HomeMy WebLinkAbout9/7/2005 - STAFF REPORTS (6) City Council Staff Report
DATE: SEPTEMBER 7, 2005 PUBLIC HEARING
SUBJECT: CASE 5.1065 /TTM33561 / CASE 5.1029 PD 315 —AN APPLICATION BY
P.S. VENTURE INDIAN CANYON SAN RAFAEL, LLC FOR A GENERAL
PLAN AMENDMENT TO CHANGE THE GENERAL COMMERCIAL (GC)
DESIGNATION TO ALLOW RESIDENTIAL AND COMMERCIAL
DEVELOPMENT AT THE PROPOSED SPECIFIC SITE ONLY, A
TENTATIVE TRACT MAP TO SUBDIVIDE APPROXIMATELY 20
ACRES, AND A PLANNED DEVELOPMENT DISTRICT TO
CONSTRUCT 211 RESIDENTIAL CONDOMINIUMS AND
APPROXIMATELY 10,000 SQUARE FEET OF COMMERCIAL LOCATED
AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN
RAFAEL, ZONE C-M, SECTION 35, APN 669330038.
FROM: David H. Ready, City Manager
BY: Department of Planning Services
SUMMARY
The proposed project includes a Tentative Tract Map to subdivide approximately 20
acres, and Planned Development District to construct 211 residential condominium and
approximately 10,000 square feet of commercial. The proposed General Plan
Amendment is to change the text of the General Commercial designation to allow
residential and commercial land uses as proposed in the PD-315 specific for the project
site only. The Planning Commission, on August 24, 2005, voted 6-0 to recommend
Council approval of Case 5.1029 PD-315 / TTM33561 / Case 5.1065 subject to the
Conditions of approval of the text amendment by the City Council, Conditions of
Approval including Exhibit A and B to the Council Resolution approving the tentative
tract map and subject to approval of the tentative map.
Item No. 1 . E ,
City Council Staff Report
September 7, 2005 -- Page 2
1. That the City Council finds that Case 5,1065, General Plan Amendment to
amend text of the General Commercial (GC) land use designation in the Land
Use Element to allow residential and commercial land uses as proposed in PDD-
315 specific for the project site only. The text of the General Commercial
designation of the General Plan is amended to add Policy 3.28.2a, to read as
follows:
"The approximately 20 acre site located at the northeast corner of Indian
Canyon Avenue and San Rafael Boulevard shall be allowed to develop
with residential uses at the M-15 density (12 du/net ac threshold and 15
du/net ac maximum) per the development standards of the R-2 zone or
per those development standards approved through a Planned
Development District."
RECOMMENDATION:
Adopt Resolution No. A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE
DECLARATION AND ASSOCIATED MITIGATION
MONITORING AND REPORTING PROGRAM,
APPROVING CASE 5.1065 — GENERAL PLAN
AMENDMENT TO CHANGE THE TEXT OF THE GENERAL
COMMERCIAL (GC) LAND USE DESIGNATION TO
ALLOW RESIDENTIAL USES FOR THE SUBJECT
PROPERTY LOCATED AT THE NORTHEAST CORNER
OF INDIAN CANYON DRIVE AND SAN RAFAEL;
APPROVING CASE 5.1029 — PLANNED DEVELOPMENT
DISTRICT 315 ALLOWING RESIDENTIAL USE IN THE
UNDERLYING C-M (COMMERCIAL MANUFACTURING)
ZONE; THE CONSTRUCTION OF 211 RESIDENTIAL
CONDOMINIUMS; THE CONSTRUCTION OF
APPROXIMATELY 10,000 SQUARE FEET OF
COMMERCIAL SPACE; APPROVING TENTATIVE TRACT
MAP 33561 TO SUBDIVIDE APPROXIMATELY 20 ACRES
TO CREATE A CONDOMINIUM LOT AND A COMMERCIAL
LOT FOR THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF INDIAN CANYON DRIVE AND
SAN RAFAEL, ZONE C-M, SECTION 35, APN 669330038.
City Council Staff Report
September 7, 2005 -- Page 3
STAFF ANALYSIS:
The initial application for a General Plan Amendment proposed to change the Land Use
designation of the project site from General Commercial (GC) to Resort Commercial
(RC). The applicant anticipated that the General Plan Amendment would allow the
residential and commercial uses the project proposes. However, the RC designation
does not allow residential uses except within the Tahquitz Canyon Corridor and in the
Gallery District areas. The project site is not located in either area, the requested
amendment would not serve to bring the project into conformance with the General
Plan.
As an alternative, the Planning Commission recommended that City Council consider
amending the text of the General Plan (CG) designation to allow residential uses at a
maximum density of 15 dwelling units per acre, on the approximately 20 acre site
located at the northeast corner of Indian Canyon Avenue and San Rafael Blvd. in
i addition to the allowed commercial uses. The City Attorney has opined that the City
Council may consider this alternative general plan amendment as a reasonable land
use modification, consistent with all of the components of the application the Planning
Commission is essentially an alternative vehicle for securing an amendment to the
City's General Plan to accommodate the project as proposed and described in the
application and all attendant environmental documents and analysis. The alternative
language (presented above) will not require any modifications or changes in the
application as proposed, establishes lower land use limits than under the RC
designation requested in the application, and is more narrowly tailored to reflect the
project as proposed.
If the City Council accepts the tradition of residential uses as proposed in the General
Plan amendment, it may approve a planned development district (PDD) in lieu of a
change of zone as amend and proposed development, per Section 94.07.00.B.5.d of
the Zoning Ordinance, The Final Planned Development District will require a finding of
conformity by the Planning Commission at a later date. Subsequent modifications to
the PDD could be processed as amendments, if necessary.
The Tentative Tract Map proposes to subdivide approximately 20 acres for the creation
of a condominium lot of approximately 19 acres and a commercial lot of approximately
0.9 acres. The Planning Commission approved the Map on August 24, 2005.
An Initial Study and Mitigated Negative Declaration have been prepared in accordance
with the regulations of the California Environmental Quality Act (CEQA). The applicant
has agreed to all mitigation measures described in the Mitigated Negative Declaration,
which will reduce potentially significant impacts to a level of less than significant.
FISCAL IMPACT:
None.
City Council Staff Report
September 7, 2005 -- Page 4
g . Ewi g, David H. Ready, City-Pab
Direc Ian ing Services
Attachments:
1. Vicinity Map
2. Draft Resolution
3. Draft Conditions of Approval (Exhibit A and B)
4. Copy of Planning Commission Report
5. Copy of Initial Study and Mitigated Negative Declaration
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ADOPTING THE MITIGATED
NEGATIVE DECLARATION AND ASSOCIATED MITIGATION
MONITORING AND REPORTING PROGRAM, APPROVING
CASE 5.1065 — GENERAL PLAN AMENDMENT TO CHANGE
THE TEXT OF THE GENERAL COMMERCIAL (GC) LAND USE
DESIGNATION TO ALLOW RESIDENTIAL USES FOR THE
SUBJECT PROPERTY LOCATED AT THE NORTHEAST
CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL;
APPROVING CASE 5.1029 — PLANNED DEVELOPMENT
DISTRICT 315 ALLOWING RESIDENTIAL USE IN THE
UNDERLYING C-M (COMMERCIAL MANUFACTURING) ZONE;
THE CONSTRUCTION OF 211 RESIDENTIAL CONDOMINIUMS;
THE CONSTRUCTION OF APPROXIMATELY 10,000 SQUARE
FEET OF COMMERCIAL SPACE; APPROVING TENTATIVE
TRACT MAP 33561 TO SUBDIVIDE APPROXIMATELY 20
ACRES TO CREATE A CONDOMINIUM LOT AND A
COMMERCIAL LOT FOR THE PROPERTY LOCATED AT THE
NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN
RAFAEL, ZONE C-M, SECTION 35, APN 669330038.
WHEREAS, PS Venture Indian Canyon San Rafael, LLC ("Applicant') has filed
an application with the City pursuant to the General Plan Amendment process,
Section 94.03.00 of the Zoning Ordinance and 9.62 of the Municipal Code, for a
General Plan Amendment, Planned Development District, and a Tentative Tract
Map to change the General Plan — Land Use Designation, allow 211 residential
units and 10,000 square feet of commercial, and create a residential and
commercial map of approximately 20 acres ("Project), located at the northeast
corner of Indian Canyon Drive and San Rafael, Zone C-M, Section 35, APN
669330038; and
WHEREAS, notice of the public hearing of the City Council of the City of Palm
Springs to consider the application for Case 5.1065, 5.1029 PD 315, and
TTM33561 was given in accordance with applicable law; and
WHEREAS, Case 5.1029 and TTM33561 approval is subject to the approval of
Case 5.1065 by the City Council; and
WHEREAS, on September 7, 2005, a public hearing on the project was held by
the City Council in accordance with applicable law; and
WHEREAS, the City Council has carefully reviewed and considered all of the
Resolution No.
Page 2
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project including, but
not limited to, the staff report, and all written and oral testimony presented
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. The City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the project including, but not
limited to, the staff report, and all written and oral testimony presented.
The City Council further finds that with the adoption of the proposed
Mitigated Negative Declaration (MND), potentially significant
I environmental impacts resulting from this project will be reduced to a level
of insignificance.
The City Council further finds that the modifications to the proposed
i General Plan Amendment will have the same or less impact than the
project analyzed in the MND and that no new impacts were identified nor
were new mitigation measures identified.
SECTION 2.
The General Plan Amendment as follows would allow the residential and
commercial land uses as proposed in PDD-315 specific for the project site
only.
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The text of the General Commercial designation of the General Plan is
amended to add Policy 3.28.2a to read as follows:
"The approximately 20 acre site located at the northeast corner of Indian
Canyon Avenue and San Rafael Boulevard shall be allowed to develop
with residential uses at the M-15 density (12 du/net ac threshold and 15
du/net ac maximum) per the development standards of the R-2 zone or
per those development standards approved through a Planned
Development District."
SECTION 3. Pursuant to Government Code Section 66474 (Subdivision Map Act), the
City Council finds that with the incorporation of those conditions attached
in Exhibit A and Exhibit B:
Resolution No.
Page 3
1. The proposed Tentative Map is consistent with applicable general
and specific plans.
The proposed project is consistent with the General Plan as
proposed for amendment in Section 3. The General Plan
designation for the site is CG General Commercial. The General
Plan, as proposed for amendment, allows residential and
commercial development at the proposed specific site only. The
applicant is proposing 211 dwelling units and 10,000 square feet of
commercial; therefore the proposed project is consistent with the
General Plan.
2. The design of improvement of the proposed subdivision is
consistent with the General Plan and any applicable Specific Plan.
Pursuant to Government Code Section 66473.5 the City Council
finds that the proposed subdivision and the provisions for its design
and improvement are compatible with the objectives, polices, and
general land uses and program provided in the City's General Plan.
All street, drainage, and utilities improvements will be constructed
to the standards of the General Plan and Conditions of Approval
associated with TTM 33577.
3. The site is physically suitable for the type and density of
development contemplated by the proposed subdivision.
The project proposes the creation of a residential and commercial
map of approximately 20 acres. The proposed development is a
mix of residential and commercial development, as permitted under
the General Plan. The subject property is surrounded by vacant
land, single-family residences, multiple-family residences, and light
industrial.
I
4. The design of the proposed subdivision or the proposed
improvements are not likely to cause substantial environmental
damage or substantially and unavoidably injure fish or wildlife or
their habitat.
The design of the proposed subdivision is not likely to cause
substantial environmental damage or substantially and unavoidably
injure fish or wildlife or their habitat. A Mitigated Negative
Declaration has been prepared and with the incorporated mitigation
measures, any environmental impact can be reduced to less than
significant.
5. The design of the subdivision or type of improvements is not likely
to cause serious public health problems.
Resolution No.
Page 4
The design of the subdivision and proposed improvements must
comply with the conditions of approval including, but not limited to,
the application of the Uniform Building Code Seismic Safety
Standards, and the City of Palm Springs Fugitive Dust Control
Ordinance in order to ensure public health and safety.
6. The design of the subdivision or the type of improvements will not
conflict with easements, acquired by the public at large, for access
through or use of, property within the proposed subdivision.
The applicant will be required to construct on and off-site
improvements. Therefore the design and the type of improvements
proposed will not conflict with easements acquired by the public at
Ilarge.
SECTION 4. The City Council finds that the Planned Development District may
be established through procedures of the conditional use permit as
set forth in Section 94.02.00(B).
1. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code;
The Planned Development Districts is a residential and commercial
development, where the density does not exceed the General Plan
requirements and the site is compatible with the existing or
potential development of the surrounding neighborhoods.
2. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of
the general plan, and is not detrimental to existing uses or to future
uses specifically permitted in the zone in which the proposed use is
to be located;
The Planned Development District will add to the housing stock
available. Thereby the Planned Development District is desirable
for the community and is in harmony with various elements of the
General Plan, and is not detrimental to existing uses or to future
uses specifically permitted in the zone in which the proposed use is
to be located
3. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use
to those existing or permitted future uses of land in the
neighborhood;
Resolution No.
Page 5
The Planned Development District site is approximately 20 acres
and will consist of 211 residential units and 10,000 square feet of
commercial. The Planned Development District site is adequate in
size and shape to accommodate such use, including yards,
setbacks, walls or fences, landscaping and other features required
in order to adjust such use to those existing or permitted future
uses of land in the neighborhood
4. That the site for the proposed use relates to streets and highways
properly designed and improved to carry the type and quantity of
traffic to be generated by the proposed use;
The Planned Development District fronts Indian Canyon Drive and
San Rafael. Indian Canyon Drive is a major thoroughfare that is
fully developed and San Rafael is a secondary thoroughfare that is
fully developed. Both Indian Canyon Drive and San Rafael have
the capacity to carry the type and quantity of traffic to be generated
by the proposed use.
5. That the conditions to be imposed and shown on the approved site
plan are deemed necessary to protect the public health, safety and
general welfare and may include minor modification of the zone's
property development standards. Such conditions may include:
SECTION 5. The proposed project has residential and commercial within the C-
M Zone. The C-M Zone prohibits the residential use and allows the
commercial use, but the City Council finds Development District will
define the land uses and the development standards for the
residential and commercial uses. The following table outlines the
development standards for the single-family residences:
Lot Area 866,844 square feet*
Lot Width 1320 feet*
Lot Depth 700 feet*
Density 211 dwelling units
10,000 square feet of
commercial
Front Yard 25 feet
Side Yard 10 — 20 feet
Rear Yard 10 — 50 feet
Building Height 22 — 24 feet
Parking Spaces 390
SECTION 6. The City Council finds that the Planned Development District shall
be approved in lieu of a change of zone as specified in Section
Resolution No.
Page 6
94.07.00. The Zone change is valid for residential and commercial
uses, the approves a Planned Development District in lieu of a
change of zone, subject to the filing of an application pursuant to
Section 94.03.00, subject to the Conditions of Approval in Exhibit A
and Exhibit B. A Planned Development District in lieu of a zone
change, shall be approved and adopted by ordinance of the City
Council.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing the City
Council hereby:
i
1. Adopts the Mitigated Negative Declaration and related Mitigation Monitoring
and Reporting Program.
2. Approves Case 5.1065 — APPROVING General Plan Amendment to add
Policy 3.28.2a to the General Commercial land use designation of the
General Plan to read as follows:
"The approximately 20 acre site located at the northeast corner of
Indian Canyon Avenue and San Rafael Boulevard shall be allowed
l to develop with residential uses at the M-15 density (12 du/net ac
threshold and 15 du/net ac maximum) per the development
standards of the R-2 zone or per those development standards
I
approved through a Planned Development District."
3. Approves Case 5.1029 — Planned Development District:
a. In lieu of change of zone to allow residential use in the underlying C-M
(Commercial Manufacturing) Zone; and
b. The construction of 211 residential condominiums; and
c. The construction of approximately 10,000 square feet of commercial
space.
4. Approves Tentative Tract Map 33561 to subdivide approximately 20 acres
to create a condominium lot and a commercial lot located at the northeast
corner of Indian Canyon Drive and San Rafael, Zone C-M, Section 35,
APN 669330038., subject to the Conditions of Approval in Exhibit A and
Exhibit B.
Page 7
ADOPTED THIS 7th day of September. 2005.
David H. Ready, City Manager
ATTEST:
i
I
James Thompson, City Clerk
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Resolution No.
Page 8
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
i by the following vote:
I AYES:
NOES:
ABSENT:
ABSTAIN:
James Thompson, City Clerk
City of Palm Springs, California
I Case 5.1029 PD- /TTM33561 / 5.1065
EXHIBIT A
CONDITIONS OF APPROVAL
CASE 5.1065, 5.1029 PD 315, TTM33561
GENERAL PLAN AMENDMENT, PLANNED DEVELOPMENT DISTRICT, TENTATIVE TRACT
MAP
PS VENTURE INDIAN CANYON SAN RAFAEL, LLC
NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL
AUGUST 24, 2005
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 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.
I
I
ADMINISTRATIVE
1, The proposed development of the premises shall conform to all applicable regulations of the
Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and
resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,
officers, and employees from any claim, action, or proceeding against the City of Palm
Springs or its agents, officers or employees to attach, set aside, void or annul, an approval
of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers
concerning Case 5.1065, 5.1029, and TTM33561. 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.
3. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parkways,
parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in accordance with all
2 Case 5,1029 PD- /TTM33561 / 5.1065
applicable law, rules, ordinances and regulations of all federal, state, and local bodies and
agencies having jurisdiction at the property owner's sole expense. This condition shall be
included in the recorded covenant agreement for the property if required by the City.
4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding
public art. The project shall either provide public art or payment of an in lieu fee. In the case
of the in-lieu fee, the fee shall be based upon the total building permit valuation as
calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2%
for commercial projects or 1/4% for residential projects with first $100,000 of total building
permit valuation for individual single-family units exempt. Should the public art be located
on the project site, said location shall be reviewed and approved by the Director of Planning
and Zoning and the Public Arts Commission, and the property owner shall enter into a
I recorded agreement to maintain the art work and protect the public rights of access and
viewing.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Section 66477 (Quimby Act), all residential development shall be required to contribute to
mitigate park and recreation impacts such that, prior to issuance of residential building
permits, a parkland fee or dedication shall be made. Accordingly, all residential development
shall be subject to parkland dedication requirements and/or park improvement fees. The
parkland mitigation amount shall be based upon the cost to acquire and fully improve
parkland. The fee shall be collected by the Planning Services Department.
6. The Project will bring 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 C. 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.
CC&R's
7. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for
approval in a form to be approved by the City Attorney, to be recorded prior to approval of a
final map. The CC&R's shall be enforceable by the City, shall not be amended without City
approval, shall require maintenance of all property in a good condition and in accordance
with all ordinances,
I3. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $10,000,
for the review of the CC&R's by the City Attorney. A $2,000 filing fee shall also be paid to
the City Planning Department for administrative review purposes.
3 Case 5.1029 PD- /TTM33561 / 5.1065
Cultural Resources
9. 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.
10. The project area has the possibility of buried resources. A Native American Monitor shall be
present during all ground-disturbing activities.
a) Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s) shall be
Ipresent during all ground disturbing activities including clearing and grubbing,
I 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
Services and after the consultation the Director shall have the authority to halt
destructive construction and shall notify a Qualified Archaeologist to investigate
and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente Cultural
Resource Coordinator for approval.
I
b) Two copies of any cultural resource documentation generated in connection with
this project, including reports of investigations, record search results and site
records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department and one copy to the City Planning and Zoning
Department prior to final inspection.
Final Design
12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for
approval by the Department of Planning Services, Department of Public Works, and
Department of Parks and Recreation, prior to issuance of a building permit. Landscape
plans shall be approved by the Riverside County Agricultural Commissioner's Office prior
to submittal. All landscaping located within the public right of way or within community
facilities districts must be approved by the Public Works Director and the Director of
Parks and Recreation.
13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor
Lighting Standards, shall be submitted for review and approval by the Director of
Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of
all exterior lighting on the building and in the landscaping shall be submitted for approval
prior to issuance of a building permit. If lights are proposed to be mounted on buildings,
down-lights shall be utilized. No lighting of the hillside is permitted.
14. Directional arrows shall be incorporated to identify one-way traffic and shall be included
in the CC&R language, subject to the approval of the Director of Planning Services.
4 Case 5.1029 PD- /TTM33561 / 5.1065
15. There shall be no guest parking in driveways of less than 20 feet in length. This
language shall be included in the CC&R's.
GENERAL CONDITIONS/CODE REQUIREMENTS
16. If the use of the subject property is ever changed, the City reserves the right to modify or
revoke this Tentative Tract Map and/or Architectural Approval application.
17. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.
The applicant shall submit an application for Final Landscape Document Package to the
Director of Planning and Zoning for review and approval prior to the issuance of a
building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements.
18. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal
Code for specific requirements.
19. The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or landscaped.
20. Separate architectural approval and permits shall be required for all signs. A detailed
sign program shall be submitted for review and approval by the Planning Commission
prior to issuance of building permits.
21. All materials on the flat portions of the roof shall be earth tone in color.
22. All awnings shall be maintained and periodically cleaned.
23. All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 9303.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend with
the architectural design of the building(s). The exterior elevations and roof plans of the
buildings shall indicate any fixtures or equipment to be located on the roof of the
building, the equipment heights, and type of screening. Parapets shall be at least 6"
above the equipment for the purpose of screening.
24. No exterior downspouts shall be permitted on any facade on the proposed building(s)
which are visible from adjacent streets or residential and commercial areas.
25. Perimeter walls shall be designed, installed and maintained in compliance with the
corner cutback requirements as required in Section 9302.00.D.
26. The design, height, texture and color of building(s), fences and walls shall be submitted
for review and approval prior to issuance of building permits.
27. The street address numbering/lettering shall not exceed eight inches in height.
28. Construction of any residential unit shall meet minimum soundproofing requirements
prescribed pursuant to Section 1092 and related sections of Title 25 of the California
5 Case 5.1029 PD- /TTM33561 / 5,1065
Administrative Code. Compliance shall be demonstrated to the satisfaction of the
Director of Building and Safety.
29. Submit plans meeting City standard for approval on the proposed trash and recyclable
materials enclosure prior to issuance of a building permit.
30, Details of pool fencing (material and color) and equipment area shall be submitted with
final landscape plan.
31. No sirens, outside paging or any type of signalization will be permitted, except approved
alarm systems.
32. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
33. Vehicles associated with the operation of the proposed development including company
vehicles or employees vehicles shall not be permitted to park off the proposed building
site unless a parking management plan has been approved.
34. Prior to the issuance of building permits, locations of all telephone and electrical boxes
must be indicated on the building plans and must be completely screened and located in
the interior of the building. Electrical transformers must be located toward the interior of
the project maintaining a sufficient distance from the frontage(s) of the project. Said
transformer(s) must be adequately and decoratively screened.
35. The applicant shall provide all tenants with Conditions of Approval of this project.
36. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces
shall be 18 feet deep by 9 feet wide plus an 8 foot walkway at the right side of the
parking space and shall be designated as "van accessible".
37. Handicapped accessibility shall be indicated on the site plan to include the location of
handicapped parking spaces, the main entrance to the proposed structure and the path
of travel to the main entrance. Consideration shall be given to potential difficulties with
the handicapped accessibility to the building due to the future grading plans for the
property.
38. Curbs shall be installed at a minimum of Five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area shall
have curbs placed at a minimum of two (2) feet from the face of walls, fences or
buildings adjoining driveways.
39. Parking lot light fixtures shall align with stall striping and shall be located two to three
feet from curb face.
40. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to comply with
shading requirements.
6 Case 5.1029 PD- / TTM33561 /5.1065
41. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning
Ordinance shall be met. Details to be provided with final landscape plan.
42. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated
"U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall
provide wheel stops.
43. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end
parking spaces or end spaces shall be increased to eleven (11) feet wide.
44. Tree wells shall be provided within the parking lot and shall have a planting area of six
feet in diameter/width.
POLICE DEPARTMENT
45. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT
46. Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
47. Shall comply with all Fire Department codes and regulations
ENGINEERING DEPARTMENT
48. See Exhibit B
7 Case 5.1029 PD- / TTM33561 / 5.1065
Exhibit B
APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP AND PLANNED
DEVELOPMENT TO CONSTRUCT A MIXED USE PROJECT CONSISTING OF 211
CONDOMINIUM UNITS WITH PARKING LOT, RECREATION CENTER, AND TENNIS
COURT, AND A RETAIL BUILDING LOCATED AT 3300 AND 3500 NORTH INDIAN CANYON
DRIVE (APN 669-330-038), SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M.,
CASE NO. 5.1029, PD 315 , ENG. FILE NO. TTM33561.
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.
I
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
I Encroachment Permit.
2. Coordinate with Sunline Transit Agency regarding required public transit facilities on or
adjacent to the development. Any required public transit facilities, including bus stops,
turn-outs, bus shelters and furniture, or other miscellaneous public transit improvements
shall be furnished, constructed and installed in conjunction with construction of the
associated street improvements.
3. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of building permits.
INDIAN CANYON DRIVE
4. Dedicate an additional 20 feet to provide the ultimate half street right-of-way width of 50
feet along the entire frontage (where required).
5. Dedicate an easement for bike path and pedestrian purposes for those portions of the
meandering 12 feet wide combination sidewalk and bicycle path that leave the public
right-of-way.
6. Construct an 8 inch curb and gutter, 38 feet east of centerline along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 200.
7. Construct a minimum 24 feet wide driveway approach with a centerline located
approximately 260 feet north of the centerline of San Rafael Drive, in accordance with
City of Palm Springs Standard Drawing No. 201. Access shall be limited to right-turn
ingress and egress only.
8. Construct a 50 feet wide new street intersection for the Main Entry with a centerline of
the Main Entry located approximately 660 feet north of the centerline of San Rafael Drive
aligned with the centerline of Oasis Road. The Main Entry shall be constructed with 25
feet radius curb returns and spandrels, and an 8 feet wide cross-gutter, in accordance
with City of Palm Springs Standard Drawing No. 200 and 206.
9. Left turn egress from the Main Entry shall be prohibited from the Main Entry.
10. The Main Entry gated entry design, including widths of ingress and egress lanes, shall
be subject to the review and approval by the City Engineer and Fire Marshall. Minimum
lane widths shall be 20 feet, and a minimum of 50 feet queuing space shall be provided
for vehicles entering the development. A turn-around shall be provided for vehicles
unable to enter the development. Emergency access shall be provided to the Fire
Department to the satisfaction of the Fire Marshall.
11. Construct Type A curb ramps meeting current California State Accessibility standards on
each side of the Main Entry in accordance with City of Palm Springs Standard Drawing
No. 212.
I
I 12. Construct a 12 feet wide combination sidewalk and bicycle path along the entire
frontage. The sidewalk and bicycle path shall be located adjacent to the curb and/or
meandering, as approved by the Director of Planning Services, and constructed with
colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert
Sand, or approved equal color by the Engineering Division.
13. Construct a 14-feet wide landscaped median island along the entire frontage. Provide a
100 feet long northbound left turn pocket at Las Vegas Road with a 90 feet long bay
taper; a 50 feet long northbound left turn pocket at Radio Road with a 90 feet long bay
taper; a 25 feet long northbound left turn pocket at Oasis Road/Main Entry with a 90 feet
long bay taper; a 25 feet long southbound left turn pocket at Oasis Road/Main Entry with
a 120 feet long bay taper; and a 100 feet long southbound left turn pocket at San Rafael
Drive with a 120 feet long bay taper. The left turn pockets shall be designed in
accordance with Section 405 of the current edition of the Caltrans Highway Design
Manual, as approved by the City Engineer. The median shall be constructed with a bi-
directional median opening at Oasis Road/Main Entry that prohibits eastbound and
westbound left turn and through movements.
14. Submit landscaping and irrigation system improvement plans for review and approval by
the City Engineer and Director of Planning Services. The irrigation system shall be
separately metered from the parkway landscaping irrigation, for future use by the City
upon acceptance of the landscaping by the City. The plans shall be approved in
conjunction with the street improvement plans for the median and prior to issuance of a
building permit.
15. Construct pavement with a minimum pavement section of 5 inches asphalt concrete
pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to clean saw
cut edge of pavement along the entire frontage in accordance with City of Palm Springs
Standard Drawing No. 110 and 340. If an alternative pavement section is proposed, the
proposed pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City Engineer for
approval.
9 Case 5.1029 PD-315/TTM33561 /5.1065
SAN RAFAEL DRIVE
16. Construct an 8 inch curb and gutter, 32 feet north of centerline along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 200.
17. Construct a 40 feet wide new street intersection for the secondary Main Entry with a
centerline of the secondary Main Entry located approximately 330 feet east of the
centerline of Indian Canyon Drive. The Main Entry shall be constructed with 25 feet
radius curb returns and spandrels, and an 8 feet wide cross-gutter, in accordance with
City of Palm Springs Standard Drawing No. 200 and 206.
18. The secondary gated entry design (located off of the shared entrance with the
commercial parcel), shall be subject to the review and approval by the City Engineer and
Fire Marshall. The secondary gated entry shall have a minimum width of 24 feet, and
the gated entry shall be located no further than 20 feet from the shared entrance with the
commercial parcel. Emergency access shall be provided to the Fire Department to the
satisfaction of the Fire Marshall.
19. Construct a Type A curb ramp meeting current California State Accessibility standards
on each side of the secondary Main Entry in accordance with City of Palm Springs
Standard Drawing No. 212.
20. Construct a 12 feet wide combination sidewalk and bicycle path along the entire
frontage, The sidewalk and bicycle path shall be located adjacent to the curb and/or
meandering, as approved by the Director of Planning Services, and constructed with
colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert
Sand, or approved equal color by the Engineering Division.
21. Construct pavement with a minimum pavement section 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 clean saw
cut edge of pavement along the entire 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.
22. Remove the existing westbound left-turn pocket at Indian Canyon Drive and install a
continuous two-way left-turn lane between Indian Canyon Drive and the Main Entry, with
an appropriate transition to centerline east of the Main Entry. The westbound right-turn
lane shall be protected or replaced in conjunction with the required traffic striping.
ON-SITE
23. The area adjacent to condominium units 21-30, 42-52, 93-99, and 101-108 shall be
revised to provide 20 feet wide one-way travel ways for access to adjacent condominium
units. The 20 feet wide travel way (for fire access) may make use of the adjacent wedge
curb and sidewalk. Restrictions on installation of above ground utilities, mail boxes, or
other permanent structures shall be made, to ensure and maintain the 20 feet wide fire
10 Case 5.1029 PD-315 / TTM33561 / 5.1065
access lane. Parking spaces shall be realigned as parallel spaces, with a short,
decorative raised barrier defining the dividing line between the two adjacent rows of
parking spaces. The revised site plan shall be subject to the review and approval by the
City Engineer and Fire Marshall.
i 24, The fire access lane between the recreation building and condominium unit 52 shall be a
minimum of 20 feet wide, and shall be relocated and/or realigned as necessary to
comply with the revised site plan. The fire access lane shall be constructed of a suitable
surface (turf block or other approved material) acceptable to the Fire Marshall, and shall
be appropriately signed and marked identifying it as restricted access for emergency
purposes only.
I
25. The proposed parking space between condominium units 30 and 31 shall be reserved
as a maneuvering space for the benefit of condominium units 31 and 32, to allow
vehicles leaving the garages of condominium units 31 and 32 to maneuver and exit the
development. The space shall be shortened, widened and/or relocated as necessary to
provide appropriate maneuvering area, to the satisfaction of the City Engineer.
26. The access to condominium units 92-93 and 108-109 shall be revised to eliminate
conflicting traffic movements and improve access to each unit, to the satisfaction of the
City Engineer.
27, Access to carports and driveways to garages shall be oriented as close to perpendicular
to the adjacent on-site street as possible, as required by the City Engineer.
28. The driveway to condominium units 65-66 (adjacent to the Indian Canyon Drive Main
Entry) shall be realigned to provide a more perpendicular alignment to the adjacent
street.
29. The access to the carports to condominium units 27-28 shall be revised to increase the
offset distance to the intersecting on-site streets, or the alignment of the intersecting on-
site streets shall be revised to provide better access to the carports.
30. The access connection between the residential and commercial development between
condominium unit 1 and the retail building shall be a minimum 20 feet wide emergency
access lane. The access shall be gated and restricted for emergency access purposes
only. Emergency access shall be provided to the Fire Department to the satisfaction of
the Fire Marshall.
31. All two-way on-site streets shall be a minimum of 24 feet wide (as measured from curb
face or edge of travel way).
32. All on-site streets shall be constructed with concrete wedge or roll curbs, or standard
curb and gutter, and cross-gutters as necessary to accept and convey on-site storm
water runoff to the on-site storm drain system, in accordance with applicable City
Standards.
33. All on-site streets shall be constructed with a .rninimum pavement section of 2'/z inches
asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement
11 Case 5.1029 PD-315/TTM33561 / 5.1065
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.
34. Parking shall be restricted along both sides of the 24 feet wide on-site streets, as
necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26
"No Parking" signs or red curb shall be installed along the private streets as necessary to
enforce parking restrictions. The Home Owners Association (HOA) shall be responsible
for regulating and maintaining required no parking restrictions, which shall be included in
Covenants, Conditions, and Restrictions (CC&R's) required for the development.
SANITARY SEWER
35. All sanitary facilities shall be connected to the public sewer system. New laterals shall
not be connected at manholes.
36. All on-site sewer systems shall be privately maintained by a Home Owners Association
(HOA). Provisions for maintenance of the on-site sewer system acceptable to the City
Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's)
required for this development.
37. An on-site private sewer system shall be constructed to collect sewage from the
development and connect to the existing public sewer system. Sewer plans shall be
submitted to the Engineering Division for review and approval. Private on-site sewer
mains shall conform to City sewer design standards, including construction of 8 inch
V.C.P. sewer main and standard sewer manholes. A profile view of the on-site private
sewer mains is not necessary provided sufficient invert information is provided in the
plan view, including elevations with conflicting utility lines. Connection of the on-site
private sewer system to the public sewer main shall be made as a standard lateral
connection into the existing public sewer mains located in Indian Canyon Drive and/or
San Rafael Drive in accordance with City of Palm Springs Standard Drawing No. 405.
Plans for sewers other than the private on-site sewer mains, i.e. building sewers and
laterals from the buildings to the on-site private sewer mains, are subject to separate
review and approval by the Building Division.
GRADING
38. Submit a Grading Plan prepared by a California registered Civil Engineer or qualified
Architect to the Engineering Division for review and approval. The Grading Plan shall be
approved by the City Engineer prior to issuance of grading permit.
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
12 Case 5.1029 PD-315 /TTM33561 /5.1065
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 Elio Torrealba at AQMD at (909) 396-3752, or at
eorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the
Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved
by the Engineering Division prior to approval of the Grading plan.
The first submittal of the Grading Plan shall include the following information: a copy of
final approved conformed copy of Conditions of Approval; a copy of a final approved
conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report;
and a copy of the associated Hydrology Study/Report.
39. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance
water from entering the public streets, roadways, or gutters.
40. A National Pollutant Discharge Elimination System (NPDES) storm water permit, issued
from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is
required for the proposed development. A copy of the executed permit shall be provided
to the City Engineer prior to approval of a Grading Plan.
41. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the
developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per
disturbed acre for mitigation measures for erosion/blow sand relating to this property and
development.
42. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the proposed
development. A copy of the soils report shall be submitted to the Building Department
and to the Engineering Division prior to approval of the Grading Plan.
43. 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).
DRAINAGE
44. All storm water runoff passing through the site shall be accepted and conveyed across
the property in a manner acceptable to the City Engineer. For all storm water runoff
falling on the site, on-site retention or other facilities approved by the City Engineer shall
be required to contain the increased storm water runoff generated by the development of
the property, as described in the Preliminary Hydrology Report for TTM33561, prepared
by MSA Consulting, Inc., revised July 8, 2005 (or as may be amended). Final retention
13 Case 5.1029 PD-315/TTM33561 / 5.1065
basin sizing, storm drain pipe sizing, and catch basin sizing and other specifications for
construction of required on-site storm drainage improvements shall be finalized in the
Hydrology Report.
45. Provisions for the interception of nuisance water from entering adjacent public streets
from the project site shall be provided through the use of a minor storm drain system that
collects and conveys nuisance water to landscape or parkway areas, and in only a storm
water runoff condition, pass runoff directly to the streets through parkway or under
i sidewalk drains. Other methods of intercepting nuisance water may be allowed, as
approved by the City Engineer.
46. Submit storm drain improvement plans for all on-site storm drainage system facilities for
review and approval by the City Engineer.
47. The applicant shall construct on-site private storm drain improvements, including but not
limited to catch basins, storm drain lines, and underground retention structures, for
drainage of the development, as described in a final Hydrology Report for Tentative
Tract Map 33561, as approved by the City Engineer.
48. All on-site storm drain systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site storm drain system
acceptable to the City Engineer shall be included in Covenants, Conditions and
Restrictions (CC&R's) required for this development.
49. The project is subject to flood control and drainage implementation fees. The acreage
drainage fee at the present time is $6,511 per acre per Resolution No. 15189. Fees shall
be paid prior to issuance of a building permit.
GENERAL
50. 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.
51. All proposed utility lines shall be installed underground.
52. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
14 Case 5.1029 PD-315 /TTM33561 / 5.1065
53. 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 drawing
file) and DXF (AutoCAD ASCII drawing exchange file). 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.
54. The original improvement plans prepared for the proposed development and approved
by the City Engineer shall be documented with record drawing "as-built' information and
returned to the Engineering Division prior to issuance of a certificate of occupancy. Any
modifications or changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction.
' 55. In accordance with Chapter 8.04,401 of the City of Palm Springs Municipal Code, all
existing overhead 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, adjacent to, and/or transecting the property,
shall be installed underground unless specific restrictions are shown in General Orders
95 and 128 of the California Public Utilities Commission, and service requirements
published by the utilities. The existing overhead utilities within the Southern California
Edison easement located parallel to and 250 feet from the westerly property line and the
existing overhead utilities adjacent to San Rafael Drive along the southerly property line
shall be installed underground. A detailed plan approved by the owner(s) of the affected
utilities depicting all above ground facilities in the area of the project to be
undergrounded, shall be submitted to the Engineering Division prior to approval of any
grading plan. Utility undergrounding shall be completed prior to issuance of a certificate
of occupancy.
56. Nothing shall be constructed or planted in the corner cut-off area of any driveway which
does or will exceed the height required to maintain an appropriate sight distance per City
of Palm Springs Zoning Code Section 93.02.00, D.
57. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm
Springs Standard Drawing No. 904.
MAP
58. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil
Engineer and submitted to the Engineering Division for review and approval. A Title
Report prepared for subdivision guarantee for the subject property, the traverse closures
for the existing parcel and all lots created there from, and copies of record documents
shall be submitted with the Final Map to the Engineering Division as part of the review of
the Map. The Final Map shall be approved by the City Council prior to issuance of
building permits.
59. Relocation or abandonment of record easements across the property shall be performed
in conjunction with or prior to approval of a final map. The easements, identified as an
easement to Southern California Edison recorded as Instrument No. 160821 on
December 5, 1972; and an easement to Southern California Edison recorded as
Instrument No. 53651 on June 8, 1962, shall be extinguished, quit-claimed, relocated or
15 Case 5.1029 PD-315 /TTM33561 / 5.1065
abandoned to facilitate development of the subject property. Without evidence of such,
proposed structures located within these existing record easements may not be
constructed until such time as the easements are removed of record. Building permits
for structures within these easements shall be withheld until the easements are
abandoned, if a final map is approved prior to their abandonment.
60. Upon approval of a Final Map, the Final Map shall be provided to the City in G.I.S. digital
format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside
County Transportation and Land Management Agency." G.I.S. digital information shall
consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet);
monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines
shown as continuous lines; full map annotation consistent with annotation shown on the
map; map number; and map file name. G.I.S. data format shall be provided on a
CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile,
Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN
(Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). 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
61. The following mitigation measures, as determined by the traffic impact study titled
"Palermo Planned Development District and Tentative Tract No. 33561 Traffic Impact
Study," prepared by Endo Engineering dated April, 7, 2005," apply to this development:
A. Pay a fair share contribution determined as 11.14% of the cost of geometric
modifications and street improvements (asphalt pavement widening, traffic striping and
related improvements) as necessary to widen the west leg of the San Rafael Drive and
Indian Canyon Drive intersection, in a manner that improves intersection capacity
acceptable to the City Engineer. The applicant shall provide an Engineer's estimate of
the improvements to the City Engineer for review and approval, and shall pay the fair
share contribution of 11,14% of the approved Engineer's estimate prior to approval of a
final map.
B. Pay a fair share contribution of$5,715 determined as 3.81% of the construction of a new
traffic signal (estimated at $150,000) at the intersection of Indian Canyon Drive and
Tramview Road. The developer shall pay the fair share contribution prior to approval of a
final map.
C. Pay a fair share contribution of$5,085 determined as 3.39% of the construction of a new
traffic signal (estimated at $150,000) at the intersection of Indian Canyon Drive and
Sunrise Parkway. The developer shall pay the fair share contribution prior to approval of
a final map.
D. In lieu of payment of a fair share contribution to a traffic signal at the intersection of San
Rafael Drive and Avenida Caballeros, which may or may not be warranted by 2025,
install traffic striping and signage to provide a separate northbound shared left
turn/through lane, and separate right turn lane.
Director of Planning Services
August 8, 2005
TrM 33561 (revised)
Page 16
62. Submit traffic striping and signage plans for Indian Canyon Drive and San Rafael
Drive, 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 issuance of a certificate of
occupancy.
63. If identified by a name, install a street name sign at the intersection of Indian
Canyon Drive and the Main Entry, and at San Rafael Drive and the secondary
i Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620
through 625. Street name signs may be customized, subject to the review and
approval by the City Engineer.
i
64. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at each access point onto Indian Canyon Drive and San Rafael
Drive, in accordance with City of Palm Springs Standard Drawing Nos. 620-625.
65. Install stop controls at on-site street intersections, as may be required by the City
Engineer. Stop signs within the development may be customized, provided the
sign maintains the minimum MUTCD standards for stop signs, subject to review
and approval by the City Engineer.
66, Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
67. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
1 Case 5.1029 PD- 315 /TTM33561 / 5.1065
DATE: AUGUST 24, 2005
TO: PLANNING COMMISSION
FROM: DIRECTOR OF PLANNING SERVICES I�
CASE 5.1029 PD 315 / TTM33561 / 5.1065 — AN APPLICATION BY PS VENTURE
INDIAN CANYON SAN RAFAEL, LLC FOR A GENERAL PLAN AMENDMENT TO
I CHANGE THE DESIGNATION FROM GENERAL COMMERCIAL (GC) TO RESORT
COMMERCIAL (RC), A TENTATIVE TRACT MAP TO SUBDIVIDE APPROXIMATELY
20 ACRES, AND A PLANNED DEVELOPMENT DISTRICT TO CONSTRUCT 211
RESIDENTIAL CONDOMINIUMS AND APPROXIMATELY 10,000 SQUARE FEET OF
COMMERCIAL, LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON
DRIVE AND SAN RAFAEL, ZONE C-M, SECTION 35, APN 669330038.
RECOMMENDATION
That the Planning Commission:
1. Recommend that the City Council adopt the Mitigated Negative Declaration and
associated Mitigation Monitoring and Reporting Program.
2. Find that Case 5.1065, General Plan Amendment to change the Land Use
designation from General Commercial (GC) to Resort Commercial (RC) as
submitted for the subject property located at the northeast corner of Indian
Canyon Drive and San Rafael, is not appropriate under the stated objectives of
the City's General Plan.
3. Recommend that the City Council approve Case 5.1065 per the staff
recommended alternative and modifications as outlined in this report.
4. Recommend that the City Council approve Case 5.1029— Planned Development
District No. 315:
a. In lieu of change of zone to allow residential use in the underlying C-M
(Commercial Manufacturing)Zone; and
b. The construction of 211 residential condominiums; and
c. The construction of approximately 10,000 square feet of commercial
space; and
5. Recommend that the City Council approve Tentative Tract Map 33561 to
subdivide approximately 20 acres to create a condominium lot and a commercial
lot located at the northeast corner of Indian Canyon Drive and San Rafael, Zone
C-M, Section 35, APN 669330038.
BACKGROUND
PS Venture Indian Canyon San Rafael, LLC ("the applicant") has submitted an
application for a General Plan Amendment, Planned Development District, and a
Tentative Tract Map. The proposed project is located at the northeast corner of Indian
Canyon and San Rafael.
The General Plan Amendment proposes to change the Land Use designation from
General Commercial (GC) to Resort Commercial (RC). The applicant anticipated that
the General Plan Amendment would allow the residential and commercial uses the
2 Case 5.1029 PD- 315 /TTM33561 / 5.1065
project proposes. However, the RC designation does not allow residential uses except
within the Tahquitz Canyon Corridor and in the Gallery District. The project site is not
located in either area. Therefore, as submitted, the proposed residential uses are
inconsistent with the General Plan and the City cannot approve the Planned
Development District or the Tentative Tract Map, which are both required to be
consistent with the General Plan.
If the Planning Commission and the City Council determine that the Planned
Development District composed of residential and commercial uses is desirable for the
community and the uses are compatible whit surrounding uses, the staff recommends
the approval of a modified General Plan Amendment as follows:
Amend the text of the General Commercial (CG) designation-to allow residential uses at
a maximum density of 15 dwelling units per net acre, in addition to the allowed
commercial uses on the approximately 20 acre site located at the northeast corner of
Indian Canyon Avenue and San Rafael Blvd. (the precise wording is contained in the
Iattached Resolution). The City Attorney has opined that the Planning Commission may
i consider this alternative general plan amendment at this hearing without any additional
notice since the alternative proposal is a reasonable land use modification, consistent
with all of the components of the application and is essentially an alternative vehicle for
securing an amendment to the City's General Plan that would accommodate the project
as proposed and described in the application and all attendant environmental documents
and analysis. The alternative will not require or permit any modifications or changes in
the application as proposed, is less intense and dense than what could be provided
under the RC designation as requested in the application, and is more narrowly tailored
to reflect the project as proposed.
Per Section 94.07.00.B.5.d of the Zoning Ordinance, the Planning Commission may
recommend and the City Council may approve a planned development district (PDD) in
lieu of a change of zone. However, the Planned Development Ordinance (Sec.94.03
(135)) requires the uses in any PDD to be permitted by the subject zoning and/or the
General Plan, hence the need for the General Plan Amendment. The project is
proposing a residential use in the C-M (Commercial Manufacturing) Zone. The C-M
Zone prohibits residential use; however, the proposed amendment to the General Plan
would allow residential uses up to a maximum of 15 dwelling units per acre. The
Planned Development District will require the approval by the City Council. The Final
Planned Development District will require a finding of conformity by the Planning
Commission at a later date. Subsequent modifications to the PDD could be processed
as amendments, if necessary.
The Tentative Tract Map proposes to subdivide approximately 20 acres for the creation
of a condominium lot of approximately 19 acres and a commercial lot of approximately
0.9 acres. The Tentative Tract Map will require the approval by the City Council. The
Architectural Advisory Committee reviewed this project on April 11, 2005 and voted to
recommend approval of the architecture and landscape, as submitted.
3 Case 5.1029 PD- 315 /TTM33561 / 5.1065
ADJACENT LAND USES, GENERAL PLAN AND ZONING:
Adjacent land uses are the following:
General Zoning Land Uses
Plan
Vacant (Project has been approved for
North CDL6 R-1-C approximately 1,200 residential and golf
community)
South M15, L4 R-2, R-1-C Multiple-Family Residential, Single-Family
I Residential
Vacant (Project has been approved for
East CDL6 PD-210 approximately 1,200 residential and golf
community)
West GC C-M Manufacturing, Light Industrial
ANALYSIS
The General Plan designation is GC (General Commercial). This provides for general
commercial uses that are not dependent upon passing pedestrians. The proposed
project is to consist of residential and commercial. A General Plan Amendment to
change the Land Use designation from GC (General Commercial) to RC (Resort
Commercial), so that the proposed project can be consistent with the General Plan.
However, as noted previously, the RC designation would not be appropriate for this
location as defined by the General Plan objectives and would not permit residential uses
at the proposed location.
The City Attorney has opined that the Planning Commission may consider this
alternative general plan amendment at this hearing without any additional notice since
the alternative proposal is a reasonable land use modification, consistent with all of the
components of the application and is essentially an alternative vehicle for securing an
amendment to the City's General Plan that would accommodate the project as proposed
and described in the application and all attendant environmental documents and
analysis. The alternative will not require or permit any modifications or changes in the
application as proposed, is less intense and dense than what could be provided under
the RC designation as requested in the application, and is more narrowly tailored to
reflect the project as proposed
Since the proposed RC General Plan designation does not permit residential uses, staff
is proposing a modification to the request that would allow the project to be approved
should the Planning Commission and the City Council find the other aspects of the
proposal desirable for the community. The proposed staff modification would entail
modifying the text of the CG General Plan designation to allow residential uses at the
proposed site. Therefore, it would be site specific and not apply to other sites
designated CG.
The proposed project site is Zoned C-M (Commercial Manufacturing). This provides for
commercial and light industrial, but prohibits residential uses. Per Section 94.03.00.E of
4 Case 5.1029 PD- 315 /TTM33561 / 5.1065
,the Zoning Ordinance allows for a Planned Development District in lieu of a change of
Zone. The proposed project is to consist of residential with commercial land uses. The
Planned Development District is proposed in lieu of change of zone. The approval of the
Planned Development District can is subject to the approval of the General Plan
Amendment. The approval of the General Plan Amendment will allow the proposed
project to be consistent with the General Plan, a requirement of the Planned
Development District.
The Tentative Tract Map is subject to the California State — Subdivision Map Act. The
approval of the Tentative Tract Map is subject to the approval of the General Plan
Amendment as proposed by staff. The approval of the General Plan Amendment will
allow the proposed Tentative Tract Map to be consistent with the General Plan, a
requirement of the California State - Subdivision Map Act. Furthermore, Engineering
and Planning staff have reviewed the proposed tentative map for consistency with the
I Subdivision Map Act and the City's Subdivision Ordinance and recommend a finding of
consistency as conditioned.
I
Staff has prepared the following table comparing the required development standards to
the existing and proposed conditions. However, the project is being proposed as a PDD,
which creates its own unique development standards.
C-M Development Standards Proposed
Lot Area 20,000 square feet 866,844 square feet`
Lot Width 100 feet 1320 feet*
Lot Depth 150 feet 700 feet*
Density No limit 211 dwelling units
10,000 square feet of
commercial
Front Yard 25 feet 25 feet
Side Yard 20 Feet 10—20 feet
Rear Yard 20 Feet 10 — 50 feet
Building Height 30 Feet 22—24 feet
*Existing lot
The proposed project meets and exceeds the parking requirements per Section 93.06.00
of the Zoning Ordinance. 159 of the condominiums have two bedrooms, 52 of the
condominiums have one bedroom, and there is a 10,000 square foot commercial
building. The two bedroom units are required to have 1.50 parking spaces per unit, one
bedroom units are required to have 1.25 parking spaces per unit, 10,000 square feet of
commercial is required to have 1 parking space per 300 square feet, and guest parking
of 1 parking space per four units. The following table shows the required and proposed
parking.
5 Case 5.1029 PD- 315 /TTM33561 15.1065
Parking Required Proposed
2 bedroom unit 238.5
1.5 parking spaces per unit
1 bedroom unit 65
1.25 parking spaces per unit
Guest parking 52.75
1parking space per 4 units
Total covered 211 211
Total uncovered 146 (uncovered andquest)
Commercial (undefined retail) 33.3 33
1 parking sRaace per 300 square feet _
1 Total 389.55 390
I
The proposed project is required to have a minimum of 211 covered parking spaces and
the rest can be uncovered. The proposed project has 211 covered parking and 179
uncovered parking spaces. The proposed project is required to have 389 parking
spaces and 390 are proposed. Therefore the proposed project meets the required
parking.
The proposed two-story elements for the condominiums range from 10 to 20 feet from
the south and north property lines, 10 to 20 feet from the east property line, and 25 feet
from the west property line. The proposed project is surrounded to the north and east by
vacant land. However, the City did approve a large residential project that includes
single-family residences, multiple-family residences and a golf course. This project will
consist of 1 and 2 story elements. The proposed project is surrounded to the south by a
secondary thoroughfare and a mix of single-family residential and multiple-family
residential. The residential units to the south will be a minimum of 118 feet from any two
story elements of the proposed project. The proposed project is surrounded to the west
by a major thoroughfare and light industrial buildings. The light industrial buildings are a
minimum of 130 feet from any proposed residential units. The proposed project has a
maximum height of 24 feet. The visual impact to the surrounding properties will be
minimal because of the distance and building height of the proposed project and the
surrounding properties.
The proposed project at 211 condominium units and 10,000 square foot commercial
building does generate enough traffic to require a traffic study. A traffic study was
conducted and mitigation measures will be implemented to reduce the impact of the
increased traffic. The proposed project will have access from Indian Canyon Drive and
an accessory access from San Rafael. Primary access for the commercial building will
be from Indian Canyon Drive. Indian canyon Drive and San Rafael are fully improved
streets which have the capacity to handle the type and quantity of traffic generated from
this project. With the mitigation measures incorporated, the traffic impact can be
reduced to Less Than Significant.
The internal streets consist of two-way traffic with a minimum road width of 24 feet,
except there are two sections of guest parking that create a one-way boulevard with a
street width of 16 feet. Staff has analyzed this section and concluded that the Home
6 Case 5.1029 PD- 315 /TTM33561 / 5.1065
Owners Association would enforce the one-way streets. Staff has analyzed the 16 feet
of road with an additional 4 feet of drivable curb/sidewalk and has concluded that the 16
feet of road width with the 4 feet of drivable curb/sidewalk will satisfy the required width
for safety vehicles. However, staff is requiring 24 feet from the face of the garages to
the parking space to provide for acceptable access to and from the garages.
ENVIRONMENTAL ASSESMENT
An Initial Study and Mitigated Negative Declaration have been prepared in accordance
with the regulations of the California Environmental Quality Act (CEQA). The applicant
has agreed to all mitigation measures described in the Mitigated Negative Declaration,
which will reduce potentially significant impacts to a level of less than significant. The
Mitigated Negative Declaration analyzed the project with the General Plan Amendment
as proposed by the applicant. The suggested modifications proposed by staff render the
project to be narrower in scope than proposed. There are no new unavoidable impacts
and the proposed mitigation measures are adequate to reduce any identified impacts to
a level of less than significant. Therefore, pursuant to Section 15073.5 of the CEQA
Guidelines no recirculation of the document is required prior to adoption.
NOTIFICATION
A Public Hearing Notice was published in the Desert Sun newspaper.
All property owners within 400 feet of the project site have been notified of the public
hearing.
As of the writing of this report, staff has received no correspondence.
Director of Planning Services
ATTACHMENTS:
1. Vicinity Map
2. Draft Resolution
3. Draft Conditions Of Approval (Exhibit A and Exhibit l3)
4. Initial Study and Mitigated Negative Declaration (Planning Commission only -
available in the Planning Dept. )
7 Case 5.1029 PD- 315 /TTM33561 /5.1065
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CITY OF PALM SPRINGS
CASE NO.: 5.1065 /TTM33561 / 5.1029 DESCRIPTION: Application by P.S. Venture Indian
General Plan Amendment/Tentative Tract Canyon San Rafael, LLC for a General Plan
Map/ Planned Development District Amendment to change the designation from General
Commercial (GC)to Resort Commercial (RC), a
Tentative Tract Map to subdivide approximately 20
APPLICANT: P.S. Venture Indian Canyon San Rafael, acres, and a Planned Development District to construct
LLC 211 residential condominiums and approximately
10,000 square feet of commercial, located at the
northeast corner of Indian Canyon Drive and San
Rafael, Zone C-M, Section 35, APN 669330038.
8 Case 5.1029 PD- /TTM33561 /5.1065
EXHIBIT A
CONDITIONS OF APPROVAL
CASE 5.1065, 5.1029 PD 315, TTM33561
GENERAL PLAN AMENDMENT, PLANNED DEVELOPMENT DISTRICT, TENTATIVE TRACT
MAP
PS VENTURE INDIAN CANYON SAN RAFAEL, LLC
NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL
AUGUST 24, 2005
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 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
1. The proposed development of the premises shall conform to all applicable regulations of the
Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and
resolutions which supplement the zoning district regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents,
officers, and employees from any claim, action, or proceeding against the City of Palm
Springs or its agents, officers or employees to attach, set aside, void or annul, an approval
of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers
concerning Case 5.1065, 5.1029, and TTM33561. 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.
3. That the property owner(s) and successors and assignees in interest shall maintain and
repair the improvements including and without limitation sidewalks, bikeways, parkways,
parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and
property line, including sidewalk or bikeway easement areas that extend onto private
property, in a first class condition, free from waste and debris, and in accordance with all
applicable law, rules, ordinances and regulations of all federal, state, and local bodies and
9 Case 5.1029 PD- /TTM33561 / 5.1065
agencies having jurisdiction at the property owner's sole expense. This condition shall be
included in the recorded covenant agreement for the property if required by the City.
4. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding
public art. The project shall either provide public art or payment of an in lieu fee. In the case
of the in-lieu fee, the fee shall be based upon the total building permit valuation as
calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2%
for commercial projects or 1/4% for residential projects with first $100,000 of total building
permit valuation for individual single-family units exempt. Should the public art be located
on the project site, said location shall be reviewed and approved by the Director of Planning
I and Zoning and the Public Arts Commission, and the property owner shall enter into a
recorded agreement to maintain the art work and protect the public rights of access and
Viewing.
5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code
Section 66477 (Quimby Act), all residential development shall be required to contribute to
mitigate park and recreation impacts such that, prior to issuance of residential building
permits, a parkland fee or dedication shall be made. Accordingly, all residential development
shall be subject to parkland dedication requirements and/or park improvement fees. The
parkland mitigation amount shall be based upon the cost to acquire and fully improve
parkland. The fee shall be collected by the Planning Services Department.
6. The Project will bring 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 C. Section 53311 of sec, 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.
CC&R's
7. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for
approval in a form to be approved by the City Attorney, to be recorded prior to approval of a
final map. The CC&R's shall be enforceable by the City, shall not be amended without City
approval, shall require maintenance of all property in a good condition and in accordance
with all ordinances,
8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $10,000,
for the review of the CC&R's by the City Attorney. A $2,000 filing fee shall also be paid to
the City Planning Department for administrative review purposes.
Cultural Resources
10 Case 5.1029 PD- /TTM33561 / 5.1065
9. 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.
10. The project area has the possibility of buried resources. A Native American Monitor shall be
present during all ground-disturbing activities.
Ia) Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s) shall be
present during all ground disturbing activities including clearing and grubbing,
I 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
Services and after the consultation the Director shall have the authority to halt
destructive construction and shall notify a Qualified Archaeologist to investigate
and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for
submission to the State Historic Preservation Officer and Agua Caliente Cultural
Resource Coordinator for approval.
b) Two copies of any cultural resource documentation generated in connection with
this project, including reports of investigations, record search results and site
records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department and one copy to the City Planning and Zoning
Department prior to final inspection.
Final Design
12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for
approval by the Department of Planning Services, Department of Public Works, and
Department of Parks and Recreation, prior to issuance of a building permit. Landscape
plans shall be approved by the Riverside County Agricultural Commissioner's Office prior
to submittal. All landscaping located within the public right of way or within community
facilities districts must be approved by the Public Works Director and the Director of
Parks and Recreation.
13. An exterior lighting plan in accordance with Zoning Ordinance Section 93,21.00, Outdoor
Lighting Standards, shall be submitted for review and approval by the Director of
Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of
all exterior lighting on the building and in the landscaping shall be submitted for approval
prior to issuance of a building permit. If lights are proposed to be mounted on buildings,
down-lights shall be utilized. No lighting of the hillside is permitted.
14, All design criteria in the Section 14 Specific Plan shall be complied with prior to issuance
of Certificate of Occupancy.
15. Directional arrows within the decorative pavement shall be incorporated to identify one-
way traffic and shall be included in the CC&R language, subject to the approval of the
Director of Planning Services.
11 Case 5.1029 PD- /TTM33561 / 5.1065
16, There shall be no guest parking in driveways of less than 20 feet in length. This
language shall be included in the CC&R's.
17. The design and function of the access gates shall assist in enforcing the one-way
direction for traffic. The access gates shall be designed so that there is an enter only
and a exit only function. The design and function is subject to the approval of the
Director of Planning Services.
GENERAL CONDITIONS/CODE REQUIREMENTS
18. The Architectural Approval shall be valid for a period of two (2) years. Extensions of
time may be granted by the Planning Commission upon demonstration of good cause.
19, If the use of the subject property is ever changed, the City reserves the right to modify or
revoke this Tentative Tract Map and/or Architectural Approval application.
20. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance.
The applicant shall submit an application for Final Landscape Document Package to the
Director of Planning and Zoning for review and approval prior to the issuance of a
building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements.
21. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be
submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal
Code for specific requirements.
22. The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or landscaped.
23. Separate architectural approval and permits shall be required for all signs. A detailed
sign program shall be submitted for review and approval by the Planning Commission
prior to issuance of building permits.
24. All materials on the flat portions of the roof shall be earth tone in color.
25. All awnings shall be maintained and periodically cleaned.
26. All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 9303.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend with
the architectural design of the building(s). The exterior elevations and roof plans of the
buildings shall indicate any fixtures or equipment to be located on the roof of the
building, the equipment heights, and type of screening. Parapets shall be at least 6"
above the equipment for the purpose of screening.
27. No exterior downspouts shall be permitted on any facade on the proposed building(s)
which are visible from adjacent streets or residential and commercial areas.
28. Perimeter walls shall be designed, installed and maintained in compliance with the
corner cutback requirements as required in Section 9302.00.D.
12 Case 5.1029 PD- /TTM33561 / 5.1065
29. The design, height, texture and color of building(s), fences and walls shall be submitted
for review and approval prior to issuance of building permits.
30. The street address numbering/lettering shall not exceed eight inches in height.
I 31. Construction of any residential unit shall meet minimum soundproofing requirements
prescribed pursuant to Section 1092 and related sections of Title 25 of the California
i Administrative Code. Compliance shall be demonstrated to the satisfaction of the
Director of Building and Safety.
32. Submit plans meeting City standard for approval on the proposed trash and recyclable
materials enclosure prior to issuance of a building permit.
33. Details of pool fencing (material and color) and equipment area shall be submitted with
final landscape plan.
34. No sirens, outside paging or any type of signalization will be permitted, except approved
alarm systems.
35. No outside storage of any kind shall be permitted except as approved as a part of the
proposed plan.
36. Vehicles associated with the operation of the proposed development including company
vehicles or employees vehicles shall not be permitted to park off the proposed building
site unless a parking management plan has been approved.
37. Prior to the issuance of building permits, locations of all telephone and electrical boxes
must be indicated on the building plans and must be completely screened and located in
the interior of the building. Electrical transformers must be located toward the interior of
the project maintaining a sufficient distance from the frontage(s) of the project. Said
transformers) must be adequately and decoratively screened.
38. The applicant shall provide all tenants with Conditions of Approval of this project.
39. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces
shall be 18 feet deep by 9 feet wide plus a 8 foot walkway at the right side of the parking
space and shall be designated as "van accessible".
40. Handicapped accessibility shall be indicated on the site plan to include the location of
handicapped parking spaces, the main entrance to the proposed structure and the path
of travel to the main entrance. Consideration shall be given to potential difficulties with
the handicapped accessibility to the building due to the future grading plans for the
property.
41. Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area shall
have curbs placed at a minimum of' two (2) feet from the face of walls, fences or
buildings adjoining driveways.
13 Case 5.1029 PD- /TTM33561 / 5.1065
42. Parking lot light fixtures shall align with stall striping and shall be located two to three
feet from curb face.
43. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to comply with
shading requirements.
44. Shading requirements for parking lot areas as set forth in Section 9306.00 of the Zoning
Ordinance shall be met. Details to be provided with final landscape plan.
45. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated
i "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall
provide wheel stops.
46. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end
parking spaces or end spaces shall be increased to eleven (11)feet wide.
47. Tree wells shall be provided within the parking lot and shall have a planting area of six
feet in diameter/width.
POLICE DEPARTMENT
48. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal
Code.
BUILDING DEPARTMENT
49, Prior to any construction on-site, all appropriate permits must be secured.
FIRE DEPARTMENT
50. Shall comply with all Fire Department codes and regulations
ENGINEERING DEPARTMENT
51. See Exhibit B
14 Case 5.1029 PD- /TTM33561 / 5.1065
Exhibit B
APPLICATION FOR APPROVAL OF A TENTATIVE TRACT MAP AND PLANNED
DEVELOPMENT TO CONSTRUCT A MIXED USE PROJECT CONSISTING OF 211
CONDOMINIUM UNITS WITH PARKING LOT, RECREATION CENTER, AND TENNIS
COURT, AND A RETAIL BUILDING LOCATED AT 3300 AND 3500 NORTH INDIAN CANYON
I DRIVE (APN 669-330-038), SECTION 35, TOWNSHIP 3 SOUTH, RANGE 4 EAST, S.B.M.,
CASE NO, 5.1029, PD 315 , ENG. FILE NO. TTM33561.
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
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Coordinate with Sunline Transit Agency regarding required public transit facilities on or
adjacent to the development. Any required public transit facilities, including bus stops,
turn-outs, bus shelters and furniture, or other miscellaneous public transit improvements
shall be furnished, constructed and installed in conjunction with construction of the
associated street improvements.
3. Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Division. The plan(s) shall be approved by the City Engineer prior to
issuance of building permits.
INDIAN CANYON DRIVE
4. Dedicate an additional 20 feet to provide the ultimate half street right-of-way width of 50
feet along the entire frontage (where required).
5. Dedicate an easement for bikepath and pedestrian purposes for those portions of the
meandering 12 feet wide combination sidewalk and bicycle path that leave the public
right-of-way.
6. Construct an 8 inch curb and gutter, 38 feet east of centerline along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 200.
7. Construct a minimum 24 feet wide driveway approach with a centerline located
approximately 260 feet north of the centerline of San Rafael Drive, in accordance with
City of Palm Springs Standard Drawing No. 201. Access shall be limited to right-turn
ingress and egress only.
8. Construct a 50 feet wide new street intersection for the Main Entry with a centerline of
the Main Entry located approximately 660 feet north of the centerline of San Rafael Drive
aligned with the centerline of Oasis Road. The Main Entry shall be constructed with 25
feet radius curb returns and spandrels, and an 8 feet wide cross-gutter, in accordance
with City of Palm Springs Standard Drawing No. 200 and 206.
9. Left turn egress from the Main Entry shall be prohibited from the Main Entry.
10. The Main Entry gated entry design, including widths of ingress and egress lanes, shall
be subject to the review and approval by the City Engineer and Fire Marshall. Minimum
lane widths shall be 20 feet, and a minimum of 50 feet queuing space shall be provided
I for vehicles entering the development. A turn-around shall be provided for vehicles
unable to enter the development. Emergency access shall be provided to the Fire
Department to the satisfaction of the Fire Marshall.
I11. Construct Type A curb ramps meeting current California State Accessibility standards on
i each side of the Main Entry in accordance with City of Palm Springs Standard Drawing
No. 212.
12. Construct a 12 feet wide combination sidewalk and bicycle path along the entire
frontage. The sidewalk and bicycle path shall be located adjacent to the curb and/or
meandering, as approved by the Director of Planning Services, and constructed with
colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert
Sand, or approved equal color by the Engineering Division.
13. Construct a 14-feet wide landscaped median island along the entire frontage. Provide a
100 feet long northbound left turn pocket at Las Vegas Road with a 90 feet long bay
taper; a 50 feet long northbound left turn pocket at Radio Road with a 90 feet long bay
taper; a 25 feet long northbound left turn pocket at Oasis Road/Main Entry with a 90 feet
long bay taper; a 25 feet long southbound left turn pocket at Oasis Road/Main Entry with
a 120 feet long bay taper; and a 100 feet long southbound left turn pocket at San Rafael
Drive with a 120 feet long bay taper. The left turn pockets shall be designed in
accordance with Section 405 of the current edition of the Caltrans Highway Design
Manual, as approved by the City Engineer. The median shall be constructed with a bi-
directional median opening at Oasis Road/Main Entry that prohibits eastbound and
westbound left turn and through movements.
14. Submit landscaping and irrigation system improvement plans for review and approval by
the City Engineer and Director of Planning Services. The irrigation system shall be
separately metered from the parkway landscaping irrigation, for future use by the City
upon acceptance of the landscaping by the City. The plans shall be approved in
conjunction with the street improvement plans for the median and prior to issuance of a
building permit.
15. Construct pavement with a minimum pavement section of 5 inches asphalt concrete
pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24
inches at 95% relative compaction, or equal, from edge of proposed gutter to clean
sawcut edge of pavement along the entire frontage in accordance with City of Palm
Springs Standard Drawing No. 110 and 340. If an alternative pavement section is
proposed, the proposed pavement section shall be designed by a California registered
Geotechnical Engineer using "R" values from the project site and submitted to the City
Engineer for approval.
16 Case 5.1029 PD- /TTM33561 / 5.1065
SAN RAFAEL DRIVE
16. Construct an 8 inch curb and gutter, 32 feet north of centerline along the entire frontage
in accordance with City of Palm Springs Standard Drawing No. 200.
17. Construct a 40 feet wide new street intersection for the secondary Main Entry with a
centerline of the secondary Main Entry located approximately 330 feet east of the
centerline of Indian Canyon Drive, The Main Entry shall be constructed with 25 feet
radius curb returns and spandrels, and an 8 feet wide cross-gutter, in accordance with
City of Palm Springs Standard Drawing No. 200 and 206.
I
18. The secondary gated entry design (located off of the shared entrance with the
commercial parcel), shall be subject to the review and approval by the City Engineer and
Fire Marshall. The secondary gated entry shall have a minimum width of 24 feet, and
the gated entry shall be located no further than 20 feet from the shared entrance with the
commercial parcel. Emergency access shall be provided to the Fire Department to the
satisfaction of the Fire Marshall,
19. Construct a Type A curb ramp meeting current California State Accessibility standards
on each side of the secondary Main Entry in accordance with City of Palm Springs
Standard Drawing No. 212.
20. Construct a 12 feet wide combination sidewalk and bicycle path along the entire
frontage. The sidewalk and bicycle path shall be located adjacent to the curb and/or
meandering, as approved by the Director of Planning Services, and constructed with
colored Portland Cement concrete. The admixture shall be Palm Springs Tan, Desert
Sand, or approved equal color by the Engineering Division.
21. Construct pavement with a minimum pavement section 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 clean
sawcut edge of pavement along the entire 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.
22. Remove the existing westbound left-turn pocket at Indian Canyon Drive and install a
continuous two-way left-turn lane between Indian Canyon Drive and the Main Entry, with
an appropriate transition to centerline east of the Main Entry. The westbound right-turn
lane shall be protected or replaced in conjunction with the required traffic striping.
ON-SITE
23, The area adjacent to condominium units 21-30, 42-52, 93-99, and 101-108 shall be
revised to provide 20 feet wide one-way travel ways for access to adjacent condominium
units. The 20 feet wide travel way(for fire access) may make use of the adjacent wedge
curb and sidewalk. Restrictions on installation of above ground utilities, mail boxes, or
other permanent structures shall be made, to ensure and maintain the 20 feet wide fire
17 Case 5.1029 PD- /TTM33561 / 5.1065
access lane. Parking spaces shall be realigned as parallel spaces, with a short,
decorative raised barrier defining the dividing line between the two adjacent row of
parking spaces. The revised site plan shall be subject to the review and approval by the
City Engineer and Fire Marshall.
j24. The fire access lane between the recreation building and condominium unit 52 shall be a
minimum of 20 feet wide, and shall be relocated and/or realigned as necessary to
comply with the revised site plan. The fire access lane shall be constructed of a suitable
surface (turf block or other approved material) acceptable to the Fire Marshall, and shall
be appropriately signed and marked identifying it as restricted access for emergency
purposes only.
I
25. The proposed parking space between condominium units 30 and 31 shall be reserved
I` as a maneuvering space for the benefit of condominium units 31 and 32, to allow
vehicles leaving the garages of condominium units 31 and 32 to maneuver and exit the
development. The space shall be shortened, widened and/or relocated as necessary to
provide appropriate maneuvering area, to the satisfaction of the City Engineer.
26. The access to condominium units 92-93 and 108-109 shall be revised to eliminate
conflicting traffic movements and improve access to each unit, to the satisfaction of the
City Engineer.
27. Access to carports and driveways to garages shall be oriented as close to perpendicular
to the adjacent on-site street as possible, as required by the City Engineer.
28. The driveway to condominium units 65-66 (adjacent to the Indian Canyon Drive Main
Entry) shall be realigned to provide a more perpendicular alignment to the adjacent
street.
29, The access to the carports to condominium units 27-28 shall be revised to increase the
offset distance to the intersecting on-site streets, or the alignment of the intersecting on-
site streets shall be revised to provide better access to the carports.
30. The access connection between the residential and commercial development between
condominium unit 1 and the retail building shall be a minimum 20 feet wide emergency
access lane. The access shall be gated and restricted for emergency access purposes
only. Emergency access shall be provided to the Fire Department to the satisfaction of
the Fire Marshall.
31. All two-way on-site streets shall be a minimum of 24 feet wide (as measured from curb
face or edge of travel way).
32. All on-site streets shall be constructed with concrete wedge or roll curbs, or standard
curb and gutter, and cross-gutters as necessary to accept and convey on-site
stormwater runoff to the on-site storm drain system, in accordance with applicable City
Standards.
33. All on-site streets shall be constructed with a minimum pavement section of 2'/ inches
asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement
18 Case 5.1029 PD- /TTM33561 / 5.1065
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.
34. Parking shall be restricted along both sides of the 24 feet wide on-site streets, as
necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26
"No Parking" signs or red curb shall be installed along the private streets as necessary to
enforce parking restrictions, The Home Owners Association (HOA) shall be responsible
for regulating and maintaining required no parking restrictions, which shall be included in
Covenants, Conditions, and Restrictions (CC&R's) required for the development.
SANITARY SEWER
35. All sanitary facilities shall be connected to the public sewer system. New laterals shall
not be connected at manholes.
36. All on-site sewer systems shall be privately maintained by a Home Owners Association
(HOA). Provisions for maintenance of the on-site sewer system acceptable to the City
Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's)
required for this development.
37. An on-site private sewer system shall be constructed to collect sewage from the
development and connect to the existing public sewer system. Sewer plans shall be
submitted to the Engineering Division for review and approval. Private on-site sewer
mains shall conform to City sewer design standards, including construction of 8 inch
V.C.P. sewer main and standard sewer manholes. A profile view of the on-site private
sewer mains is not necessary provided sufficient invert information is provided in the
plan view, including elevations with conflicting utility lines. Connection of the on-site
private sewer system to the public sewer main shall be made as a standard lateral
connection into the existing public sewer mains located in Indian Canyon Drive and/or
San Rafael Drive in accordance with City of Palm Springs Standard Drawing No. 405.
Plans for sewers other than the private on-site sewer mains, i.e. building sewers and
laterals from the buildings to the on-site private sewer mains, are subject to separate
review and approval by the Building Division.
GRADING
38. Submit a Grading Plan prepared by a California registered Civil Engineer or qualified
Architect to the Engineering Division for review and approval. The Grading Plan shall be
approved by the City Engineer prior to issuance of grading permit.
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
19 Case 5.1029 PD- /TTM33561 / 5.1065
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applicant and/or its grading contractor shall provide the Engineering Division with current
j and valid Certificate(s) of Completion from AQMD for staff that have 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 Elio Torrealba at AQMD at (909) 396-3752, or at
etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the
Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved
by the Engineering Division prior to approval of the Grading plan.
The first submittal of the Grading Plan shall include the following information: a copy of
final approved conformed copy of Conditions of Approval; a copy of a final approved
conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report;
and a copy of the associated Hydrology Study/Report,
39. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance
water from entering the public streets, roadways, or gutters.
40. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued
from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is
required for the proposed development. A copy of the executed permit shall be provided
to the City Engineer prior to approval of a Grading Plan.
41. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the
developer 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.
42. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the proposed
development. A copy of the soils report shall be submitted to the Building Department
and to the Engineering Division prior to approval of the Grading Plan.
43. 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).
DRAINAGE
44. 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 Report for TTM33561, prepared
by MSA Consulting, Inc., revised July 8, 2005 (or as may be amended). Final retention
I20 Case 5.1029 PD- /TTM33561 / 5.1065
basin sizing, storm drain pipe sizing, and catch basin sizing and other specifications for
construction of required on-site storm drainage improvements shall be finalized in the
I Hydrology Report.
45. Provisions for the interception of nuisance water from entering adjacent public streets
from the project site shall be provided through the use of a minor storm drain system that
collects and conveys nuisance water to landscape or parkway areas, and in only a
stormwater runoff condition, pass runoff directly to the streets through parkway or under
sidewalk drains. Other methods of intercepting nuisance water may be allowed, as
approved by the City Engineer.
46. Submit storm drain improvement plans for all on-site storm drainage system facilities for
review and approval by the City Engineer.
47. The applicant shall construct on-site private storm drain improvements, including but not
limited to catch basins, storm drain lines, and underground retention structures, for
drainage of the development, as described in a final Hydrology Report for Tentative
Tract Map 33561, as approved by the City Engineer.
48. All on-site storm drain systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site storm drain system
acceptable to the City Engineer shall be included in Covenants, Conditions and
Restrictions (CC&R's) required for this development.
49. The project is subject to flood control and drainage implementation fees. The acreage
drainage fee at the present time is $6,511 per acre per Resolution No. 15189, Fees shall
be paid prior to issuance of a building permit.
GENERAL
50. 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.
51, All proposed utility lines shall be installed underground.
52. All existing utilities shall be shown on the grading/street plans. The existing and
proposed service laterals shall be shown from the main line to the property line.
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i21 Case 5.1029 PD- /TTM33561 /5.1065
53. 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 (Auto CAD drawing
file) and DXF (AutoCAD ASCII drawing exchange file). 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.
54. The original improvement plans prepared for the proposed development and approved
by the City Engineer shall be documented with record drawing "as-built' information and
returned to the Engineering Division prior to issuance of a certificate of occupancy. Any
modifications or changes to approved improvement plans shall be submitted to the City
Engineer for approval prior to construction.
55. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all
existing overhead 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, adjacent to, and/or transecting the property,
shall be installed underground unless specific restrictions are shown in General Orders
95 and 128 of the California Public Utilities Commission, and service requirements
published by the utilities. The existing overhead utilities within the Southern California
Edison easement located parallel to and 250 feet from the westerly property line, and the
existing overhead utilities adjacent to San Rafael Drive along the southerly property line
shall be installed underground. A detailed plan approved by the owner(s) of the affected
utilities depicting all above ground facilities in the area of the project to be
undergrounded, shall be submitted to the Engineering Division prior to approval of any
grading plan. Utility undergrounding shall be completed prior to issuance of a certificate
of occupancy.
56. Nothing shall be constructed or planted in the corner cut-off area of any driveway which
does or will exceed the height required to maintain an appropriate sight distance per City
of Palm Springs Zoning Code Section 93.02.00, D.
57. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk
and/or curb shall have City approved deep root barriers installed per City of Palm
Springs Standard Drawing No. 904.
MAP
58. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil
Engineer and submitted to the Engineering Division for review and approval. A Title
Report prepared for subdivision guarantee for the subject property, the traverse closures
for the existing parcel and all lots created therefrom, and copies of record documents
shall be submitted with the Final Map to the Engineering Division as part of the review of
the Map. The Final Map shall be approved by the City Council prior to issuance of
building permits.
59. Relocation or abandonment of record easements across the property shall be performed
in conjunction with or prior to approval of a final map. The easements, identified as an
easement to Southern California Edison recorded as Instrument No. 160821 on
December 5, 1972; and an easement to Southern California Edison recorded as
Instrument No. 53651 on June 8, 1962, shall be extinguished, quit-claimed, relocated or
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22 Case 5.1029 PD- /TTM33561 / 5.1065
I
abandoned to facilitate development of the subject property. Without evidence of such,
proposed structures located within these existing record easements may not be
constructed until such time as the easements are removed of record. Building permits
for structures within these easements shall be withheld until the easements are
abandoned, if a final map is approved prior to their abandonment.
60. Upon approval of a Final Map, the Final Map shall be provided to the City in G.I.S. digital
format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside
County Transportation and Land Management Agency." G.I.S. digital information shall
consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet);
monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines
shown as continuous lines; full map annotation consistent with annotation shown on the
map; map number; and map file name. G.I.S. data format shall be provided on a
CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile,
Arclnfo Coverage or Exchange file (e00), DWG (Auto CAD drawing file), DGN
(Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). 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
61. The following mitigation measures, as determined by the traffic impact study titled
"Palermo Planned Development District and Tentative Tract No. 33561 Traffic Impact
Study," prepared by Endo Engineering dated April, 7, 2005," apply to this development:
A. Pay a fair share contribution determined as 11.14% of the cost of geometric
modifications and street improvements (asphalt pavement widening, traffic striping and
related improvements) as necessary to widen the west leg of the San Rafael Drive and
Indian Canyon Drive intersection, in a manner that improves intersection capacity
acceptable to the City Engineer. The applicant shall provide an Engineer's estimate of
the improvements to the City Engineer for review and approval, and shall pay the fair
share contribution of 11.14% of the approved Engineer's estimate prior to approval of a
final map.
B. Pay a fair share contribution of$5,715 determined as 3.81% of the construction of a new
traffic signal (estimated at $150,000) at the intersection of Indian Canyon Drive and
Tramview Road. The developer shall pay the fair share contribution prior to approval of a
final map.
C. Pay a fair share contribution of$5,085 determined as 3.39% of the construction of a new
traffic signal (estimated at $150,000) at the intersection of Indian Canyon Drive and
Sunrise Parkway. The developer shall pay the fair share contribution prior to approval of
a final map.
D. In lieu of payment of a fair share contribution to a traffic signal at the intersection of San
Rafael Drive and Avenida Caballeros, which may or may not be warranted by 2025,
install traffic striping and signage to provide a separate northbound shared left
turn/through lane, and separate right turn lane.
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23 Case 5.1029 PD- /TTM33561 / 5.1065
62. Submit traffic striping and signage plans for Indian Canyon Drive and San Rafael
Drive, 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 issuance of a certificate of
occupancy.
63. If identified by a name, install a street name sign at the intersection of Indian
Canyon Drive and the Main Entry, and at San Rafael Drive and the secondary
Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620
through 625. Street name signs may be customized, subject to the review and
approval by the City Engineer.
64. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at each access point onto Indian Canyon Drive and San Rafael
Drive, in accordance with City of Palm Springs Standard Drawing Nos. 620-625.
65. Install stop controls at on-site street intersections, as may be required by the City
Engineer. Stop signs within the development may be customized, provided the
sign maintains the minimum MUTCD standards for stop signs, subject to review
and approval by the City Engineer.
66. Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent
additions in force at the time of construction.
67, This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
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RESOLUTION NO.
OF THE PLANNING COMMISSION OF THE CITY OF
PALM SPRINGS, CALIFORNIA, THAT THE PLANNING
COMMISSION RECOMMEND THAT THE CITY COUNCIL
ORDER THE FILING OF THE MITIGATED NEGATIVE
DECLARATION; AND APPROVE CASE 5.1029 PD 315 /
TTM33561 / 5.1065 — AN APPLICATION BY PS
VENTURE INDIAN CANYON SAN RAFAEL, LLC FOR A
GENERAL PLAN AMENDMENT TO CHANGE THE
DESIGNATION FROM GENERAL COMMERCIAL (GC)
TO RESORT COMMERCIAL (RC), A TENTATIVE TRACT
MAP TO SUBDIVIDE APPROXIMATELY 20 ACRES, AND
A PLANNED DEVELOPMENT DISTRICT TO
CONSTRUCT 211 RESIDENTIAL CONDOMINIUMS AND
APPROXIMATELY 10,000 SQUARE FEET OF
COMMERCIAL, LOCATED AT THE NORTHEAST
CORNER OF INDIAN CANYON DRIVE AND SAN
RAFAEL, ZONE C-M, SECTION 35, APN 669330038
WHEREAS, PS Venture Indian Canyon San Rafael, LLC ("Applicant') has filed an
application with the City pursuant to the General Plan Amendment process, Section
94.03.00 of the Zoning Ordinance and 9,62 of the Municipal Code, for a General Plan
Amendment, Planned Development District, and a Tentative Tract Map to change the
General Plan — Land Use Designation, allow 211 residential units and 10,000 square
feet of commercial, and create a residential and commercial map of approximately 20
acres ("Project), located at the northeast corner of Indian Canyon Drive and San Rafael,
Zone C-M, Section 35, APN 669330038; and
WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm
Springs to consider the application for Case 5.1065, 5.1029, and TTM33561 was given
in accordance with applicable law; and
WHEREAS, Case 5.1029 and TTM33561 approval is subject to the approval of Case
5.1065 by the City Council; and
WHEREAS, on August 24, 2005, a public hearing on the project was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project including, but not
limited to, the staff report, and all written and oral testimony presented.
THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the Planning Commission finds that the Initial Study
and Mitigated Negative Declaration adequately address the general
setting of the project, its potentially significant impacts, and the mitigation
measures related to each significant effect for the proposed project.
i
The Planning Commission further finds that with the adoption of the
proposed Mitigated Negative Declaration (MND), potentially significant
environmental impacts resulting from this project will be reduced to a level
of insignificance.
The Planning Commission further finds that the modifications to the
proposed General Plan Amendment will have the same or less impact
than the project analyzed in the MND and that no new impacts were
identified nor were new mitigation measures identified.
Section 2: The General Plan Amendment to the General Plan Map designation will
replace the GC (General Commercial) land use designation with the RC
(Resort Commercial) land use designation. This will not allow the
residential specific for the project site only.
The subject area is located at the northeast corner of Indian Canyon
Drive and San Rafael Blvd.
The General Plan Amendment as follows would allow the residential and
commercial land uses as proposed in PDD-315 specific for the project
site only.
The text of the General Commercial designation of the General Plan is
amended to add Policy 3.28.2a, which reads as follows:
The approximately 20 acre site located at the northeast corner of Indian
Canyon Avenue and San Rafael Boulevard shall be allowed to develop
with residential uses at the M-15 density (12 du/net ac threshold and 15
du/net ac maximum) per the development standards of the R-2 zone or
per those development standards approved through a Planned
Development District,
Section 3: Pursuant to Government Code Section 66474 (Subdivision Map Act), the
Planning Commission finds that with the incorporation of those conditions
attached in Exhibit A and Exhibit B:
1. The proposed Tentative Map is consistent with applicable general and
specific plans.
The proposed project is consistent with the General Plan as proposed for
amendment in Section 3. The General Plan designation for the site is CG
General Commercial. The General Plan, as proposed for amendment,
allows residential and commercial development at the proposed specific
site only. The applicant is proposing 211 dwelling units and 10,000
square feet of commercial; therefore the proposed project is consistent
with the General Plan.
2. The design of improvement of the proposed subdivision is consistent with
the General Plan and any applicable Specific Plan.
Pursuant to Government Code Section 66473.5 the Planning Commission
finds that the proposed subdivision and the provisions for its design and
improvement are compatible with the objectives, polices, and general
land uses and program provided in the City's General Plan. All street,
drainage, and utilities improvements will be constructed to the standards
of the General Plan and Conditions of Approval associated with TTM
33577.
3. The site is physically suitable for the type and density of development
contemplated by the proposed subdivision.
The project proposes the creation of a residential and commercial map of
approximately 20 acres. The proposed development is a mix of
residential and commercial development, as permitted under the General
Plan. The subject property is surrounded by vacant land, single-family
residences, multiple-family residences, and light industrial.
4. The design of the proposed subdivision or the proposed improvements
are not likely to cause substantial environmental damage or substantially
and unavoidably injure fish or wildlife or their habitat.
The design of the proposed subdivision is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat. A Mitigated Negative Declaration has been
prepared and with the incorporated mitigation measures, any
environmental impact can be reduced to less than significant.
5. The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
The design of the subdivision and proposed improvements must comply
with the conditions of approval including, but not limited to, the application
of the Uniform Building Code Seismic Safety Standards, and the City of
Palm Springs Fugitive Dust Control Ordinance in order to ensure public
health and safety.
6. The design of the subdivision or the type of improvements will not conflict
with easements, acquired by the public at large, for access through or use
of, property within the proposed subdivision.
The applicant will be required to construct on and off-site improvements.
Therefore the design and the type of improvements proposed will not
conflict with easements acquired by the public at large.
Section 4: The Planning Commission finds that the Planned Development District
may be established through procedures of the conditional use permit as
set forth in Section 94.02.00(B).
1. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code;
i
The Planned Development Districts is a residential and commercial
development, where the density does not exceed the General Plan
requirements and the site is compatible with the existing or potential
development of the surrounding neighborhoods.
2. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located,
The Planned Development District will add to the housing stock available.
Thereby the Planned Development District is desirable for the community
and is in harmony with various elements of the General Plan, and is not
detrimental to existing uses or to future uses specifically permitted in the
zone in which the proposed use is to be located
3. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood,
The Planned Development District site is approximately 20 acres and will
consist of 211 residential units and 10,000 square feet of commercial.
The Planned Development District site is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood
4. That the site for the proposed use relates to streets and highways
properly designed and improved to carry the type and quantity of traffic to
be generated by the proposed use;
The Planned Development District fronts Indian Canyon Drive and San
Rafael. Indian Canyon Drive is a major thoroughfare that is fully
developed and San Rafael is a secondary thoroughfare that is fully
developed. Both Indian Canyon Drive and San Rafael have the capacity
to carry the type and quantity of traffic to be generated by the proposed
use.
5. That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards. Such conditions may include:
Section 5: The proposed project has residential and commercial within the C-M
Zone. The C-M Zone prohibits the residential use and allows the
commercial use, but the Planned Development District will define the land
uses and the development standards for the residential and commercial
I
I
uses. The following table outlines the development standards for the
single-family residences:
I _
Lot Area 866,844 square feet'
Lot Width 1320 feet`
Lot Depth 700 feet`
Density 211 dwelling units
10,000 square feet of commercial
Front Yard 25 feet
Side Yard 10 — 20 feet
Rear Yard 10 — 50 feet
Building Height 22—24 feet _
Parking Spaces 390
Section 6: The Planning Commission finds that the Planned Development District
shall be approved in lieu of a change of zone as specified in Section
94.07,00. The Zone change is valid for residential and commercial uses,
the Planning Commission recommends that the City Council approve a
Planned Development District in lieu of a change of zone, subject to the
filing of an application pursuant to Section 94.03.00, subject to the
Conditions of Approval in Exhibit A and Exhibit B. A Planned
Development District in lieu of a zone change, shall be approved and
adopted by ordinance of the City Council.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing the Planning
Commission hereby:
1. Recommend that the City Council ADOPT the Mitigated Negative Declaration and
related Mitigation Monitoring and Reporting Program.
2. Recommend that the City Council approve Case 5.1065 — APPROVING General
Plan Amendment to add Policy 3.28.2a to the General Commercial land use
designation of the General Plan to read as follows:
"The approximately 20 acre site located at the northeast corner of Indian
Canyon Avenue and San Rafael Boulevard shall be allowed to develop
with residential uses at the M-15 density (12 du/net ac threshold and 15
du/net ac maximum) per the development standards of the R-2 zone or
per those development standards approved through a Planned
Development District."
3. Recommend that the City Council approve Case 5.1029 — Planned Development
District:
a. In lieu of change of zone to allow residential use in the underlying C-M
(Commercial Manufacturing) Zone; and
b. The construction of 211 residential condominiums; and
c. The construction of approximately 10,000 square feet of commercial space.
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4. Recommend that the City Council approve Tentative Tract Map 33561 to
subdivide approximately 20 acres to create a condominium lot and a commercial
lot located at the northeast corner of Indian Canyon Drive and San Rafael, Zone
C-M, Section 35, APN 669330038 subject to the Conditions of Approval in
I Exhibit A and Exhibit B
I
ADOPTED this 24th day of August 2005.
� AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Planning Commission Chairperson Planning
,?ALMSA
City of Palm Springs
u �
1
Office of the City Clerk
° ��`Oapopp7ro`93 P* 3200 E.Tahquitz Canyon Way • Palm Sprinas, California 92262
RS
,q ! Tel:(760) 323-8201 • Pax: (760)3_y 833_ Web: www.o.palm-springs.ca.us
f/FO
AFFIDAVIT
OF
MAILING NOTICES
I, the undersigned City Clerk of the City of Palm Springs, California, do hereby
certify that a copy of the Notice of Public Hearing, to consider the Case 5.1065 /
t TTM33561 / 5.1029 — an application by P.S. Venture Indian Canyon San Rafael,
LLC for a General Plan Amendment to change the designation from General
Commercial (GC) as proposed for an amendment, allows residential and
commercial development at the proposed specific site only, a Tentative Tract
Map to subdivide approximately 20 acres, and a Planned Development District to
construct 211 residential condominiums and approximately 10,000 square feet of
commercial at the northeast corner of North Indian Canyon Drive and San
Rafael, Zone C-M, Section 35, APN 669330038, on September 7, 2005. A copy
of said notice was mailed to each and every person set forth on the attached list
on the 24th day of August, 2005, in a sealed envelope, with postage prepaid, and
depositing same in the U.S. Mail at Palm Springs, California. (69 notices mailed)
I declare under penalty of perjury that the foregoing is true and correct.
Dated at Palm Springs, California, this 25th day of August, 2005.
AMESTHOMPSON
C City Clerk
/kdh
KWSERS\C-CLMHearing NoticesWffidavit-PS Venture Indian Canyon San Rafael.doc
Post Office Box 2743 0 Palm Springs, California 92263-2743
CITY COUNCIL
CITY OF PALM SPRINGS
NOTICE OF PUBLIC HEARING
CASE NO. 5.1065 /TTM33561 / 5.1029
GENERAL PLAN AMENDMENT/TENTATIVE TRACT MAP / PLANNED DEVELOPMENT
DISTRICT
P.S. VENTURE INDIAN CANYON SAN RAFAEL
LOCATED AT THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND SAN RAFAEL
NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold
a public hearing at its meeting of September 7, 2005. 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 the hearing is to consider Case 5.1065 / TTM33561 / 5.1029 — an application by
P.S. Venture Indian Canyon San Rafael, LLC for a General Plan Amendment to change the
designation from General Commercial (GC) as proposed for an amendment, allows residential
and commercial development at the proposed specific site only, a Tentative Tract Map to
subdivide approximately 20 acres, and a Planned Development District to construct 211
residential condominiums and approximately 10,000 square feet of commercial at the northeast
corner of North Indian Canyon Drive and San Rafael, Zone C-M, Section 35, APN 669330038.
Pursuant to California Environmental Quality Act (CEQA), the City has prepared an Initial Study
and a Mitigated Negative Declaration. The City Council will consider adopting the Mitigated
Negative Declaration.
Response to this notice may be made verbally at the public hearing and/or in writing before the
hearing. Written comments may be made to the City Council by letter (mail or hand delivery) to:
Mr. James Thompson, City Clerk
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
If any individual or group challenges the action in court, issues raised may be limited to only those
issues raised at the public hearing described in this notice or in written correspondence at or prior
to the meeting. Notice of Public Hearing is being sent to all property owners within four hundred
j (400) feet of the subject property. An opportunity will be given at said hearing for all interested
j persons to be heard. Questions regarding this case may be directed to Norm Canchola,
Department of Planning Services, 760-323-8245.
I
Si necesita ayuda con esta carte, porfavor Ilame a la Ciudad de Palm Springs y puede hablar con
j Nadine Fieger (760) 323-8364.
i
1
Ames Thompson
� ity Clerk
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Department of Planning Services 'W-Q—E Vicinity Map S
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CITY OF PALM SPRINGS
CASE NO.: 5.1065/TTM 33561 /5.1029 DESCRIPTION: Application by P.S. Venture Indian
General Plan Amendment/Tentative Tract Canyon San Rafael, LLC for a General Plan
Map / Planned Development District Amendment to change the designation from General
Commercial (GC) to Resort Commercial (RC), a
Tentative Tract Map to subdivide approximately 20
APPLICANT: P.S. Venture Indian Canyon acres, and a Planned Development District to construct
San Rafael, LLC 211 residential condominiums and approximately
10,000 square feet of commercial at the northeast
corner of North Indian Canyon Drive and San Rafael
Road, Zone C-M, Section 35, APN 669330038.
;I's 1-D
`I' CIFF ?1Lfi 5o'R1 I'-
2000 ClUG 3 E At 18 25
PROOF OF PUBLICATION This Is space for Coanty(Clcjrki Fit I g stamp
(2015.5.C.C.P)
No. 3336
CITY COUNCIL
CITY OF PALM SPRINGS
STATE OF CALIFORNIA NOTICE OF PUBLIC HEARING
County of Riverside CASE NO.5,1065/TTM33561 /5.1029
GENERAL PLAN AMENDMENT/
TENTATIVE TRACT MAP/
PLANNED DEVELOPMENT DISTRICT
P.S.VENTURE INDIAN CANYON SAN RAFAEL
LOCATED AT THE NORTHEAST CORNER OF
INDIAN CANYON DRIVE AND SAN RAFAEL
NOTICE IS HEREBY GIVEN that the City Council
I am a citizen of the United States and a resident of of the City of Palm Springs, California, will hold a
Mile hearin at its meeting of September 7,
the County aforesaid; I am over the age of eighteen z�005. The Cify Council meeting begins at 6:00
Past
In the Council Chamber at City Hall, 3200
years,and not a party to or interested in the -East Tahquitz Canyon Way, Palm Springs.
above-entitled matter.I am the principal clerk 6f a The ur ose of the.hearing Is to consider Case
printer of the,DESERT SUN PUBLISHING 5.10 5 PTTM33561 / 5.1029 - an application by
1 P.S.Venture Indian Canyon San Rafael, LLC,for a
COMPANY a newspaper of general circulation, General Plan Amendment to change the deslgha-
ban from General Commercial (GC) as proposed
printed and published in the city of Palm Springs, for an amendment, allows residential and com-
merclal development at the proposed s eclflc site
County of Riverside,and which newspaper has been onlyy,a Tentative Tract Map to subdivide approxl-
ad'ud ed a newspaper of general circulation b the me ely 20 acres,and a Planned Development Dis-
trict to construct 211 residential condominiums
Superior Court of the County of Riverside,State of and approximately 10,000 square feet of commer-
cial at the northeast corner of North Indian Can-
California under the date of March 24,1988.Case you Drive and San Rafael, zone C-M,Section 35,
APN 669330036
Number 191236;that the notice,of which the
annexed is a printed copy(set in type not smaller {•
than non pariel,has been published in each regular « •�,�""�'"'""�}�•J
and entire issue of said newspaper and not in any
supplement thereof on the following dates,to wit:
LI
August 27u',2005
---- --------------------- ---------------------------
—
-
,?-
I
co-r
All in the year 2005
I certify(or declare)under penalty of perjury that the —
foregoing is true and correct. •Y^= ••-^••� •�°• ."..-•-'—
Dated at Palm Springs,California this-----27a' ----day
_._ Pursuant to California Creme mental Quality Act
(CEQA),the City has prepared an Initial Studyy and
of--------�-A� t---------------------------- 2005 a Mitigated Negative Declaration.The Clty Ceun-
ugp I i cif will consider adapting the Mitigated Negative
1 / Declaration.
Response to this nonce may be made verbally at
,__________________________ the public hearing and/or In before the
f hearing. Written comments mayy be he made to the
Signature City Co llast ohty delivery)to.M James Thompson, l
\_-.�,_ ✓� City T Palm S ann o
3200 East Trings,z Canyyon Way
Palm Springs, CA 92262
If any individual or group,challenges the action in
court, Issues raised may be limited to only those
Issues raised at the public hearing described in
this notice of In written correspondence at or pa-
1 or d the meeting. Notice of Public Hearing is
' ` tro sent to all property owners within four hun-
dyed sent
t fast ll p the subject property. four
oppor-
tunityrso be given at said hearing for all interest-
ed persons to be heard. Norm Questions regarding this
case may be tanning
Services,
to Norm C23-82 a, Depart-
ment of Planning Services, 760-323-8245.
Si necesita ayuda con acts carts,porfavor flame a
Is Ciudad de Palm Spans y puede hablar con
Nadine Fleger(760) 323-6364.
James Thompson
'Published:August 27, 2005 City Clerk
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501 031 002 501 031 003 501 031 004
Geri David Bendtsen Helen Rose Hufnagel Peter Janich
295 E San Rafael Dr Van Hibbard Jillson 355 E San Rafael Dr
Palm Springs, CA 92262 4749 W 169th St Palm Springs, CA 92262
Lawndale,CA 90260
501 031 005 501 031 006 501 031 007 U `�
Robert Johnson George Pelletier Roderick Bemardm
1425 Sunflower Cir S 42 S California Ave PO Box 569
Palm Springs, CA 92262 Beaumont,CA 92223 Palm Springs, CA 92263
501 031 008 501 031 014 501 031 015
Siamak&. Sussan Davoodi Anthony Wright Mary Webster
499 E San Rafael Dr 14 E 17th St#8 4112 Jasmine Ave
Palm Springs, CA 92262 New York,NY 10003 Culver City, CA 90232
501 031 016 501 031 018 501 031 019
Jaime Laurella Gerardo Sapiago Michael&Guadalupe Arangure
1501 Nolden St 372 E Molino Rd 400 E Molino Rd
Los Angeles, CA 90042 Palm Springs, CA 92262 Palm Springs, CA 92262
! 501 031 020 501031021 501031022
!
Michael Payne Rosemary Bennett Timothy&Pamela Ganci
466 E Molino Rd 74 Buena Vista 502 E Molino Rd
Palm Springs, CA 92262 Benicia,CA 94510 Palm Springs, CA 92262
501 031 028 501 032 001 501 032 002
! Springs Corru n ty Redev Palm Elise Caves Tadeusz Moskal
3200 E Tah luitz nyon Way 333 E Molino Rd 375 E Molino Rd
Pahn Springs, CA 9 62 Palm Springs,CA 92262 Palm Springs, CA 92262 LO
501 032 003 501 032 005 504 121 002 "00-00
Gary Morris Allan Andrew Johnson Frank M Homes hrc
435 E Molino Rd 493 E Molino Rd 26862 Bridlewood Dy
Pahn Springs, CA 92262 Palm Springs, CA 92262 Laguna Hills, CA 92653
504121003 504121005 504 121 006
Vincent Piscopo Khalil Ailabouni il Ailabouni
33210 Cathedral Canyon Dr 2105 N Roberto Dr 2105 erto Dr
1 Cathedral City, CA 92234 Palm Springs, CA 92262 Palm Springs, .92262
504 121 007 504 121 010 669 330 031
Dennis Zuvich am
Ailabouni Palm Springs Village-309 Llc
154 Catalina Rd 2105 N 1 to Dr �` 7979 Ivanhoe Ave#550
Palm Springs, CA 92262 Palm Springs, C 3262 La Jolla, CA 92037
� QOPU oat"c
9 330 035 669 330 036 669 404 007
Palm s Village-309 Llc hn Springs Village-309 Llc John&Elena Jacob
7979 Ivanhoe e#550 797 rilioe Ave#550 PO Box 12056
La Jolla, CA 9203 La Jolla, ,�037 Zephyr Cove,NV 89448
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Del Dios Vivo Colu n a Iglesia os Vi o Column Iglesia Corrine Marie Gomez
I 3989 N Indian Canyon Dr 3989 n Canyon Dr Petrina Ann Horvath
Palm Springs, CA 92262 Palm S•rings, 2262 12216 Thomas Ln
pjp l C a]r� Yucaipa,CA 92399
669 404 011 669 404 012 669 404 013
j John&Elena Jacob Inocencio Garcia Jr. &Lolita Garcia Willie&Willie Holland Sr.
i L PO Box 12056 2605 N Cypress Rd Titus&Corey Holland
Zephyr Cove,NV 89448 Palm Springs, CA 92262 83792 Hopi Ave
Indio, CA 92203
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669 404 014 669 404 015 669 404 016 /
City Of l� Springs Corrine Marie Gomez 712216/Th4o
e Mae Gomez
PO Box 27 Petrina Ami Horvath an Horvath
i Palm in s, CA 92263 12216 Thomas Ln nYucaipa,CA 92399 Yucapa, CA 923
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669 404 022 669 414 010 669 414 011
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PO Bo 556 3200 E Tahquitz Canyon Way 509 Dahlia Ave
ZephCove, 89448 Palm Springs, CA 92262 Corona Del Mar, CA 92625
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669 414 012 669 414 013 669 414 023
Siham Shtavveh K-king Corp Jo Elena cob
PO Box 9108 PO Box 9108 PO Box 6
Palm Springs, CA 92263 Palm Springs, CA 92263 Zephvi Cove, 89448
nano�btti
669 441 010 669 441 012 669 444 004
Frank Burgess &Lorna Burgess Sprint Communications Co A Kendell Colic
PO Box 54 PO Box 12910 1508 Roscomare Rd
Banning, CA 92220 Shawnee Mission,KS 66282 Los Angeles, CA 90077
669 444 005 669 444 006 669 444 007
Carl Dick Ting Rental Co James &Bigley
180 W Oasis Rd 2772 N Farrell Dr 322 E Desert Willow Cir
Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Springs, CA 92262
669 444 008 669 444 014 669 452 016
Christopher&Deborah Neil James Casteel Linda Dalessio
142 W Oasis Rd 180 E Oasis St 3303 E San Martin Cir
Palm Springs, CA 92262 Blythe,CA 92225 Palm Springs, CA 92264
669 452 017/ 669 452 022 669 452 036
ida Da ssio Robert&Alice Slettedahl Paul Bescos
330 an Martin Cir 1( 3055 112th Ave NE#210 194 W San Rafael Pl
Pa1i Sp igs, CA 92264 C Bellevue,WA 98004 Palm Springs, CA 92262
t�VPJGYy(N
669 452 037 669 452 038 669 452 041
Paul Bescos Greg&Carrie Murphy Samuel Hinkle
194 W San Rafael PI 166 W San Rafael PI PO Box 4005
Palm Springs, CA 92262 Palm Springs, CA 92262 Blue Jay, CA 92317
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Mario Berardi&Abdon Rendon Donald Hetrick&Charles Hetrick Rebcrt&Alice Slettedahl
PO Box 2487 145 W Oasis Rd I 3055 Ave NE#210
Palm Springs,CA 92263 Palm Springs,CA 92262 Bellevue,W 8004
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2105 oob�berto Dr 2105 Dr
Palm Springs`CA 92262 Palm SA 92262
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NEIGHBORHOOD COALITION REPS 1
August 2005 MS APRIL HILDNER MR TIM HOHMEIER U
CASE5.10(i5- (TAHQUITZ RIVERS ESTATES) (DEEPWELL ESTATES)
C:C:HEARING 9-7-05 241 EAST MESQUITE AVENUE 1387 CALLE DE MARIA
PALM SPRINGS CA 92264 PALM SPRINGS CA 92264
MS ROXANN PLOSS MR STEVEN PERRIN MS SHERYL HAMLIN
(BEL DESIERTO NEIGHBORHOOD) (DEEPWELL RANCH) (HISTORIC TENNIS CLUB AREA)
930 CHIA ROAD 1334 INVIERNO RIDRIVE 565 WEST SANTA ROSA DRIVE
PALM SPRINGS CA 92262 PALM SPRINGS CA 92264 PALM SPRINGS CA 92262
MR JOHN HANSEN MR BILL SCOTT MS DIANE AHLSTROM
(WARM SANDS NEIGHBORHOOD) (LAS PALMAS NEIGHBORHOOD) (MOVIE COLONY NEIGHBORHOOD)
PO BOX 252 540 VIA LOLA 475 VALMONTE SUR
PALM SPRINGS CA 92263 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
MR KENT CHAMBERLIN MR BOB MAHLOWITZ MS PAULA AUBURN
(TENNIS CLUB AREA) (SUNMOR NEIGHBORHOOD GROUP) (SUNRISE/VISTA CHINO AREA)
373 MONTE VISTA 246 NORTH SYBIL ROAD 1369 CAMPEON CIRCLE
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
MR BOB DICKINSON MS MALIKA ALBERT
(VISTA LAS PALMAS HOMEOWNERS) (CHINO CANYON ORGANIZATION)
755 WEST CRESCENT DRIVE 2241 NORTH LEONARD ROAD
PALM SPRINGS CA 92262 PALM SPRINGS CA 92262
I
! MODCOM AND MR PETE MORUZZI
HISTORIC SITE REP •_;d: PALM SPRINGS MODERN COMMITTEE
PO BOX 4738
j PALM SPRINGS CA 92263-4738
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CASE NO.5.1065
Verification Of Mailing "=>' PLANNING SERVICES DEPT
CITY OF PALM SPRINGS
E PO BOX 2743
I
PALM SPRINGS CA 923263
I
CASE 5.1065
MR RON SHIPKA JR CASE 5.1065
ENTERPRISE COMPANY MR CHRISTOPHER MILLS
SUITE 570 CHRISTOPHER MILLS ARCHITECT
I SPONSORS&OWNERS-:J-J=J 600 WEST CHICAGO AVE 1255 EAST RAMON ROAD
CHICAGO IL 60610 PALM SPRINGS CA 92264
CASE 5.1065
MR MARVIN ROOS
MSA CONSULTING
34200 BOB HOPE DRIVE
RANCHO MIRAGE CA 92270
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The Enterprise Story
As a leader in residential real estate development for more than awarded with "Good Neighbor Awards" for excellence in architecture and T
40 years, The Enterprise Companies have continued to successfully design and have also been recognized with numerous Homebuilder Key �id 1;'
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acr_omplisIt their mission of making Chicago a better place to live. Awards for design excellence in townhomes, mid-rises, high-rise, and ;T
_ 7ill IIN
.
As a family-owned business, in its third generation, historic renovations.
they have become Chicago's largest for-sale
Lakeview Commons The company is now seeking to bring its successful track record and rep- l rt
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residential builder and one of the top 100 developers in America.
utation for building high quality projects to Palm Springs.We are excited
about continuing the historic path already well established of quality
i The Enterprise Companies sees itself as having a special role in relating a city's past g P Y q Y
to its future. The company approaches each property with a sense of responsibility for architecture and notable local architects. For this reason, we recruited xma,r Pointe condominmmis
IIP" preserving a neighborhood's character while enhancing its vitality.This method, Chris Mills Architects to create a contemporary but modernist vision of the site. Chris is known locally
" v' combined with a dedication to customer service and commitment to quality products, for his site sensitive, contextual and innovated design. His experience and knowledge continues
has enabled Enterprise to make more beautiful and livable communities for the Palm Springs architectural aesthetic into the next generation.
generations to come.
One Museum nark The company is sensitive to our environment and to neighborhood issues and has the
strongest reputation for integrity in business associations. The Enterprise Companies have been
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The Project: The Development Team
Enterprise recognizes the importance that local talent can contribute to a project. For this reason, we have assembled a well-qualified team from Palm Springs as follows:
Architect: Chris Mills, Chris Mills and Associates Sales &Marketing: Scott Lyle, Lyle Real Estate
Land Plenner: Marvin Roos,MSA Consulting Contractor: Dave Johnston, D W Johnston;Inc.
Civil Engineer: John Sanborn, Sanborn A&E Legal Counsel: James Schlecht, Schlecht, Shevlin &Shoenberger
INDIAN CANYON DRIVE
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PALERMO
1 �
on enterprise colifornla community 1,•trig"`— - - ' - �S
Back
PS Venture Indian Canyon/Son Rofoel,LLC's policy of continual o8enban to
design and construction requires that all specifications,equipment,landscape
plans,dimensions and prices are subject to change without notice
nit A 2 Bedroom plus Office,
r— -
- - �
_ I
Bedroom 2
Media 12'-6" x 13'-0"
- 1 T-6"x 12'-3" Balcon Batlt
FP 9'-8" x 15'-1 1"
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Kitchen O
Office
Star..
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aster Bedroom
Garage '-0" x 14'-11 " She]
13'-0"x 22'-0"
Open to
Living Room
13'-6"x 13'-2" Living Room Below
t Walk-in
Closet I I - - —
o J I — J o f
I '
First Floor Second Floor
PALERMO
de ign}an Iconsi Canyon Sonqun Rafael,LLCe policy of,equip of attention
ands to on enterprise cahfornio community
design and mnsiruchon regmres that all specifications,equipment,londscope
plans,dimensions and prices are subject to change wdhoun notice.
Unit B 2 Bedroom, 2 1/2
1 ,320 `
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an enterprise california community - --
Back
PS Venture Indian Canyon/San Rafael,LLC's policy of continual attention to
design and construGion requires that all specifications,equipment,landscape
plans,dimensions and prices are subtecf to change without notice
nit 2 Bedroor
i
I �
J � _
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\\ Master Bedroom
\\ 15'-3"x 12'-9„
Media J
\ 1 T-0„x 12'-6„ O
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Garage Balcony
12'-6" x 22'-0" Living Room 12'-6"x 26'-0"
14'-0"x 23'-6"
Bedroom 2
1 T-0" x 11'-0"
I
I
II
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First Floor Second Floor
PALERMO
f e venture Indian anon requires
Rafael,all
spa paLry oP continual oHenhon to an enterprise colifornia community
design and ronshudion requaes that all spen$cahans,egmpmenk,landscape
plans,dimensions and prices are subject to change without notice
Unit C 2 Bedroom, 2 1/2
1,275 '
MIR
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PALE RMO
on enterprise cohfornia community
PS Venture Indian Canyon/Son Rafael,LLC's policy of continual ahention to Back
design and consrrudion requires that all specifications,equipment,landscape
plans,dimensions and prices are subject to change without notice
Unit C 2 Bedroorr
J11
a
- -r —
Open to
- Living Room Balcony
Living Room Below 6 -4„x 12 -6^
17,-0" x 20'-2„
" Desk
Po er
Bedroom 2
Dining Room 10'-10" x 12'-10"
1 1'-6"x 1 T-5"
P.
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Garage F Master Bedroom t ^ r�
16'-2"x 22'-0" 12,-6"x 1 T-T t *-
° Kitchen o
o
' f st r B th
L' J II
b
Balcony
16'-2"x 5,-1 1" — — —
First Floor Second Floor
PALERMO
de ignane Indian CanyrolDa re/Sonquires
Rafael, l spe policy of continual attention a on enterprise californio community
design and construction regmres ihal all spedficaiions,equipment,landscape
plans,dimensions and prices are subject to change without notice
Unit U 2 Bedroom, 2 1/2 Bath
1 ,286 Sq. Ft.
r ,
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=mot ~t�t� Y� y-W+� ,�„F� �t� x ._'�f�'�.. �,,��, �? .,- -•��'—;�, '�4,'�4_ - —ti
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ON,
Front
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44
PALERMO
an enterprise cohfornio community - "'---•- } � '`•'f f� �'± n i
Back
PS Venture Indian Canyon/Son Rafael,LLC's policy of continual attention to
design and construction requires That all specifications,equipment,landscape
plans,dimensions and prices ore subject to change without notice
L n 0 V 2 Bedroom, 2 1,
1 ,2E
mvrFP \
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\\ \\ \ Living Room Bedroom 2
\ 1 T-0"x 12'-6" 14'_8"x 12'-6"
0
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F�,—uPo er � o
Dining Room
13'-6"x 1 1'-6" W/D
Hook-up
Stor. _may
DW XI I1 II
Garage
12'-6"x 22'-0" _ -
o Kitchen
Balcony Master Bedroom
11 12'-6"x 22'-0" 1 T-0"x 12'-0"
L
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P.
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I
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First Floor Second Floor
i
i
PALERMO
PS Venture Indian Canyon/San Rafael,LLC's policy of conhnual attention fo an enlerpnse mLforma community
and construction requires that all specifications,equipment,landscape
plans,dimensions and prices are subled to change wifhoui notice
Unit E 1 Bedroom,
.,sex• rr+lr�19� �:f� ..t.S.r..'-L :y . '� \.�l�i{,`-,•_ C: 1� n
_� c_r�y � ♦ .., :`�' 'nMj•5:,��`i:� `'Cr
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W.H.
z_ I
C _` u z = $ k,. �. .
Bath Kitchen
LIN LI J r-1
I DW I
<1W/DI
Walk-in `Hook_J P.
I` ) � ;
� I� I) l Closet
a. i 1111
Dining Room
Master Bedroom
12,_3„x 14,_4„
FP
Living Room
15'-3"x 1 1'-0"
I
I
I
Patio O
8'-0"x 12'_3"
Patio
PS Venture Indian Canyon/San Refuel,LLC's policy of confmual attention to PA L E R M V
design and construction requires that all speaficalions,equipment,landscape an enterprise califorma community
plans,dimensions and prices are sublecito change without notice
•
Unit F• 1 Bedroom plus Den, 1 1/2 B
936 Sq
��M�_111
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Master Pwdr.
Bath i Kitchen
r� k — _ = ,i . ' Den
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Dining Room
Master Bedroom
FP Living Room
16,_0„x 11, 3„
I
I
Patio 10i
12'-4" x 12'-3"
Patio
PALERMO
de Venture Indian Canyon/
Son Rafael,LLCe policy of continual aBeationands a on enterprise collfornia community
design and construction regm res that all specifications,egwpmeni,landscape
plans,dimensions and prices are subject to change without nonce
w
Unit U 2 Bedroom, 2 Bath
1 ,131 Sq. Ft.
RAZ
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Kitchen Bath
Master Bath F 1 :[E
LIN
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Walk-in
Closet
Dining Room
_ � 12,-3„x 1 1,_0„ -1
�'FEW5F-V` ffNriri"""» n -Grp-_=i �� 4 ti" M 1 1 -9 x 13 r" m
aster Bedroo
;i.: ,. . - a ode Bedroom 2
Living Room
h 1 16'-8"x 1 1'-0"
�.r
I 1 I
I
I
I
I
I
Patio
8'-0"x 12'-3"
Patio
16'-8" x 15'-0"
tl '�
PALERMO
de Venture Indian Canyon/San Rafael,ECUs policy of continual equip of attequipment,
ntionlands a an emarpnse colifornio community
design and cansirucfion requires Ihaf all speaLmtions,egwpmenf,landscape
plans,dimensions and prices are cabled to change without notice