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HomeMy WebLinkAbout23033 RESOLUTION NO. 23033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 35681 TO SUBDIVIDE 30 ACRES INTO SIX PARCELS IN SECTION 15 (APN 666-320-007, 666-320-009, AND 666-320-013), (CASE 5.1209CZ TPM 35681). WHEREAS, Noble & Company, LLC, "applicant', has filed an application with the City pursuant to Section 94.07.00 (Change of Zone) of the Zoning Code seeking approval for a zone change from Energy Industrial (E-1) to Manufacturing (M-2) for a roughly 30 acre parcel, north of 19th Avenue and east of Karen Avenue; and WHEREAS, the applicant has also filed an application with the City pursuant to Chapter 9.62 of the City's Municipal Code (Maps) and Section 66474 of the State of California Subdivision Map Act, for a Tentative Parcel Map proposing to subdivide the same 98 acre parcel into three lots; and WHEREAS, a notice of public hearing for Case 5.1209 CZ TPM 35681 was given in accordance with applicable law; and WHEREAS, on September 28, 2011, a public meeting on Case 5.1209 CZ TPM 35681 was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA") An Initial Study was conducted and the project was found to cause potentially significant impacts to the environment. Mitigation measures have been proposed reducing any potentially significant impacts to less than significant. The applicant has agreed in writing to all proposed mitigation measures. A Notice of Intent to Adopt a Mitigated Negative Declaration was prepared and circulated for public comment for a period of 20 days. No new information was discovered that would require further analysis under CEQA; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented and voted 6-0-1 (Klatchko absent) to approve the project and recommend approval by the City Council subject to conditions of approval. WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case 5.1209 CZ TPM 35681, was given in accordance with applicable law; and WHEREAS, on October 19, 2011, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and, Resolution No. 23033 Page 2 WHEREAS, at said public hearing the City Council considered Case 5.1209 CZ TPM 35681 Change of Zone, including the staff report, the associated MND, and all written and public testimony related to Case 5.1209 CZ TPM 35681. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to CEQA, the City Council hereby adopts the Mitigated Negative Declaration as an adequate analysis of the potential environmental impacts of the proposed Change of Zone and Tentative Parcel map. The City Council further finds that with adoption of the proposed mitigation measures, all potentially significant impacts will be reduced to less than significant impacts. SECTION 2: Pursuant to Municipal Code Chapter 9.64 (Maps) and the State of California Subdivision Map Act Section 66474, the City Council finds as follows: The following findings are required pursuant to Section 66474 of the State of California Subdivision Map Act. a. The proposed Tentative Parcel Map is consistent with all applicable general and specific plans. The proposed project is consistent with the General Plan designation of Industrial land use which allows a maximum density of 0.5 FAR (Floor area ratio) per lot. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed lots meet or exceed the development standards for the zone in terms of minimum area, dimensional requirements, and access to a designated public roadway. The proposed subdivision is consistent with the development standards for the zone in which they are located. C. The site is physically suited for this type of development. The project site is generally flat, gently sloping native desert without major topographical features or challenges. Manufacturing and industrial uses are already developed in the vicinity of the project site. Drainage issues, if any, will be addressed as a condition of approval. Roadways are proposed that meet or exceed the minimum standards set forth by the City's Public Works Department. The site is immediately adjacent to major and secondary thoroughfares that, upon final build out, would be conducive for carrying traffic to future industrial uses on the site. Therefore, the site is indeed suitable for this type of development. d. The site is physically suited for the proposed density of development. Resolution No. 23033 Page 3 The lots proposed to be created exceed the minimum lot size for the zone and are adequate in physical condition to allow 0.5 FAR as the allowable maximum density outlined in the General Plan. The lots are generally flat and lack any challenging topography or other physical barriers to development. Therefore the project site is physically suited for the proposed density of development. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. An environmental study has been performed on the project and through that analysis it has been determined that the project is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. All typical or routine municipal services will be required for any future develop that is anticipated. Proposed roadway access, widths, and other characteristics are consistent with the City's development standards and regulatory guidelines for this type of subdivision. There are no known issues related to the design of the proposed subdivision that would cause any adverse public health problems. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. There is no known public access across the subject property; therefore, the subdivision will not conflict with easements for access through or use of the property. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves Case 5.1209 CZ TPM 35681 a Tentative Parcel Map subdividing into six parcels a roughly 30 acre parcel north of 19th Avenue and east of Halleck Avenue, subject to the attached conditions set forth in Exhibit A. ADOPTED this 19th day of October, 2011. David H. Ready, C anager ATTEST: mes Thompson, City Clerk Resolution No. 23033 Page 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, California, do hereby certify that Resolution No. 23033 is a full, true, and correct copy, and was adopted at a regular meeting of the City Council held on October 19, 2011, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills, Mayor Pro Tern Weigel, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk Zo f City of Palm Springs, California i Resolution No. 23033 Page 5 Resolution No. 23033 EXHIBIT A Case 5.1209 CZ TPM 35681 A Change of Zone from E-1 to M-2 and a Tentative Parcel Map 19th Avenue west of North Indian Canyon Drive October 19, 2011 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1209 CZ TPM 35681; except as modified with the approved Mitigation Monitoring Program and the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped (March 26, 2009), including site plans, tentative parcel map, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Tentative Map. This approval is for Tentative Parcel Map 35681 located at 19t' Avenue west of North Indian Canyon Drive date stamped March 26, 2009. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. Resolution No. 23033 Page 6 ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1209 CZ TPM 35681. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 7. Time Limit on Approval. Approval of the Tentative Parcel Map (TPM) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Extensions of time may be approved pursuant to Code Section 9.63.110. Such extension shall be required in writing and received prior to the expiration of the original approval. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Community Services District. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. Resolution No. 23033 Page 7 ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfq.ca.gov for more information. ENV 3. Mitigation Monitoring. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitigation measures are defined in the approved project description. ENV 4. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground-disturbing activities. (check for duplication in engineering conditions) ENV 6. a) A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Resolution No. 23033 Page 8 Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. PLANNING DEPARTMENT CONDITIONS PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits. PLN 3. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Department which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title. b. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded. c. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels and open space restrictions. The approved documents shall contain a provision which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest. PLN 4. Update of City's Zoning Map. Upon approval of the proposed Change of Zone, Tract Map and/or Planned Development District, the applicant shall be responsible for costs associated with update of the City's GIS based zoning maps. Resolution No. 23033 Page 9 POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 'Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. ENG 3. The proposed public streets shall be designed to convey the tributary 100-year stormwater runoff within proposed street right-of-way and public drainage easements. Final right-of-way and/or drainage easement widths shall be determined upon approval of a final hydraulic and hydrology study for this project. LOT A: 19TH AVENUE ENG 4. Dedicate the ultimate half street right-of-way of 44 feet along the entire frontage, together with a property line - corner cut-back at the northwest and northeast corners of the intersection of 19th Avenue and Contractor Drive, in accordance with City of Palm Springs Standard Drawing No. 105. ENG 5. Construct an 8 inch curb and gutter, 32 feet north of centerline along the entire frontage, to match existing curb and gutter east of the site, with a 35 feet radius curb return and spandrel at the northwest and northeast corners of the intersection of 19th Avenue and Contractor Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Resolution No. 23033 Page 10 ENG 6. Construct a 6 feet wide cross gutter across the intersection of 19th Avenue and Contractor Drive with a flow line parallel with and located 32 feet north of the centerline of 19th Avenue in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 7. Construct a 5 feet wide sidewalk behind the curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210. ENG 8. Construct Type A curb ramp meeting current California State Accessibility standards at the northeast and northwest corners of the intersection of 19th Avenue and Contractor Drive in accordance with City of Palm Springs Standard Drawing No. 212. ENG 9. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire 19th Avenue frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 330. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 10. Install a redwood header along the new edge of pavement located along the centerline of 19th Avenue, as required by the City Engineer. ENG 11. All required street improvements for 19th Avenue shall be completed prior to approval of a Parcel Map, or shall be secured pursuant to a subdivision improvement agreement approved in conjunction with the approval of the Parcel Map. LOT B: CONTRACTOR DRIVE & CONTRACTOR COURT (PUBLIC STREETS) ENG 12. Dedicate the ultimate full street right-of-way of 66 feet along the entire proposed street frontages, along with right-of-way appropriate to accommodate the two proposed cul-de-sacs, together with property line — corner cut-backs at the northeast and southeast corners of the intersection of Contractor Drive and Contractor Court, in accordance with City of Palm Springs Standard Drawing No. 105. ENG 13. Construct 6 inch curb and gutter, 25 feet from centerline along both sides of the 66 feet wide portion of the frontages of Contractor Drive and Contractor Court, with 35 feet radius curb returns and spandrels at the northeast and southeast corners of the intersection of Contractor Drive and Contractor Court, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Resolution No. 23033 Page 11 ENG 14. Construct 6 inch curb and gutter throughout the two proposed cul-de-sacs in accordance with City of Palm Springs Standard Drawing No. 101, modified with R=31 feet, and City of Palm Springs Standard Drawing No. 200. Construct both cul- de-sacs with a minimum curb radius of 43 feet throughout the cul-de-sac bulb. ENG 15. Construct a 6 feet wide cross gutter and spandrel across the intersection of Contractor Drive and Contractor Court with a flow line parallel with and located 25 feet east of the centerline of Contractor Drive in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 16. Construct a 5 feet wide sidewalk behind the curb along the entire frontages of Contractor Drive and Contractor Court in accordance with City of Palm Springs Standard Drawing No. 210. ENG 17. Construct Type A curb ramps meeting current California State Accessibility standards at the northeast and southeast corners of the intersection of Contractor Drive and Contractor Court in accordance with City of Palm Springs Standard Drawing No. 212. ENG 18. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, within Contractor Drive and Contractor Lane, in accordance with City of Palm Springs Standard Drawing No. 110 and 310. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 19. All required street improvements for Lot B (Contractor Drive and Contractor Court) shall be completed prior to approval of a Parcel Map, or shall be secured pursuant to a subdivision improvement agreement approved in conjunction with the approval of the Parcel Map. SANITARY SEWER ENG 20. This project is subject to the requirements of the Mission Springs Water District (MSWD). Upon the development of any of the six parcels, provisions for public sanitary sewer service must be arranged for directly with MSWD. The applicant should contact MSWD (at 760-329-6448) and determine what requirements MSWD may have for provisions of sanitary sewer service to the property. ENG 21. This project is subject to the requirements of the Mission Springs Water District (MSWD), as outlined in their letter to the City of Palm Springs dated April 4, 2011. ENG 22. Submit public sewer improvement plans prepared by a California registered civil engineer to Mission Springs Water District (MSWD) for review and approval. All Resolution No. 23033 Page 12 bonds required by MSWD for the sewer service must be submitted to MSWD prior to the final design plans being signed. The plans shall be approved by MSWD prior to approval of a Parcel Map. ENG 23. Construct public sewer improvements, in accordance with sewer improvement plans approved by Mission Springs Water District (MSWD). A private sewer lateral shall be installed to each of the six proposed parcels for future connection of the private on-site sewer systems, to the public sewer, in accordance with the Mission Springs Water District Master Sewer Plan, specifications, rules, laws, ordinances, and regulations. ENG 24. All required sewer improvements within 19t' Avenue and Lot "B" shall be completed prior to approval of a Parcel Map, or shall be secured pursuant to a subdivision improvement agreement approved in conjunction with the approval of the Parcel Map. ENG 25. The applicant shall be required to connect to the MSWD public sewer system as soon as it is available. GRADING ENG 26. The property is subject to sheet flow storm runoff. Future buildings shall be flood proofed by sufficiently elevating building pads. Proposed pad elevations shall be established a minimum of 18 inches above the adjacent flowline of drainage swales or surrounding ground surface, as required by the City Engineer. ENG 27. Submit a Rough Grading Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Resolution No. 23033 Page 13 Grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a) The first submittal of the Rough Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Parcel Map and/or Site Plan; a copy of current Title Report; a copy of Soils Report; a copy of the associated Final Hydrology Study/Report; and a copy of the associated Water Quality Management Plan. ENG 28. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENG 29. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 30. Perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 31. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 32. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the streets, roadways, or gutters. ENG 33. Notice of Intent to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board (Phone No. (760) 346-7491). A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. Resolution No. 23033 Page 14 ENG 34. Projects causing soil disturbance of one acre or more, must comply with, and shall prepare and implement a stormwater pollution prevention plan (SWPPP). Where applicable, the project applicant shall cause the approved final project-specific WQMP to be incorporated by reference or attached to the project's SWPPP as the Post-Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request. ENG 35. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development at the time a grading permit is issued. ENG 36. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. ENG 37. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 38. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). WATER QUALITY MANAGEMENT PLAN ENG 39. This project will be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non- stormwater runoff, will be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in Resolution No. 23033 Page 15 accordance with the NPDES Permit, that effectively intercept and pre-treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 40. A project-specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property or public streets is prohibited. Construction of operational BMP's shall be incorporated into the Rough Grading Plan. ENG 41. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved project-specific WQMP. Other alternative instruments for requiring implementation of the approved project-specific WQMP include: requiring the implementation of the project-specific WQMP in Property Owner Association Conditions, Covenants and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the project-specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to the issuance of any grading or building permits. ENG 42. Prior to City acceptance of the project, the applicant shall: • Demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; • Demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved project-specific WQMP, conditions of approval, or grading/building permit conditions; and, • Demonstrate that an adequate number of copies of the approved project- specific WQMP are available for the future owners/occupants. Resolution No. 23033 Page 16 DRAINAGE ENG 43. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property, as described in the Preliminary Hydrology Study prepared by Pardue, Cornwell and Associates, Inc. (dated September 20, 2010), and to determine required stormwater runoff mitigation measures for the proposed development. The Preliminary Hydrology Study (dated September 20, 2010) shall be referenced for design of future development within Tentative Parcel Map No. 35681; final sizing and location of on-site individual retention basins on each of six parcels will be done as individual site plans are proposed. Final sizing and location of earthen channels, and other specifications for construction of required on-site storm drainage improvements shall be finalized in the final hydrology study for this project and approved by the City Engineer. Redesign or changes to site configuration or layout consistent with the findings of the final hydrology study may be necessary upon review and approval of the final hydrology study. ENG 44. Direct release of on-site nuisance water or stormwater runoff shall not be permitted to 19th Avenue, Contractor Drive, or Contractor Court. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to an on-site retention basin on each of the six individual parcels, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. ENG 45. Construct on-site drainage improvements as necessary to convey the off-site tributary 100-year stormwater runoff, as described in the Preliminary Hydrology Study for Tentative Parcel Map No. 35681, prepared by Pardue, Cornwell and Associates, Inc. (dated September 20, 2010). The drainage channels shall be designed to prevent flooding of upstream properties, and the drainage channels shall be designed to ensure the developed 100-year stormwater runoff volume and velocity released onto 19th Avenue is equal to or less than the undeveloped 100- year stormwater runoff volume and velocity. The hydrology study for Tentative Parcel Map No. 35681 shall be amended to include drainage channel sizing, inlet and outlet design, and other specifications for construction of required on-site storm drainage improvements. ENG 46. Measures to retain increased stormwater runoff on-site have been deferred for implementation with development of each individual parcel within Tentative Parcel Map 35681. Requirements for the construction of on-site stormwater runoff retention improvements for each parcel shall be noticed by a statement on the parcel map, with the following note: "For all stormwater runoff falling on each individual parcel, on-site retention or other facilities approved by the City Engineer Resolution No. 23033 Page 17 shall be required to contain the increased stormwater runoff generated by development of each individual parcel. A hydrology study shall be prepared to determine the volume of increased stormwater runoff due to development of the parcel, and to determine required on-site stormwater runoff mitigation measures for the parcel. No off-site retention facility exists to contain increased stormwater runoff from development of each parcel. Construction of on-site retention facilities will be required as a condition to develop each individual parcel." GENERAL ENG 47. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. ENG 48. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. ENG 49. All proposed utility lines shall be installed underground. Resolution No. 23033 Page 18 ENG 50. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 51. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 52. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built' information and returned to the Engineering Division prior to acceptance of the project by the City. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 53. Nothing shall be constructed or planted in the comer cut-off area of any intersection which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 54. The applicant shall contact Mission Springs Water District at (760) 329-6448 to determine the requirements for extending water service to the project site. The applicant may be responsible for the design and construction of off-site water line improvements OR payment of applicable fair-share costs of off-site water line improvements constructed by others. ENG 55. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit. MAP ENG 56. A Parcel Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcels and all lots created therefrom, and copies of record documents shall be submitted with the Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. ENG 57. Dedicate drainage easements as necessary to convey the off-site tributary 100- year stormwater runoff, as described in the Preliminary Hydrology Study for Tentative Parcel Map No. 35681, prepared by Pardue, Cornwell and Associates, Inc. (dated September 20, 2010). Final public street right-of-way and/or drainage Resolution No. 23033 Page 19 easement widths shall be determined upon approval of a final hydraulic and hydrology study for this project. ENG 58. In accordance with Government Code Section 66411.1 (b), the Tentative Parcel Map is a subdivision of five or more parcels, and is subject to construction of all required public improvements. Prior to approval of a Parcel Map, all required public improvements shall be completed to the satisfaction of the City Engineer, or shall be secured by a construction agreement in accordance with Government Code Section 66462. ENG 59. Upon approval of a parcel map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC ENG 60. Submit traffic striping plans for 19th Avenue prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to acceptance of the improvements by the City. ENG 61. Install a 30 inch stop sign, street name sign, stop bar, and "STOP" legend at the intersection of Contractor Drive and 19th Avenue, and at the intersection of Contractor Drive and Contractor Court, in accordance with City of Palm Springs Standard Drawing No. 620 through 625. ENG 62. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. ENG 63. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 "Temporary Traffic Control' of the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated September 26, 2006, or subsequent editions in force at the time of construction. Resolution No. 23033 Page 20 ENG 64. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS These conditions are subject to final plan check and review. Initial fire department conditions have been determined on the preliminary site plan dated March 5, 2008. FID 1. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points & fire hydrants. FID 2. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (503.2.3 CFC) The minimum inside turning radius is 25 feet, with an outside radius of 43 feet. FID 3. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with (Sections 503 CFC) Minimum Access Road Dimensions: FID 4. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet is required for this project, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. FID 5. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. FID 6. Roads must be 40 feet wide when parking is not restricted. FID 7. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (503.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 43 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. Resolution No. 23033 Page 21 FID 8. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (508 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9- 2.1 NFPA 24 1995 edition) FID 9. Fire hydrant systems: Following Fire Department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (508.5 CFC). All fire hydrants shall be installed in accordance with Mission Springs Water District specifications and standards. No landscape planting, walls, fences, signposts, or aboveground utility facilities are permitted within 3 feet of fire hydrants, or in line with hose connections. MISSION SPRINGS WATER DISTRICT CONDITIONS: The Project site is located within the boundaries of Mission Springs Water District (MSWD) service area. The project is located west of Indian Canyon Drive and adjacent to 19th Avenue on the north. Water service is available for the proposed project provided the following conditions of service are completed: MSW 1. The developer must comply with all the rules, laws, ordinances, and regulations of the Mission Springs Water District at the time that the service water application is submitted. MSW 2. The developer must apply for water service and submit payment regarding all of the District fees, charges, and deposits. Fees will be based on the Master Meter size i.e. (Domestic 2" - Water Connection fee $23,201.00 + 2" meter installation fee of $2,110.00. Irrigation meter '/<" — Water Connection Fee $ 4,353.00, and meter installation fee $975.00). All fees are subject to change due to the actual time of application for services from the District. MSW 3. The installation of backflow prevention devices will be required. MSW 4. Water service will be made available through the future transmission line designed and constructed by BP for the Fueling Center along 19'" Avenue. This line will be a 12 inch transmission line. Please note there may be a reimbursable cost to the BP Center once the applicant connects to this line. Also note, if the BP center does not construct this line before the applicant for PM 35681 starts construction, then said applicant will be responsible for the construction of the 12 inch transmission line. A reimbursement agreement can be made between the owner and MSWD for any offsite Regional facilities that Resolution No. 23033 Page 22 are constructed and not directly related to this project. Water infrastructure will be required to be installed on all offsite, and adjacent public streets with the project boundary. All MSWD standards will apply to the construction of the infrastructure onsite and offsite. Developer Guidelines and Procedures may be found at our web site at www.mswd.om. MSW 5. Installation of fire line services will be required per Palm Springs Fire Department Standards and MSWD Standards. A double check detector assembly (DCDA) will be a requirement at the time of installation. MSW 6. The Mission Springs Water District requires all of its facilities to be installed within the public right-of-way. Recorded and dedicated easements (per final map dedications and approvals) will also be required per final design approval if public right-of-way does not exist. MSW 7. The developer must submit hydraulic calculations to the District indicating the availability of the required fire flows as determined by the Palm Springs Fire Department. MSW 8. The developer must comply with all the District standards and conditions and have final approval of all design plans by the District Engineer and/or his/her designee, and the District General Manager. MSW 9. The developer will be required to bond all infrastructure and be required to supply a warranty bond for the infrastructure. This warranty bond will be released 1 year from the District's acceptance of the infrastructure. MSW 10. Some of the infrastructure must be constructed in certain phases and in a manner to serve the project. The phasing and approval of these facilities and infrastructure will be at the discretion and approval of the District Engineer, and/or General Manager. MSW 11. Sewer Service is currently unavailable in this area. Future service will be provided by MSWD. Dry sewers will be required to be installed onsite and offsite. MSW 12. The developer must comply with all the rules, laws, ordinances, and regulations of The Mission Springs Water District at the time of application of sewer service. MSW 13. The developer must make an application for sewer service with payment of all fees charges and deposits. (i.e. multifamily, residential - sewer connection fee per MSWD fee schedules). MSW 14. The developer must hook up to the sewer once it becomes available. MSW 15. Dry sewers may be installed for the project onsite and offsite within public streets to conform to MSWD Standards. A future interceptor will be built along Resolution No. 23033 Page 23 Indian Avenue to the Regional Waste Facility on 20th and Little Morongo Rd. for future service. The future point of connection for the project site will be on 19th to Indian Avenue. MSW 16. The developer must comply with all the District standards and conditions and have final approval of all design plans by the District Engineer and/or his/her designee, and the District General Manager. MSW 17. The developer will be required to bond all infrastructure and be required to supply a warranty bond for the infrastructure. This warranty bond will be released 1 year from the District's acceptance of the infrastructure. MSW 18. Some of the infrastructure must be constructed in certain phases and in a manner to serve the project. The phasing and approval of these facilities and infrastructure will be at the discretion and approval of the District Engineer, and/or General Manager. MSW 19. All new residential and commercial development should comply with Mission Springs Water District's Water Efficient Landscaping Guidelines. This policy requires outdoor water conservation practices within MSWD's service area, specifically: (1) the creation of landscape plans featuring the use of California native desert friendly plants; and (2) the preparation of irrigation plans detailing water efficient irrigation technology systems (e.g., drip irrigation, evapotranspiration irrigation controllers, etc.) appropriate to an and desert climate. For additional details, please contact Brent Gray at 329-5169, ext. 131. MSW 20. All bonds required for sewer and water service must be presented to the Mission Springs Water District before final design plans are signed. END OF CONDITIONS