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cq</FORe`P CITY COUNCIL STAFF REPORT
DATE: April 5, 2006 Consent Calendar
SUBJECT: .CONFORMITY REPORT ON SUBDIVISION AND DEVELOPMENT OF
SIXTY-EIGHT (68) SINGLE FAMILY RESIDENCES ON LEASED TRIBAL
TRUST LAND (TENTATIVE TRACT MAP 33443) ON TWENTY-ONE (21)
ACRES ALONG THE NORTH SIDE OF VIA ESCUELA,
APPROXIMATELY 100 FEET EAST OF WHITEWATER CLUB DRIVE,
ZONE R-1-D, SECTION 6, AND WAIVER OF JOINT MEETING
FROM: David H. Ready, City Manager
BY: Planning Department
SUMMARY
RECOMMENDATION: Adopt Resolution No. "A RESOLUTION APPROVING
A CONFORMITY REPORT ON SUBDIVISION AND DEVELOPMENT OF SIXTY-
EIGHT (68) SINGLE FAMILY RESIDENCES ON LEASED TRIBAL TRUST LAND
(TENTATIVE TRACT MAP 33443) ON 21.02 ACRES ALONG THE NORTH SIDE OF
VIA ESCUELA, APPROXIMATELY 100 FEET EAST OF WHITEWATER CLUB DRIVE,
ZONE R-1-D, SECTION 6, DIRECTING STAFF TO TRANSMIT SAID REPORT TO
THE TRIBAL COUNCIL OF THE AGUA CALIENTE BAND OF CAHUILLA INDIANS,
AND WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL AND TRIBAL
COUNCIL FOR TENTATIVE TRACT MAP 33443"
STAFF ANALYSIS:
Background
The Agua Caliente band of Cahuilla Indians ("Tribe") proposes to subdivide a 21.02
acre vacant lot on the north side of Via Escuela to create 68 single family homesites, as
well as develop sixty-eight dwellings, associated private access streets and related
infrastructure. The site is bounded on all sides by single and multi-family residential
development, except for the Whitewater Wash and levee at the northeast corner of the
site.
This site is "Tribal Trust" land and is part of a larger development proposal that also
includes an 11.42 acre lot that is privately owned ("fee land") and 3.42 acres of "allottee
Item No. 2 . 1 V .
City Council Staff Report
April 5, 2006 -- Page 2
Tentative Tract Map 33443—Conformity Report
land". Combined, the three sites would yield 117 single family dwellings. (The other
two parcels are processed under separate entitlements, subject to the City's zoning and
other requirements.)
The Palm Springs City Council and Tribal Council have established a Land Use
Coordination Agreement which provides for City review and comment on projects
proposed on Tribal Trust property. This agreement sets forth a process for City review
of the proposed subdivision, including the preparation and transmittal of this conformity
report. Based on the Tribal Trust status of the subject property, the Tribal Council
exercises full approval and permit authority for the development. This report offers
recommendations for consideration by the Tribal Council which would address City
issues related to project approval and development. In addition, staff is proposing that
the City waive certain provisions of the Land Use Coordination Agreement to expedite
processing of the request. Recommendations of this report are advisory; the Tribal
Council will determine which of these recommendations, if any, it will adopt.
Project Description
The vacant site is generally flat, with a slight sloping downward from northeast to
southwest. There are no structures presently on the site. The surrounding area to the
east and south consists entirely of residential uses, ranging from single family to
medium-density multiple family developments. Gene Autry Trail runs along the site's
east edge and at the northeast corner of the site is the Riverside County Flood Control
District dike which separates the site and adjacent areas from the Whitewater River.
Immediately north of the site is the additional vacant land (14.84 acres of fee and
allottee lands) that is proposed to be developed with the subject site.
The Tribal Trust portion of the project proposes sixty-eight (68) single family homesites
and eleven other lots - eight comprise the private street network, one is for trail access
to the levee, one provides vehicular access to the levee and one is set aside as a
recharge basin / pocket park. Residential lot sizes are within a range of 7,800 to 13,000
square feet; the proposed dwellings will range from 1,900 to over 2,400 square feet. A
more detailed project description and analysis is contained in the attached Project
Report (December 21, 2005).
_Conformity Analysis — General Plan and Zoning
The project conforms to the designated General Plan Land Use (Low Density
Residential — 6 Units per Acre) and zoning (R-1-D / Single Family Residential — 7,500
SF Min. Lot Size) for the site. It should also be noted that the project conforms to all
zoning standards for the R-1-D zone, with the exception of seventeen lots which do not
meet minimum lot depth of one hundred (100) feet. However, in no case do lot depths
fall below ninety (90) feet.
Conformity Analysis — Conditions and Fees
With the project limited to a standard single family subdivision — that is, no construction
is; proposed as part of this application — the review of the project is simpler than would
01 r"1-1
City Council Staff Report
April 5, 2006 -- Page 3
Tentative Tract Map 33443—Conformity Report
be the case for a multi-family or commercial proposal. The City's Development
Committee has reviewed the proposed project and developed a set of
recommendations, based on City codes, ordinances and policies. These
recommendations are typical of those that would be recommended for standard
subdivisions in the R-1-D zone.
The City also identified the fees that would typically be assessed on this kind of
subdivision and prepared a chart estimating how much in fees the City would expect to
collect (separate plan check fees will be assessed for public improvements associated
with the project). The City's recommended conditions and the fee schedule are
attached to this report.
On March 20, 2006, the Indian Planning Commission reviewed the project and
recommended to the Tribal Council associated conditions and mitigation measures,
including all engineering conditions recommended by the City Public Works
Department. The City's proposed fee schedule was also reviewed and all fees
appropriate to the subdivision — primarily related to public art and sewer connections —
were recommended. It should be noted that the Tribe does not make fee payments to
the City, but will require the developer to make in-lieu payments to the City. The fee
payments to the City are estimated at approximately $260,000. (See attachments.)
Waiver of Joint Meeting Between the City Council and Tribal Council
Staff also reviewed the project in light of the requirements of the Land Use Coordination
Agreement and considered whether a more expedited review process may be possible.
Section 5 of the Agreement calls for a joint meeting of the City Council and Tribal
Council to discuss the project, as follows:
`5. Joint Meeting. Upon the City Council's adoption of the
Conformity Report, the Project report shall be immediately submitted to
the Tribal Council. Within thirty (30) days, the Tribal Council and the City
Council shall schedule a Joint Meeting to discuss the Conformity Report
and whether any measures should be taken to make the Project more
conforming with the rules, regulations and ordinances of both the City and
the Tribe.
Given the straightforward nature of the proposed subdivision and the acceptance of the
City's recommended conditions by the Indian Planning Commission, staff recommends
that the Joint Meeting be waived, as allowed by Section 7 of the same Agreement:
7. Waiver. With the approval of both parties, any part of the
foregoing process may be waived if the Project is not deemed significant or if the
project is found to be conforming, or if due to the exigencies of time the normal
process cannot be accommodated."
City Council Staff Report
April 5, 2006 -- Page 4
Tentative Tract Map 33443—Conformity Report
CONCLUSION
The project is a standard subdivision that generally conforms to the standards of the
underlying R-1-D zone. Staff has prepared this memo as the project's Conformity
Report for approval by the City Council, under the terms of the Agreement for Tribal /
City Land Use Coordination on Certain Parcels (December 14, 1998). Staff
recommends that the Council approve the report (with attached conditions of approval)
for transmittal to the Tribal Council and also waive the requirement for a Joint Meeting.
FISCAL IMPACT: IFinance Director Review:
No fiscal impact.
. igg. g,yinServices
Thomas J. Wil n
Direbtar & Plan Assistant City Manager, Dev't Services
David H. Ready, City Ma
ir
Attachments:
1. Draft Resolution
2. "Alexander Village — Project Report", December 21, 2005
3. Conditions of Approval
4. Letter (March 23, 2006) and staff report (March 20, 2006) from Agua Caliente
Band of Cahuilla Indians
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS APPROVING A CONFORMITY REPORT ON
SUBDIVISION AND DEVELOPMENT OF SIXTY-EIGHT (68)
SINGLE FAMILY RESIDENCES ON LEASED TRIBAL TRUST
LAND (TENTATIVE TRACT MAP 33443) ON 21.02 ACRES
ALONG THE NORTH SIDE OF VIA ESCUELA,
APPROXIMATELY 100 FEET EAST OF WHITEWATER CLUB
DRIVE, ZONE R-1-D, SECTION 6, DIRECTING STAFF TO
TRANSMIT SAID REPORT TO THE TRIBAL COUNCIL OF THE
AGUA CALIENTE BAND OF CAHUILLA INDIANS, AND
WAIVING THE JOINT MEETING BETWEEN THE CITY COUNCIL
AND TRIBAL COUNCIL FOR TENTATIVE TRACT MAP 33443
WHEREAS, on December 14, 1998, the City of Palm Springs and the Tribal Council of
the Agua Caliente Band of Cahuilla Indians ("Tribe") entered into an Agreement for
Tribal /City Land Use Coordination on Certain Parcels ("Agreement"); and
WHEREAS, pursuant to Section 7 of said Agreement, the City Council and Tribal
Council may waive procedural requirements of the Agreement, as follows:
"T Waiver. With the approval of both parties, any part of the
foregoing process may be waived if the Project is not deemed significant or if the
project is found to be conforming, or if due to the exigencies of time the normal
process cannot be accommodated."
and
WHEREAS, on December 21, 2005 the Tribe prepared a Project Report on the
proposed subdivision of twenty-one (21) acres of vacant land located along the north
side of Via Escuela, approximately 100 feet east of Whitewater Club Drive, with said
subdivision proposing sixty-eight (68) lots for development of single family dwellings and
additional lots for ancillary streets, drainage and other facilities; and
WHEREAS, said Project Report was transmitted to the City for review and comment
under the terms of the Agreement, including adoption by the City Council of a Conformity
Report; and
WHEREAS, on April 5, 2006, following notification in the prescribed manner, a public
meeting was held where the City Council addressed the request, including the Tribe's
Project Report, a draft Conformity Report (City staff memo, dated April 5, 2006) and
related exhibits; and
WHEREAS, the City Council hereby adopts as its own findings of fact the facts
contained the draft Conformity Report (dated April 5, 2006); and
WHEREAS, the City Council has concluded that the proposed project is a standard
single family subdivision of conventional design such that it is "not deemed significant"
under the terms of the Agreement such that the certain procedures may be waived
under Section 7 of the Agreement.
�YQI q 5)
Resolution No.
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1: The Conformity Report (staff memo dated April 5, 2006) is hereby
approved and staff is directed to forward said Report to the Tribe.
SECTION 2: The requirement of Section 5 of the "Agreement for Tribal / City
Land Use Coordination on Certain Parcels" for a Joint Meeting is hereby waived
for Tentative Tract Map 33443.
ADOPTED THIS 5" day of April, 2006.
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
J"
Date: March 3, 2006
To: Director of Planning
From: Assistant Director of Public Works/Assistant City Engineer
APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP TO SUBDIVIDE
APPROXIMATELY 21.02 ACRES INTO 68 SINGLE FAMILY RESIDENTIAL LOTS
WITH PUBLIC STREETS LOCATED NORTH OF VIA ESCUELA BETWEEN
WHITEWATER CLUB DRIVE AND THE WHITEWATER WASH (APN 677-030-032
AND 677-030-033), SECTION 6, TOWNSHIP 4 SOUTH, RANGE 5 EAST, S.B.M.,
Tf M33443.
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, the City recommends that conditions listed below
be completed to the satisfaction of the City Engineer.
STREETS
1. It is recommended that a City of Palm Springs Encroachment Permit be issued
for construction of any improvements within the public right-of-way.
2. It is recommended that the developer submit street improvement plans prepared
by a registered California civil engineer to the Engineering Division. It is
recommended that the plans be approved by the City Engineer prior to issuance
of any grading or building permits.
3. It is recommended that when public dedications of easements or rights-of-way
over Tribal Allottee land are required, the applicant be responsible for compliance
with all Bureau of Indian Affairs (B.I.A.) requirements, including payment of any
BIA fees, obtaining appraisals and payment of just compensation to the
underlying owner. It is recommended that the applicant be responsible for
determining 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'; it is recommended that easements granted with
a defined term, or made in connection with an underlying Indian Land Lease, not
be accepted.
4. It is recommended that upon completion of required improvements by. .the
applicant, and as a condition of acceptance by the City Engineer, that the
applicant 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. It is recommended
Director of Planning
TTM33443
March 3, 2006
that the Affidavit of Completion be provided to and approved by the City Engineer
prior to final acceptance of the project, including issuance of a final certificate of
occupancy. It is recommended that the applicant 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.
VIA ESCUELA
5. In accordance with the Circulation Element of the City of Palm Springs General
Plan, it is recommended that an additional 20 feet of right-of-way be dedicated to
provide a total right-of-way width of 60 feet along the entire frontage, including
property line - corner cut backs at the northeast and northwest corners of the
intersections of Via Escuela with Rosewood Drive and Contempo Lane in
accordance with City of Palm Springs Standard Drawing No. 105.
6. It is recommended that additional right-of-way be dedicated for a property line -
corner cut back at the northwest corner of the intersection of Gene Autry Trail
and Via Escuela in accordance with City of Palm Springs Standard Drawing No.
105.
7. It is recommended that the existing 8 inch curb and gutter be removed as
necessary to construct 25 feet radius curb returns and spandrels at the northeast
and northwest corners of the intersections of Via Escuela with Rosewood Drive
and Contempo Lane, in accordance with City of Palm Springs Standard
Drawings No. 200 and 206.
8. It is recommended that a 6 feet wide cross-gutter be constructed across the
intersection of Via Escuela with Rosewood Drive and Contempo Lane with a
flowline 10 feet north of and parallel with the centerline of Via Escuela, in
accordance with City of Palm Springs Standard Drawing No. 200 and 206.
9. It is recommended that a 5 feet wide sidewalk be constructed behind the curb
along the Via Escuela frontage in accordance with City of Palm Springs Standard
Drawing No. 210.
10. It is recommended that a Type A curb ramp meeting current California State
Accessibility standards be constructed at the northeast and northwest corners of
the intersections of Via Escuela with Rosewood Drive and Contempo Lane, and
at the northwest corner of the intersection of Gene Autry Trail and Via Escuela, in
accordance with City of Palm Springs Standard Drawing No. 212.
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Director of Planning
TTM33443
March 3, 2006
11. It is recommended that all broken or off grade street improvements be repaired
or replaced.
ROSEWOOD DRIVE, KITNICK LANE, AND CONTEMPO LANE
12. It is recommended that the applicant dedicate a right-of-way of 50 feet, together
with property line - corner cut backs at corners at all street intersections in
accordance with City of Palm Springs Standard Drawing No. 105.
13. It is recommended that an easement 2 feet wide be dedicated along the back of
all driveway approaches for sidewalk purposes.
14. It is recommended that 6 inch curb and gutter, 18 feet from centerline along both
sides of the internal public streets, with 25 feet radius curb returns and spandrels
at all street intersections, be constructed in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
15. It is recommended that a 6 feet wide cross-gutter be constructed across the
intersection of Rosewood Drive with Zobwai Lane with a flowline 18 feet south of
and parallel with the centerline of Zobwai Lane; across the intersection of Kitnick
Lane with Zobwai Lane with a flowline 18 feet north of and parallel with the
centerline of Zobwai Lane; and across the intersection of Contempo Lane with
Zobwai Lane with a flowline 18 feet south of and parallel with the centerline of
Zobwai Lane, in accordance with City of Palm Springs Standard Drawing No. 200
and 206.
16. It is recommended that all driveway approaches be constructed in accordance
with City of Palm Springs Standard Drawing No. 201.
17. It is recommended that a 5 feet wide sidewalk be constructed behind the curb
along both sides of the internal public streets in accordance with City of Palm
Springs Standard Drawing No. 210.
18. It is recommended that Type A curb ramps meeting current California State
Accessibility standards be constructed at all internal public street intersections in
accordance with City of Palm Springs Standard Drawing No. 212.
19. It is recommended that a minimum pavement section of 2'/2 inches asphalt over 4
inches crushed miscellaneous base with a minimum subgrade of 24 inches at
95% relative compaction, or equal, be constructed within all internal public
streets in accordance with City of Palm Springs Standard Drawing No. 1.10 and
300. It is recommended that if an alternative pavement section is proposed, that
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Director of Planning
TTM33443
March 3, 2006
the proposed pavement section be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
ZOBWAI LANE, YVETTE LANE, TRADEMARK LANE, AND HELENE'S TRAIL
20. Upon a finding by the Planning Commission that there is no significant impact to
the health, safety and welfare of the residents of the proposed neighborhood, in
accordance with General Plan Policy 7.1.6, a reduced right-of-way width of 40
feet may be approved. It is recommended that the applicant dedicate a right-of-
way of 40 feet across the proposed public streets.
21. It is recommended that the applicant dedicate right-of-way for the cul-de-sacs in
accordance with City of Palm Springs Standard Drawing No. 101, modified with
R1=25 feet and R2=45 feet.
22. It is recommended that the applicant dedicate an easement 3 feet wide adjacent
to proposed public rights-of-way for sidewalk purposes.
23. It is recommended that the applicant dedicate an easement 7 feet wide along the
back of all driveway approaches for sidewalk purposes.
24. It is recommended that 6 inch curb and gutter, 18 feet from centerline along both
sides of the internal public streets, with 25 feet radius curb returns and spandrels
at all street intersections, be constructed in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
25. It is recommended that a 6 feet wide cross-gutter be constructed across the
intersection of Rosewood Drive with Zobwai Lane with a flowline 18 feet south of
and parallel with the centerline of Zobwai Lane; across the intersection of Yvette
Lane with Zobwai Lane with a flowline 18 feet south of and parallel with the
centerline of Zobwai Lane; across the intersection of Kitnick Lane with Zobwai
Lane with a flowline 18 feet north of and parallel with the centerline of Zobwai
Lane; across the intersection of Trademark Lane with Zobwai Lane with a
flowline 18 feet south of and parallel with the centerline of Zobwai Lane; across
the intersection of Contempo Lane with Zobwai Lane with a flowline 18 feet south
of and parallel with the centerline of Zobwai Lane; and across Zobwai Lane from
the north side of Zobwai Lane at the southeast corner of Lot 16 to the south side
of Zobwai Lane at the northeast corner of Lot 26, as necessary to convey on-site
stormwater runoff from the west side of Helene's Trail (generated from Tentative
Tract Map 33623), in accordance with City of Palm Springs Standard Drawing
No. 200 and 206.
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Director of Planning
TTM33443
March 3, 2006
2fi. It is recommended that a 6 inch curb and gutter throughout the cul-de-sacs be
constructed in accordance with City of Palm Springs Standard Drawing No. 101,
modified with R=27 feet, and City of Palm Springs Standard Drawing No. 200.
27. It is recommended that all driveway approaches be constructed in accordance
with City of Palm Springs Standard Drawing No. 201.
28. It is recommended that a 5 feet wide sidewalk be constructed behind the curb
along the frontage of the public streets in accordance with City of Palm Springs
Standard Drawing No. 210.
29. It is recommended that Type A curb ramps meeting current California State
Accessibility standards be constructed at all internal public street intersections in
accordance with City of Palm Springs Standard Drawing No. 212.
30. It is recommended that a minimum pavement section of 2'/2 inches asphalt over 4
inches crushed miscellaneous base with a minimum subgrade of 24 inches at
95% relative compaction, or equal, be constructed within all internal public
streets in accordance with City of Palm Springs Standard Drawing No. 110 and
300. It is recommended that if an alternative pavement section is proposed, that
the proposed pavement section be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to
the City Engineer for approval.
31. It is recommended that the proposed median island within the intersection of
Zobwai Lane and Helene's Trail be subject to further review and approval by the
City Engineer. Landscaping improvements, if proposed within the island, should
be privately maintained by a Home Owners Association (HOA) with provisions
included in Covenants, Conditions and Restrictions (CC&R's) for the
maintenance of the landscaping improvements by the HOA acceptable to the
City Engineer.
SANITARY SEWER
32. It is recommended that all sanitary facilities be connected to the public sewer
system, and that new laterals not be connected at manholes.
33. It is recommended that sewer improvement plans prepared by a California
registered civil engineer be submitted to the Engineering Division, and that the
plans be approved by the City Engineer prior to issuance of any building permits.
5
Director of Planning
TTM33443
March 3, 2006
34. It is recommended that an 8 inch V.C.P. sewer main be constructed across all
internal public street frontages located 5 feet from centerline as required by the
City Engineer. It is recommended that all sewer mains constructed by the
applicant and to become part of the public sewer system be televised prior to
acceptance of the sewer system for maintenance by the City. It is recommended
that sewers be installed and accepted prior to issuance of a certificate of
occupancy.
35. If not already completed by others, it is recommended that the applicant design
and construct an extension of the public sewer main within Gene Autry Trail, from
Vista Chino to Via Escuela; and within Via Escuela located 5 feet from centerline,
from Gene Autry Trail to Rosewood Drive, as necessary to extend sanitary sewer
service to the subject property, as approved by the City Engineer. It is
recommended that the applicant obtain approval from the City Engineer of the
location of proposed sewer main extensions within Gene Autry Trail to avoid
conflicts with planned Gene Autry Trail widening improvements to be constructed
by the City in the future. It is recommended that construction of the extension of
the sanitary sewer system to the subject property be completed prior to issuance
of a building permit.
36. It is recommended that the applicant obtain State permits and approval of plans
for sewer construction performed within Vista Chino (State Highway 111) right-of-
way, with a copy of an approved Caltrans encroachment permit provided to the
City Engineer prior to the issuance of any building permits.
31'. It is recommended that the applicant coordinate construction of the sanitary
sewer extension within Gene Autry Trail and Via Escuela such that the sewer
construction precedes construction of the planned Gene Autry Trail widening
improvements (City Project No. 02-03) by the City. In the event the applicant has
not completed construction of the sanitary sewer extension within Gene Autry
Trail and Via Escuela prior to the City's approval of construction documents for
bidding of City Project No. 02-03, it is recommended that the applicant coordinate
construction of the sanitary sewer extension as a part of City Project No. 02-03,
which shall be completed by the City. It is recommended that the applicant
deposit an amount representing the City Engineer's estimate of the cost to
construct the sanitary sewer extension within Gene Autry Trail and Via Escuela
within 10 days notice from the City Engineer, and deposit additional amounts as
necessary to cover the awarded construction contract cost of the sanitary sewer
extension, and any required contract change orders during construction of the
sanitary sewer extension within Gene Autry Trail and Via Escuela, upon 10 days
notice from the City Engineer. It is recommended that the applicant enter into an
agreement establishing the terms and obligations of the applicant and the City in
6
Director of Planning
TTM33443
March 3, 2006
coordinating construction of the applicant's required sanitary sewer extension as
a part of City Project No. 02-03 by the City.
38. Costs associated with design and construction of the off-site sewer extension
within Gene Autry Trail, from Vista Chino to Via Escuela, may be reimbursed,
pursuant to a Sewer Reimbursement Agreement approved by the City Council in
accordance with the policies established by Resolution 13773, and amended by
Resolution 15975. Following completion and acceptance of the off-site sewer
extension by the City Engineer, if reimbursement is requested in writing by the
applicant, the applicant may submit a formal request for preparation of a Sewer
Reimbursement Agreement with a $2,500 deposit for City staff time associated
with the preparation of the Sewer Reimbursement Agreement, including City
Attorney fees, and payment of all associated staff time and expenses necessary
in the preparation and processing of the Sewer Reimbursement Agreement with
the City Council, and additional deposits as necessary when requested by the
City, which are included in the amount that may be reimbursed to the applicant
through the Sewer Reimbursement Agreement. The Sewer Reimbursement
Agreement is subject to the City Council's review and approval at a Public
Hearing, and its approval is not guaranteed nor implied by this condition.
GRADING
39. It is recommended that the preliminary grading plan and proposed pad elevations
shown on Tentative Tract Map 33443 be revised to ensure that all on-site
stormwater runoff is directed to the common retention basin proposed at the
northwest corner of Gene Autry Trail and Via Escuela by surface drainage
through curbs and gutters, as approved by the City Engineer. It is recommended
that underground storm drain lines, catch basins, and other subsurface drainage
systems not be used, except for facilities necessary to direct on-site stormwater
runoff into the common retention basin. It is recommended that the following
changes be implemented to the proposed grading plan on Tentative Tract Map
33443:
a. The proposed low point at the throat of the cul-de-sac of Yvette Lane and
Trademark Lane should be relocated to the intersection with Zobwai Lane,
and the direction of fall should be reversed such that on-site stormwater
runoff within Yvette Lane and Trademark Lane is directed to Zobwai Lane at a
minimum slope of 0.35%. A high point should be created at the middle of the
cul-de-sac at Lots 48 and 49 on Yvette Lane; and at Lots 58 and 59 on
Trademark Lane.
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Director of Planning
TTM33443
March 3, 2006
b. A high point should be created on Rosewood Drive and Contempo Lane at
least mid-way between Via Escuela and Zobwai Lane; the direction of fall
should be reversed such that such that a majority of the on-site stormwater
runoff on Rosewood Drive and Contempo Lane is directed to Zobwai Lane at
a minimum slope of 0.35%. A cross-gutter should be constructed across the
south leg of the Rosewood Drive and Zobwai Lane intersection to accept and
direct runoff from Rosewood Drive to Zobwai Lane.
c. Pad elevations for Lots adjacent to Yvette Lane and Trademark Lane should
be revised to provide for the recommended direction of fall from south to
north. It is recommended that pad elevations for Lots along Via Escuela be
elevated to reduce pad elevation differences between the Lots 48, 49, 58, and
59. It is recommended that a closer examination of existing finish floor
elevations of homes located along the south side of Via Escuela be made to
ensure that new finish floor elevations of homes located along the north side
of Via Escuela (on Lots 33 through 37) differ by no more than 2 feet.
d. Pad elevations for Lots adjacent to Rosewood Drive should be revised to
provide the recommended direction of fall from south to north at a point
approximately mid-way between Via Escuela and Zobwai Lane. It is
recommended that a closer examination of existing finish floor elevations of
homes located along the east side of Whitewater Club Drive be made to
ensure that new finish floor elevations of homes located along the west side
of Rosewood Drive (on Lots 1 through 7) differ by no more than 2 feet.
e. Pad elevations for Lots adjacent to Contempo Lane should be revised to
provide the recommended direction of fall from south to north at a point
approximately mid-way between Via Escuela and Zobwai Lane.
40. It is recommended that drainage swales be provided adjacent to all curbs and
sidewalks to keep nuisance water from entering the public streets, roadways, or
gutters.
41. It is recommended that a National Pollutant Discharge Elimination System
(NPDES) stormwater permit, issued from the California Regional Water Quality
Control Board (Phone No. 760-346-7491) be obtained for the proposed
development and that a copy of the executed permit be provided to the City
Engineer prior to issuance of a grading permit.
42'. It is recommended that the applicant deposit with the City a cash bond of two
thousand dollars ($2,000.00) per disturbed acre for mitigation measures for
8
Director of Planning
TTM33443
March 3, 2006
erosion/blowsand relating to this property and development in accordance with
City of Palm Springs Municipal Code, Section 8.50.025 (c).
43. In the event that the export of soil is required from the proposed development
during rough grading, it is recommended that the applicant obtain clearance from
the Department of Food and Agriculture for export of native soil 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) in
cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project.
The California Department of Food and Agriculture office is located at 73-710
Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
44. It is recommended that a mylar copy of the approved Grading Plan be provided
to the Engineering Division for the City's information, use, and files.
DRAINAGE
45. It is recommended that the applicant dedicate a public drainage easement over
the common retention basin located adjacent to the northwest corner of Via
Escuela and Gene Autry Trail as necessary for release of stormwater runoff from
the public streets proposed within Tentative Tract Map 33443. It is
recommended that the public drainage easement be approved by the Bureau of
Indian Affairs and recorded with the Riverside County Recorder prior to approval
of a final map or issuance of grading permit.
4Ei. It is recommended that for all stormwater runoff falling on the site, retention or
other facilities approved by the City Engineer be required to contain the
increased stormwater runoff generated by the development of the property, as
described in the Preliminary Hydrology Report for Tentative Tract No. 30350,
prepared by The Keith Companies, dated October 17, 2005 (as amended). Final
retention basin sizing for the common retention basin located adjacent to the
northwest corner of Via Escuela and Gene Autry Trail proposed within Tentative
Tract Map 33443 should be finalized in the Final Hydrology Report.
47. It is recommended that all stormwater runoff passing through the site be
accepted and conveyed within the proposed public streets by surface drainage
through curbs and gutters, as approved by the City Engineer. It is recommended
that underground storm drain lines, catch basins, and other subsurface drainage
systems not be used, except for catch basins and storm drain lines necessary to
convey surface drainage at the end of Helene's Trail into the common retention
basin. It is recommended that the drainage outlet into the common retention
9
s�i9
Director of Planning
TTM33443
March 3, 2006
basin be made into a drywell, and not directly onto the surface of the bottom of
the retention basin.
48. It is recommended that the applicant install a drywell, or series of drywells, within
the common retention basin located adjacent to the northwest corner of Via
Escuela and Gene Autry Trail, as necessary to collect and percolate stormwater
runoff, including nuisance water, conveyed into the retention basin. It is
recommended that the drywells be appropriately sized to accommodate the
expected daily nuisance water, as well as runoff from ordinary storm events (2-
year storm events), unless otherwise approved by the City Engineer.
49. It is recommended that storm drainage improvements and the common retention
basin be privately maintained by a Home Owners Association (HOA) with
provisions included in Covenants, Conditions and Restrictions (CC&R's) for the
maintenance of the storm drainage improvements and common retention basin
by the HOA acceptable to the City Engineer.
50. This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the
Whitewater River Region from the Colorado River Basin Regional Water Quality
Control Board (RWQCB). The applicant is advised that installation of BMP's,
including mechanical or other means for pre-treating stormwater runoff, may be
required by regulations imposed by the RWQCB. It is recommended that the
developer design and install appropriate BMP's, in accordance with the NPDES
Permit, that effectively intercept and pre-treat stormwater runoff from the project
site, prior to release to the City's municipal separate storm sewer system
("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, the
City recommends that such measures be designed and installed on-site; and that
provisions for an indefinite duration of maintenance of the measures be provided
to the satisfaction of the City Engineer, including provisions in Covenants,
Conditions, and Restrictions (CC&R's) for the development.
51. It is recommended that the applicant prepare flood control improvement plans
prepared by a California registered civil engineer subject to review and approval
by the Riverside County Flood Control & Water Conservation District (RCFC) for
construction of storm drain improvements necessary to accept and convey all
existing off-site stormwater runoff entering the subject property from the vacant
parcels north of the subject property (identified by Assessor's Parcel Number
677-030-001 and 677-030-019) to the Whitewater River levee. The storm drain
improvement plans should be approved by RCFC prior to approval of a grading
plan.
10
D'orector of Planning
T'rM33443
March 3, 2006
52. It is recommended that a storm drain easement be obtained across the vacant
parcels north of the subject property (identified by Assessor's Parcel Number
677-030-001 677-030-019) as necessary to accommodate required storm drain
improvements approved by Riverside County Flood Control & Water
Conservation District (RCFC) for conveyance of off-site stormwater runoff to the
Whitewater River levee. The public storm drain easement should be granted by
the record property owner and recorded with the Riverside County Recorder prior
to approval of a final map or issuance of a grading permit.
53. If the Final Hydrology Report demonstrates that the 100-year developed
stormwater runoff volume is not contained within the public street right-of-way, it
is recommended that easements for storm drainage purposes be dedicated to
the City adjacent to the public street right-of-way as required to contain the 100-
year stormwater runoff.
54. It is recommended that storm drain improvement plans be submitted for all on-
site storm drainage system facilities for review and approval by the City
Engineer.
GENERAL
55. It is recommended that any utility trenches or other excavations within existing
asphalt concrete pavement of off-site streets required by the proposed
development be backfilled and repaired in accordance with City of Palm Springs
Standard Drawing No. 115. It is recommended that the applicant be responsible
for removing, grinding, paving and/or overlaying existing asphalt concrete
pavement of off-site streets as required by and at the discretion of the City
Engineer, including additional pavement repairs to pavement repairs made by
utility companies for utilities installed for the benefit of the proposed development
(i.e. Desert Water Agency, Southern California Edison, Southern California Gas
Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and
other street cuts within existing asphalt concrete pavement of off-site streets
required by the proposed development may require complete grinding and
asphalt concrete overlay of the affected off-site streets, if recommended by the
City Engineer. It is recommended that the pavement condition of the existing off-
site streets be returned to a condition equal to or better than existed prior to
construction of the proposed development.
56. It is recommended that all proposed utility lines be installed underground.
11
DOrector of Planning
TrM33443
March 3, 2006
57. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code,
all existing and proposed electrical lines of thirty-five thousand volts or less and
overhead service drop conductors, and all gas, telephone, television cable
service, and similar service wires or lines, which are on-site, abutting, and/or
transecting, shall be installed underground unless specific restrictions are shown
in General Orders 95 and 128 of the California Public Utilities Commission, and
service requirements published by the utilities. It is recommended that the
existing overhead utilities across the west property line be installed underground.
It is recommended that a detailed plan approved by the owners of the affected
utilities depicting all above ground facilities in the area of the project to be
undergrounded, be submitted to the Engineering Division prior to issuance of a
building permit. It is recommended that undergrounding of existing overhead
utility lines be completed prior to issuance of a certificate of occupancy.
58. It is recommended that all existing utilities be shown on the Grading Plan
required for the project and that the existing and proposed service laterals be
shown from the main line to the property line.
59. It is recommended that upon approval of any improvement plan by the City
Engineer, that the improvement plan be provided to the City in digital format,
consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing
exchange file). It is recommended that any variation of the type and format of the
digital data submitted to the City, be authorized by prior approval of the City
Engineer.
601. It is recommended that the original improvement plans prepared for the proposed
development and approved by the City Engineer be documented with record
drawing "as-built' information and returned to the Engineering Division prior to
issuance of a certificate of occupancy. It is recommended that any modifications
or changes to approved improvement plans be submitted to the City Engineer for
approval prior to construction.
61. It is recommended that nothing 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 in accordance with City of
Palm Springs Zoning Code Section 93.02.00, D.
62, It is recommended that 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.
12
Director of Planning
TrM33443
March 3, 2006
MAP
6:3. It is recommended that a Final Map be prepared and recorded with the Riverside
County Recorder for the subject development, and a mylar copy provided to the
Engineering Division for the City's information, use, and files.
64. It is recommended that a copy of draft Covenants, Conditions and Restrictions
(CC&R's) be submitted to the City Attorney for review and approval for any
restrictions related to the Engineering Division's recommendations prior to
approval of the Final Map.
TRAFFIC
65. Based on the Alexander Vista Estates (for Tentative Tract Map 30350) and
Alexander Village (for Tentative Tract Maps 33443 and 33623) Traffic Analysis
Report prepared by Eilar Associates, dated April 28, 2005 (as revised), the
following mitigation measures are recommended:
a. The applicant should pay a fair share percentage of 0.76% (or $1,132.95) for
the installation of a traffic signal at Gene Autry Trail and Via Escuela prior to
approval of a final map.
b. The applicant should pay a fair share percentage of 1.68% (or $5,054.70) for
a future upgrade of the existing traffic signal, construction of a northbound
right turn lane, and an additional southbound left turn lane at the intersection
of Vista Chino and Farrell Drive prior to approval of a final map.
c. The applicant should pay a fair share percentage of 1.98% (or $2,963.10) for
the installation of a traffic signal at Vista Chino and Whitewater Club Drive
prior to approval of a final map.
66. It is recommended that a minimum of 48 inches of clearance be provided on
public sidewalks for handicap accessibility. The City recommends that minimum
clearance on public sidewalks 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 Via Escuela,
Rosewood Drive, Yvette Lane, Kitnick Lane, Trademark Lane, Contempo Lane,
Helene's Trail, and Zobwai Lane frontages of the subject property.
67. It is recommended that all damaged, destroyed, or modified pavement legends,
traffic control devices, signing, and striping associated with the proposed,
13
Director of Planning
TTM33443
March 3, 2006
development be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
68. It is recommended that a street name sign be installed at each street intersection
in accordance with City of Palm Springs Standard Drawing Nos. 620 through
625.
69. It is recommended that a 30 inch stop sign, stop bar, and "STOP" legend be
installed for traffic in accordance with City of Palm Springs Standard Drawing
Nos. 620-625 at the following locations:
a. Northwest corner of Rosewood Drive and Via Escuela
b. Northwest corner of Contempo Lane and Via Escuela
c. Northeast corner of Zobwai Lane and Rosewood Drive
d. Southeast corner of Yvette Lane and Zobwai Lane
e. Southeast corner of Trademark Lane and Zobwai Lane
f. Southeast corner of Contempo Lane and Zobwai Lane
g. Northwest corner of Kitnick Lane and Zobwai Lane
70. It is recommended that traffic striping and signage improvements for the median
proposed at the intersection of Zobwai Lane and Helene's Trail be submitted to
the City Engineer for review and approval.
71. It is recommended that construction signing, lighting and barricading be provided
on all projects as required by City Standards or as directed by the City Engineer.
As a minimum, all construction signing, lighting and barricading should be in
accordance with State of California, Department of Transportation, "Manual of
Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or
subsequent additions in force at the time of construction.
72. It is recommended that the Transportation Uniform Mitigation Fee be paid prior to
issuance of building permit in accordance with the Coachella Valley Association
of Governments fee structure for single family residences.
Submitted: Date
Marcus L. Fuller ^
Assistant Director of Public Works/
Assistant City Engineer
14
Gpp pp N _ BAND
p F„ ppi� pp pp A M A N
TRIBAL PLANNING 84 DEVrLOPMENT
March 23, 2006
Via Facsimile and Regular Post
Craig A. Ewing, Director of Planning Services
CITY OF PALM SPRINGS
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
RE: Alexander Village Tribal Trust Parcel
Dear Mr. Ewing,
The Indian Planning Commission (IPC) reviewed the above project proposal at the
March 20, 2006 meeting. The IPC recommended approval of the project and the
Environmental Assessment to the Tribal Council subject to the associated conditions of
approval and mitigation measures. All engineering conditions recommended by the City
Public Works Department were approved. A copy of the staff report is attached for your
information. The report includes the list of in-lieu contributions that the developer will be
required to pay.
As we discussed on the phone yesterday, you will schedule both the allotted and Tribal
projects for the April 5th City Council meeting. Your staff will publish public notices as
needed.
If you have any questions, please call me at 760-883-1326.
Very truly yours,
Margaret E. Park, AICP
Director of Planning
AQUA CALIENTE BAND
OF CAHUILLA INDIANS
MP/mg
Attachment
C: Tom Davis, Chief Planning & Development Officer
Kathy Marx, Senior Planner
Edward Robertson, City of Palm Springsl
650 (LAST TAHQUITZ CANYON WAY, FALM SPRINGS , CA 02252
T 760/325/3400 F 760/325/6952 AGUACALIENTE.ORG
F CA1�F TRIBAL PLANNING & DEVELOPMENT
Q>e
CAHUIIGP
STAFF REPORT
DATE: March 20, 2006
TO: Indian Planning Commission j
FROM: Kathy Marx, Senior Planner i61N�
RE: Alexander Village, Tribal Trust IParcel, Planning Permit# 08-05, Tentative Tract
Map 33443
Applicant: Owner:
Contempo Homes Tribal Trust Parcel TIE
Project Description:
Alexander Village is a 68 unit single family residential project proposal by Contempo Homes
located on approximately 21.02 acres of Tribal Trust property. The property is located at the
northwest corner of the intersection of Gene Autry Trail and Via Escuela.
The property is vacant. Via Escuela, a public street, is adjacent to the south side of the
property. The property to the north of the Tribal Trust parcel consists of a ten acre fee parcel
on the northwest and a ten acre Allotted parcel of the northeast. The Allotted parcel's
buildable site consists of 3.42 acres. The rest of the parcel is dedicated as a constructed
storm drain channel with levee maintained via an easement to Riverside County Flood Control
(RCFC). The channel transects the Allotted parcel and the northeast corner of the Tribal Trust
parcel in a northwest to southeast direction. The flood control channel is directed under Gene
Autry Trail. Therefore the site elevation is 6'± below the road grade of Gene Autry Trail.
All three parcels of land are being processed concurrently in order to create two single family
residential developments that will share basic infrastructure such as internal street
connectivity, water, sewer and storm drain systems.
Access to the Tribal Trust parcel is provided by two entry points on Via Escuela and one entry
point at the northwest corner of the fee parcel. Surface runoff created by the development of
the parcel will be retained on site. All parcels (fee, allotted and Tribal Trust) will drain into one
1.23 acre retention basin located in the southeast corner of the Tribal Trust parcel. The depth
of the retention basin is 5 feet. Flow through runoff (off site runoff) is proposed to be directed
to the adjacent RCFC channel via an underground drainage system and penetration of the
CAL/E� TRIBAL PLANNING & DEVELOPMENT
Q � 'h
levee. A condition of approval has been incorporated to ensure RCFC approval of that system
before issuance of grading permits. (See City Engineering COA # 51).
The proposed development would consist of sixty-eight units ranging is size from 1 ,904 (three
bedroom, three bath) to 2,419 square feet (four bedroom, three bath) models. Each residence
will have an enclosed two-car garage with direct access to the unit. Each unit will also have a
private 210 square foot swimming pool. There are three house plan selections. Common
amenities include access to a public hiking, biking and equestrian trail along the top of the
levee and a 1.23 acre retention basin located in the southeastern corner of the parcel that will
also serve as a community park. The project consists of one story structures with a maximum
height of 12 feet that is in keeping with the existing single story nature of the neighborhood.
The architectural style is contemporary based upon the Palm Springs 1950's "Alexander'
architectural styles. The landscape proposal for the project is a water efficient soft desert
theme with a minimum of turf areas. The project is touted as a "green" project incorporating
both passive and active solar heating and cooling design elements.
The project is consistent with the Single Family Residential (R-1-D) zoning standards in which
it is located with the exception of lot depths, Minimum lot size is 7,500 square feet. Although
10 of 68 lots are substandard in depth, the increases in lot width create additional street
frontage enhancing driveway spacing and a street perception similar to some of the earlier
1950's "Alexander" homes. It is the intent of the developer to build upon the success of the
historic Alexander neighborhoods while incorporating a contemporary and environmentally
friendly building style.
Tentative Tract Map 33443 was prepared for the proposed project. It consists of sixty-eight
residential lots and seventeen lettered lots with a total gross acreage of 21.02± acres. The
gross acreage incorporates the public street easements.
Additional information regarding specific details of the project is included in the attached
Project Report.
Review of Project Information:
The project has been reviewed in accordance with the Agreement for Tribal/City Land Use
Coordination on Certain Parcels signed into effect on December 15, 1998. City has reviewed
the project in respect to fiscal impact to the municipality. Results from those reviews will be
discussed further under Project Concerns. Additionally City Engineering staff has
recornmended a variety of Conditions of Approval for consideration by the Indian Planning
Commission and Tribal Council.
".Ifll;
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OP CAC/E� TRIBAL PLANNING & DEVELOPMENT
Pursuant to the Tribal Environmental Protection Act (TEPA), an environmental assessment
has been prepared. Comments were solicited from federal, state and local agencies by a
Notice of Preparation, published in The Desert Sun, May 16-18. 2005. Additionally individual
notification was sent to all property owners within a 300-foot radius of the project site and
impacted federal, state and local agencies. On October 1, 2005, a Notice of Availability for
review of the draft environmental assessment was published in The Desert Sun, with again
separate notification to adjacent property owners and affected agencies.
The environmental assessment includes a recommended determination that the proposed
action will not significantly impact the quality of the natural environment. All project design
features, standard conditions or requirements and mitigation measures incorporated in the
environmental assessment shall be incorporated as conditions of approval.
Lastly, an open house regarding the proposed project was conducted August 29, 2005, at the
Vista Del Monte Elementary School by Tribal staff to ascertain any neighborhood concerns.
Six community members were in attendance. Concerns from the residents related to
increased traffic and accessibility of public spaces. A more detailed review of those concerns
is presented in the following section, Project Concerns.
Project Concerns:
Upon Planning staff review of the project proposal several items of concern were raised. They
include the following:
)> The drainage plan for flow-through runoff requires RCFC approval for penetration of the
levee. Approval has not been obtained as yet.
Site Plan — Uniform grid pattern, lack of pedestrian connectivity within the project and
only one large retention basin servicing the overall project but located exclusively on the
Tribal Trust parcel do not lend to a 'green' development concept.
Street widths
1> Sound wall along the eastern property boundary adjacent to Gene Autry Trail was
proposed as 12' high.
Community connections between the two projects included in the overall proposal
(Alexander Village and Alexander Vista Estates) does not lend to the support of a
unified residential community.
Resolutions to these concerns were addressed or have been incorporated as Conditions of
Approval as follows:
➢ A condition of approval has been included requiring the sign off of RCFC on all drainage
plans prior to the issuance of all grading permits. (See City Engineering COA # 51).
TRIBAL PLANNING & DEVELOPMENT
50
-�°
CAHU���P
The retention basin has been redesigned to function as open public space and interior
connectivity if provided by sidewalks. The uniform grid system does not incorporate
open space at a variety of locations with pedestrian interchange connectivity within the
project site. This type of walkable community concept was discussed but was not
chosen in order to maximize the number of residential units. Therefore resolve to this
concern has not occurred.
➢ Interior street widths have been narrowed to 36' creating less impervious surface and
added lot depth in a revised site plan.
The sound wall has been reduced to 7 feet in height and is 540 feet long. Additional
landscape berming is being proposed to aid in sound attenuation and be aesthetically
pleasing.
y Narrowing of the interior streets will provide traffic calming which does provide a
unifying element to neighborhoods. Lot sizes have been increased in the Alexander
Village portion of the overall project to help overcome the perception of inconsistency of
quality between the three parcels.
CCU concerns included the following:
D The original on site and off site drainage plan proposed was not functional.
A Interior streets should be dedicated as public.
Responses to these concerns included the following:
The drainage plan was separated into two plans: off site and on site. Both plans were
redesigned to address City staff concerns.
Interior streets are proposed to be dedicated public streets.
Public utility company concerns included the following:
➢ SunLine Transit requested:
1. Ensure that pedestrian circulation is provided throughout the proposed
development to facilitate direct and continuous access to and from proposed
buildings in the project area.
2. Ensure that sidewalks are incorporated and constructed throughout the project
site to assure that future residents can easily access services provided in the
neighborhood.
3. Provide direct pedestrian circulations and connections to transit service offered in
close proximity to the proposed development to afford residents the opportunity
to use transit service provided in the area.
Riverside County Flood Control and Water Conservation District requested:
1!III'
�P CAUE� TRIBAL PLANNING & DEVELOPMENT
j c'
CHHUI��
1. An encroachment permit be obtained for any construction related activities within
the RCFC Channel
2. Impacts to the Master Drainage Plan be subject to RCFC review
Responses to these concerns include the following:
Y SunLine
1, Sidewalks have been provided within the interior of the project site.
2. Sidewalks have been proposed along the perimeter of the project site adjacent to
Via Escuela and a bicycle path is proposed adjacent to Gene Autry Trail per the
City of Palm Springs Circulation map.
3. As above.
)> Riverside County Flood Control and Water Conservation District
1. Encroachment permits shall be obtained as necessary.
2. Approval shall be obtained for all drainage plans, on and off-site by RCFC prior
to the issuance of grading permits (See City Engineering COA # 51.)
Neighborhood meeting concerns included the following:
A Increased traffic
➢ Public accessibility to the site
Responses to these concerns include the following:
y A traffic study has been prepared and mitigation measures included within the
Environmental Assessment to address increased traffic demands within the project
vicinity.
➢ The project is not gated. Accessibility is provided by public streets and private
sidewalks. Additionally the project has been conditioned to incorporate pedestrian
gates in the fencing surrounding the open space park in the southeast corner of the site.
(See Planning COA# 12.) Access has additionally been provided on the eastern
project perimeter from the public street to the top of the levee to accommodate
pedestrian, bicycle and equestrian traffic. (See Planning COA # 15h.)
1rf��
AP CA(/ TRIBAL PLANNING & DEVELOPMENT
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Fiscal Impact Analysis
The; following table represents a fee schedule submitted by the City and Tribal staff responses
to such. The City's fee review is attached in its entirety. The developer will provide an in-lieu
contribution in place of certain fees listed below.
One Time Fees
FEE PURPOSE AMOUNT TRIBE RESPONSE
Building Permit Construction Permit $ 47,600.00 No. Permit will be
issued by Tribe after
plan check by Tribal
consultant.
Plan Check Fee Construction 68,000.00 No. Tribal staff and
documents' plan consultants perform
check plan checks.
Issuance Issuance of permits 6,392.00 No. Permits will not
be issued by City.
SMIP Tax Goes to State Fund 1,700.00 No, Asa sovereign
for fault zone nation, the State's
mapping fault mapping
excludes reservation
properties.
Microfilm Fees Maintains documents 1,700.00 No. However,
for emergency digital versions of
situations as-built plans will be
provided for the
City's files.
Public Arts Fee For public art 38,250.68 Yes or equivalent
public art consistent
with other areas of
the City will be
provided.
Construction Tax Funds City programs 72,379.20 No. There is no
via the General Fund rational nexus for this
fee. However, Tribal
annual
contributions to
community
programs are in
excess of this
amount
/ri!I
F CAL/E TRIBAL PLANNING & DEVELOPMENT
CAHUII�F
Sewer Inspection For inspection of 3,128.00 Yes
connection of units to
public sewer
Sewer Agreement Reimbursement for N/A N/A
sewer line extension
Sewer Connection For connection to 163,744.00 Yes
public sewer
Drainage Fee For use of public 76,500,00 No. The project will
storm drain system retain storm water
runoff on site.
Transportation For regional 54,013.08 No. This fee is not
Uniform Mitigation transportation applicable to Tribal
Fee improvements governments.
However, this
amount will be
contributed to
Regional Traffic
Improvements.
Parks/Quimby Fee For the acquisition To be determined
and improvements to
City parks
Planning Fee Plan check fee for 25,500.00 No. Tribal staff will
Planning Department review plans for
staff compliance.
Technology Fee For funding of City 19,890.68 No. Only Tribal staff
technology equipment and equipment will be
utilized in the review
process.
General Plan Fee For the update of the 9,333.00 No.
City's General Plan
TOTALS $ 588,130.64 $ 259,135.76
'*NOTE: The Tribe is providing $300,000.00 towards the General Plan update through an
amendment to the Spa Resort Casino Disposition and Development Agreement.
�P CAUE'
t�, TRIBAL PLANNING & DEVELOPMENT
PI4'YS�F MJ��1 •
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Recommendation:
That the Indian Planning Commission recommend to the Tribal Council approval of the
Alexander Village project, Case #08-05, subject to the attached Conditions of Approval.
Exhibits:
A. (Project Report
B. City Fee Schedule
C. Correspondence (SunLine Transit Authority, Riverside County Flood Control)
D. Conditions of Approval: Planning, Engineering and City of Palm Springs Public Works
PROOF OF PUBLICATIzQ, ;._ ey :n�is�s span for County Clerk's Filing Stamp
(2015.5.C.C.P)
• I C 0945
NOTICE OF PUBLIC MEETING
CITY COUNCIL
I CITY OF PALM SPRINGS
TENTATIVE TRACT MAP 33443
Alexander Village/Tribal Trust Lands
Northwest corner of
Gone Autrryy Troll and VIa Escucla
Section e,Tewnabip 45'„Range 8E.
STATE OF CALIFORNIA Trlbsl Trust Parcel TIE
County of Riverside NOTICE IS HERESY GIVEN that thu City Council
of the City of Palm 5prm s, California, well hold a
public meeting at Its Mee hg of April 5,2006. I'he
City Council mowing begins at 5.00 p.m, in the
Ccunc,)Chamber at City Hall,3200 East TanqulT7
Canyon Way, Palm gprin95,
no ppurpose of this meeting Is to consider toe
adoppbory a "Con(arnmty Report on..n apppllcstwn
by Contempn Homes tar a Tentative Tract Map
1 am a Citizen of the United states and a resident of located on TrhoI Trur:t Lands The proposed pro- I
]ect 1s to subdivide approximatoly Twenty-two (221
the County aforesaid; 1 am over the age of eighteen acres nto a residential subdivision of slaty-e,gh,
t88) lots with .rddiupnal lots for development of
years,and not a party to or interested in the pprorat
ciline"treat,, drainage baslnl and other support
in
above-entitled matter.I am the principal clerkclerkof a us.
printer of the,DESERT SUN PUBLISHING `'� ar•,,,,-Ve,,,,,,�,
COMPANY a newspaper of general circulation,
printed and published in the city of Palm Springs,
County of Riverside,and which newspaper has beeni.
adjudged a newspaper of general circulation by the i�lh
Superior Court of the County of Riverside,State of
California under the date of March 24,1988.Case
Number 191236;that the notice,of which the i';L' fi' i
it�f,"I tit i',�-Ts' I ;l�
annexed is a printed copy(set in type not smalier -i„'�7,�111,.ili, � i1 II
than non Paris],has been published in each regular �i,,, - i
and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit: i
iroc rn,`Famr:
March 25d1,2006
�_•-- -.,— A Project Report has been prepared by the A-qqua
--"-----" -`^•- C9liente Band of Cahullla Indians arts submitted
to the 0, pursuant to the terms of the Agree-
ment for Trlbsl /City Land Use Coordination an
._•..---•--- •---^--- certain parculs as of Cacember 15. 199a. The
City Council will also consider a waiver of eertah
All in the year 2006 rotossinp requirements for this project, as al-
PoWad by Section 7 of the Agreerforit.
1 certify(or declare)under penalty of perjury that the The project ,s ,n conformance with the Clly Can-
ard PIsO and all development standards of the R-
foregoing is true and correct. IrD on,
district In wh,ch it is located
REVIEW OF PROJECT INFORMATION:The pro-
Dated at Palm S rims California this---27", -day fact report and other it uppertln documents re-
p gr \ -garding this matter are available{or public eavlew
at the City HTII between the hours of 8,00 a.m.
j and b:DO p m. Monday throwph Friday, Please
of-----Mar 6---- �}-- 2' 06 contact the Office of the Clfy Clark at (760)
323.820A ,f you would like to schedule an sp-
/1 polntment to review the.,a documents
-` COMMENT ON THIS APPLICATION: Rewpnso
to this notice may be mtde verbally at the Public,
Moering and/or Ih wr allp bofnd the mean:p
$Ign tore •`� Wrlttcn ^omments may be mode to :he Clfy
I � Council by letter(for mall or hind delivery)to:
James Thompson City CIerK
3200 E Tanqul= 6snyan Way
Palm Springs, CA 92262
Any challenge of the proposed pro act In coue'
may be limited to raising onlyv Those 'sue* raised
at the public meeting closed ad In this notice or
• .� In written correaoondonce delivered to the• City
Clerk at, or prior to the pabllc meeting. (Govemn
ment Code Section 65009[b](2l)
An opportunity will be given at Said bearIi for ail
interested parscns to be heard questions regard-
0�this ca,u may be eirectud To Craig A. Ewingg
AICR, Director of Planning Services, at (76$
320.82a5,
S,naposlta ayyadd con eats carte, par favor Ila,po
a la Clugad du Palm Spring yy puode hdblar con
Nadine Roger telefonp (760)32,-8245.
•ITmes Tnompso,1='Ity L.IarK
Published:3/25/3098 J
NOTICE OF PUBLIC MEETING
CITY COUNCIL
CITY OF PALM SPRINGS
TENTATIVE TRACT MAP 33443
Alexander Village/Tribal Trust Lands
Northwest corner of Gene Autry Trail and Via Escuela
Section 6, Township 4S., Range 5E.
Tribal Trust Parcel T1 E
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will
hold a public meeting at its meeting of April 5, 2006. 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 meeting is to consider for adoption a "Conformity Report" on an application
by Contempo Homes for a Tentative Tract Map located on Tribal Trust Lands. The proposed
project is to subdivide approximately twenty-two (22) acres into a residential subdivision of sixty-
eight (68) lots with additional lots for development of private streets, drainage basins and other
support facilities.
A Project Report has been prepared by the Agua Caliente Band of Cahuilla Indians and
submitted to the City pursuant to the terms of the Agreement for Tribal / City Land Use
Coordination on certain parcels as of December 15, 1998. The City Council will also consider a
waiver of certain processing requirements for this project, as allowed by Section 7 of the
Agreement.
The project is in conformance with the City General Plan and all development standards of the
R.-I-D zoning district in which it is located.
REVIEW OF PROJECT INFORMATION: The project report and other supporting documents
regarding this matter are available for public review at the City Hall between the hours of 8:00
a.m. and 5:00 p.m., Monday through Friday. 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 Meeting and/or in writing before the meeting. 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 meeting described in this notice, or in written correspondence delivered to the City
Clerk at, or prior, to the public meeting. (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 Craig A. Ewing, AICP, Director of Planning Services, at
(760) 323-8245.
Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Springs y puede hablar
con Nadine Fieger telefono (760) 323-8245.
acmes Thompson, City Clerk
IN
ytl"" F, Department of Planning Services w E
Vicinity Map S
a
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- VISTA CHI P10
I'_egend
[� Site
��500'R adiu s
CITY OF PALM SPRINGS
CASE: NO: TTM 33443 DESCRIPTION: To consider for adoption a "Conformity
Report" on an application by Contempo Homes for a
APPLICANT: Alexander Village/Tribal Tentative Tract Map located on Tribal Trust Lands.
Trust Lands APN: 677-030-032 and 677-030-033.
I 1
i
1
1 Project Report
1 - -
-------------
31
1
z.
r r e a o1:
po
1
Prepared for:
a
The City of Palm SpMgs
1
December 21 , 2005
1
ALEXANDER VILLAGE
PROJECT REPORT
Prepared fora
City of Palm Springs
Prepared by:
AGUA CALIENTE BAND OF CAMILLA INDIANS
Planning, Building & Engineering Department
650 E. Tahquitz Canyon Way
Palm Springs, California 92262
ihR _ " 200fi
1
1
i
TABLE OF CONTENTS
1
Section Page
1
1 I. INTRODUCTION... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1
II. EXISTING CONDITIONS ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... . 1
III. STATEMENT OF PROJECT... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
IV. ARCHITECTURAL CONCEPT AND LANDSCAPE CONCEPT 6
V. ENVIRONMENTAL ANALYSIS... ... ... .... ... ... ... ... ... ... ... ... ... .. 8
' VI. TENTATIVE TRACT MAP 33443... ... ... ... ... ... ... ... ... ... ... ... ... 9
VII. FISCAL IMPACT ANALYSIS... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9
VIII. PLANNING CONDITIONS OF APPROVAL... ... ... ... ... ... ... ... .. 10
1 IX. ENGINEERING CONDITIONS OF APPROVAL... ... ... ... ... ... .. 17
1
i
1
1
1 .
1
! TABLE OF EXHIBITS
' Exhibit
Regional Vicinity Map... ... ... ... ... ... ... ... ... ... ... ... ... ... . A
! Local Vicinity Map... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... B
Site Photographs... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... C
SitePlan... ... ... ... ... ... ... ... ... ... 11. ... ... ... ... ..I ... ... ... ... D
! Traffic Impact Analysis Study Area... ... ... ... ... ... ... ... . E
! Architectural Elevations and Floor Plans... ... ... ... ... ... F
! Material Samples... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... G
! Landscape Plans... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. H
Tentative Tract Map... ... ... ... ... ... ... ... ... ... ... ... ... ... ...
! Tribal Donations Table... ... ... ... ... ... ... ... ... ... ... ... ... ... J
!
!
!
I. INTRODUCTION
Alexander Village is a 68 unit single-family residential project proposal located on
approximately 21.02 acres of Tribal Trust property of the Agua Caliente Band of
Cahuilla Indians (Tribe). The property is located within Section 6, Township 4 S.,
Range 5 E., San Bernardino Meridian, Palm Springs, California, on the Reservation at
the northwest corner of the intersection of Gene Autry Trail and Via Escuela (Exhibits A
' and B).
This project report is submitted to the City of Palm Springs pursuant to the terms of the
Agreement for Tribal/City Land Use Coordination on certain parcels dated December
15, 1998, and in compliance with the Tribal Environmental Policy Act (TEPA) adopted
by Tribal Council March 7, 2000.
' II. EXISTING CONDITIONS
The property is presently vacant and previously undeveloped. The vegetative
community on site is predominately native species characterized generally as
ephemeral sand field in the Tribal Habitat Conservation Plan (THCP). The construction
of the Riverside County Flood Control levee at the northeast corner of the site has acted
as a wind deterrent for the site creating a more stabilized sand field biome (Exhibit C).
Full street dedications and improvements have not occurred adjacent to the site on
either Gene Autry Trail or Via Escuela. Gene Autry Trail is classified per Palm Springs
General Plan Circulation Element as a major thoroughfare. Street widening and
improvements are scheduled to occur within the next few years. Via Escuela is
classified as a collector street per the General Plan. Dedication of ultimate right-of-way
for frontage on Via Escuela and associated street improvements are necessary. Water
' service is provided to the project area by Desert Water Agency. Connectivity to an
existing wastewater line on Vista Chino will be required. A combination of overhead
and undergrounded utility lines is currently present on site. The closest natural gas
pipeline is located in Verona Road.
Existing adjacent properties are as follows:
North —Vacant, existing Tentative Tract Map 30350 on 11.42 acre fee parcel and
a proposed Tentative Tract Map 33623 on a 3.42 Allotted Trust parcel
West— Backing on rear property lines of existing single-family residences that
front on Whitewater Club Drive
South —Via Escuela, existing single-family residences on opposite side of street
East — Northeast corner bisected in a southeasterly direction by Riverside County
Flood Control District levee providing separation from the Whitewater River flood
channel. Directly east is Gene Autry Trail.
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III. STATEMENT OF PROJECT
Contempo Homes, proposes to build sixty-eight (68) single-family residences on leased
' Tribal Trust land. Lot sizes range from 7,831 square feet to 12,398 square feet (Exhibit
D). Residences range from 1,904 square feet to 2,419 square feet. Each residence will
have an enclosed two-car garage with direct access to the unit. Each unit will also have
' a private 210 square foot swimming pool.
The property is zoned single family residential (R-1-D). The project meets development
' standards for the zoning designation with the exception of lot depth.
As indicated previously the property to the north of the Tribal Trust parcel consists of a
' ten acre fee parcel on the northwest and a ten acre Allotted Trust parcel on the
northeast. The Allotted Trust parcel's buildable area consists of 3.42 acres.
All three parcels of land are being processed concurrently in order to create two single
family residential developments that will share basic infrastructure such as internal
street connectivity, water, sewer and storm drain systems. Tribal staff will direct the
entitlement and construction permitting process for the Tribal Trust parcel portion of the
proposed project per the Land Use Coordination Agreement with the City.
' A. Property Development Standards
The project is a permitted use within the Single-family Residential (R-1-D) zoning
' designation per City of Palm Springs Zoning Ordinance (PSZO). The following table
indicates PSZO Property Development Standards; allowed and proposed.
Property Development
Standard Allowed Proposed
' Lot Area 7,500 square feet >7,500 square feet
Minimum Lot Width
(interior) 75 feet >75 feet
Minimum Lot Width (corner
siding collector street) 82 feet >82 feet
Minimum Lot Width (corner
lots on cul-de-sac) 75' >75'
Minimum Depth 100, 17 lots are substandard in
depth'
Density 6 units/acre 4.86 units/acre
Building Height 12' at setback, 18' 12'
maximum on a 4:12 roof
pitch
Substandard by 10 feet or less.
Setbacks:
Front Yard/Side Front 25' All lots are compliant
Side (Interior lot) 7.5'
Side (Corner lot) 15'
Rear 15'
Distance between buildings 15' minimum >15'
Parking
Dwelling Units 136 136
TOTAL
Lot coverage 35% maximum <35%
B. Circulation
Access to the Tribal Trust parcel is provided by two entry points on Via Escuela and one
entry point at the northwest corner of the Fee parcel. Public streets within the project
' site provide connectivity to Via Escuela, a connector status roadway per the City's
General Plan circulation element, with a dedicated right-of-way of 60'. Via Escuela
intersects Gene Autry Trail, a major thoroughfare, at the southeast corner of the Tribal
Trust parcel. Gene Autry Trail is one of only two north/south connections from the City
of Palm Springs to Interstate 10 (2.5 miles± north of the project site).
A Draft Traffic Impact Analysis, Contempo Homes (Alexander Village & Vista Estates)
City of Palm Springs was prepared by Eilar Associates pursuant to direction by the City
of Palm Springs Traffic Engineering Department as of January 27, 2005. The study
made determinations based on the impact of all three parcels potential development.
The Tribal Trust parcel was not studied independently relative to circulation. The
following exhibit indicates the intersections that were studied (Exhibit E). The build out
year 2025 conditions were analyzed utilizing Coachella Valley Association of
Government's (CVAG) Average Daily Traffic count numbers.
The following street dedications, sections and right-of-way improvements shall be
incorporated as conditions of approval for the project:
' 1. Via Escuela shall have a total dedicated right-of-way of 60 feet. Thirty feet of
right-of-way is presently dedicated. A total of thirty feet of additional
dedication is required to fulfill the full street right-of-way. Of the sixty feet, forty
feet will represent the drive aisle and standard 6" curb and gutter. The
remaining twenty feet is portrayed as Lot A on the tentative tract map. It will
be additional street pavement bordered by a five foot sidewalk adjacent to
curb.
2. The Gene Autry Trail widening project is a City of Palm Springs project
proposed to widen Gene Autry Trail to 3 lanes in each direction from Vista
Chino to Via Escuela and to 2 lanes in each direction from Via Escuela north
to the Union Pacific Railroad bridge. The City of Palm Springs has requested
I , ALEXANDE , VIILLAGE
ALOTEE (3 8 G). 10 NOI`9E5
�— �} TRIBAL (21.l 2 .^G): 68 HOMES
HPN: 67l- 30-�052-AGB0GI
i OUANTITY NDISIZE OF FICHES
I O H0 1
V (ALt7 A� TYPE (2,2- O .FJ 18
\^A"' TYPE 2 (2,' O .F.) 2T
Vim' >
TYPE 2 (3- -A� GARACE) OI
TYPE 3 (1,11 35 �,.F.)
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ALEXANDER VILLAGE SITE PLAN W/68 HOMES ON TRIBAL LAND & 10 HOMES ON ALOTEE LAND S C A L E : 7" =50'-0"
Ei4HMa 10j'
Palm Springs E2
Country Club
Verona Road
Project
Site
Via Escuela
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sl
21
STUDYAREA INTERSECTIONS
TRAFFIC IMPACT ANALYSIS STUDY AREA
N.T TO SCALE
Figure 9
A EXHIBIT E
1
that any infrastructure improvements that would necessitate demolition of
Gene Autry Trail be conducted prior to the Trail widening project. Condition
' of Approval # 14b has been imposed to that effect. There are no additional
land dedications required for the widening of Gene Autry Trail.
The study recommended that the project install a traffic signal at Gene Autry Trail and
Via Escuela intersection to reduce the direct project traffic impact to below a level of
significance. The study additionally recommended that the project proponent pay a
traffic impact fee such as the CVAG Transportation Uniform Mitigation Fee (TUMF) in
order to mitigate the effects of cumulative project build-out effects. The
' recommendations have been included as conditions of approval (COA #'s 15c and 15e).
The Palm Springs General Plan circulation element proposes a horse trail on the south
side of the RCFCD levee and a Class III bikeway on the west side of Gene Autry Trail
adjacent to the project site. Both those recreational amenities will be incorporated
within the proposed project (COA #'s 15f and 15g). In order to access the levee trail
from the interior of the project site a trail ramp is proposed utilizing landscaped lot "I" on
the Tentative Tract Map.
C. Biology
A biological field survey was conducted on the project site by Eilar Associates' biologists
on October 26, 2004 and May 26, 2005. An evaluation was conducted in relation to the
Tribal Habitat Conservation Plan (THCP). An inventory of the observed flora and fauna
species in accordance with the designations of the natural and/or disturbed vegetation
communities was also compiled.
Chaparral sand-verbena Abronia villosa var. aurita was the only sensitive species found
' on the site as listed in the California Native Plant Society's rare, threatened or
endangered in California or elsewhere list. Of the 28 sensitive species considered in
the biological assessment, only two species have a high potential to occur on the
project site: the previously noted sand-verbena and the Coachella Valley flat-tailed
horned lizard. Six additional species have a low to moderate potential to occur: the
federally threatened and state endangered Coachella Valley fringe-toed lizard, the
federally endangered Coachella Valley milk vetch and four state Species of Special
Concern: Slender wooly heads, Palm Springs Pocket Mouse, Palm Springs Ground
Squirrel and black-tailed gnatcatcher.
A Section 7 consultation process was conducted between the Bureau of Indian Affairs
and the US Fish and Wildlife Service (Service). The Service determined that the
proposed mitigation included within the THCP of an imposition of an $800/acre fee was
appropriate and no further review shall be required (COA # 17).
4
D. Cultural
' A Phase I Cultural Resources Investigation was prepared in January 2005 and revised
July 2005, No known potentially significant cultural resources were found on the subject
property but it was determined that the recommendations of the Agua Caliente Historic
Preservation Director be incorporated as conditions of approval.
The Tribal Historic Preservation Director has reviewed the project proposal and cultural
resources investigation. It is requested that approved cultural resource monitor(s) be
present during any ground breaking activities on site. Should buried deposits be
encountered, the monitor may request the destructive construction halt and a qualified
Archaeologist investigate, and if necessary prepare a mitigation plan for submission to
the Tribal Historic Preservation Office (COA #'s 18, 19 and 20).
' E. Drainage and Water Quality
i A conceptual grading plan has been submitted relative to the project proposed. A
preliminary hydrology report was prepared on behalf of the entire project site on
October 20, 2004, and revised March 28, 2005. Flow-through water and on-site surface
runoff will be increased relative to the amount of impervious surface that will be
introduced by the development of a vacant site. Sheet runoff flows in a northwest to
southeast direction on the proposed project site. On-site runoff for the entire project
proposal (fee, Allotted and Tribal Trust parcels) will be retained in a 1.23 acre basin at
the southeast corner of the Tribal Trust parcel. The total acreage of the proposed
projects requires a retention pond of approximately 66,665 c.f. for the 100-year flood
' event. The pond will have a maximum depth of 5-feet and side slopes of 3:1. The area
will be landscaped and utilized as open space.
' Emergency overflow for the retention basin will be directed via landscaped swale to
existing inlets in Via Escuela. Project design features and standard requirements
recommended in the hydrology report will be incorporated as conditions of approval
(COA # Engineering 7).
Although the above hydrology plan is a workable resolution to on and off-site runoff
management for the project proposal site, another alternative has also been suggested.
This alternative would direct off-site flow-through runoff easterly via underground piping.
The levee maintained by Riverside County Flood Control and Water Conservation
(RCFC) District would be penetrated and the off-site runoff directed into the flood control
channel. Only on-site runoff would be directed to a similar retention basin as previously
proposed, thereby reducing the size and depth of the basin. This alternative plan
ahinges on the approval of the RCFC and is under consideration by RCFC presently.
F. Noise
Preliminary noise sources in the vicinity of the project sites include automobile and truck
traffic noise from Gene Autry Trail and Via Escuela. Aircraft overflight noise associated
1 with the Palm Springs Regional Airport has been evaluated and is considered
insignificant at the project site. Future exterior noise levels at the outdoor use areas of
the proposed project site will exceed maximum standards. Therefore mitigation will be
required. This mitigation shall consist of a 540-foot long, 7-foot high sound attenuation
barrier along the eastern property line, adjacent to Gene Autry Trail. Additional
landscape berming is being proposed to aid in sound attenuation and be aesthetically
pleasing. Additionally an exterior-to-interior acoustical analysis will be required for
Alexander Village at the time final building plans become available (COA #'s 41 and 42).
G. Air Quality
The EPA is solely responsible for the implementation of Clean Air Act regulations on
Tribal lands. State and local agencies, such as the California Air Resources Board,
' South Coast Air Quality Management District (SCAQMD) and the Coachella Valley
Association of Governments (CVAG) have no jurisdiction or responsibility on Tribal
lands. Despite not being required to do so by law, the Tribe will voluntarily comply with
the air quality standards of SCAQMD and the City for the proposed project. This
voluntary compliance does not include submission of the Tribe to SCAQMD authority or
payment of any fees to the SCAQMD. Conditions of approval have been incorporated
that will ensure voluntary compliance with air quality emission standards (COA #s 21 -
31).
H. Geology and Soils
A geological Technical Report was prepared in 2004 by LandMark for the proposed
project. The environmental analysis based on information contained within that report
has resulted in conditions of approval for the proposed project relative to clearing and
grubbing, building pad preparation and building standards (COA #s 32 - 34). In 1999
the Tribe adopted the Tribal Building and Safety Code in conformance with the Uniform
Building Code. Therefore, the proposed project will comply with all applicable
requirements of the California Building Code.
I. Public Utilities and Services
The impact of residential development as proposed has been evaluated in the Initial
Study/Environmental Assessment for Alexander Village and Alexander Vista Estates,
October 2005. In the past year the City of Palm Springs has initiated the formation of
assessment districts in order to assist in funding the increased demand for police and
fire protection when residential development occurs. This will be included as a
condition of approval for the proposed project (COA # 44),
IV. ARCHITECTURAL AND LANDSCAPE CONCEPT
O'Donnell + Escalante, an architectural firm from Palm Springs, California, has-created
a contemporary design for the residences based upon the Palm Springs 1950's
"Alexander" architectural styles. Each single family residence is incorporating
"n o,(F)
' numerous "green building" attributes. In order to achieve those green goals the
following guidelines were utilized in the design process for the residences and the site
plan:
1. Maximize southern solar orientation for winter passive solar heat gain
2. Minimize eastern and western solar exposures
3. Create floor plans that allow all living and sleeping areas to have direct access to
shaded outdoor areas: preferably these would be located on the north and south
orientations that are easy to control with simple overhangs
4. Protect the primary outdoor areas from the prevailing northwesterly winds
' 5. Create floor plans that, when desired, allow rooms to be cross-ventilated for
comfort
6. Protect the primary entry areas from sand storm winds
7. Orient the floor plans and design the roofs to allow seamless integration of solar
electric and water heating systems
8. Design the streets/circulation to minimize pavement ("heat island" effect)
' 9. Design the landscaping and garden walls to maximize wind protection and solar
access
10.Use indigenous plant material with minimal use of turf following Coachella Valley
Water District guidelines
Staff has reviewed the architectural elevations, landscape plans and site plan proposals
in relation to the above guidelines (Exhibits F — H). There are three house plans, each
incorporating the guidelines as presented above. In addition to incorporating
construction methodology and site relationships to maximize solar benefits, the houses
will be outfitted with solar electric and water heating systems. The site plan has also
undergone revisions in order to reduce the amount of interior street pavement by
reducing street and sidewalk widths.
! Staff has reviewed the architectural elevations and landscape plan proposals in relation
to the contiguous property west of the project site and the existing residences on the
southern side of Via Escuela. The proposed homes along Via Escuela will face the
street assuming connectivity with the existing neighborhood. The project is not gated.
The intent is to provide compatibility with the existing neighborhood while also
presenting a top quality product.
A open house regarding the proposed project was conducted August 29, 2005, at the
Vista Del Monte Elementary School by Tribal staff to ascertain any neighborhood
concerns. Six community members were in attendance. Concerns from the residents
were relative to increased traffic on Via Escuela west of the project site — utilizing Via
Escuela as a cut-thru to Indian Canyon for vehicular traffic rather than utilizing the
east/west major thoroughfare of Vista Chino. Staff informed participants that the Gene
Autry Trail/Via Escuela intersection would now be signalized but that cut-thru traffic was
a continued possibility. It was suggested that neighbors get together and form an
informal group requesting that the City review Via Escuela for potential traffic calming
devices.
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An additional suggestion proposed at the open house was that the park/retention basin
not be walled with block but utilize an iron railing for a more visible and neighborhood
friendly appearance and that a pedestrian gate to the park from Via Escuela be
incorporated into the project plan. Those suggestions have been incorporated as
conditions of approval (COA #'s 12 and 13).
' Lastly, the option of draining flow-through runoff into the RCFCD channel was
discussed.
As indicated previously, all lots have been created compliant with minimum lot widths
for the R-1-D zoning standards of development. Although 17 of the 68 residential lots
proposed are substandard in depth, the increases in property street frontage are
' provided to compensate, creating improved driveway spacing and a positive perception
from the street similar to some of the earlier 1950's "Alexander" icon homes. Those
early Alexander neighborhoods have been very successful within Palm Springs and it is
the intent of the developer to build on the success of the historic Alexander
Ineighborhoods while incorporating a contemporary and environmentally friendly building
style.
The proposed project building height is 12 feet which is in keeping with the existing
single story nature of the neighborhood. Proposed pad elevations are also consistent
with both the contiguous homes to the west and the houses on the south side of Via
Escuela.
1 The landscape proposal will incorporate discontinuous garden walls in front of the
residences for privacy. The breaks in the horizontal plane of the walls and variety of
setbacks for the walls will add interest without imposition. The overall landscape design
proposal for the project site is a desert landscape theme with the inclusion of some turf
areas. Drip systems will be installed to comply with low tolerant plant usage. Pursuant
to the City of Palm Spring General Plan circulation element an equestrian and
pedestrian trail will be constructed on the Whitewater River levee east of the proposed
project. Connectivity to the pedestrian/equestrian trail will be provided from the interior
of the site via Lot "I" (COA # 15h).
The proposed retention basin will be landscaped with pedestrian pathways and shade
trees while utilizing a desert plant palette. The basin will be walled.
V. ENVIRONMENTAL ANALYSIS
Pursuant to the Tribal Environmental Protection Act (TEPA), an environmental
assessment was prepared by Stantec (formerly The Keith Companies), Draft Initial
Study/Environmental Assessment, Alexander Village and Alexander Vista Estates,
September 2005. Comments were solicited from federal, state and local agencies by a,
Notice of Preparation, published in The Desert Sun, a regional newspaper, May 16, 17
and 18, 2005. Additionally individual notification was sent to all property owners within
8
a 300-foot radius of the project site and impacted federal, state and local agencies. On
October 1, 2005, a Notice of Availability for review of the draft environmental
assessment was published in The Desert Sun, with again separate notification to
adjacent property owners and affected agencies.
The environmental assessment includes a recommended determination that the
proposed action will not significantly impact the quality of the natural environment. A
final determination shall be made by the Tribal Council at the time of entitlement if the
project is compliant with TEPA and if a Finding of No Significant Impact is applicable.
Responses to all comments shall be addressed in the Final Environmental Assessment
as reviewed by Tribal Council. All project design features, standard conditions or
requirements, and mitigation measures incorporated in the Environmental Assessment
shall be incorporated as conditions of approval.
VI. TENTATIVE TRACT MAP NO. 33443
A tentative tract map has been prepared for the proposed project (Exhibit 1). It consists
of sixty-eight residential lots and seventeen lettered lots with a total gross acreage of
21.02 ± acres. The gross acreage incorporates the public street easements.
VII. FISCAL IMPACT ANALYSIS
It is determined that with the implementation of mitigation measures associated with the
project's Environmental Assessment this project will have negligible additional impact
on public services. Leaseholders on Indian properties pay "possessory interest" on the
leasehold and the improvements made thereon. In-lieu of the standard TUMF and
School Fees associated with the construction process a contribution to mitigate for
impacts to regional transportation and schools shall be made. Therefore the fiscal
' impact to the local economy will be beneficial with the incorporation of additional
housing units on Reservation property.
Lastly, the Agua Caliente Band of Cahuilla Indians has a strong history of contribution to
the local economy. A summary of recent contributions is provided in Exhibit J.
S
9
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CITV OF PALM ePgINOH. COUNTY OF gIVEgHIOE, STATE OF OALIFORNIA IN INE C/IY O£PAW SPR//JGS
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EXHIBIT I
MMMMMMM r r it r M r
Tribal Donations to Police and Fire
Departments
Organization 2001 2002 2003 2004 2005 Total
Palm Springs Mounted Police $ 35,000 $ 40,000 $ 20,000 $ 15,000 $ 20,000 $ 110,000
Palm Springs Police $ 96,000 $ 73,000 $ 60,000 $ 42,500 $ 10,000 $ 271,500
Palm Springs DARE Program $ 15,000 $ 30,000 $ 5,000 $ 145
0,000
Palm Springs Fireman's Assn. $ 00,000 $ 5,000 $ 10,000
Palm Springs Fire Department $100,000 $ 60,000 $ 80,000 $ 20,000 $ 240,000
Palm Springs Dispatch Center $ 35,000 $ 35,000
Palm Springs Citizen's Patrol $ 15,000 $ 3,000 $ 15,000
Palm Springs Fire Explorers $ 15,000 $ 15,000
Palm Springs Police Reserve $ 10,000 $ 5,000 $ 10,000
Palm Springs Activities League $ 5,000 $ 5,000
Palm Springs Police Assn. $ 5,000 $ 5,000
Grand Total $131,000 $238,000 $235,000 $147,500 $ 78,000 $ 829,500
Tribal Donations Table
Exhibit J
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' Exhibit D
Planning Conditions of Approval
Alexander Village Lease Project
Landscape - General
1. Landscaped areas shall be designed in accordance with the City of Palm
Springs Municipal Code Chapter 8.0 relating to water efficiency landscaping.
2. Care shall be exercised in the positioning and selection of sprinklers so
that they are correctly spaced and so as not to spray over or upon sidewalks,
roads or other paved areas.
3. Large irrigation systems shall be equipped with a master valve which will
automatically shut off the system if excessive flows (especially due to damaged
' sprinklers) occur. Catchment areas should be incorporated into the landscape
design to accommodate overflows from occasional irrigation system
malfunctions.
4. The use of drip irrigation and/or flow-compensated stream bubblers shall
be utilized where applicable.
5. Planter beds and lawns shall be recessed below adjoining sidewalks and
other hardscape so as to contain irrigation water. Mounds shall be designed so
as to prevent sheet-flow across hardscape areas.
6. The use of mulch shall be incorporated into the landscape plan to increase
water absorption capacity of the soil where applicable.
7. Water pressure within irrigation systems shall be controlled so as to
prevent drifting onto sidewalks, roads or bike paths during wind conditions.
8. Irrigation systems should be controlled to respect the irrigation zone
(based on water use characteristics) they serve and to compensate for
differences in exposure to sun and wind. Plantings should also be grouped
according to their water use characteristics.
9. Landscape materials and irrigation system design shall consider the long
term needs for maintenance, especially in regard to the design of small and
Yirregularly-shaped areas.
Landscape — Specific
10. Drought tolerant planting shall be planted along the curbs.
10
1
11. Turf areas shall be located only in areas of maximum human contact, such
as in recreation and sports areas or areas of heavy foot traffic in order to
' conserve water used for irrigation and therefore groundwater supplies. Large,
nonfunctional turf areas such as those fronting roadways shall be not be
permitted.
' 12. Pedestrian access gates shall be incorporated into the walls fronting Via
Escuela at the retention basin/park site. Gate design shall be submitted with final
' landscape plan for staff review and approval.
13. The retention basin/park site shall be fenced with an iron railing type of
material.
14. Final landscape plans shall be submitted with construction documents for
review prior to the issuance of building permits.
Circulation
15. The following recommendations included in the El Segundo Residential
Tract Traffic Impact Study shall be adhered to:
15a. Via Escuela shall have a total dedicated right-of-way of 60 feet.
Thirty feet of right-of-way is presently dedicated. A total of thirty feet of
additional dedication is required o fulfill the full street right-of-way. Of the
sixty feet, forty feet will represent the drive aisle and standard 6" curb and
gutter. The remaining twenty feet is portrayed as Lot A on the tentative
tract map. It will be additional street pavement bordered by a five foot
sidewalk adjacent to curb.
15b. Any infrastructure improvements that would necessitate the
demolition of portions of Gene Autry Trail shall be conducted prior to the
slated Gene Autry Trail widening project.
15c. The intersection of Via Escuela and Gene Autry Trail shall be
signalized. The project applicant should contribute on a "fair share" basis
to the cost of this future traffic signal and its coordination with other
synchronized traffic signals along Gene Autry Trail.
15d. The proposed public streets within the project shall be controlled by
stop signs. Adequate queuing capacity must be provided for both
inbound and outbound vehicles to facilitate safe and efficient movement.
15e. The project shall pay an in lieu fee to mitigate the cumulative traffic
impacts at the intersections of Gene Autry Trail and Vista Chino,
Whitewater Club Drive at Vista Chino and Gene Autry Trail at Via Escuela
and associated regional projects.
15f. The project proponent shall implement the Palm Springs General
Plan by constructing a Class III bikeway adjacent to the site along Gene
Autry Trail,
15g. The project proponent shall implernent the Palm Springs General
Plan by constructing an equistrian trail along the south side of the
Riverside Country Flood Control District levee at the northeast project site
corner per City standards.
15h. The project proponent shall utilize Tentative Tract Map lot "I" as a
trail access ramp to the horse/pedestrian trail on the south side of the
levee.
15i. The project proponent shall coordinate with SunLine Transit
Agency regarding the need for public transit facilities adjacent to the
project site.
Biology
16. Prior to grading and/or construction, in order to provide direct avoidance to
the Burrowing Owl that is designated as a Tribal sensitive species, a focused
survey for the species shall occur over the entire project site. If located on the
site, the relocation of individual owls shall occur by protocol set forth in the
California Department of Fish and Game Staff Report on Burrowing Owl
Mitigation or other protocol accepted and approved at the time of relocation.
17. Prior to issuance of grading permits, the applicant shall pay $800.00 per
acre ($16,816.00) Valley Floor Conservation Area fee as required by the THCP.
Cultural
e18. Should cultural resources be encountered during the construction of any
of the facilities discussed in this document, work shall immediately cease and a
qualified archaeologist shall be contacted to evaluate the significance of the
materials. Any significant findings shall be documented and presented to the
Tribal Historic Preservation Office (THPO) and resolved to their satisfaction.
19. Given that buried resources may be present beneath the ground surface,
an Approved Cultural Resource Monitor shall be present during all survey and/or
ground disturbing activities. Should buried cultural deposits be encountered, the
Monitor shall have the authority to halt destructive construction and shall notify a
qualified archaeologist to investigate and, if necessary, to prepare a treatment
plan for submission to the Agua Caliente Tribal Historic Preservation Officer for
approval.
12
1 20. Two copies of all cultural resource documentation, including site records,
survey reports generated in connection with this project, other reports of
' investigation, record search results, maps, and site records/updates shall be
forwarded to the THPO, for inclusion in the Agua Caliente Register.
' Air Quality
21. The project shall comply with the provisions of Chapter 8.50 of the Palm
Springs Municipal Code that establishes minimum requirements for construction
activities to reduce fugitive dust and PM emissions. A plan to control fugitive
dust through implementation of reasonable available dust control measures shall
' be prepared and submitted to the Tribal Planning & Development Department for
approval prior to the issuance of any grading permits associated with the project.
The plan shall specify the fugitive dust control measures to be employed.
22. SCAQMD Rule 403 shall be adhered to, ensuring the clean up of
construction-related dirt on approach routes to the site. Rule 403 prohibits the
release of fugitive dust emissions from any active operation, open storage pile, or
disturbed surface area beyond the property line of the emission source.
' Particulate matter deposits on public roadways are also prohibited.
23. A suitable dust control deposit shall be required and made payable to the
Tribe prior to issuance of grading permits.
24. Adequate watering techniques shall be employed to partially mitigate the
impact of construction-generated dust particulates. Portions of the project site
that are under-going earth moving operations shall be watered such that a crust
will be formed on the ground surface and then watered again at the end of the
day.
25. Any vegetative ground cover to be utilized on-site shall be planted as soon
as possible to reduce the disturbed area subject to wind erosion. Irrigation
systems needed to water these plants shall be installed as soon as possible to
maintain the ground cover and minimize wind erosion of the soil.
26. Any construction access roads (other than temporary access roads) shall
be paved as soon as possible and cleaned after each work day. The maximum
vehicle speed limit on unpaved roads shall be 15 mph.
27. Grading operations shall be suspended during first and second stage
ozone episodes or when winds exceed 25 mph, per the PM SIP.
28. Construction personnel shall be informed of ridesharing and transit
opportunities.
29. Construction parking shall be configured to minimize traffic interference.
13 "Irn�
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30. Construction operations affecting off-site roadways shall be scheduled for
off-peak traffic hours and shall minimize obstruction of through-traffic lanes.
31. If possible, activities should be scheduled to occur first on the upwind
portion of each development site to reduce the potential for blowsand and fugitive
dust impacts in the downwind areas.
' Geology and Soils
32. Structures shall be designed according to current structural standards for
seismically active areas per Tribal Building Code.
33. Permanent structures to be constructed on the project site will be
designed by a qualified professional aware of the proposed project's seismic
setting. A geotechnical engineer will be retained to provide input for foundation
1 design.
34. All site preparation, foundations and settlements, slabs-on-grade, concrete
mixes and corrosivity, excavations, lateral earth pressures, seismic design and
pavements recommendations included within the geotechnical report, Proposed
Alexander Vista Estates, Palm Springs, California, October 2004, shall be
incorporated.
Public Utilities and Services
35. The project shall comply with the City's policies regarding police protection
as listed in Sections 6.11, 6.12, 6.13 and 6.14 of the City of Palm Springs
General Plan.
36. Fire hydrant locations shall be determined by the City of Palm Springs Fire
Department. The location of those hydrants shall be indicated on the final tract
map and on the construction site plan. The fire hydrants shall be in place and
operable before the issuance of building permits.
37. If new sewer collector lines are required in order to adequately serve this
project they must be approved by the City of Palm Springs in compliance with
their Sewer Master Plan.
38. Sewer facilities shall be designed and constructed in accordance with the
City of Palm Springs standards and specifications, American Waterworks
Association, American National Standards Institute and the Standards
Specifications for Public Works Construction.
39. The capital costs of on-site and off-site facilities necessary to serve
individual project sites shall be the responsibility of the applicant. Such facilities
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1 shall be dedicated to the City, after construction, for maintenance and operation.
Where such facilities must extend beyond the project site to link into existing
facilities, a reimbursement agreement can be formulated with the City of Palm
Springs to reimburse the applicant for costs.
I 40, The project proponent shall provide verification from the School District
regarding assurances that school service can be provided.
Noise
41. A 540-foot long, 7-foot high sound attenuation barrier shall be constructed
along the eastern property line, adjacent to Gene Autry Trail,
42. An exterior-interior acoustical analysis shall be submitted with the
construction plans for review before the issuance of a building permit.
Conformance with the recommendations of the acoustical analysis shall be
required.
General
143. A pre-designated contact person shall be responsible to field any complaints
irelating to the construction process. That person's name and phone number
shall be made available to all adjacent property owners.
44. The project will bring additional residents to the community, The City's
1 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 C. Section 53311 et seq, or other appropriate statutory of
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.
45. The proposed project shall comply with the City's night sky ordinance by
maintaining the standards of lighting detailed in Section 93.21.00 of the Palm
Springs Zoning Ordinance.
In Lieu Contributions
46. Development would abide by the City's General Plan Policy 10.3.3, that
calls for the dedication of park lands or the payment of fees to the City for the
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development of new park facilities via an in lieu contribution, the amount to be
determined per City formula.
47. An in-lieu fee for public arts shall be paid to the City or an in lieu equivalent
public art piece consistent with other areas of the City shall be provided.
' 48. Digital versions of as-built plans shall be provided for City files in lieu of City
review of construction documents.
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' Engineering Conditions of Approval
Contempo Homes Leasehold
I (Allotment: T1 E )
1. Provide written authorization from Agua Caliente Development Authority that
the requirements and conditions of the land lease are complete and that the
proposed project is ready to submit to Tribal Planning.
' 2. Provide letter of signature delegation from Agua Caliente Development
Authority designating the person or persons authorized to process the project
through Tribal Planning.
3. Provide a copy of the Homeowners Association bylaws, as approved by Agua
' Caliente Development Authority, and Preliminary Title Report at time of initial
plan check submittal.
4. Provide copies of City of Palm Springs improvement plans for off-site street
and utility construction and copies of City of Palm Springs Conditions of Approval
for the two adjacent development projects north of T1 E at initial plan submittal.
5. Provide 5 mil mylar copies of signed City of Palm Springs improvement plans
for off-site street and utility construction and photo copies of City of Palm Springs
encroachment permits for off-site work prior to issuance of grading permits for
T1 E.
6. Street and utility improvements on TIE shall be in substantial conformance
with the tentative development plan approved by Tribal Council. Submit a copy
of the approved tentative development plan with the initial plan check submittal.
1 7. Drainage improvements shall be designed to applicable County of Riverside
and City of Palm Springs standards. Provide 5 mil mylar copies of approved
storm drain facilities plans, approved hydrology and hydraulic reports, and copies
of the appropriate encroachment permits for all drainage facilities maintained by
County of Riverside or City of Palm Springs prior to issuance of grading permits
for the T1 E improvements.
8. Prior to issuance of a grading permit, a site specific Fugitive Dust and Storm
Water Pollution Prevention Plan shall be submitted and approved by Tribal
Planning.
9. Provide copy of approved City of Palm Springs Fugitive Dust and Storm
Water Pollution Prevention Plan for adjacent improvements to the north of TIE
prior to issuance of grading permits for TIE.
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10. On site circulation elements and water distribution system shall be
constructed to conform with local fire department requirements. Provide a copy
of appropriate City of Palm Springs fire department approval prior to issuance of
grading permits for T1 E.
' 11. The lessee shall prepare a site specific soils report, hydrology hydraulic
conveyance report and a site specific parking and circulation report for review
and approval to the satisfaction of Tribal Planning at initial plan check submittal
t12. Street pavement placed on TIE shall be designed in accordance with
Caltrans pavement design or equivalent approved methodology. The minimum
' design TI for traffic bearing pavements placed on TIE shall be 6. The minimum
pavement section placed on TIE, regardless of design calculation supporting a
reduced thickness, shall be 3 inches of asphalt concrete over 6 inches of
aggregate base. Aggregate base used on TIE shall meet Caltrans minimum
gradations and R values for aggregate bases. The upper 12 inches of subgrade
and all aggregate base material placed within public streets constructed on TIE
shall be compacted to a minimum relative compaction of 95% per ASTM D 1557.
13. Provide copies of certified compaction reports for subgrade, base and trench
backfills prior to placement of surface improvements. On-site compaction test
submittals shall be accompanied by a site map indicating the approximate
location of each test. Test locations shall be cross indexed with individual test
data. Materials placed prior to receipt and approval of certified compaction
reports are subject to removal and replacement at the discretion of Tribal
Planning.
14. Provide copies of certified finish floor elevations prior to issuance of building
permits on T1 E.
15. Provide 5 mil mylar copies of approved City of Palm Springs water, sewer,
utility and street improvement plans for on-site public streets prior to issuance of
grading permit for T1 E.
'16. On site storm water retention facilities shall be designed to retain Q100 on site
in accordance with County of Riverside design criteria subject to the satisfaction
of Tribal Planning. Package design retention structures, if utilized, shall be
designed and installed in accordance with manufacture's recommendations
subject to the satisfaction of Tribal Planning.
17. On site landscaping, fencing, flatwork, lighting and decorative structures
shall be constructed, maintained and designed in accordance with Caltrans
design criteria for vertical and horizontal sight distances to the satisfaction of
Tribal Planning.
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' 18. A final map, suitable for recordation with the County of Riverside shall be to
the satisfaction of Tribal Planning and Development. Minimum criteria include:
' • Tentative maps and final maps on Reservation lands must be clearly
identified as "Agua Caliente Indian Reservation"
' • Tentative maps and final maps on Reservation lands must depict the
entire undivided Allotment
All active leasehold interests on the allotment must be clearly identified on
both tentative maps and final maps.
The tentative map and final map must clearly indicate that the map is
being done for lease purposes only and does not constitute a division of
' the Allotment
The Bureau of Indian Affairs, Palm Springs Agency shall provide written
certification to Tribal Planning and Development that tentative maps and
' final maps are in substantial conformance with the underlying approved
lease.
19. A 5 mil mylar copy of the recorded final map for T1 E shall be submitted prior
to issuance of Certificate of Occupancy for any building constructed on T1 E.
' 20. The owner's certificate for the final map shall take the following form:
OWNER'S CERTIFICATE
IN ACCORDANCE WITH THE CODE OF FEDERAL REGULATIONS, TITLE 25,
INDIANS, THE UNITED STATES OF AMERICA, AS OWNER IN FEE OF THE LANDS
INCLUDED WITHIN THE DISTINCTIVE BORDERS OF THIS MAP, AND
LESSOR, AND
LESSEE, RESPECTIVELY, OF
SAID LAND UNDER INDIAN LAND LEASE PSL
APPROVED BY THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF
INDIAN AFFAIRS ON AND RECORDED
AS INSTRUMENT NO. OF THE OFFICIAL
RECORDS OF THE COUNTY OF RIVERSIDE, ALL HAVING SOME RIGHT, TITLE, OR
INTEREST HEREIN, CERTIFY THAT THEY ARE THE ONLY PARTIES WHOSE
CONSENTS ARE NECESSARY TO EXECUTE, APPPPOVE AND DELIVER ANY AND
ALL SUBLEASES, ASSIGNMENTS, AGREEMENTS, MORTGAGES, DEEDS OF
TRUST AND ALL ACTS NECESSARY OR INCIDENTAL IN AND TO SAID LAND AND
THE DEVELOPEMENT AND IMPROVEMENT THEREOF. ALL HEREBY CONSENT
TO THE MAKING AND RECORDING OF THIS MAP FOR LEASE PURPOSES ON
THIS LAND AS SHOWN WITHIN THE DISTINCTIVE BORDER LINES OF THIS MAP.
THERE IS NO OFFER OF, OR DEDICATION HEREIN, OF ANY PART OF SAID LAND
FOR PUBLIC USE BY THE UNITED STATES OF AMERICA EXCEPT AS
HERETOFORE GRANTED AND NOTED AS SUCH ON THIS MAP AS GRANTED
PURSUANT TO THE AUTHORITY DULY DELEGATED TO THE SUPERINTENDENT,
PALM SPRINGS AGENCY, BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE
INTERIOR .
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)F-w--n
THE UNITED STATES OF AMERICA:
KIM SNYDER, SUPERINTENDENT
' PALM SPRINGS AGENCY
BUREAU OF INDIAN AFFAIRS
LESSEE:
LESSEE UNDER INDIAN
LAND LEASE PSL APPROVED BY THE UNITED STATES DEPARTMENT OF
INTERIOR, BUREAU OF INDIAN AFFAIRS ON
21. All right-of-way applications shall be separately processed in accordance
with 25 CFR to the satisfaction of the Bureau of Indian Affairs subject to the
consent of the Allotted Trust interest.
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