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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. I 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 I 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 N E)apartmED�nt of Planning SEatrvicE?�s W E Vicinity Map s GOROZON AVE � O O � LAS VEGAS rz� I � 4 RAOIo rzo a z O SI �WAF SAN RAFAEL R� �p Z MOLINO RD o o - Le9lend z I I INA R� SI MS RED I I I G'S00_Ra tlius +H �� 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 r 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. I 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 i 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. i I 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. i 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. I I I 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 �f I I I I N�y V Department of Planning Services 'W-Q—E Vicinity Map S J CdROZQN AVE V Mi— � o — / A a 0 010 M rn � LAS VEGAS RD 1LLI RADIQ RD Zq � I OASIS RD J I I I SAN RAFAEL DR SAN RAFAEL RD ITI I I ILU z MOLIINOI RD Elf _ Legend z I a SITE -1NA RD f--"� z SI MMS RD C3500_Radms f^ I I \wl 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 jam rree rrmcm9 / VVWW.avery.com G Use Nrety®TEMPLATE 6960TM 1-800-GO-VERY /-���� AVERY® 59yBT 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 tuPUcF�7s;- bVpl-I Ly}q'�E wi096S ®A�1213At1 A113AV-OD-008-L w10965 31VIOV31®AAanv esn UIO)'AABAe'MMM 61 F I aq, , i or jam rree rnnving www.avery.com AVERY®Cr -Use Avery®TEMPLATE 5960TM 1-800-GO-AVERY 669 404 008 669 404 009 669 404 010 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 i 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 i ov PL(CiaTNE 669 404 022 669 414 010 669 414 011 o E1en a Jacob Redevelopment Agency City Of Palm S Donald Meyer&Sharon Meyer PO Bo 556 3200 E Tahquitz Canyon Way 509 Dahlia Ave ZephCove, 89448 Palm Springs, CA 92262 Corona Del Mar, CA 92625 I t7vP�.1cYaT� I 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 w10965 ®A2I3A'W Q A43AV-09-008-1 wi0969 31VIdffl i @faanV esB worAaane MN%M ® 6uilwMd 90a3 wet Jam Free Printing r ww0-GO-AVER ❑ AVERY@ Use Aveiry®TEMPLATE 5960TM � 1-800-GO-AVERY ® , 669 452 046 669 452 052 669 452 053 \ 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 vvt'ucPj� 669 452 062 669 452 063 a l Ailabouni l A<ab,,,,ut,,u 2105 oob�berto Dr 2105 Dr Palm Springs`CA 92262 Palm SA 92262 TJvPUGY�7L, PUPt-1 GPT'Z" i C/ CL�) 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 i I 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 I rn, =a s.9t ---- - �� tit 44 M LLJ 1 CD k1l o. •M", 1 I I I I I I I 1 I I I I I I I I I I I I ; 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;' l 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 I i 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 FLsn�t:�— cE 'f E .f Fl fr ftf F�I F ;.1qd n't F ' i .� 1BH INW1, �i fi h -ft �sll{�l 1 i f . �1 wl 'y' i / I 14�gqd�l lll' j!'�Il i [I 11 �ie L�41II III Ii�I'� ill<!I�IL,p11 ',} fit 1�I11�'131� � � IPEIf�llll�ll�l�,i One 2tver Place Loft Condominiums -- - 'T<Ff�•'��Sw� R R Z ! Two Rtver Place j ..yr y.-as--' - - '*'�''�r��►��. '_ tL� `i + The Chicago Homes The Townhormes and Tow, Condominiums o Maseuni Park 1 IF A r�4 �'rf7a� 1 �rr..�l^� Rr r;- �I S lZ- pr :A■T '3��Ifil�3 I� i3 a Museum Park Lofts enterprise 1 companies 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 — �i i'�i. r 11 `1r s_ f ——————————--— -- -- -------------= --- --- � � l Iris R=TAIL W — Q 0 Id z - s' I NOLLN313tl �;, � i n l i I mmm (lmmmnlmmummmi II ' J' ITL _PLA - - AORTH - O 50' IOD' 200' The Project: Elevations - One Story Residences rV ELL1. PLA/A G PLA/A E. PLA/A E PLA/'I F PLA/A F TYPICAL uTORY rRO/`IT r.LEVATIO/I Imaj - C PL)" G PLA/'I G TYPICAL 1 JTORX f IDL E LLVATIO/I 0 5 10 The Project: Elevations - Two Story Residences ti 1. r . 'S• PLA/`I A PL" b PLA/'I F5 PLA/i C PLAA C PLM P TYPICAL 2-/TORY rRO/`IT ELEVATIO/I r'•• ...... .::. , : PLA/'I P PLAA C PLAA C PLAA 6 PLA/9 FS PLAA A TYPICAL 2,/70RY Rr-AR r-LLVATIO/I O 5 10 4 Unit A 2 Bedroom plus Office, 2 1/ 1 ,37 1, _ �_ �: n-•. r _r^ -��;.� _ 1�'4:._ �;.� . _ _ :•f�,tto tD'it ,�\w'.`\\\ti•^cll.e .Fc� ..Y'• - a �Cl ll'AT-�`' •�: �F,_;:%i� d - -1,� �{••,�+ klk- At Ell -�Ib it lY, - \ .s.r} � r'"r.•s n�. .`•,�"oi.-. lam-' � �— - - Front a. � r 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" II I Q:J II — HaID r LDWJ P — J O Kitchen O Office Star.. rl 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 ` _ = I,' .. ;1ry i+ '�"°:.Ln.� :v t��..�..`J `•tY�..-^ 7.Y •':.� T;' '�rS' , tire. L:I :., =•s L , Y:`-.�� tE,' �., a' \. ' S, f l:. �, Y—f' - ... - .,.I ..r .� .:% . !. .~�1•=f'i J 44 t !�1 3N' ll(Il�ail�I 3 LON If� � �ilty Front j - v.e LI Jill or DA -�`, fr���,rY r+� rl� '�+�i�3 ` -.} _ f�� ����� ��n-�C`ti'FJ!' •.,�:,� 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 � _ / \ - - �l I \\ Master Bedroom \\ 15'-3"x 12'-9„ Media J \ 1 T-0„x 12'-6„ O \ o / \ / W \ / fFt-1 / I L�oyt I J � om i P ��I� L P4 st r 1e tl Q Stor. Ba h U 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 u I j 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 srA., ?! - •-t _� _ ry 'A 1�`•,!.: s;;: I C '`' {« rawy y ik f ,`. -'1-�• - ..;- •iaF.*rn'iy. `�<yl �.;`d .P I Jam!. � �, V- �, _ �, _— .� _ I'+-••_ •_ ' ` r __ Y.�4.• s.aad� Z f � Front _ t` A { � R_ f • � r i. S I r �! r r/fit _ � _ i i� 14 _�',�•%-, 7 u Ll_ 'z'_ 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. r -T L. 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 , yy T(l�; 7.,t � �.�i � Il J�• L S l =mot ~t�t� Y� y-W+� ,�„F� �t� x ._'�f�'�.. �,,��, �? .,- -•��'—;�, '�4,'�4_ - —ti -� - , i 7tr t 4ti ON, Front r I I r 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 \ O \ \ r \ \ \ I I I � I \\ \\ \ Living Room Bedroom 2 \ 1 T-0"x 12'-6" 14'_8"x 12'-6" 0 \ � I 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 L I I P. I I I I I L---__ 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 O O 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 1( ;Y� .«...a=.�'T,'_��T.,� �'.%d'`i.,- r^Y,f. �"il+!'\✓�S 't,,-s���,.a_i.ris�l S '}y `a: ^^ ).`'k.;.. d :�. s 1.V\'';?r, a _ •-cm•: 00 t h"}iv Master Pwdr. Bath i Kitchen r� k — _ = ,i . ' Den r 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 fl '*-` 5, _ ,�{j�y '.,s 4 y SF�f'?• ..�'Y '�—,. .. d\?::_ >, is �iw1,fK�h 0 WH 10 O _ Kitchen Bath Master Bath F 1 :[E LIN r-- rI)w— 1= _ t _ Hook-up C 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