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HomeMy WebLinkAbout23266 RESOLUTION NO. 23266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 36446 TO SUBDIVIDE THE MUSEUM MARKET PLAZA PROPERTY OF APPROXIMATELY 13.57 ACRES INTO 14 PARCELS FOR DEVELOPMENT AND 4 LOTS FOR PUBLIC INFRASTRUCTURE, LOCATED AT THE NORTHWEST CORNER OF PALM CANYON DRIVE AND TAHQUITZ CANYON WAY. WHEREAS, Palm Springs Promenade, LLC and the City of Palm Springs, ("applicants") has filed an application with the City, pursuant to the Museum Market Specific Plan and Section 9.62.010 of the Palm Springs Municipal Code for a Tentative Parcel Map to subdivide the Museum Market Plaza property of approximately 13.57 acres into 14 parcels for development and 4 lots for public infrastructure, located at the northwest corner of Palm Canyon Drive and Tahquitz Canyon, APN's: 513-560-002, -004, -007 - 008 and -009), zone Museum Market Plaza Specific Plan, Section 15/R4/T4; and WHEREAS, on December 2, 2009, the City Council made findings, adopted a Mitigation Monitoring and Reporting Program, adopted a Statement of Overriding Considerations, and certified the Museum Market Specific Plan Environmental Impact Report ("Specific Plan EIR") and adopted Ordinance 1764, thereby approving the Museum Market Plaza Specific Plan which covers the design guidelines and development standards for the Specific Plan area; and WHEREAS, on September 29, 2011, the City and Palm Springs Promenade, LLC, entered into a Project Financing Agreement applicable to the financing, development, redevelopment, creation and refurbishment of public and private improvements in downtown Palm Springs within the Specific Plan area (the "Agreement") which included, among other things, a Site Plan and Project Description depicting the proposed improvements; and WHEREAS, on October 17, 2012, the City Council approved Amendment No. 2 to the Project Financing Agreement between the City and Palm Springs Promenade, LLC (the "Amendment") which included an Updated Site Plan and "Updates to Project Description," reflecting modifications to the proposed improvements originally approved in the Agreement, and that amended and superseded the original Site Plan and Project Description, respectively, in the Agreement; and WHEREAS, on October 17, 2012 the City Council also conducted a conformity review of the project described in the Amendment, as allowed by the Museum Market Specific Plan, and concluded that the project described in the Amendment conformed to the policies and objectives of the Specific Plan; and Resolution No. 23266 Page 2 WHEREAS, in support of its actions on October 17, 2012, the City Council adopted an Addendum to the Specific Plan EIR pursuant to the California Environmental Quality Act ("CEQA"), finding that the proposed project described in the Amendment was within the scope of the Specific Plan EIR, and, based on the Specific Plan EIR and Addendum, that no further environmental review was required. (Public Resources Code § 21166; California Code of Regulations, Title 14, §§ 15162, 15164); and WHEREAS, the proposed Tentative Parcel Map implements the project approved by the City Council for CEQA purposes on October 17, 2012; and WHEREAS, on November 7, 2012, the Planning Commission conducted an orientation session on the proposed project, and on November 14 and 28, 2012, the Commission conducted a public hearing in accordance with applicable law; and WHEREAS, on December 5, 2012, the Planning Commission by a vote of 7 to 0 adopted Resolution No. 6300 recommending Tentative Parcel Map No. 36446, as presented subject to conditions of approval; and WHEREAS, on December 19, 2012, the City Council conducted a public hearing in accordance with applicable law; WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the project description and exhibits, the staff report and memoranda, and written and oral testimony presented at the meetings. NOW THEREFORE, THE CITY COUNCIL HEREBY FINDS: Section 1: The City Council's approval of this Tentative Parcel Map is within the scope of the Addendum adopted on October 17, 2012, and none of the circumstances triggering further environmental review have occurred since the adoption of the Addendum: (i) there are no substantial changes in the project requiring major revisions of the Specific Plan EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (ii) there are no substantial changes with respect to the circumstances under which the project is being undertaken which will require major revisions of the Specific Plan EIR and Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; and (iii) there is no new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the Specific Plan EIR and Addendum was certified showing that: (a) the project will have one or more significant effects not discussed in the Specific Plan EIR and Addendum; (b) significant effects previously examined will be substantially more severe than shown in the Specific Plan EIR and Addendum; (c) mitigation measures or alternatives previously found not feasible would in fact be feasible, and Resolution No. 23266 Page 3 would substantially reduce one or more significant effects of the project, but the mitigation measures or alternatives have not been adopted; or (d) mitigation measures or alternatives considerably different from those analyzed in the Specific Plan EIR and Addendum would substantially reduce one or more significant effects on the environment, but the mitigation measures or alternatives have not been adopted. No further environmental review is required (Public Resources Code § 21166; California Code of Regulations § 15162.) Section 2: The following findings required for the proposed Tentative Parcel Map are pursuant to Section 66474 of the California Subdivision Map Act. If any of these findings are met, the City shall deny approval: 1. That the proposed map is not consistent with applicable general and specific plans as specific in Section 65451; The project is subject to the Museum Market Plaza Specific Plan ("Specific Plan"), which governs as both general plan and specific plan (zoning) for the site. The proposed map implements the land use and development objectives of the Specific Plan by establishing a public street grid within the boundaries of the site and in alignment with surrounding streets. The plan further establishes lots of record for the redevelopment of small commercial blocks in the City's downtown core, which is a primary objective of the specific plan. Consequently, the proposed map is consistent with the applicable general and specific plans, and this finding is not met. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans,- The design of the proposed subdivision and the associated improvements will implement the goals and objectives of the applicable Museum Market Plaza Specific Plan in that public streets, sidewalks, parking facilities and related public facilities will be established within the project boundaries in support of future private development. The design of the street grid will provide vehicular access and parking, as well as pedestrian access in alignment with surrounding streets and sidewalks ways that will extend the urban character of the surrounding area into the site. Consequently, the design of the proposed subdivision and the associated improvements are consistent with the applicable general and specific plans, and this finding is not met. 3. That the site is not physically suitable for the type of development; The site is slightly more than thirteen (13) acres and is generally flat with a gentle slope from north to south and west to east. Existing improvements Resolution No. 23266 Page 4 on the site include underground parking facilities, which are to be retained and an enclosed retail shopping center, which will be largely demolished. Surrounding areas are developed with urban commercial buildings and uses. The site will accommodate the proposed subdivision of fourteen private lots and associated public streets, and the subdivision will facilitate re-use of the site for an expansion of the City's downtown retail commercial core, as intended by the applicable Museum Market Plaza Specific Plan. Consequently, the site is physically suitable for the type of development, and this finding is not met. 4. That the site is not physically suitable for the proposed density of development,- The subdivision proposes to establish public streets and public and private parcels within a flat, gently sloping site to expand the existing downtown core. The proposed density of development will included existing underground parking; one, two and three story buildings; as well as a multi-story hotel and future development on fourteen parcels. The site is bordered by two major thoroughfares (N. Palm Canyon Drive and West Tahquitz Canyon Way), and additional local public streets will be constructed. Adequate lot sizes, access and parking are provided for the proposed density of development. Consequently, the site is physically suitable for the proposed density of development and this finding is not met. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat,- The design of the subdivision and the proposed improvements have been evaluated under the provisions of the California Environmental Quality Act (CEQA) and an Environmental Impact Report, Statement of Overriding Considerations, Mitigation Monitoring Program and subsequent EIR Addendum have been prepared and certified for the proposed subdivision. No substantial environmental damage nor substantially or avoidable injury to fish, wildlife or their habitat is expected to occur. Consequently, this finding is not met. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems,- No serious public health problems have been identified in the certified Specific Plan EIR, Statement of Overriding Considerations, Mitigation Monitoring Program or subsequent EIR Addendum prepared for the Resolution No. 23266 Page 5 proposed subdivision and its anticipated improvements. Consequently, this finding is not met. 7. That the design of the subdivision or the type of improvements will conflict with easement, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easement of record or to easement established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property with the proposed subdivision; All easements on or near the subject site have been identified and no conflict has been detected. New easements and other agreements have been established between the applicants, including the City of Palm Springs to resolve all access issues. Consequently, this finding is not met. NOW, THEREFORE, BE IT RESOLVED, that, based on the foregoing, the City Council hereby approves Tentative Parcel Map No. 36446 to subdivide the Museum Market Plaza property of approximately 13.57 acres into 14 parcels for development and 4 lots for public infrastructure, located at the northwest corner of Palm Canyon Drive and Tahquitz Canyon, as indicated on the attached map, Exhibit A, and subject to those conditions set forth in Exhibit B, attached hereto and made a part of this resolution. ADOPTED this 1 g`h day of December, 2012. David H. Ready, City M ATTEST: ames Thompson, City Clerk Resolution No. 23266 Page 6 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. 23266 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 December 19, 2012, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Lewin, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California X THE CITY OF PALLL SPRANG$ COUNTY OF AMERSM9 SAATE OF CA RNLA WCINITYMgPAO.^.AT/ONMAP OWNER/DEVELOPER' TENTATIVE PARCEL MAP NO. 36446 _ BEINC A SUEDIVISION OF PARCELS I,2.3&4 OF PARCEL HAP NH. 20328, P.HB 133/el-H5. RIVERS/➢S COUNTY RECORDS 8 8 - SOUTHNEST ONE-QUARTER OF SECTION 15. TOWNSHIP 4 SOUTH, RANGE 4 EAST, PER SEB puisp AwAr�c >sfo SANBORN A/$ fnc. MARCH ERIS 8 i 4 pew mrceoa UPL WTIFICATIONs.w az A, ..x.'4.4 I L^. 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TAFNTA77PE PARCEL MAP NO.3B44R�� + B " dam JOMN L.SANBORN �� PLceS. lip �T110 scar r eo GNL OIGIN®fING LNIDBYR'/CYQq W D RESOLUTION NO. 23266 EXHIBIT B Case Tentative Parcel Map No. 36446 Downtown Palm Springs December 19, 2012 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 3.3605 — MAJ, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division, except as modified by the 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. 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 attack, set aside, void, or annul, and approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TPM 36446. The City will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the owner will undertake the defense of the matter at the owner's sole cost and expense, including without limitation owner's attorney's fees and Resolution No.23266 Conditions of Approval (Case TPM 36446) Page 2 of 9 costs. The foregoing notwithstanding, the City shall be solely responsible for its own attorney's fees and legal costs. The City retains the right to settle or abandon the matter without the owner's consent but should it do so, the City shall completely waive the indemnification obligation of owner herein, except the City's decision to settle or abandon a matter following an adverse final judgment shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the properly if required by the City. ADM 7. Time Limit on Approval. Approval of the Major Architectural Application (MAJ) 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. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being '/2% for commercial projects or '/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 10. Comply with Citv Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1 Coachella Vallev Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Permit Fee (LDMF) required. All projects within the City of Palm Springs are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. Resolution No. 23266 Conditions of Approval (Case TPM 36446) Page 3 of 9 PLANNING DEPARTMENT CONDITIONS PLN 1. 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 or designee for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 2. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. PLN 3. Flat Roof Requirements. Roof materials on flat roofs must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 and minimum initial solar reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 4. 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 5. 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 6. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 7. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 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. Resolution No.23266 Conditions of Approval (Case TPM 36446) Page 4 of 9 ENGINEERING DEPARTMENT CONDITIONS Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Abandonment of right-of-way is required to facilitate the proposed development application. The abandonment of right-of-way shall be completed with the recordation of Parcel Map No. 36446, as indicated by the conditions herein. The abandonment of right-of-way shall be approved by the City Council in conjunction with the approval of Parcel Map No. 36446. ENG 2. All private and public street improvements are subject to the Project Financing Agreement as amended. N. PALM CANYON DRIVE ENG 3. Vacate 9.5 feet of public right-of-way from the south property line of proposed Parcel 13, to a point approximately 110 feet south of the north property line of proposed Parcel 13, as shown and detailed on the approved version of Tentative Parcel Map No. (TPM) 36446; a 25 feet radius property line at the intersection of N. Palm Canyon Drive and Tahquitz Canyon Way shall be maintained, as shown and detailed on the approved version of TPM36446. From the point 110 feet south of the north property line of proposed Parcel 13, abandon 14.5 feet northerly to the north property line of proposed Parcel 1, with the following exception: from approximately 70 feet south of the north property line of Parcel 13 northerly to approximately 40 feet north of the south property line of Parcel 2, the vacation width shall be 17.5 feet, as shown and detailed on the approved version of TPM36446. ENG 4. Dedicate public utility easements in areas for which public right-of-way has been vacated on Parcel Map No. 36446. ENG 5. Dedicate a minimum sidewalk easement of 8 feet (or as needed to match existing sidewalk) for those portions of sidewalk located outside of the public right-of-way after vacation of right-of-way on N. Palm Canyon Drive. Any existing underground utilities under the existing sidewalk, shall not be relocated in conjunction with this project. ENG 6. All broken or off grade street improvements shall be repaired or replaced. Resolution No.23266 Conditions of Approval (Case TPM 36446) Page 5 of 9 TAHQUITZ CANYON WAY ENG 7. Vacate public right-of-way from the east property line of proposed Parcel 13 westerly to the west property line of proposed Parcel 4 as shown and detailed on the approved version of Tentative Parcel Map No. (TPM) 36446. 11.5 feet of right-of-way shall be abandoned (leaving a 25 feet radius property line at the curb return at the intersection of N. Palm Canyon Drive and Tahquitz Canyon Way) to a point approximately 100 feet west of the east property line of proposed parcel 13 of TPM36446, at which point, 23.53 feet of public right-of-way shall be abandoned westerly to a point approximately 25 feet easterly of the west property line of proposed Parcel 12 of TPM36446; from this point, the abandonment decreases to 11.5 feet, extending to the west property line of proposed Parcel 4 as shown and detailed on TPM36446. ENG 8. Dedicate public utility easements in areas for which public right-of-way has been vacated on Parcel Map No. 36446. ENG 9. Dedicate a minimum sidewalk easement of 8 feet (or as needed to match existing sidewalk) for those portions of sidewalk located outside of the public right-of-way after abandonment of right-of-way on Tahquitz Canyon Way. Any existing underground utilities under the existing sidewalk, shall not be relocated in conjunction with this project. ENG 10. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PUBLIC STREETS (LOTS "A" (NEW MAIN STREET), LOT `B" AND "C" (BELARDO ROAD), AND LOT "D" (ANDREAS ROAD) ENG 11. Dedicate full street right-of-way width of 41 feet as shown on the approved version of Tentative Parcel Map No. 36446, together with property line - corner cut-backs at each intersection between Lots "A", `B", "C", and "D", as required by the City Engineer. ENG 12. Parking shall be restricted along both sides of Lot "A", 'B", "C", and "D" as necessary to maintain a minimum 24 feet wide clear two-way travel way, except for designated parallel parking spaces. Regulatory Type R26 "No Parking" signs shall be installed along Lot "A", Lot "B", Lot "C", and Lot "D", as necessary to enforce parking restrictions. ENG 13. The proposed Lot B (Belardo Road) grades shall meet the existing grades at the existing escalator located approximately 130 feet north of the south property line of proposed Parcel 4 (after abandonment of right-of-way), on the west side of the proposed Belardo Road. Resolution No. 23266 Conditions of Approval (Case TPM 36446) Page 6 of 9 ENG 14. The proposed Lot C (Belardo Road) grades shall meet the existing grades at the existing escalator located approximately 25 feet south of the north property line of proposed Parcel 3, on the east side of the proposed Belardo Road. Note that this escalator is proposed for removal, which would void this condition if the proposal for removal becomes a reality. ENG 15. The proposed Lot C (Belardo Road) shall cross over the underground parking garage from the approximate proposed curb lines of Lot "D" (Andreas Road) on the east end of the proposed Belardo Road, to approximately 45 feet south of the south curb line; and to approximately 105 feet north of the north curb line, of Lot "D" (Andreas Road), respectively; the crossing(s) over the underground parking structure shall extend to the west property line of Lot "C" (Belardo Road); the airspace is owned by the applicant. ENG 16. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, between the edges of proposed travelway along the entire proposed New Main Street, Belardo Road, and Andreas Road frontages, in accordance with City of Palm Springs Standard Drawing No. 110 and the Museum Market Plaza Specific Plan. If an alternative pavement section is proposed for New Main Street and intersections (such as decorative concrete pavers), 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. MARKET STREET (ON-SITE PRIVATE STREET) ENG 17. 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 travelway between Parcel 2 and Parcel 3. ENG 18. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, between the edges of proposed travelway along the entire proposed alleyway frontage in accordance with City of Palm Springs Standard Drawing No. 110. If an alternative pavement section is proposed (such as decorative concrete pavers), 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. DRAINAGE ENG 19. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to N. Palm Canyon Drive, Tahquitz Canyon Way, proposed New Main Street (Lot A), proposed Belardo Road (Lot B and C), and Andreas Road (Lot D). Resolution No.23266 Conditions of Approval (Case TPM 36446) Page 7 of 9 Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. ENG 20. This project will be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, will be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development. MAP ENG 21. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. ENG 22. In accordance with Government Code Section 66411.1 (b), the Tentative Parcel Map is a subdivision of five or more lots (parcels), and is subject to construction of all required public improvements. Prior to approval of a Parcel Map, all required public improvements shall be completed to the satisfaction of the City Engineer, or shall be secured by the Project Financing Agreement signed by Palm Springs Promenade, LLC and the City of Palm Springs on September 7, 2011 (in accordance with Government Code Section 66462) as amended. ENG 23. In accordance with Section 66445 0) of the Government Code, the western existing public right-of-way of 9.5 feet for N. Palm Canyon may be vacated upon the filing of a Parcel Map identifying the abandonment of the right-of-way granted to the City of Palm Springs, from the south property line of proposed Parcel 13, to a point located approximately 110 feet south of the north property line of Resolution No.23266 Conditions of Approval (Case TPM 36446) Page 8 of 9 proposed Parcel 13 (leaving a 25 feet radius property line at the curb return at the intersection of N. Palm Canyon Drive and Tahquitz Canyon Way), at which, 14.5 feet of public right-of-way shall be abandoned northerly to the north property line of proposed Parcel 1, with the following exception: from approximately 70 feet south of the north property line of Parcel 13 northerly to approximately 40 feet north of the south property line of Parcel 2, the vacation width shall be 17.5 feet, as shown and detailed on the approved version of TPM36446. Sidewalk easements and public utility easements shall be dedicated on the Parcel Map (or by separate instrument) as needed for those portions of sidewalk located outside of the public right-of-way after abandonment of right-of-way on N. Palm Canyon Drive. ENG 24. In accordance with Section 66445 Q) of the Government Code, the northern existing public right-of-way of 11.5 feet for Tahquitz Canyon Way may be vacated upon the filing of a Parcel Map identifying the abandonment of the right-of-way granted to the City of Palm Springs, from the east property line of proposed Parcel 13 (leaving a 25 feet radius property line at the intersection of N. Palm Canyon Drive and Tahquitz Canyon Way), to a point located approximately 100 feet west of the east property line of the proposed Parcel 13 as shown and detailed on the approved version of Tentative Parcel Map No. (TPM) 36446. From that point, 23.53 feet of public right-of-way shall be abandoned westerly to a point approximately 25 feet easterly of the west property line of the proposed Parcel 12 of TPM36446; from this point, the abandonment decreases back down to 11.5 feet, extending to the west property line of the proposed Parcel 4 of TPM36446, as shown and detailed on TPM36446. Sidewalk easements and public utility easements shall be dedicated on the Parcel Map (or by separate instrument) as needed for those portions of sidewalk located outside of the public right-of-way after abandonment of right-of-way on Tahquitz Canyon Way. ENG 25. Upon approval of a parcel map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. Resolution No. 23266 Conditions of Approval (Case TPM 36446) Page 9 of 9 TRAFFIC ENG 26. No construction traffic shall enter the project site from N. Palm Canyon Drive or Tahquitz Canyon Way, without prior coordination with the Engineering Department.