decades have forced more and more California residents/voters into rental
or leased housing. Precluding them from appropriate and deserved public input opportunities
due to the fact that they'lease/rent'rather than own, is (at best) elitism and (at worse)
undemocratic.
In addition to these most basic CEQA issues,the proposed development has included and received prior
approval on several quite unusual and less than desirable site plan calculations, such as the following:
1. Dedicating the hillside to the City as a public benefit'in lieu of other, more substantial, and
technically sound 'public benefits.While there is great value in protecting the many desert rock
hillsides,it is disingenuous to count such a dedication of any significant value to the city,as it
merely adds additional maintenance and infrastructure support costs to municipalities.
Developers dedicating undevelopable properties to cities as a 'public benefit' is a ruse at best, as it
is only for their economic benefit,which ultimately becomes the city's economic burden.
2. Reduced front/back set-backs and front/side yards. These reductions,on this site,do nothing more
than aggravate this design of'row housing. Conditions of approval or architectural design
requisites should require offset windows for privacy at least.
3. Adjacent site impacts. The lack of public notice to adjacent residents,as well as any on-site due
diligence by staff, ignores the impact of this development with pools, back walls, and double
stories that will literally dwarf all multi-family units abutting these houses,by blocking sunlight
and viewshed. Nothing has been included in the conditions of approval that requires any
mitigation of these impacts,which would have been required under a more comprehensive
environmental process.
4. Insufficient parking. The allocation of one guest space for every four units is completely
unrealistic.These units are small; lots are a breath away from a virtual 'zero lot line',and garages
will barely accommodate one over-sized vehicle like an SUV,not to mention accumulated housing
'clutter'and storage. A significant percentage of potential buyers will undoubtedly be two-car
families,thus forcing them to park in the guest spots. Yes,one can argue that any future home
owner association rules and regulations can police that,but,ultimately, it will force visitors to
park across the street, in the large commercial parking lot,which is already becoming a haven for
'18-wheelers'and other illegal parking and,as such,a code enforcement challenge.
S. Public benefit. Upon careful review of the City's public benefit requirements for a Planned
Development District (PDD) in lieu of zone change, it is a virtually impossible to find any public
benefit provided by this project,that conforms to the requirements in the City's policy.There are
no off-site public benefits beyond those ALREADY required of a developer by law. Public benefit
requisites,per this policy, dictate that such benefits must exceed that which is required by law,in
such specific areas as open space,public art,water or energy conservation,green technologies, off-
site improvements etc.This project contains no 'excesses'whatsoever!
In fact,one could arguably contend that a'pool/spa in every yard' actually abuses water usage and
avoids conservation. Since this project intends to utilize Community Facilities District(CFD aka
'Mello-Roos) financing,one could argue that a common area pool is more appropriate,given the
� 3
fact that a home owner's association of some sort will be required to oversee maintenance and
sweeping of the private streets/common area landscaping,as well as policing of the
development's design standards.
6. Open space. Second only to the city's creative application of environmental review under CEQA, is
its use of the term 'open space'in lot coverage.The open space calculation for each site,and for the
project as a whole, obviously incorporates the areas for private pools/spas.This is extremely
misleading,and certainly not within the generally accepted industry understanding of true 'open
space'.This'open space' is private,for use only by the ultimate property owner and not accessible
for use or enjoyment by the general public.
When one actually calculates the amount of true, publicly accessible'open space' in the
development, it is clear that the public's open space in the complex is actually private streets,
guest parking and a 'smidge'of landscaping,which is insufficient to use in any'public'or
communal way.
7. City housing policy/General Plan. The PDD application removes from the city's housing inventory,
property easily and well designated as multi-family residential. Down-zoning the site to single
family residential eliminates a site that is conducive to this higher density given its walking
distance to bus routes on 111; location abutting existing multi-family; and, negligible to non-
existent impacts to neighboring uses. Such sites are not easily found in communities.
Further,the lot size and coverage is so limited given the pools/spas for each unit,it begs the
question as to what types of buyers this development would attract.With no public open space,
parks,trails or bike paths of any kind,the units are certainly not conducive to families with
children of any age,as the only'recreation' is the pool. Any other leisure- such as walking,
carriage strolling,cycling etc. - so common to children,must be done off-site along Morongo,
which is quickly becoming a major alternate,arterial route, or at a public park,a required driving
distance away.
Given the aforementioned points/issues,as well as those raised by others on this project,it is clear that
further due diligence must be exercised by both staff and the City Council before this project can be
approved this evening. The CEQA'process used' alone is significant,and warrants further legal review
and analysis.
During this time,it would be my hope that City staff would also re-evaluate the project more rigorously,
with respect to its site plan density; non-existent public benefits; lack of open space; de minimus public
parking; community housing policy; and its'pool in every pot approach.
Sincerely,
Ann Ma Gallant
June 5, 2013
City Council
Palm Springs, California 1713 JUH -5 ('j 5: 13
Re: Proposed Development CITY C L E
Crescendo LLC for a PDD Change of Zone
(PDD 364, Case 51297 and TTM 36548
Dear Council:
I am a Palm Springs resident at the Tahquitz Mesa Villas,just to the North of this
proposed residential development by Mr.John Wessman.
My origin is from the great City of San Francisco in California where development has
dedicated a large percentage of the land mass to parks and open area. I also am an active
participant in the commercial real estate field here in the Coachella Valley.
It saddens me to think and envision this narrow strip of land to the north of the Villas to
be undermined, filled with soil to raise it up and seemingly squeeze in single family
residents that would potentially encroach upon the slope and steep landscape of the desert
terrain.
Tahquitz Meas Villas (another project owned by Mr. Wessman) is a lovely older project
adjacent that I currently live in. But even at this spot the Villas back up right against
this steep beautifully varnished rock and view into the Indian Canyons from our main
pool. I have questioned whether or not this project doesn't impose upon the hillside and
history of our native Americans passing through this land to their holy lands where they
lived and survived for hundreds of years.
I am an avid hiker and respect the fragile condition of the land and Mother Nature. It is a
privilege to live where I live. I have also traveled,worked and lived in over 60 countries
around the world. What we have here in Palm Springs is utterly unique. The mountains
closely hugging the downtown of Palm Springs to the south and to the South Palm
Canyon intersection where it flows out to the Indian Canyons is a national treasure.
Everyone I have talked to around the world knows the Coachella Valley for Palm
Springs. Every foreign visitor I speak with who visits here thinks that it is one of the
most beautiful places they ever visited.
Secondly, I walk and bike up and down this strip of Belardo that you are about to approve
for development. I see many critters and birds and their young living and thriving in this
natural habitat.
You recently dedicated a very pretty bridge to the north of the Villas to the passed leader
of our native American Indians. Keep with this theme and do not scar the road and
hillside just to the south with residential housing.
We are just recovering from a Great Recession. Have you given thought to the number of
homes that were foreclosed upon in the past 5 years. Do we need new competitive
housing at this time? But most of all we don't need it in that location.
You as the fathers and mothers of the City of Palm Springs government should be ever so
careful as to what you permit to be built in this environment.
Carol Grace, Tahquitz Mesa Villas, 1333 S. Belardo Rd., Palm Springs
June 4, 2013
To Esteemed Members of the Palm Springs City Council c" 13 Jt1J —j P , 5: 12
Subject: Dakota Project CITY ct f
I was astonished to discover that the project adjacent to my current living
space is scheduled to break ground next week. Though I am no longer married
to an architect, I did learn some design build knowledge from him, including
the fact that notification could have been provided about the project.
It has been discouraging to hear the details of the project including the
inclusion of 43 swimming pools and 6 driveways in a small, congested
triangular space. I urge you to consider other issues such as density criteria
environmental studies, and the preservation of open landscape where the
mountain ends. I see wild life daily, though it is perhaps a luxury, its
protection, in a reasonable, circumference would preserve the paradise we
call Palm Springs that I am so grateful to live in.
Sincerely,
ROXaKWW KhQyk-
9 �/i ! r ` f
Ms. Nan Dickinson
Tahquitz Mesa Villas
1333 South Belardo Road `
Palm Springs,CA 92264 2013,1LI -5 Pjl 5: 12
May 5, 2013 CLE
To The Honorable City Council
City of Palm Springs,California
Re: Crescendo LLC
PDD 364 and TTM 36548
City Council Hearing June 5, 2013
To Whom It May Concern:
I feel there are a significant number of environmental and wildlife concerns with the proposed
project on Belardo Road, known as Dakota. The impact on both wildlife and the adjacent
residents will cause all to suffer from the development and construction of a residential
installation on that site. The open area should be preserved for the numerous and diverse
wildlife and plant species that live and use that area as access to the immediately adjacent wild
land expanse. The proximity to the continuous wild land area alone should be cause for a
special consideration, and revise, of this site. If that entire area is paved over, covered, and/or
developed it will kill numerous wildlife and plant species and cut off important wildlife access. 1
have observed a number of varied species, with their young in tow recently, within the
proposed building area. Wildlife is reproducing and thriving there. It is an important habitat
for them.
That being said, all of that cement will be ugly and create a great deal of heat. The impact of
squeezing so many units so close to, the immediately adjacent, Tahquitz Mesa Villas will create
uncomfortable, confining, and ugly living conditions for these existing residents.
We do not want such a packed-in project right on top of our homes. We heard nothing of this
proposed development until just days ago. Some of us only learned of the development
today. There is something not right about so many people knowing nothing of something that
will so greatly impact us all. Even if the rules were followed;one should question a process that
allows 103 residences, as well as the surrounding business, to go uninformed.
Finally, the idea of losing one of the beautiful open areas, that currently provide mountain
vistas to the immediately surrounding hotels, restaurants, and business is profoundly
concerning. These open areas and vistas are what make Palm Springs so special and
unique. The Dakota project is a step in the wrong direction.
Nan Dickinson
r
O�PALM S.o4 D
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V 1n J
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R f
q</PORN CITY COUNCIL STAFF REPORT o
DATE: June 5, 2013 PUBLIC HEARING
SUBJECT: CRESCENDO, LLC FOR A PLANNED DEVELOPMENT DISTRICT IN-
LIEU OF ZONE CHANGE (PDD 364, CASE 5.1297) TO ALLOW A TWO-
STORY, DETACHED SINGLE FAMILY RESIDENTIAL DEVELOPMENT Ill
AND A TENTATIVE TRACT MAP (TTM 36548) TO SUBDIVIDE 6.37
ACRES INTO 43 RESIDENTIAL LOTS, COMMON AREA PARCELS AND
PRIVATE STREETS LOCATED ON THE WEST SIDE OF BEALRDO, m
SOUTH OF MORONGO ROAD. (—
FROM: David H. Ready, City Manager O
BY: Department of Planning Services
m
SUMMARY
Z
The City Council will consider a Planned Development District in-lieu of change of zone —�
for the construction of 43 two-story, detached single family residences within a gated
community with private streets. A Tentative Tract Map (TTM 36548) is proposed to
subdivide the 6.37-acre lot into 43 residential lots, common area and private streets.
The project name is "Dakota."
RECOMMENDATION:
0)
1. Open the public hearing and receive public testimony.
2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE —
DECLARATION AND APPROVING CASE 5.1297 PDD 364 TO CONSTRUCT 43 t7
TWO-STORY, DETACHED SINGLE FAMILY RESIDENCES AND TENTATIVE
TRACT MAP 36548 FOR THE SUBDIVISION OF ROUGHLY 6.37-ACRES INTO 43
RESIDENTIAL LOTS, COMMON AREA AND PRIVATE STREETS LOCATED AT
ON THE WEST SIDE OF BELARDO ROAD, SOUTH OF MORONGO ROAD."
3. Waive reading and introduce by title only for first reading Ordinance No. , "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING PLANNED DEVELOPMENT DISTRICT PDD 364 IN
ITEM NO.
City Council Staff Report
June 5, 2013—Page 2
Case No. 5.1297 PDD 364&TTM 36548—Dakota
LIEU OF A CHANGE OF ZONE FOR A ROUGHLY 6.37 ACRE PARCEL ON THE
WEST SIDE OF BELARDO ROAD, SOUTH OF MORONGO ROAD." r
PRIOR ACTIONS: D
Z
On May 1, 2005, the property was acquired by the applicant.
Z
On April 18, 2007, the City Council approved a Planned Development District and m
Tentative Tract Map for a 66-unit clustered town-home complex, clubhouse and
recreation facility for the subject site. The project was known as "Edge at Belardo." v
On April 8, 2013, the Architectural Advisory Committee (AAC) reviewed and
unanimously voted to recommend approval of the project.
v
On May 8, 2013, the Planning Commission unanimously approved and recommended m
approval of the project to the City Council, subject to conditions attached to this report.
The Commission modified Conditions Nos. PLN 4 to require pedestrian access to site C
and PLN 19 to note that the hillside area will be dedicated to the City (instead of m
retained).
Ir—
BACKGROUND AND SETTING. O
The project site is located at the base of the San Jacinto Mountains. The terrain of the
existing site varies significantly. The triangularly-shaped lot is predominately flat until
reaching the mountain toe of slope on the westerly and southerly sides of the property.
Adjacent to the site, a curb and sidewalk exist on the west side of Belardo Road. m
r m
Z
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P,
SUBJECT SITE
02
City Council Staff Report
June 5, 2013—Page 3
Case No. 5.1297 PDD 364&TTM 36548—Dakota
Table 1: Surrounding land uses, General Plan, Zoning "G
r
North Apartment complex High Density Residential R-3 D
104 units
South Vacant/ mountains Open Space— Mountain 0-20 Z
East Shopping complex Neighborhood/ PD-131 Z
and vacant Community Commercial
West Vacant / mountains Open Space— Mountain 0-20 m
The applicant proposes to modify the terrain by cutting approximately 10,000 cubic
yards of dirt and filling roughly 18,000 cubic yards. Building pad elevations will raise
about fifteen feet from Belardo Road on the east to the mountain slope on the west.
Access to the site will include four entry points from Belardo Road and three of the four
will be controlled by gates.
There are two floor plans proposed. Plan A will be approximately 1,581 square feet in
m
size and contain a 471-square foot garage. Plan B is proposed at 1,821 square feet in
size and include a 488-square foot garage. Each plan includes the garage, living room, m
kitchen and a bathroom on the first floor and two bedrooms and private bathrooms on r
the second floor. All lots will have individual pools and spas. There are no community
pools or recreation areas.
The entire site and all individual lots will be enclosed by walls. The wall proposed along
Belardo Road will include a combination of a low planter terrace, retaining and garden
split-face CMU wall and glass panel, which will reach heights of up to ten feet above the
curb. m
Z
STAFF ANALYSIS:
--I
General Plan
HDR(High Density Residential 15-30 dwelling units/ac I Residential use at 6.37 d.u. /ac. Yes
Zoning — Uses & Lot Standards
Single Family Residential (SFR) SFR's proposed as a permitted No, per PDD N
specifically rohibited use on individual lots
Min. of 2,000 sq. ft. of lot area / unit 4,650 sq.ft. of lot area/per unit Yes
for multi-family
20,000 sq. ft. (7,500 sq. ft. typical 2,930 sq.ft. (Avg. 3,534 sq.ft.) No, per PDD
minimum lot size for R-1-D Zone
130 feet 31 feet No, per PDD
150 feet 92 feet No, per PDD
Density calculation based on exclusion of hillside slope areas in excess of 30% (approx. 77,513 sq. ft.),
pursuant to Section 93.13.00 of Zoning Code.
03
City Council Staff Report
June 5, 2013-Page 4
Case No. 5.1297 PDD 364 &TTM 36548- Dakota
Zoning - Building Development Standards
r
24 feet and 2 stories 24 feet and 2 stories Yes
D
rfeet 5 feet min. No, per PDD Z
5 feet min. No, per PDD
ver 12 feet in height 3 feet to 6 feet, 3 feet is typical No, per PDD Z
al setback to hei ht throu hout
5 feet to 10 feet No, per PDD m
ver 12 feet in height 28 feet to 41 feet Yes
ual setback to height
5 feet 3 feet No, per PDD
15 feet 6 feet No, per PDD
45% minimum usable landscape Overall (incl. hillside): 65% Yes 0
open space for R-3; however, open space.
typical R-1 max. lot coverage is Individual Lot Coverage: 34% M
35% Avg. with range of 21%to 41% <
2 spaces / single family 43 single family dwelling units Yes
residence require 86 covered parking m
spaces; 86 provided
Condos in a PDD: 1.5 spaces r
per 2 bdrm unit; plus 1 guest Guest parking requires 12
parking space for every 4 units spaces, 22 provided 0
Public Benefit Policv for Planned Development Districts
In September 2008, the City Council adopted a policy requiring that PDD's provide a M
specific "public benefit" proportionate to the nature, type and extent of the relief granted
from the development standards and requirements. Z
The applicant is seeking the following adjustments in the underlying develop standards
with the PDD:
• Permitting single-family residential in R-3 Zoning where specifically prohibited; v
• Modifying R-3 development standards as follows:
o Reduced minimum lot dimensions and sizes for single family residences —
from 7,500 square feet to an average of 3,534 square feet (minimum N
proposed lot size is 2,930 square feet and 5,653 square feet is the
maximum proposed lot size);
o Reduced garage, front and side yard setbacks;
o Reduced pool setbacks from 5 feet to 3 feet.
The applicant is proposing the following as the Public Benefit of the project: 0
• Project as public benefit: less intense use; activate development on Belardo
Road corridor to support commercial uses downtown; construction jobs and
future jobs
• Key features of the project: preserving open space / hillside area by dedicating
04
City Council Staff Report
June 5, 2013—Page 5
Case No. 5.1297 PDD 364 &TTM 36548—Dakota
hillside to the City.
r
REQUIRED FINDINGS:
D
Planned Development District in Lieu of a Change of Zone Z
Pursuant to PSZC Section 94.03.00 "Planned Development Districts in lieu of a Change
of Zone" findings shall be made in support of approval of the PDD application in Z
accordance with Section 94.07.00 (Zone Change) of the Zoning Code. Those findings m
are listed below with Staffs analysis.
v
1. The proposed change of zone is in conformity with the general plan
map and report. Any amendment of the general plan necessitated by the
proposed change of zone should be made according to the procedure set
forth in the State Planning Law either prior to the zone change, or notice may p
be given and hearings held on such general plan amendment concurrently m
with notice and hearings on the proposed change of zone.
C
The General Plan land use designation of the subject site is HDR (High Density m
Residential). The proposed project includes single family residences at a density of
6.37 dwelling units per net acre, which is well below the maximum density of 30 r
dwelling units permitted within the HDR land use designation. Thus, the proposed O
change of zone is in conformity with the General Plan map and report.
2. The subject property is suitable for the uses permitted in the proposed
zone, in terms of access, size of parcel, relationship to similar or related
uses, and other considerations deemed relevant by the commission and m
council.
Z
The density of the proposed project is much less than the R-3 zone permits. The --I
proposed site plan incorporates private streets that conform to the minimum widths
required. The project includes adequate means of emergency access. The project
proposes lot sizes that are adequate to provide usable outdoor space, including
small pools and spas. Thus, the project is deemed consistent with this finding.
3. The proposed change of zone is necessary and proper at this time, Cl)
is not likely to be detrimental to the adjacent property or residents.
The applicant proposes two-story single family dwelling units on small, individual lots in
a gated community. San Jacinto Mountains are located to the west and south of the
project site; multi-family residential exists to the north; and vacant land and a shopping
complex exist to the east. Although the high density residential land use designation 0
would also permit development of greater densities than that proposed, there is demand
in the new home market at this time to support this type of development. The use would
not be detrimental to adjacent property or residents in this area due to a less intense
project and zoning.
A draft set of conditions of approval are proposed in the attached Exhibit A.
05
City Council Staff Report
June 5, 2013—Page 6
Case No. 5.1297 PDD 364 &TTM 36548—Dakota
Tentative Tract Map r
Findings are required for the proposed subdivision pursuant to Section 66474 of the
Subdivision Map Act. These findings and a discussion of the project as it relates to D
these findings follow: Z
a. The proposed Tentative Tract Map is consistent with all applicable general and Z
specific plans. M
The TTM proposes individual residential lots with open space, common area and private
streets. The proposed density is well below the maximum permitted by the HDR
General Plan land use designation. Private streets will provide adequate access to
residents and emergency vehicles seeking entrance to individual properties. No
specific plans are associated with the subject property. p
b. The design and improvements of the proposed Tentative Tract Map are m
consistent with the zone in which the property is located. C
The proposed project design and improvements are generally not consistent with the R- M
3 zone in which the property is located. The PDD proposes a set of development r
standards and design details with smaller setbacks than would otherwise be required by
the underlying zone. The overall density is less than the minimum allowable for the
zone and the average lot size is smaller than required by the zone. Improvements
proposed include single family homes which are prohibited in the R-3 zone. The
applicant seeks approval to change the zone by permitting single family uses on these
specific parcels at this location. With the approval of the PDD, the project will be m
consistent with this finding. Z
c. The site is physically suited for this type of development.
The project site will be graded to accommodate the proposed development. Site
modifications include new private driveways to individual residential lots. Each lot is
proposed to accommodate a two-story residence. A total of 43 residences are
proposed on the 6.37-acre site. The site has adequate vehicular access with four _
proposed driveways to the public street, Belardo Road. The site is physically suited for N
this type of development.
d. The site is physically suited for the proposed density of development. Z1
The project proposes 43 single family dwelling units on approximately 6.37 acres or —
roughly 6.4 du/ac which is less than the allowable density under the General Plan. The 0
site abuts improved public streets with existing utilities and with 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.
06
City Council Staff Report
June 5, 2013—Page 7
Case No. 5.1297 PDD 364 &TTM 36548—Dakota
The Tentative Tract Map and associated Planned Development District have been r
reviewed under the California Environmental Quality Act, and a Mitigated Negative
Declaration is proposed. Mitigation measures have been included which will reduce D
potential impacts to less than significant levels. The site was partially developed for many Z
years, and does not include any natural habitat. The project will therefore not damage or
injure fish, wildlife or their habitats Z
M
f. The design of the subdivision or type of improvements is not likely to cause
serious public health problems. v
The design of the proposed subdivision includes connections to all public utilities including
water and sewer systems. The layout of internal private streets provides access to each
lot. p
g. The design of the subdivision or type of improvements will not conflict with m
easements, acquired by the public at large, for access through or use of the C
property within the proposed subdivision. m
There are no known public easements across the subject property; therefore the design of r
the subdivision will not conflict with easements for access through or use of the property. O
Any utility easements can be accommodated within the project design.
Ma
ENVIRONMENTAL DETERMINATION: ic
Pursuant to Section 15162 of the California Environmental Act (CEQA), the preparation m
of further environmental assessment is not necessary since the circumstances of the Z
project have not changed. The present request could not therefore, result in any new
environmental impacts beyond those already assessed in the adopted Mitigated --I
Negative Declaration (MND).
NOTIFICATION:
v
A notice was mailed to all listed property owners within a four hundred foot radius in _
accordance with state law. As of the writing of this staff report, staff has not received
any correspondence from the public.
FISCAL IMPACT: N fiscal impact.
n
'Mao o Wheeler David H. Ready, Es
Director of Planning Services City Manager
07
City Council Staff Report
June 5, 2013—Page 8
Case No. 5.1297 PDD 364 &TTM 36548—Dakota
Attachments:
- Vicinity Map r
- Draft Resolution and Conditions of Approval D
- Draft Ordinance for City Council for PDD in lieu of Change of Zone
- Site Plan, elevations, landscape plan, perspective images z
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ParcelsG
CITY OF PALM SPRINGS
CASE: 5.1297 PD 364 & DESCRIPTION: A request construct a 43-unit
TPM 36548 detached single-family residential development on
approximately 6.37 acres of vacant land located on
APPLICANT: Crescendo, LLC the west side of Belardo Road, south of Morongo
Road, Zone R-3, Section 22.
09
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED
NEGATIVE DECLARATION AND APPROVING CASE
5.1297 PDD 364 TO CONSTRUCT 43 TWO-STORY,
DETACHED SINGLE FAMILY RESIDENCES AND
TENTATIVE TRACT MAP 36548 FOR THE SUBDIVISION
OF ROUGHLY 6.37-ACRES INTO 43 RESIDENTIAL LOTS,
COMMON AREA AND PRIVATE STREETS LOCATED AT
ON THE WEST SIDE OF BELARDO ROAD, SOUTH OF
MORONGO ROAD.
WHEREAS, Crescendo, LLC. ("the Applicant') filed an application pursuant to
Zoning Section 94.07.00 (Zone Map Change / Change of Zone) and Section 94.03.00
(Planned Development District) for a Planned Development District (PDD) in lieu of
zone change to construct 43 two-story, detached single family residences on
approximately 6.37 acres located on the west side of Belardo Road, south of Morongo
Road, identified as APN 513-300-057; and
WHEREAS, the applicant submitted an application pursuant to Title 9 of the Palm
Springs Municipal Code and Section 66474 of the California Subdivision Map Act for
Tentative Tract Map 36548; and
WHEREAS, notice of a public hearing of the Planning Commission of the City of
Palm Springs to consider Case 5.1297 PD 364 and TTM 36548, was given in
accordance with applicable law; and
WHEREAS, on May 8, 2013, a public hearing on the applications was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, at said hearing 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 4-0 to approve the preliminary PDD in lieu of Change of Zone and to
recommend its approval by Ordinance of the City Council and approve the Tentative
Tract Map by Resolution, subject to Conditions of Approval; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms
of the California Environmental Quality Act ("CEQA") and an Initial Study was conducted
and the project was found to cause potentially significant impacts to the environment.
Mitigation measures have been proposed reducing any potentially significant impacts to
less than significant. The applicant has agreed in writing to all proposed mitigation
measures. A Notice of Intent to Adopt a Mitigated Negative Declaration was prepared
and circulated for public comment for a period of 20 days. No new information was
discovered that would require further analysis under CEQA; and
10
Resolution No.
Page 2
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1297 PDD 364 / TTM 36548, was given in accordance with
applicable law; and
WHEREAS, on June 5, 2013, a public hearing on the application for the project
was held by the City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the meetings on the project, including but not
limited to the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. Pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the City has prepared an environmental study and concluded that significant
adverse impacts may occur as a result of the project. A Mitigated Negative Declaration
for this project was previously adopted by the City Council on April 18, 2007. Pursuant
to Section 15162 of the California Environmental Quality Act (CEQA), the preparation of
further environmental assessment is not necessary since the proposed amendment
proposes a lower intensity project. The project as amended could not, therefore, result
in any new environmental impacts beyond those already identified and assessed in the
adopted mitigated negative declaration.
SECTION 2. Planned Development District Findings. Findings for a Planned
Development District in lieu of a Change of Zone are found in Zoning Code Section
93.07.00 (Change of Zone). The proposed project is evaluated against the findings as
follows:
a. The proposed planned development is consistent and in conformity
with the general plan and report.
The General Plan land use designation of the subject site is HDR (High
Density Residential). The proposed project includes single family residences at a
density of 6.37 dwelling units per net acre, which is well below the maximum
density of 30 dwelling units permitted within the HDR land use designation.
Thus, the proposed change of zone is in conformity with the General Plan map
and report.
b. The subject property is suitable for the uses permitted in the
proposed planned development district, in terms of access, size of parcel,
relationship to similar or related uses, and other relevant considerations.
The density of the proposed project is much less than the R-3 zone
permits. The proposed site plan incorporates private streets that conform to the
minimum widths required. The project includes adequate means of emergency
access. The project proposes lot sizes that are adequate to provide usable
., 11
Resolution No.
Page 3
outdoor space, including small pools and spas. Thus, the project is deemed
consistent with this finding.
C. The proposed establishment of the planned development district is
necessary and proper, and is not likely to be detrimental to adjacent
property or residents.
The applicant proposes two-story single family dwelling units on small,
individual lots in a gated community. San Jacinto Mountains are located to the
west and south of the project site; multi-family residential exists to the north; and
vacant land and a shopping complex exist to the east. Although the high density
residential land use designation would also permit development of greater
densities than that proposed, there is demand in the new home market at this
time to support this type of development. The use would not be detrimental to
adjacent property or residents in this area due to a less intense project and
zoning.
SECTION 3. Findings for the Tentative Tract Map. The findings required for the
proposed Tentative Map are pursuant to Section 66474 of the California Subdivision
Map Act. The project is evaluated against these findings as follows:
a. The proposed Tentative Tract Map is consistent with all applicable general
and specific plans.
The TTM proposes individual residential lots with open space, common
area and private streets. The proposed density is well below the maximum
permitted by the HDR General Plan land use designation. Private streets will
provide adequate access to residents and emergency vehicles seeking entrance
to individual properties. No specific plans are associated with the subject
property.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The proposed project design and improvements are generally not
consistent with the R-3 zone in which the property is located. The PDD proposes
a set of development standards and design details with smaller setbacks than
would otherwise be required by the underlying zone. The overall density is less
than the minimum allowable for the zone and the average lot size is smaller than
required by the zone. Improvements proposed include single family homes which
are prohibited in the R-3 zone. The applicant seeks approval to change the zone
by permitting single family uses on these specific parcels at this location. With
the approval of the PDD, the project will be consistent with this finding.
C. The site is physically suited for this type of development.
The project site will be graded to accommodate the proposed
12
Resolution No.
Page 4
development. Site modifications include new private driveways to individual
residential lots. Each lot is proposed to accommodate a two-story residence. A
total of 43 residences are proposed on the 6.37-acre site. The site has adequate
vehicular access with four proposed driveways to the public street, Belardo Road.
The site is physically suited for this type of development.
d. The site is physically suited for the proposed density of development.
The project proposes 43 single family dwelling units on approximately 6.37
acres or roughly 6.4 du/ac which is less than the allowable density under the
General Plan. The site abuts improved public streets with existing utilities and with
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 Tract Map and associated Planned Development District have
been reviewed under the California Environmental Quality Act, and a Mitigated
Negative Declaration is proposed. Mitigation measures have been included which
will reduce potential impacts to less than significant levels. The site was partially
developed for many years, 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 layout of internal private streets
provides access to each lot.
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 re-adopts a Mitigated Negative Declaration and approves preliminary
development plans for Case 5.1297 PDD 364, a Planned Development District 341
establishing the PDD in lieu of a Change of Zone; changing the zone / land use
classification from R-3 to PD 364; approving the Preliminary Development Plans; and,
approving Case TTM 36548 to subdivide the roughly 6.37 acres into 43 residental lots,
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Resolution No.
Page 5
common area and private streets, subject to the conditions contained in Exhibit A, which
is attached hereto and made a part of this resolution.
ADOPTED THIS 5TH DAY OF JUNE, 2013.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
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
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Resolution No.
Page 6
EXHIBIT A
Case No. 5.1297 PDD 364 and TTM 36548
"Dakota"
Planned Development District and Tentative Tract Map
West side of Belardo Road and South of Morongo Road
(1501 South Belardo Road)
June 5, 2013
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
(5.1297 PDD 364 TTM 36548); except as modified with the approved
Mitigation Monitoring Program and the conditions below;
ADM 2. Reference Documents. The site shall be developed and maintained in
accordance with the approved plans, date stamped (March 6, 2013), including
site plans, architectural elevations, exterior materials and colors, landscaping,
and grading on file in the Planning Division except as modified by the
approved Mitigation Measures and conditions below.
ADM 3. Conform to all Codes and Regulations. The project shall conform to the
conditions contained herein, all applicable regulations of the Palm Springs
Zoning Ordinance, Municipal Code, and any other City County, State and
Federal Codes, ordinances, resolutions and laws that may apply.
ADM 4. Minor Deviations. The Director of Planning or designee may approve minor
deviations to the project description and approved plans in accordance with
the provisions of the Palm Springs Zoning Code.
ADM 5. Tentative Map. This approval is for Tentative Tract Map 36548, date stamped
April 18, 2013. 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.
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ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the
City of Palm Springs, its agents, officers, and employees from any claim,
action, or proceeding against the City of Palm Springs or its agents, officers
or employees to attach, set aside, void or annul, an approval of the City of
Palm Springs, its legislative body, advisory agencies, or administrative
officers concerning Case 5.1297 PDD 364 TTM 36548. The City of Palm
Springs will promptly notify the applicant of any such claim, action, or
proceeding against the City of Palm Springs and the applicant will either
undertake defense of the matter and pay the City's associated legal costs or
will advance funds to pay for defense of the matter by the City Attorney. If the
City of Palm Springs fails to promptly notify the applicant of any such claim,
action or proceeding or fails to cooperate fully in the defense, the applicant
shall not, thereafter, be responsible to defend, indemnify, or hold harmless
the City of Palm Springs. Notwithstanding the foregoing, the City retains the
right to settle or abandon the matter without the applicant's consent but
should it do so, the City shall waive the indemnification herein, except, the
City's decision to settle or abandon a matter following an adverse judgment or
failure to appeal, shall not cause a waiver of the indemnification rights herein.
ADM 7. Maintenance and Repair. The property owner(s) and successors and
assignees in interest shall maintain and repair the improvements including
and without limitation all structures, sidewalks, bikeways, parking areas,
landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto
private property, in a first class condition, free from waste and debris, and in
accordance with all applicable law, rules, ordinances and regulations of all
federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the
recorded covenant agreement for the property if required by the City.
ADM 8. Time Limit on Approval. Approval of the (Planned Development District
(PDD) and Tentative Tract Map (TTM) 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 9. Right to Appeal. Decisions of an administrative officer or agency of the City
of Palm Springs may be appealed in accordance with Municipal Code
Chapter 2.05.00. Permits will not be issued until the appeal period has
concluded.
ADM 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of
the Municipal Code regarding public art. The project shall either provide
public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee
shall be based upon the total building permit valuation as calculated pursuant
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Resolution No.
Page 8
to the valuation table in the Uniform Building Code, the fee being 1/2% for
commercial projects or 1/4% for residential projects with first $100,000 of total
building permit valuation for individual single-family units exempt. Should the
public art be located on the project site, said location shall be reviewed and
approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in
lieu of a dedication, at the option of the City. The in-lieu fee shall be
computed pursuant to Ordinance No. 1632, Section IV, by multiplying the
area of park to be dedicated by the fair market value of the land being
developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit given by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No.
1632. In accordance with the Ordinance, the following areas or features shall
not be eligible for private park credit: golf courses, yards, court areas,
setbacks, development edges, slopes in hillside areas (unless the area
includes a public trail) landscaped development entries, meandering
streams, land held as open space for wildlife habitat, flood retention facilities
and circulation improvements such as bicycle, hiking and equestrian trails
(unless such systems are directly linked to the City's community-wide system
and shown on the City's master plan).
ADM 12. Tribal Fees Required. As the property is Indian reservation land, fees as
required by the Agua Caliente Band of Cahuilla Indians Tribal Council,
including any applicable habitat conservation plan fees shall be paid prior to
consideration of this project by the Planning Commission.
ADM 13. Comply with City Noise Ordinance. This use shall comply with the provisions
of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code.
Violations may result in revocation of this Conditional Use Permit.
ADM 14. CC&R's The applicant prior to issuance of building permits shall submit a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning for approval in a format to be approved by the City
Attorney. These CC&R's may be enforceable by the City, shall not be
amended without City approval, and shall require maintenance of all property
in a good condition and in accordance with all ordinances
ADM 15. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of
building permits, the applicant shall submit a draft declaration of covenants,
conditions and restrictions ("CC&R's") to the Director of Planning for approval
in a format to be approved by the City Attorney. The draft CC&R package
shall include:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and Restrictions to
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Resolution No.
Page 9
be recorded.
c. Provisions for joint access to the proposed parcels, and any open space
restrictions.
d. A provision, which provides that the CC&R's may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-interest.
Approved CC&R's are to be recorded following approval of the final map.
The CC&R's may be enforceable by the City, shall not be amended without
City approval, and shall require maintenance of all property in a good
condition and in accordance with all ordinances,
ADM 16. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm
Springs, a deposit in the amount of $3,500, for the review of the CC&R's by
the City Attorney. A $675 filing fee shall also be paid to the City Planning
Department for administrative review purposes
ADM 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the
Conditions of Approval for this project.
ENVIRONMENTAL ASSESSMENT CONDITIONS
ENV 1. Notice of Exemption. The project is exempt from the California Environmental
Quality Act (CEQA); therefore, an administrative fee of$64 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).
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. Mitigation Monitoring. The mitigation measures of the environmental
assessment shall apply. The applicant shall submit a signed agreement that
the mitigation measures outlined as part of the negative declaration or EIR
will be included in the plans prior to Planning Commission consideration of
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Resolution No.
Page 10
the environmental assessment. Mitigation measures are defined in the
approved project description.
ENV 4. 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 5. 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.
a). A Native American Monitor(s) shall be present during all ground disturbing
activities including clearing and grubbing, excavation, burial of utilities,
planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla
Indian Cultural Office for additional information on the use and availability of
Cultural Resource Monitors. Should buried cultural deposits be encountered,
the Monitor shall contact the Director of Planning. After consultation the
Director shall have the authority to halt destructive construction and shall
notify a Qualified Archaeologist to further investigate the site. If necessary,
the Qualified Archaeologist shall prepare a treatment plan for submission to
the State Historic Preservation Officer and Agua Caliente Cultural Resource
Coordinator for approval.
b). Two copies of any cultural resource documentation generated in
connection with this project, including reports of investigations, record search
results and site records/updates shall be forwarded to the Tribal Planning,
Building, and Engineering Department and one copy to the City Planning
Department prior to final inspection.
PLANNING DEPARTMENT CONDITIONS
PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a
photometric site plan showing the project's conformance with Section
93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance,
shall be submitted for approval by the Department of Planning prior to
issuance of a building permit. Manufacturer's cut sheets of all exterior lighting
on the building and in the landscaping shall be included. If lights are proposed
to be mounted on buildings, down-lights shall be utilized. No lighting of
hillsides is permitted.
PLN 2. Water Efficient Landscaping Conformance. The project is subject to the
Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs
Municipal Code and all other water efficient landscape ordinances. The
applicant shall submit a landscape and irrigation plan to the Director of
Planning for review and approval prior to the issuance of a building permit.
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Landscape plans shall be wet stamped and approved by the Riverside
County Agricultural Commissioner's Office prior to submittal. Prior to
submittal to the City, landscape plans shall also be certified by the local water
agency that they are in conformance with the water agency's and the State's
Water Efficient Landscape Ordinances.
PLN 3. Submittal of Final PDD. The Final Planned Development plans shall be
submitted in accordance with Section 94.03.00 (Planned Development
District) 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 and Planning
Department. Final Planned Development District applications must be
submitted within two (2) years of the City Council approval of the preliminary
planned development district.
PLN 4. Conditions Imposed from AAC Review. The applicant shall incorporate the
following comments from the review of the project by the City's Architectural
Advisory Committee:
a. Each gated area shall have pedestrian access to Belardo Road.
PLN 5. Sign Applications Required. No signs are approved by this action. Separate
approval and permits shall be required for all signs in accordance with Zoning
Ordinance Section 93.20.00. The applicant shall submit a sign program to
the Department of Planning Services prior to the issuance of building permits.
PLN 6. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must
conform to California Title 24 thermal standards for "Cool Roofs". Such roofs
must have a minimum initial thermal emittance of 0.75 or a minimum SRI of
64 and a three-year aged solar reflectance of 0.55 or greater. Only matte
(non-specular) roofing is allowed in colors such as beige or tan.
PLN 7. Maintenance of Awnings & Projections. All awnings shall be maintained and
periodically cleaned.
PLN 8. Screen Roof-mounted Equipment. All roof mounted mechanical equipment
shall be screened per the requirements of Section 93.03.00 of the Zoning
Ordinance.
PLN 9. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be
permitted on any facade on the proposed building(s) that are visible from
adjacent streets or residential and commercial areas.
PLN 10. Pool Enclosure Approval Required. Details of fencing or walls around pools
(material and color) and pool equipment areas shall be submitted for approval
by the Planning Department prior to issuance of Building Permits.
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PLN 11. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of
signalization will be permitted, except approved alarm systems.
PLN 12, Outside Storage Prohibited. No outside storage of any kind shall be
permitted except as approved as a part of the proposed plan.
PLN 13. 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 14. Bicycle Parking. The project shall be required to provide secure bicycle
parking facilities on site for use by residents and guests. Location and design
shall be approved by the Director of Planning.
PLN 15. 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. The document to convey title.
b. Deed restrictions, easements, covenant conditions and restrictions that
are to be recorded.
c. The approved documents shall be recorded at the same time that the
subdivision map is recorded. The documents shall contain provisions for
joint access to the proposed parcels and open space restrictions. The
approved documents shall contain a provision which provides that they
may not be terminated or substantially amended without the consent of
the City and the developer's successor-in-interest.
PLN 16. Update of City's Zoning Map. Upon approval of the proposed Change of
Zone, Tract Map and/or Planned Development District, the applicant shall be
responsible for costs associated with update of the City's GIS based zoning
maps.
PLN 17. Development Standards.
Setbacks for individual lots shall be as follows:
a. Front Yard: 5 feet
b. Side Yards: 3 feet
c. Street Side Yards: 5 feet
d. Rear Yard: 28 feet
e. Pool/spa setbacks: 3 feet
Distance Between Buildings: 6 feet
PLN 18. Hillside Open Space. The hillside area shown as Lot HH on TTM 36548 shall
be dedicated as open space.
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PLN 19. (add any additional conditions imposed by the Planning Commission or City
Council here)
POLICE DEPARTMENT CONDITIONS
POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security
Codes" of the Palm Springs Municipal Code.
BUILDING DEPARTMENT CONDITIONS
BLD 1. Prior to any construction on-site, all appropriate permits must be secured.
ENGINEERING DEPARTMENT CONDITIONS
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
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 plans shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 3. The applicant shall be required to construct asphalt concrete paving for
streets in two separate lifts. The final lift of asphalt concrete pavement shall
be postponed until such time that on-site construction activities are complete,
as may be determined by the City Engineer. Paving of streets in one lift prior
to completion of on-site construction will not be allowed, unless prior
authorization has been obtained from the City Engineer. Completion of
asphalt concrete paving for streets prior to completion of on-site construction
activities, if authorized by the City Engineer, will require additional paving
requirements prior to acceptance of the street improvements, including, but
not limited to: removal and replacement of damaged asphalt concrete
pavement, overlay, slurry seal, or other repairs, as required by the City
Engineer.
BELARDO ROAD
ENG 4. Dedicate a property line - corner cut back at each side of the Street "A"
intersection with Belardo Road in accordance with City of Palm Springs
Standard Drawing No. 105.
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ENG 5. Dedicate abutters rights of access to Belardo Road along the entire frontage
of the project, excluding the four approved access points; vehicular access to
Belardo Road shall be prohibited except through the four approved access
points.
ENG 6. Remove existing street improvements as necessary to construct a Main Entry
and new street intersection (Street "A") located approximately 110 feet south
of the north site property line. The Main Entry shall be constructed with 25
feet radius curb returns and Type A curb ramps meeting current California
State Accessibility standards at the northwest and southwest corners of the
intersection of Belardo Road and Street "A" in accordance with City of Palm
Springs Standard Drawing No. 200 & 206, and 212, respectively.
ENG 7. Remove existing street improvements as necessary to construct three
driveway approaches in accordance with City of Palm Springs Standard
Drawing No. 201. Construct a driveway approach (26 feet wide) at the
southeast end of Street "B"; construct a driveway approach (25 feet wide)
approximately 165 feet south of the centerline of the Street "B" driveway
approach for the benefit of access to residential Lots 40, 41, and 42; construct
a driveway approach (16 feet wide) approximately 295 feet south of the
centerline of the Street "B" driveway approach for the benefit of access to
residential Lot 43.
ENG 8. All broken or off grade street improvements along the project frontage shall
be repaired or replaced.
ON-SITE PRIVATE STREETS
ENG 9. Dedicate an easement for public utility purposes, including sewers, with the
right of ingress and egress for service and emergency vehicles and personnel
over the proposed private streets.
ENG 10. Street "A" shall be two-way with a minimum travelway width of 30 feet, and
shall be constructed with standard 6 inch curb and gutter, a wedge curb, a
mow strip at roadway grade, or other approved curbs along both sides of the
street, and a centerline gutter, as necessary to accept and convey street
surface drainage of Street "A" to the drainage system, in accordance with
applicable City standards. Construct a Type B2 gutter, modified to 3 feet
wide, along the centerline of Street "A" in accordance with City of Palm
Springs Standard Drawing No. 200.
ENG 11. Streets "B" through "D° shall be two-way with a minimum travelway width of
25 feet, and shall be constructed with standard 6 inch curb and gutter, a
wedge curb, a mow strip at roadway grade, or other approved curbs on both
sides of the streets, and a centerline gutter, as necessary to accept and
convey street surface drainage of the on-site streets to the drainage system,
in accordance with applicable City standards. Construct a Type B2 gutter,
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Page 15
modified to 3 feet wide, along the centerlines of the on-site private Streets "B"
through "D" in accordance with City of Palm Springs Standard Drawing No.
200.
ENG 12. The minimum pavement section for all on-site pavement shall be 2-1/2 inches
asphalt concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal,
between the edges of the proposed gutters (or mow strips) of the on-site
private streets. If an alternative pavement section is proposed, the proposed
pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
ENG 13. Parking shall be restricted along both sides of the on-site private streets, as
necessary to maintain a minimum 24 feet wide clear two-way travel way.
Alternatively, the guest parking areas scattered throughout the development,
shall be used in lieu of on-street parallel parking. Regulatory Type R26 "No
Parking" signs or red curb shall be installed along the private streets as
necessary to enforce parking restrictions. The Home Owners Association
(HOA) shall be responsible for regulating and maintaining required no parking
restrictions, which shall be included in Covenants, Conditions, and
Restrictions (CC&Rs) required for the development.
ENG 14. The gated Main Entry on Belardo Road is subject to review and approval by
the City Engineer and Fire Marshall. The applicant shall provide an exhibit
showing truck turning movements around the Main Entry, demonstrating the
ability of standard size vehicles to maneuver through the entry (without
reversing) if unable to enter the project. A minimum of 50 feet shall be
provided between the back of sidewalk on Belardo Road and the gated entry
directory/control panel, with an approved maneuvering area provided
between the directory/control panel and the entry gates. The ingress and
egress lanes shall be a minimum of 20 feet wide, unless otherwise approved
by the Fire Marshall. A Knox key operated switch shall be installed at every
automatic gate. Secured automated vehicle gates or entries shall utilize a
combination of a Tomar StrobeswitchT", or approved equal, and an approved
Knox key electric switch when required by the fire code official. Secured non-
automated vehicle gates or entries shall utilize an approved padlock or chain
(maximum link or lock shackle size of inch) when required by the fire code
official. In the event of a power failure, the gates shall be defaulted or
automatically transferred to a fail safe mode allowing the gate to be pushed
open without the use of special knowledge or any equipment. If a two-gate
system is used, the override switch must open both gates.
ENG 15. The gated entry at Street "B" shall be for egress only.
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SANITARY SEWER
ENG 16. All sanitary facilities shall be connected to the public sewer system. New
laterals shall not be connected at manholes.
ENG 17. Submit sewer improvement plans prepared by a California registered civil
engineer to the Engineering Division. The plans shall be approved by the City
Engineer prior to issuance of any building permits.
ENG 18. The proposed connection of the sewer system to the existing private sewer
manhole in Belardo Road, and the existing private sewer system across the
Plaza Del Sol Shopping Center is not approved. The existing on-site private
sewer system in the Plaza Del Sol Shopping Center is not an approved public
sewer system. As necessary to provide public sewer service to Tentative
Tract Map 36548, the applicant shall construct one of the following
alternatives:
Alternative A: The applicant may extend an 8 inch V.C.P. sewer main in
Morongo Road from the existing terminal sewer manhole located
approximately 100 feet east of S. Palm Canyon Drive extending westerly to
Belardo Road; and in Belardo Road from Morongo Road extending southerly
to the proposed public sewer manhole located adjacent to the northeast
corner of the TM36548 site; the proposed on-site public sewer system shall
connect to this proposed sewer manhole. An alternative sewer alignment,
within public rights-of-way may be approved by the City Engineer. If this
alternative is constructed, the existing on-site private sewer system servicing
the Plaza Del Sol Apartments (Assessor's Parcel No. 513-300-045), shall be
connected to the extended public sewer system within Belardo Road; the
existing terminal manhole and 8 inch V.C.P. sewer main extending to Belardo
Road from the Plaza Del Sol Shopping Center shall be removed to a point
within the Plaza Del Sol Shopping Center, as required by the City Engineer.
Alternative B: The applicant may construct a public sewer main from the
Street "B" driveway across Belardo Road to Tribal Allottee Parcel 67B within
that parcel identified by Assessor's Parcel No. 513-300-038 (Plaza Del Sol
Shopping Center) a minimum of 10 feet away from the most southern portion
of the Steinmart Building and connect to a proposed sewer manhole on the
west side of S. Palm Canyon Drive. A public sewer easement shall be
attained across the Tribal Allottee parcel 67B for the Alternative B public
sewer main. When public dedications of easements or rights-of-way over
Tribal Allottee land are required, the applicant shall be responsible for
compliance with all Bureau of Indian Affairs (BIA) requirements, including
payment of any BIA fees, obtaining appraisals and payment of just
compensation to the underlying owner. It is the applicant's responsibility to
determine what additional costs or other requirements may be necessary to
obtain any required public dedications as identified by the City for this
development. Required public dedications for easements or rights-of-way are
"without limitation as to tenure"; easements granted with a defined term, or
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Resolution No.
Page 17
made in connection with an underlying Indian Land Lease, shall not be
accepted. Upon completion of Alternative B improvements by the applicant,
and as a condition of acceptance by the City Engineer, the applicant shall
prepare for the City Engineer's approval, an Affidavit of Completion in
accordance with Section 169.16, Title 25, of the Code of Federal Regulations,
for any improvements constructed by the applicant for which an easement
was dedicated to the City through the Bureau of Indian Affairs. The Affidavit
of Completion shall be provided to and approved by the City Engineer prior to
final acceptance of the project, including issuance of a final certificate of
occupancy. The applicant shall be responsible for obtaining the necessary
form for the Affidavit of Completion from the Palm Springs Agency of the
Bureau of Indian Affairs, and for having it completed as necessary by the
applicant's Engineer of Record.
ENG 19. Construct an 8 inch V.C.P. sewer main across the entire on-site private street
frontages located 5 feet from centerline or as required by the City Engineer
and connect to the extended public sewer system in Belardo Road at the
northeast corner of the site or alternatively, connect to an extended public
sewer system going from the project from the "B" Street driveway across
Belardo Road to the Plaza Del Sol Shopping Center onto Tribal Allottee
Parcel 67B. All sewer mains constructed by the applicant and to become part
of the public sewer system shall be digitally video recorded by the City prior to
acceptance of the sewer system for maintenance by the City. A computer disc
of the video recording shall be provided to the City Engineer for review. Any
defects of the sewer main shall be removed, replaced, or repaired to the
satisfaction of the City Engineer prior to acceptance.
ENG 20. The applicant shall dedicate a 15 feet wide public sewer easement across Lot
1, common area Lot 43, and residential Lots 40, 42, and 43. The required
sewer easements shall be located entirely within the named lots. The
easement shall be kept clear and free of any and all obstructions to allow for
the continued operation and maintenance of the proposed public sewer main
within the easements. Construction of permanent structures, swimming pools
and equipment, or other improvements determined to be an obstruction of the
public sewer easement shall not be allowed. Planting of large trees or other
planting material with invasive or deep root structures shall be restricted.
Access to the public sewer easements from Belardo Road, Street "B", and the
two southern driveways shall be maintained, including, if necessary, 15 feet
wide gates with lock and access provided to the City of Palm Springs sewer
maintenance personnel. Provisions for the maintenance of the public sewer
easements, acceptable to the City Engineer, shall be included in the CC&Rs
for the tract. Notice shall be clearly included in the CC&Rs defining
restrictions of development within the easements.
ENG 21. Provisions for maintenance of the public sewer easements, acceptable to the
City Engineer, shall be included in the Codes, Covenants, and Restrictions
(CC&Rs) required for this development. Notice shall be clearly included in the
CC&Rs defining the restrictions of development within the easements across
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Resolution No.
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Lot 1, common area Lot AA, and residential Lots 40, 42, and 43. The CC&Rs
shall advise the property owners of the City's right to enter the site, clear and
remove any and all improvements and/or obstructions within the easements,
and give the City the right to charge all costs incurred in enforcing this
provision to the owners of Lots 1, common area Lot AA, and residential Lots
40, 42, and 43. The CC&Rs shall also advise the property owners of the fact
that the City is not required to replace in like kind, any landscaping or other
improvements within the public sewer easements in the event repair or
replacement of the existing sewer main is required, and that the City shall be
limited to leaving the property in a rough graded condition following any such
repair or replacement.
ENG 22. Applicant shall construct an 8 inch V.C.P. sewer main across the entire on-
site private street frontages located 5 feet from centerline or as required by
the City Engineer and connect to the extended public sewer system in
Belardo Road adjacent to the northeast corner of the TTM36548 site or
alternatively, to connect to the proposed public sewer main across the Tribal
Allottee parcel running easterly to the proposed public sewer manhole on the
west side of S. Palm Canyon Drive. The on-site sewer system will not be
accepted for public maintenance until the system has been accepted by the
City.
ENG 23. Upon completion of the construction of public sewer lines, an as-built drawing
in digital format shall be provided to the City as required by the City Engineer,
if the sewer was not constructed in accordance with the original approved
sewer plans.
GRADING
ENG 24. Common space Lot HH shall not be graded by applicant. A Grading plan
submitted to the City Engineer for review and approval shall incorporate this
grading restriction. Lot HH shall be dedicated to the City on the Final Map for
open space, recreation, or other purposes, as approved by the City Engineer.
ENG 25. Submit a Precise Grading & Paving Plan prepared by a California registered
Civil engineer to the Engineering Division for review and approval. The
Precise Grading Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its
grading contractor and submitted to the Engineering Division for review
and approval. The applicant and/or its grading contractor shall be required
to comply with Chapter 8.50 of the City of Palm Springs Municipal Code,
and shall be required to utilize one or more "Coachella Valley Best
Available Control Measures' as identified in the Coachella Valley Fugitive
Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its
contractor's Fugitive Dust Control Plan shall be prepared by staff that has
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Resolution No.
Page 19
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 Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Tentative
Tract Map; a copy of current Title Report; a copy of Soils Report; a copy of
the associated Hydrology Study/Report; and a copy of the project-specific
Final Water Quality Management Plan.
ENG 26. Prior to approval of a Grading Plan or issuance of any 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 27. 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 28. 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 29. 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.
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Resolution No.
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ENG 30. Prior to issuance of grading permit, the applicant shall provide verification to
the City that the Tribal Habitat Conservation Plan (THCP) fee has been paid
to the Agua Caliente Band of Cahuilla Indians in accordance with the THCP.
ENG 31. In accordance with the Geologic Evaluation for Rock Fall Hazard Report
prepared by Earth Systems, dated June 9, 2006, the following mitigation
measures shall be required:
a. The proposed retaining wall along the toe of slope of the mountains shall
be utilized as a debris wall. The wall shall have a minimum of 2 feet of
freeboard with a v-channel constructed on the slope-facing side to
manage stormwater runoff. The v-channel shall require routine
maintenance to clean accumulated debris that may roll or wash down the
slope and collect behind the wall. Provisions for maintenance of the v-
channel shall be included in the Codes, Covenants, and Restrictions
(CC&Rs) required for this development.
b. Structure setbacks shall be a minimum of 10 feet from the toe of slope.
ENG 32. Drainage swales shall be provided adjacent to all curbs and sidewalks to
keep nuisance water from entering the public streets, roadways, or gutters.
ENG 33. A Notice of Intent (NOI) to comply with the California General Construction
Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified
September 2, 2009) is required for the proposed development via the
California Regional Water Quality Control Board online SMARTS system. A
copy of the executed letter issuing a Waste Discharge Identification (WDID)
number shall be provided to the City Engineer prior to issuance of a grading
or building permit.
ENG 34. This project requires the preparation and implementation of a stormwater
pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs
shall include a post-construction management plan (including Best
Management Practices) in accordance with the current Construction General
Permit. Where applicable, the approved final project-specific Water Quality
Management Plan shall be incorporated by reference or attached to the
SWPPP as the Post-Construction Management Plan. A copy of the up-to-
date SWPPP shall be kept at the project site and be available for review upon
request.
ENG 35. 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 36. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the
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Resolution No.
Page 21
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 37. 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. No certificate of
occupancy will be issued until the required certification is provided to the City
Engineer.
ENG 38. The applicant shall provide pad elevation certifications for all building pads in
conformance with the approved grading plan, to the Engineering Division prior
to construction of any building foundation.
ENG 39. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the
export of soil will be required to present a clearance document from a
Department of Food and Agriculture representative in the form of an approved
"Notification of Intent To Move Soil From or Within Quarantined Areas of
Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to
approval of the Grading Plan. The California Department of Food and
Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert
(Phone: 760-776-8208).
WATER QUALITY MANAGEMENT PLAN
ENG 40. This project shall be required to install measures in accordance with
applicable National Pollution Discharge Elimination System (NPDES) Best
Management Practices (BMP's) included as part of the NPDES Permit issued
for the Whitewater River Region from the Colorado River Basin Regional
Water Quality Control Board (RWQCB). The applicant is advised that
installation of BMP's, including mechanical or other means for pre-treating
contaminated stormwater and non-stormwater runoff, shall be required by
regulations imposed by the RWQCB. It shall be the applicant's responsibility
to design and install appropriate BMP's, in accordance with the NPDES
Permit, that effectively intercept and pre-treat contaminated stormwater and
non-stormwater runoff from the project site, prior to release to the City's
municipal separate storm sewer system ("MS4"), to the satisfaction of the City
Engineer and the RWQCB. Such measures shall be designed and installed
on-site; and provisions for perpetual maintenance of the measures shall be
provided to the satisfaction of the City Engineer, including provisions in
Covenants, Conditions, and Restrictions (CC&Rs) required for the
development.
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Resolution No.
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ENG 41. A Final Project-Specific Water Quality Management Plan (WQMP) shall be
submitted to and approved by the City Engineer prior to issuance of a grading
or building permit. The WQMP shall address the implementation of
operational Best Management Practices (BMP's) necessary to accommodate
nuisance water and storm water runoff from the site. Direct release of
nuisance water to the adjacent property or public streets is prohibited.
Construction of operational BMP's shall be incorporated into the Precise
Grading and Paving Plan.
ENG 42. Prior to issuance of any grading or building permits, the property owner shall
record a "Covenant and Agreement" with the County-Clerk Recorder or other
instrument on a standardized form to inform future property owners of the
requirement to implement the approved Final Project-Specific WQMP. Other
alternative instruments for requiring implementation of the approved Final
Project-Specific WQMP include: requiring the implementation of the Final
Project-Specific WQMP in Home Owners Association or Property Owner
Association Covenants, Conditions, and Restrictions (CC&Rs); formation of
Landscape, Lighting and Maintenance Districts, Assessment Districts or
Community Service Areas responsible for implementing the Final Project-
Specific WQMP; or equivalent. Alternative instruments must be approved by
the City Engineer prior to the issuance of any grading or building permits. .
ENG 43. Prior to issuance of certificate of occupancy or final City approvals, the
applicant shall:
(a) demonstrate that all structural BMP's have been constructed and installed
in conformance with approved plans and specifications;
(b) demonstrate that applicant is prepared to implement all non-structural
BMP's included in the approved Final Project-Specific WQMP, conditions
of approval, or grading/building permit conditions; and
(c) demonstrate that an adequate number of copies of the approved Final
Project-Specific WQMP are available for the future owners (where
applicable).
DRAINAGE
ENG 44. 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. The applicant shall obtain approval from Riverside County
Flood Control & Water Conservation District (RCFC) for connection of
proposed storm drain improvements to the existing regional flood control
system identified as Palm Springs Line 28-B. Verification of the capacity of
Palm Springs Line 28-B for the additional stormwater runoff accepted and
conveyed by Tentative Tract Map 36548 shall be determined, subject to
review and approval by RCFC and the City Engineer. RCFC approval shall
be required for any connection of proposed storm drain facilities to the
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Resolution No.
Page 23
existing RCFC facility. The applicant shall be required to obtain an
Encroachment Permit from RCFC for connection of proposed storm drain
improvements to Palm Springs Line 28-13. A copy of the Encroachment
Permit shall be provided to the City Engineer, prior to approval of on-site
storm drain improvement plans.
ENG 45. The Preliminary Hydrology Analysis for Tentative Tract No. 36548, prepared
by Sanborn A/E, Inc., dated March, 2013, shall be finalized to determine the
volume of increased stormwater runoff due to development of the site, and to
determine required stormwater runoff mitigation measures for the proposed
development. Final storm drain system sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
final hydrology analysis by the City Engineer and may require redesign or
changes to site configuration or layout consistent with the findings of the final
hydrology analysis. In the event additional capacity is unavailable within
Palm Springs Line 28-13, the applicant shall be required to revise the
Hydrology Analysis to identify additional stormwater runoff mitigation
measures necessary to contain the increased stormwater runoff generated
from Tentative Tract Map 36548.
ENG 46. Submit storm drain improvement plans for all on-site storm drainage system
facilities for review and approval by the City Engineer.
ENG 47. Construct drainage improvements, including but not limited to catch basins,
and storm drain lines, for drainage of on-site streets, as described in the
Preliminary Hydrology Analysis for Tentative Tract No. 36548, prepared by
Sanborn A/E, Inc., dated March, 2013. The hydrology analysis for Tentative
Tract Map 36548 shall be amended to include catch basin sizing and storm
drain pipe sizing, and other specifications for construction of required on-site
storm drainage improvements.
ENG 48. All on-site storm drain systems shall be privately maintained by a
Homeowners Association (HOA). Provisions for maintenance of the on-site
storm drain systems acceptable to the City Engineer shall be included in
Covenants, Conditions and Restrictions (CC&Rs) required for this project.
ENG 49. 15 feet wide easements for storm drainage purposes shall be reserved over
Lots 1 through 10, common area lots DD (on each side of the Main Entry),
residential Lots 21, 24 and 25, 26 and 27, 33 and 34, common area Lots AA
and BB, and residential Lot 38 and 39, and Lot 40 through Lot 43 (or others,
as may be required) for those portions of the on-site private storm drain
system that cross individual lots.
ENG 50. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $7,271.00 per acre per Resolution
No. 15189. Fees shall be paid prior to issuance of a building permit. Drainage
fees may be waived upon verification of prior costs paid related to the
construction of the Palm Springs Storm Drain Line, Lateral 28B.
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Resolution No.
Page 24
GENERAL
ENG 51. 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 52. All proposed utility lines shall be installed underground.
ENG 53. All existing utilities shall be shown on the improvement plans for the project.
The existing and proposed service laterals shall be shown from the main line
to the property line.
ENG 54. 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 by the City Engineer.
ENG 55. 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 56. 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 57. 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.
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Resolution No.
Page 25
MAP
ENG 58. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review
and approval. A Title Report prepared for subdivision guarantee for the
subject property, the traverse closures for the existing parcel and all lots
created therefrom, and copies of record documents shall be submitted with
the Final Map to the Engineering Division as part of the review of the Map.
The Final Map shall be approved by the City Council prior to issuance of
building permits.
ENG 59. A copy of draft Covenants, Conditions and Restrictions (CC&Rs) shall be
submitted to the City Attorney for review and approval for any restrictions
related to the Engineering Division's recommendations. The CC&Rs shall be
approved by the City Attorney prior to approval of the Final Map, or in the
absence of a Final Map, shall be submitted and approved by the City Attorney
prior to issuance of Certificate of Occupancy.
ENG 60. 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 61. A minimum of 48 inches of clearance for handicap accessibility shall be
provided on public sidewalks. Minimum clearance on public sidewalks shall
be provided by either an additional dedication of a sidewalk easement (if
necessary) and widening of the sidewalk, or by the relocation of any
obstructions within the public sidewalk along the Belardo Road frontage of the
subject property.
ENG 62. 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.
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Resolution No.
Page 26
ENG 63. Applicant shall restripe the bike lane using thermoplastic material along the
project frontage on the west side of Belardo Road. 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.
ENG 64. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at the intersection of Belardo Road and the Main Entry, as well
as at the Street "B" driveway access south of the Main Entry, in accordance
with City of Palm Springs Standard Drawing Nos. 620-625 and 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,
as required by the City Engineer.
ENG 65. If identified by a name, install a street name sign at the intersection of Belardo
Road and the Main Entry in accordance with City of Palm
Springs Standard Drawing Nos. 620 through 625 and 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, as
required by the City Engineer.
ENG 66. Install stop controls at on-site street intersections, as may be required by the
City Engineer. Stop signs within the development may be customized,
provided the sign maintains the minimum standards for stop signs in 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, subject to review and approval by the City Engineer.
ENG 67. The applicant shall provide and install two 9,500 lumen high pressure sodium
vapor decorative safety street lights with glare shields on marbelite poles on
the comer of Belardo Road and the Main Entry with the mast
arm over Belardo Road. The decorative nature of the street lights shall be
similar to the style within the project or within the Plaza Del Sol Shopping
Center. The applicant shall coordinate with Southern California Edison for
required permits and work orders necessary to provide electrical service to
the street lights.
ENG 68. 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 69. This property is subject to the Transportation Uniform Mitigation Fee which
shall be paid prior to issuance of building permit.
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Resolution No.
Page 27
FIRE DEPARTMENT CONDITIONS
GENERAL CONDITIONS
These Fire Department conditions may not provide all requirements. Detailed plans are
still required for review.
FID 1 These conditions are subject to final plan check and review. Initial fire
department conditions have been determined on the site plan dated February
21, 2013 . Additional requirements may be required at that time based on
revisions to site plans.
FID 2 Fire Department Conditions were based on the 2010 California Fire Code.
Four complete sets of plans for private fire service mains, fire alarm, or fire
sprinkler systems must be submitted at time of the building plan submittal.
FID 3 Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan or drawing,
and an electronic version in an industry standard file format capable of being
used in a geographical information system (GIS) preferably an ESRI shape
file(s) shall be provided to the fire department. The GIS file shall be projected
in the California State Plane Zone VI coordinate system and capable of being
re-projected into the North American Datum 1983 coordinate system. PDF
files by themselves will not meet this requirement. The GIS and ESRI shape
file(s) shall clearly show all access points, fire hydrants, KNOXTm box
locations, fire department connections, dwelling unit or suite identifiers, main
electrical panel location(s), sprinkler riser and fire alarm locations. Industry
standard symbols used in emergency management and pre-fire planning are
encouraged. Large projects may require more than one page. AutoCAD files
will be accepted but must be approved prior to acceptance.
FID 4 PLANS AND PERMITS
When there are significant changes in occupancy, water supply, storage
heights, type, and quantity of storage, storage configurations, Tenant
Improvements or any other changes which may affect the fire sprinkler
system design, the owner, tenant or contractor shall submit plans and secure
permits.
Complete plans for private fire service mains or fire sprinkler systems should
be submitted for approval well in advance of installation. Plan reviews can
take up to 20 working days. Submit a minimum of four(4) sets of drawings for
review. Upon approval, the Fire Prevention Bureau will retain two sets.
Plans shall be submitted to:
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Resolution No.
Page 28
City of Palm Springs
Building and Safety Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Counter Hours: M — TH, 8:00 AM — 11:00 AM and 2:00 PM — 6:00 PM
A deposit for Plan Check and Inspection Fees is required at the time of Plan
Submittal. The minimum fee is $ 208.00. These fees are established by
Resolution of the Palm Springs City Council.
Complete listings and manufacturers technical data sheets for all system
materials shall be included with plan submittals. All system materials shall be
UL listed or FM approved for fire protection service and approved by the Fire
Prevention Bureau prior to installation.
Plans shall indicate all necessary engineering features, including all hydraulic
reference nodes, pipe lengths and pipe diameters as required by the
appropriate codes and standards. Plans and supportive data (calculations
and manufacturer's technical data sheets) shall be submitted with each plan
submittal. Complete and accurate legends for all symbols and abbreviations
shall be provided on the plans.
Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an
electronic CAD version shall be provided to the fire department. This shall
clearly show all access points, fire hydrants, knox box locations, fire
department connections, unit identifiers, main electrical panel locations,
sprinkler riser and fire alarm locations. Large projects may require more than
one page.
FID 5 Public Safety CFD: The Project will bring a significant number of additional
residents to the community. The City's existing public safety and recreation
services, including police protection, criminal justice, fire protection and
suppression, ambulance, paramedic, and other safety services and recreation,
library, cultural services are near capacity. Accordingly, the City may
determine to form a Community Services District under the authority of
Government Code Section 53311 et seq, or other appropriate statutory or
municipal authority. Developer agrees to support the formation of such
assessment district and shall waive any right to protest, provided that the
amount of such assessment shall be established through appropriate study and
shall not exceed $500 annually with a consumer price index escalator. The
district shall be formed prior to sale of any lots or a covenant agreement shall
be recorded against each parcel, permitting incorporation of the parcel in the
district.
FID 6 Access During Construction (CFC 503): Access for firefighting equipment
shall be provided to the immediate job site at the start of construction and
maintained until all construction is complete. Fire apparatus access roads
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Resolution No.
Page 29
shall have an unobstructed width of not less than 20 feet and an
unobstructed vertical clearance of not less than 13'6". Fire Department
access roads shall have an all-weather driving surface and support a
minimum weight of 73,000 lbs.
FID 7 Access Road Dimensions (CFC 503.2.1): Fire apparatus access roads shall
have an unobstructed width of not less than 20 feet and an unobstructed
vertical clearance of not less than 13'6". Fire Department access roads shall
have an all-weather driving surface and support a minimum weight of 73,000
lbs.
FID 8 Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates shall have
a clear width of at least 15 feet and be equipped with a frangible chain and
padlock.
FID 9 Security Gates (CFC 503.6): The installation of security gates across a fire
apparatus access road shall be approved by the Fire Chief. Where security
gates are installed, they shall have an approved means of emergency
operation. The security gates and the emergency operation shall be
maintained operational at all times. Electric gate operators, where provided,
shall be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed and installed to comply with the
requirements of ASTM F 2200 and an approved Knox key electric switch.
Secured non-automated vehicle gates or entries shall utilize an approved
padlock or chain (maximum link or lock shackle size of '/4 inch). Approved
security gates shall be a minimum of 14 feet in unobstructed drive width on
each side with gate in open position.
In the event of a power failure, the gates shall be defaulted or automatically
transferred to a fail safe mode allowing the gate to be pushed open without
the use of special knowledge or any equipment. If a two-gate system is used,
the override switch must open both gates.
If there is no sensing device that will automatically open the gates for exiting,
a fire department approved Knox electrical override switch shall be placed on
each side of the gate in an approved location.
A final field inspection by the fire code official or an authorized representative
is required before electronically controlled gates may become operative.
Prior to final inspection, electronic gates shall remain in a locked-open
position.
FID 10 Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with (Sections 503 CFC)
• Minimum Access Road Dimensions:
1. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet, a greater width for private
38
Resolution No.
Page 30
streets may be required by the City engineer to address
traffic engineering, parking, and other issues. The Palm
Springs Fire Department requirements for two-way private
streets, is a minimum width of 24 feet is required for this
project, unless otherwise allowed by the City engineer. No
parking shall be allowed in either side of the roadway.
2. Roads must be 30 feet wide when parking is not allowed on
only one side of the roadway.
3. Roads must be 40 feet wide when parking is not restricted.
FID 11 Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet except for approved security gates
in accordance with Section 503.6 and an unobstructed vertical clearance of
not less than 13 feet 6 inches.
FID 12 Roadway Dimensions: Private streets shall have a minimum width of at least
20 feet, pursuant to California Fire Code 503.2.1 however, a greater width for
private streets may be required by the City engineer to address traffic
engineering, parking, and other issues. The Palm Springs Fire Department
requirements for two-way private streets, is a minimum width of 24 feet,
unless otherwise allowed by the City engineer. No parking shall be allowed in
either side of the roadway.
FID 13 Turning radius (CFC 503.2.4): Fire access road turns and corners shall be
designed with a minimum inner radius of 25 feet and an outer radius of 43
feet. Radius must be concentric.
FID 14 Required Turn Arounds: Dead-end fire apparatus access roads in excess of
150 feet in length shall be provided with approved provisions for the turning
around of fire apparatus. The City of Palm Springs has two approved turn
around provisions. One is a cul-de-sac with an outside turning radius of 45
feet from centerline. The other is a hammerhead turnaround meeting the
Palm Springs Public Works and Engineering Department standard dated 9-4-
02.
FID 15 Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and
maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW)
and shall be surfaced so as to provide all-weather driving capabilities.
Fire apparatus access roads shall be designed and maintained to support the
imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so
as to provide all-weather driving capabilities. Decomposed granite (DG),
grass, dirt, sand and other materials that can wash away, develop ruts or be
dug up shall not be used. Interlocking pavers, turf block or other similar
materials may be allowed, subject to the provision of proper base material
and compliance with City Engineering Department compaction requirements.
39
Resolution No.
Page 31
Prior to permit sign-off, compaction test results shall be submitted to the City
Engineering Department for approval.
FID 16 Premises Identification (505.1): New and existing buildings shall have
approved address numbers, building numbers or approved building
identification placed in a position that is plainly legible and visible from the
street or road fronting the property. These numbers shall contrast with their
background. Address numbers shall be Arabic numbers or alphabetical
letters. Numbers shall be a minimum of 4 inches high for SFR occupancies
and 6" - 12" for all other occupancies depending on distance from street with
a minimum stroke width of 0.5 inch. Where access is by means of a private
road and the building cannot be viewed from the public way, a monument,
pole or other sign or means shall be used to identify the structure.
FID 17 Fire Hydrant Flow and Number of Fire Hydrants (CFC 508.5): Fire
hydrants shall be provided in accordance with CFC Appendix B, Fire Flow
Requirements for Buildings, for the protection of buildings, or portions of
buildings, hereafter constructed. The required fire hydrant flow for this project
is 750 gallons per minute (with fire sprinklers) (CFC Appendix B) and one
available fire hydrant must be within 250 feet from any point on lot street
frontages. (CFC Appendix C)
FID 18 Operational Fire Hydrant(s) (CFC 508.1, 508.5.1 & 1412.1): Operational
fire hydrant(s) shall be installed within 250 feet of all combustible
construction. They shall be installed and made serviceable prior to and
during construction. No landscape planting, walls, or fencing is permitted
within 3 feet of fire hydrants, except ground cover plantings.
FID 19 NFPA 13D Fire Sprinklers Required: An automatic fire sprinkler system is
required. Only a C-16 licensed fire sprinkler contractor shall perform system
design and installation. System to be designed and installed in accordance
with NFPA standard 13D, 2010 Edition, as modified by local ordinance. The
contractor should submit fire sprinkler plans as soon as possible. No portion
of the fire sprinkler system may be installed prior to plan approval.
FID 20 Residential Smoke and Carbon Monoxide Alarms Installation with Fire
Sprinklers (CFC 907.2.10.1.2, 907.2.10.2 & 907.2.10.3; CRC R315): Provide
and install Residential Smoke and Carbon Monoxide Alarms (Kidde SM120X
Relay/ Power Supply Module connected to multi-station Kidde smoke and
carbon monoxide alarms or equal system and fire sprinkler flow switch).
Alarms shall receive their primary power from the building wiring, and shall be
equipped with a battery backup. In new construction, alarms shall be
interconnected so that operation of any smoke alarm, carbon monoxide alarm
or fire sprinkler flow switch causes all smoke and carbon monoxide alarms
within the dwelling to sound and activate the exterior horn/strobe.
40
Resolution No.
Page 32
The wiring of this system shall be in accordance with Kidde SM120X Relay/
Power Supply Module manual and Figure 2 (see attached). The 120 volt
device wired to turn on when alarm sounds is the exterior horn / strobe. The
pull for fire device is the fire sprinkler flow switch.
FID 21 Additional Residential Smoke Alarm Requirements (NFPA 72: 29.5.1.3):
Where the interior floor area for a given level of a dwelling unit, excluding
garage areas, is greater than 1,000 Sq. Ft., the additional requirements are
that all points on the ceiling shall have:
a. A smoke alarm within a distance of 30 ft travel distance or
b. An equivalent of one smoke alarm per 500 Sq. Ft. of floor
area.
One smoke alarm per 500 Sq. Ft. is evaluated by dividing the total interior
square footage of floor area per level by 500 Sq. Ft.
FID 22 Carbon Monoxide Alarm or Detector Locations (NFPA 720: 9.4.1.1 &
9.4.1.2; CRC R315.3): Carbon monoxide alarms or detectors shall be
installed as follows:
(1) Outside of each separate dwelling unit sleeping area in the
immediate vicinity of the bedrooms
(2) On every occupiable level of a dwelling unit, including
basements, excluding attics and crawl spaces
(3) Other locations where required by applicable laws, codes, or
standards
Each alarm or detector shall be located on the wall, ceiling, or other location
as specified in the manufacturer's published instructions that accompany the
unit.
FID 23 Audible Residential Water Flow Alarms (CFC 903.4.2): An approved
audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with
WBB back box or equal) shall be provided on the exterior of the building in an
approved location. The horn/strobe shall be outdoor rated.
FID 24 Wildland-Urban Interface Fire Area: This building site is located in a
geographical area identified by the state as a "Fire Hazard Severity Zone" in
accordance with the Public Resources Code Sections 4201 through 4204 and
Government Code Sections 51175 through 51189, or other areas designated
by the enforcing agency to be at a significant risk from wildfires.
FID 25 Construction Methods & Requirements Within Established Limits (CFC
4905.2): Within the limits established by law, construction methods intended
to mitigate wildfire exposure shall comply with the wildfire protection building
construction requirements contained in the California Building Standards
Code including the following:
1. California Building Code Chapter 7A,
41
Resolution No.
Page 33
2. California Residential Code Section R327
3. California Reference Standards Code Chapter 12-7A
4. and this chapter
FID 26 Establishment Of Limits (CFC 4905.3) The establishment of limits for the
Wildland-Urban Interface Fire Area's required construction methods shall be
designated pursuant to the California Public Resources Code for State
Responsibility areas or by a local agency following a finding supported by
substantial evidence in the record that the requirements of this section are
necessary for effective fire protection within the area. This wildland-urban
interface area has been designated as a "Severe Fire Hazard Zone".
END OF CONDITIONS
42
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, APPROVING
PLANNED DEVELOPMENT DISTRICT PDD 364 IN LIEU
OF A CHANGE OF ZONE FOR A ROUGHLY 6.37 ACRE
PARCEL ON THE WEST SIDE OF BELARDO ROAD,
SOUTH OF MORONGO ROAD.
WHEREAS, Crescendo, LLC. ("the Applicant') filed an application
pursuant to Zoning Section 94.07.00 (Zone Map Change /Change of Zone) and
Section 94.03.00 (Planned Development District) for a Planned Development
District (PDD) in lieu of zone change to construct 43 two-story, detached single
family residences on approximately 6.37 acres located on the west side of
Belardo Road, south of Morongo Road, identified as APN 513-300-057; and
WHEREAS, the applicant submitted an application pursuant to Title 9 of
the Palm Springs Municipal Code and Section 66474 of the California
Subdivision Map Act for Tentative Tract Map 36548; and
WHEREAS, a notice of public hearing of the Planning Commission of the
City of Palm Springs for Case 5.1297 PDD 364 / TTM 36548 was given in
accordance with applicable law; and
WHEREAS, on May 8, 2013, a public meeting on Case 5.1297 PDD 364 /
TTM 36548 was held by the Planning Commission in accordance with applicable
law; and
WHEREAS, at said hearing 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 4-0 to approve the preliminary PDD in lieu of
Change of Zone and to recommend its approval by Ordinance of the City Council
and approve the Tentative Tract Map by Resolution, subject to Conditions of
Approval; and
WHEREAS, the proposed project is considered a "project' pursuant to the
terms of the California Environmental Quality Act ("CEQA") and an Initial Study
was conducted and the project was found to cause potentially significant impacts
to the environment. Mitigation measures have been proposed reducing any
potentially significant impacts to less than significant. The applicant has agreed
in writing to all proposed mitigation measures. A Notice of Intent to Adopt a
Mitigated Negative Declaration was prepared and circulated for public comment
for a period of 20 days. No new information was discovered that would require
further analysis under CEQA; and
43
Ordinance No.
Page 2
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1297 PDD 364 / TTM 36548, was given in
accordance with applicable law; and
WHEREAS, on June 5, 2013, a public hearing on the application for the
project was held by the City Council in accordance with applicable law; and
WHEREAS, a Planned Development District in lieu of a Change of Zone is
adopted by ordinance and includes two readings and a thirty-day period before it
is effective; and
WHEREAS, an ordinance was prepared for two readings before Council
for the approval of Case 5.1297 PDD 364/TTM 36548; and
WHEREAS, the City Council has carefully reviewed and considered all of
the evidence presented in connection with the meetings on the project, including
but not limited to the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
ORDAIN AS FOLLOWS:
SECTION 1. Pursuant to the California Environmental Quality Act (CEQA)
Guidelines, the City has prepared an environmental study and concluded that
significant adverse impacts may occur as a result of the project. A Mitigated
Negative Declaration for this project was previously adopted by the City Council
on April 18, 2007. Pursuant to Section 15162 of the Califomia Environmental
Quality Act (CEQA), the preparation of further environmental assessment is not
necessary since the proposed amendment proposes a lower intensity project.
The project as amended could not, therefore, result in any new environmental
impacts beyond those already identified and assessed in the adopted mitigated
negative declaration.
SECTION 2: Pursuant to Zoning Code Section 94.07.00 (Change of
Zone), "the council in reviewing a proposed change of zone shall consider
whether the following conditions exist in reference to the proposed zoning of the
subject property".
1. The proposed change of zone is in conformity with the
general plan map and report. Any amendment of the general plan
necessitated by the proposed change of zone should be made
according to the procedure set forth in the State Planning Law
either prior to the zone change, or notice may be given and
hearings held on such general plan amendment concurrently with
notice and hearings on the proposed change of zone.
44
Ordinance No.
Page 3
The General Plan land use designation of the subject site is HDR (High Density
Residential). The proposed project includes single family residences at a density
of 6.37 dwelling units per net acre, which is well below the maximum density of
30 dwelling units permitted within the HDR land use designation. Thus, the
proposed change of zone is in conformity with the General Plan map and report.
2. The subject property is suitable for the uses permitted in the
proposed planned development district, in terms of access, size of
parcel, relationship to similar or related uses, and other relevant
considerations.
The density of the proposed project is much less than the R-3 zone permits. The
proposed site plan incorporates private streets that conform to the minimum
widths required. The project includes adequate means of emergency access.
The project proposes lot sizes that are adequate to provide usable outdoor
space, including small pools and spas. Thus, the project is deemed consistent
with this finding.
3. The proposed establishment of the planned development
district is necessary and proper, and is not likely to be detrimental
to adjacent property or residents.
The applicant proposes two-story single family dwelling units on small, individual
lots in a gated community. San Jacinto Mountains are located to the west and
south of the project site; multi-family residential exists to the north; and vacant
land and a shopping complex exist to the east. Although the high density
residential land use designation would also permit development of greater
densities than that proposed, there is demand in the new home market at this
time to support this type of development. The use would not be detrimental to
adjacent property or residents in this area due to a less intense project and
zoning.
A set of conditions of approval are attached as Exhibit "A".
SECTION 3. Pursuant to California Law, an ordinance was prepared for
two readings before Council for the approval of Case 5.1297 PDD 364 / TTM
36548 and a thirty-day waiting period before it is effective allowing the approval
of the ordinance.
SECTION 4. The City Council adopts an ordinance to approve the zone
map change which changes the land use classification / zoning designation from
R-3 to PD 364 for a roughly 6.37-acre area on the west side of Belardo Road,
south of Morongo Road in conjunction with Case 5.1297 PDD 364 /TTM 36548.
SECTION 5. Effective Date: This Ordinance shall be in full force and
effect thirty (30) days after passage.
45
Ordinance No.
Page 4
SECTION 6. Publication: The City Clerk is hereby ordered to and
directed to certify to the passage of this Ordinance, and to cause the same or
summary thereof or a display advertisement, duly prepared according to law, to
be published in accordance with law.
ADOPTED this 5th day of June, 2013.
MAYOR
ATTEST:
City Clerk
46
Ordinance No.
Page 5
CERTIFICATION:
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do
hereby certify that Ordinance No. is a full, true, and correct copy, and was
introduced at a regular meeting of the Palm Springs City Council on
and adopted at a regular meeting of the City Council held on by the
following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California \
47
CITY OF PALM SPRINGS
PUBLIC HEARING NOTIFICATION
Date: June 5, 2013
Subject: Crescendo LLC Case 5.1297 "Dakota"
AFFIDAVIT OF PUBLICATION
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was published in the Desert Sun
on May 25, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
V-�
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF POSTING
1, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was posted at City Hall, 3200 E.
Tahquitz Canyon Drive, on the exterior legal notice posting board, and in the Office of the
City Clerk and on May 23, 2013.
1 declare under penalty of perjury that the foregoing is true and correct.
WL`�
Kathie Hart, CMC
Chief Deputy City Clerk
AFFIDAVIT OF MAILING
I, Kathie Hart, Chief Deputy City Clerk, of the City of Palm Springs, California, do hereby
certify that a copy of the attached Notice of Public Hearing was mailed to each and every
person on the attached list on May 23, 2013, in a sealed envelope, with postage prepaid,
and depositing same in the U.S. Mail at Palm Springs, California. (11 notices)
I declare under penalty of perjury that the foregoing is true and correct.
ILI- af$
Kathie Hart, CMC
Chief Deputy City Clerk
48
, ,, y `NpApMR PETE MORUZZI
Rima
PALM SPRINGS MODERN COMMITTEE
tMgh HT{ Ri' P.O. BOX 4738
WI .;..
- - PALM SPRINGS, CA 922634738
CITY OF PALM SPRINGS CASE 5.1297 PD 363
PLANNING SERVICES DEPARTMENT MRS.JOANNE BRUGGEMANS
F �SRG ' ATTN SECRETARY 15.1297 506 W.SANTA CATALINA ROAD
PO BOX 2743 PALM SPRINGS, CA 92262
PALM SPRINGS, CA 92263-2743
. , .. MS MARGARET PARK
'FU `G' �.T !'1•€BANE5:t71±OA
H
LLA AGUA CALIENTE BAND OF CAHUILLA
INDIANS
5401 DINAH SHORE DRIVE
PALM SPRINGS, CA 92264
SOBOBA BAND OF LUISEAO INDIANS LUEBBEN JOHNSON &BARNHOUSE,
-z $' ' ' ' "�r + .7 LP
ATTN: JOSEPH ONTIVEROS ATTNLRICHARD C.WADE, PARALEGAL
IhET2E ?F*AI21 t b�4 CULTURAL RESOURCES MANAGER TH
3,;,� ., :., 74244 STREET NW
._ .. d P.O. BOX 487
SAN JACINTO,CA 92581 LOS RANCHOS DE ALBUQUERQUE, NM
87107
MR RICH MEANEY MR MICHAEL BRAUN
., . `it tr NEXUS COMPANIES WESSMAN DEVELOPMENT
Ar
' 700 E.TAHQUITZ CANYON WAY 555 S. SUNRISE WAY
PALM SPRINGS, CA 92262 PALM SPRINGS, CA 92264
MR JOHN SANBORN MR ANDY ALPER RIDGE LANDSCAPE ARCHITECTS
SANBORN A/E, INC DESIGN ARC 8841 SEARCH DRIVE, STE.200
71-780 SAN JACINTO ROAD, STE. E-1 2558 OVERLAND AVENUE IRVINE, CA 92618
RANCHO MIRAGE, CA 92270 LOS ANGELES, CA 90064
51
513-300-009 513-300-034 513-300-048
Vista Palm Clifton Lamb Eagle Mufti I Spe Inc
10211 N 32Nd St G 23961 Craftsman Rd H 5441 Kietzke Ln 2Nd
Phoenix, AZ 85028-3847 Calabasas, CA 91302-2541 Reno, NV 89511-3026
513-300-056 513-300-062 513-300-063
Clifton Lamb Tahquitz Canyon Trailer Park Inc Palm Springs Lodging Llc
23679 Calabasas Rd 663 Po Box 3828 1633 S Palm Canyon Dr
Calabasas, CA 91302-1502 Beverly Hills, CA 90212-0828 Palm Springs, CA 92264-8343
6 Labels Printed
52
The Desert Sun Certificate of Publication
750 N Gene Autry Trail
Palm Springs,CA 92262
760-778-4578/Fax 760-778-4731
20fi ,,'r' 29 i v' 03
State Of California ss: t T
County of Riverside
No 1015 —
NOTICE OF PCITUBLIC
`BLIC HEARING
Advertiser: CT'OF PAW SPRING$
CITY OF PALM SPRINGS/LEGALS CRESCENDDO97 PU.C3 WEST SIDED BELARRO
ROAD SOUTH OF MORONGO ROAD
PO BOX 2743 NOTICE IS HEREBY GIVEN go the Cly.Council
PALM SPRINGS CA 922632 of the City of Palm Slum a,Cellfomia,will hold a
ppuubis hearing at Its mestrng of June 5,2(l The
CAy Cowell meet) beoine at 0:00 p.m. In the
Council Chamber a 1,3200 East 7'ahquhz
Canyon Way,PoIm Sp ngs.
The uraoloaep of thishewn t4pIs to oonNder a plan.
2000370691 dtarg m'enaw a No-att detached eln�
family resldemtsl develpoppmmpem.and a Tentative
Tract Map(TTM)to subtliWde 6.37 acres Into 43
residential lots,common areas and private assets.
The properly Is matt R-3(Muss-famAy,and hotel
zone).
I am over the age of 18 years old, a citizen of the United
States and not a party to, or have interest in this matter. I
hereby certify that the attached advertisement appeared
in said newspaper (set in type not smaller than non panel) -�" --- �
in each and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit: I f J
Newspaper: .The Desert Sun �� f "•a
�11
5/25/2013
ENVIRONMENTAL DETERMINATION: A DreA
- pM�Mspdeted Negadve Declaration (MND waa m-
CeRc a for isEnvirronmanutsaler the Quality Act (CEQA1
I acknowledge that I am a principal clerk of the printer of Sim the proposed project Includesa lower demi-
ty than Previously approved,no new information or
The Desert Sun, printed and published weekly in the City _ adweree Impacts are anticipated that would require
of Palm Springs, County of Riverside, State of California. rewabn b the Deviously apprlic MNvi rod this
project. Mambere a the ousts m�,avi�ew this
fitThe Desert Sun was adjudicated a newspaper of general d Hat
at e PsltaTnqun CMama1 Wey ant.
alm
circulation on March 24, 1988 by the Superior Court of the 9pnngA_and aimrrot written comments at or odor
County of Riverside, State of California Case No. o,th®OM C01net Ong.
191236. REVIEW OF PROJECT INFORMATION:The stall
report and carer supporting documents rogamMp
Ihls srolapt are available for pubAc review ell
City
Hal between tha hours of 8:g0 a.m.to 11:00
I declare under penalty of perjury that the foregoing is true a.m.and 2:00 p.m.to 5:00 m. Manday ttrou h
Thu rday Please contact the bMce of Me C1yty
Clerks et 17A0)323-8204 A You Wo ld Ake b acaetl-
and correct. Executed on this 25ih day of May, 2013 in ule an appoinsmnt o review these documents.
Palm Springs,Califor - - COMMENT ON THIS APPLICATION: Rseoorre
to title notice me be matte vemaly a the PubI
Way
Heeln andra In writing before the hearing.Writ.
� ic
� ten marine ha ddd vWto: ly Counsll by
/� --- James
s Tahqul anon City
o Clank
Palm Springs,CA 92282bbnct,, �be imiteded ro raisingproposed
thoserofmua raisedIn
Declaran s nature - I r aO�J
C'S at�ia Public hearing described In this nom,or In
1 written co ondemg delvered IN to the City Clerk
K.or X I500
the u2j). heulhrg. (Government
IMnopportunity
ra L persons I10beNheard.Quuesstions mo rel
Ing this cam may be directed to David Newell As.
sociate Renner,at(780)323-8245.
81 necesita ayuda con sate cana,portavor hems a
Is Ciudad dB Palm SpnnSa y puetle tybtsr con
Nadine Flatter telekno(700)323-5245.
James Thompson,Clry Clerk
Published:EW3
NOTICE OF PUBLIC HEARING
CITY COUNCIL
CITY OF PALM SPRINGS
CASE 5.1297 PDD 364 & TTM 36548 "DAKOTA"
CRESCENDO, LLC
WEST SIDE OF BELARDO ROAD SOUTH OF MORONGO ROAD
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a
public hearing at its meeting of June 5, 2013. The City Council meeting begins at 6:00 p.m., in the
Council Chamber at City Hall, 3200 East Tahquitz Canyon Way, Palm Springs.
The purpose of this hearing is to consider a planned Development District (PDD) in-lieu of zone
change to allow a two-story, detached single-family residential development and a Tentative Tract
Map (TTM) to subdivide 6.37 acres into 43 residential lots, common areas and private streets. The
property is zoned R-3 (Multi-family and hotel zone).
ENVIRONMENTAL DETERMINATION: A Draft Mitigated Negative Declaration (MND) was prepared
for this project under the guidelines of the California Environmental Quality Act (CEQA). Since the
proposed project includes a lower density than previously approved, no new information or adverse
impacts are anticipated that would require revision to the previously approved MND for this project.
Members of the public may view this document at the Planning Services Department, City Hall, 3200
East Tahquitz Canyon Way, Palm Springs, and submit written comments at, or prior to, the City
Council hearing.
REVIEW OF PROJECT INFORMATION: The staff report and other supporting documents regarding
this project are also available for public review at City Hall between the hours of 8:00 a.m. to
11:00 a.m. and 2:00 p.m. to 6:00 p.m., Monday through Thursday. Please contact the Office of the
City Clerk at (760) 323-8204 if you would like to schedule an appointment to review these documents.
COMMENT ON THIS APPLICATION: Response to this notice may be made verbally at the Public
Hearing and/or in writing before the hearing. Written comments may be made to the City Council by
letter (for mail or hand delivery) to:
James Thompson, City Clerk
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Any challenge of the proposed project in court may be limited to raising only those issues raised at
the public hearing described in this notice, or in written correspondence delivered to the City Clerk at,
or prior, to the public hearing. (Government Code Section 65009[b][2]).
An opportunity will be given at said hearing for all interested persons to be heard. Questions
regarding this case may be directed to David Newell, Associate Planner, at (760) 323-8245.
Si necesita ayuda con esta carta, porfavor flame a la Ciudad de Palm Springs y puede hablar con
Nadine Fieger telefono (760) 323-8245.
J
ames Thompson, City Clerk
49
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r- Parcels
CITY OF PALM SPRINGS
CASE: 5.1297 PD 364 and DESCRIPTION: A request to consider a 43-unit
TPM 36548 detached single-family residential development on
approximately 6.37 acres of vacant land located on
APPLICANT: Crescendo, LLC the west side of Belardo Road, south of Morongo
Road, Zone R-3, Section 22.