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Home My WebLink About7/20/2005 - STAFF REPORTS (31) x.°�PALMsp� i2 V ,/1 k x c +raaarza d'a City Council Staff Report DATE: July 20, 2005 NEW BUSINESS SUBJECT: CASE NO. 5.1001, AGUA CALIENTE BAND OF CAHUILLA INDIANS VILLAGE TRADITIONS PROJECT. A PROPOSAL TO CONSTRUCT A 104 UNIT MULTI-FAMILY CONDOMINIUM ON 11.7 ACRES, LOCATED ON A SITE GENERALLY BOUND BY RAMON ROAD, CALLE EL SEGUNDO, AND SATURNINO ROAD, ZONE R-4, SECTION 14. FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The Agua Caliente Band of Cahuilla Indians is proposing construction of 104 unit condominium project on tribal trust land in Section 14. Under the Land Use Coordination Agreement, between the City and the Tribe, the Tribe has elected to exercise full approval and permit authority over the project. With the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated. RECOMMENDATION: 1. Approve Resolution waiving strict adherence to certain procedural requirements of the Land Use Coordination Agreement that are not necessary in the immediate situation and incorporating specific recommendations of project approval. STAFF ANALYSIS: The Agua Caliente Band of Cahuilla Indians (Tribe) proposes construction of 104 condominiums on 11.7 acres in Section 14 tribally owned land. The project has a density of approximately nine units per gross acre. The project site is generally bounded by Ramon Road on the south, Calle El Segundo on the west, Saturnino Road on the north, and the Village Racquet Club condominiums on the east. Item No. 5 . p . City Council Staff Report ,July 20, 2005 -- Page 2 Case No. 5.1001 In 1977, the Tribal Council and the Palm Springs City Council entered into a Land Use Coordination Agreement which provides for City review and comment on projects proposed on Tribal Trust property. This agreement establishes the process for City review of the proposed project and subject conformity report. Based upon the Tribal Trust status of the subject property, the Tribal Council exercises full approval and permit authority for this project. On February 3, 1999, the City and the Tribe amended the Land Use Agreement exempting all Tribal Trust property from the 1977 Land Use Agreement. In July 2002, the Tribe released the Section 14 Master Development Plan Specific Plan. The proposed project, which is located in the southwest portion of Section 14, is included in the Specific Plan within Multiple Family Residential/ Resort Housing of the Master Plan Vision. The project site is identified as "new diverse housing" in the Section 14 Illustrative Concept of the Master Plan Vision. The proposed project is consistent with the Section 14 Master Development Plan Specific Plan. Due to the exigencies of time, the Tribe has submitted correspondence requesting a waiver from the following procedural steps otherwise provided under the current agreement: The Land Use Coordination Agreement provides that any portion of the process may be waived if the Project is not deemed significant, if the Project is found to be conforming or is due to the exigencies of time, the normal process cannot be accommodated. The Tribal Council is scheduled to take action on the project on July 26, 2005. Because there will be no City Council meeting in the month of August, the City will not be able to comply with the time frames established by the Land Use Coordination Agreement. CITY OF PALM SPRINGS GENERAL PLAN: The project site is designated High Density Residential (H-43/30). This area allows for both hotels and high-density apartments with a maximum density of 43 hotel units or 30 multi-family unite per acre. The project meets the housing objectives of this designation and the policies within Policy 3.8.1. Based upon review of the City General Plan, staff finds that the project is consistent with the General Plan. ZONING AND LAND USE: Under the Section 14 Master Plan, the project site is zoned FIR (High Density Residential). This zone is designed to encourage the development of 21 to 30 dwelling units per acre, and allow hotel uses in private and exclusive settings. The project City Council Staff Report July 20, 2005-- Page 3 Case No. 5.1001 proposes a density of 9 units per gross acre, well below the threshold of this zoning district. The condominium buildings will measure 28 feet in height, within the allowable height of 30 feet in the HR zone. Setbacks of 30' for front and side front, 20' for side, and 20' for rear have all been satisfied. However, the City requires dedication of additional right-of- way along Saturnino and Calle El Segundo, which could reduce these setbacks. Once the required right-of-way is dedicated, the setbacks will be measured from that new property line. This could have an effect on the current location of the condominium units. Staff has conditioned the requirement for the right-of-way along these two streets. PARKING: Parking for the project site must meet the standards set forth by Section 93.06.00 of the L'-oning Code. The number of required parking spaces is calculated by the number of bedroom units within the condominium complex. Of the 104 units, 35 are two-bedroom units, and the remaining 69 are three bedroom units. Two bedroom units require 1.5 parking spaces, while three bedroom units require 2.25 parking spaces per unit. One covered parking space shall be provided for each unit, and one guest parking space is required for each 4 units. Therefore, the following parking is required: 35 Two-bedroom units: 53 parking spaces 69 Three-bedroom units: 155 parking spaces 104 Total Units: 26 guest parking spaces TOTAL: , 234 total parking spaces required The applicant proposes 268 parking spaces, which exceeds this requirement by 34 parking spaces. Of the proposed 268 parking spaces, 104 are required to be covered and are include within two-car garages for each unit Also, seven handicapped parking spaces are required, which are not shown on the plans. Staff had included a recommendation for handicap parking spaces. There is also a requirement for a minimum of fifty Percent (50%) of the parking lot to be shaded. The plan does not appear to meet this requirement. Therefore, Staff has included a recommendation to provide 50% shading of the parking lot. RIGHT-OF-WAY: The Section 14 Master Development Plan Specific Plan shows Calle El Segundo road between Ramon Road and Saturnino Drive with a right-of-way width of 80 feet, the width required by the General Plan. As previously noted the City only has 65 feet of right-of-way and will require the additional 15' along the east side of Calle El Segundo. The City will also require 15 feet of right-of-way along the south side of Saturnino Drive. TRAFFIC SIGNAL: City Council Staff Report .July 20, 2005 -- Page 4 Case No. 5.1001 A Traffic Study was done for the project, and from that came a recommendation that a traffic signal could be warranted at the intersection Ramon Road and Calle El Segundo. The City Engineer commented that the need of a traffic signal at Ramon Road & Calle El Segundo should be re-evaluated by the developer's Traffic Engineer, based on CVAG traffic counts. DEVELOPMENT COMMITTEE: -The Development Committee has reviewed the proposed project and provided comments which have been incorporated into the attached recommendations. ARCHITECTURAL ADVISORY COMMITTEE: The project was reviewed by the Architectural Advisory Committee (AAC) on May 23, 2005 and the following comments were made: • Reduce the amount of driveway and asphalt used throughout the complex. Soften some of the spaces between buildings with landscaping and less asphalt. • Review the units' access through the garages from garages and revise. • Provide pedestrian access from Calle El Segundo. • The island units should be flipped to create a more livable space. As proposed, there seems to be no yards as streets surround most units. The AAC comments are design recommendations and are listed here as recommendations only, not as conditions of approval. COMMUNITY REVIEW: The Tribe held a meeting with the adjacent condominium association, Village Racquet Club, on June 14ffi, staff has been informed that the project developer has made several changes to the project at the request of the homeowners within that association. FISCAL IMPACT: The Building and Safety Department has provided a summary of estimated normal and customary City fees which would be generated by the project during the City's building permit process. The project is broken down into four phases and a community center. Fees for each phase and the center are included in the attachments to this report. The grand total for all phases and the center are estimated at $1,010,262.89. City Council Staff Report ,July 20, 2005-- Page 5 Case No. 5.1001 The Tribe will pay Public Arts Fees, Sewer Inspection, Sewer Agreement and Sewer Connection. The Tribe will contribute for improvements to transportation infrastructure. The Tribe will contribute an amount of $6,000 per unit to the City at the time of sales of each unit (Parks/Quimby Fee). See letter from Margaret Parks dated 14, 2005. These fees would normally be paid to the City as part of permit issuance for a non- Tribal Trust development. CONCLUSION: Staff has concluded that the proposed project as conditioned is not insignificant, is in conformance with all applicable plans and ordinances, and that the time exigencies affecting the proposed project warrant the Council's concurrence with the Tribe's request that the normal processing requirements otherwise required under the Agreement be waived. Director of Planning Services David H. Ready7 Q anager Attachments: 1. Letter from Margaret Park dated June 9, 2005 2. Letter from Margaret Park dated July 14, 2005 3. Resolution 4. Recommendations 5. Village Traditions Project Report AGUA CALIGNTG BAND OF GAI=IUUA MIAV 7R7LAL PLANNING, d3U70_®VIVG & ENGI IV LErdING ; Ej July 6, 2005 Via Facsimile and Hand Delivery Troy Butzlaff Assistant City Manager City of Palm Springs PO Box 2743 Palm Springs, California 92263 Re: Village Traditions — Process Waiver Dear Mr. Butzlaff, Due to the exigencies of time the normal process outlined in the Land Use Coordination agreement between the City and the Tribe does not appear to be possible. The first thirty day review period and submission to both City Council and Tribal staff ended June 2, 2005, without the submission of an Administrative Report to Tribal staff. Therefore the City is out of compliance with the Agreement. Under the joint Tribal/City Land Use Coordination Agreement upon the City Council's adoption of the Conformity Report, the Project Report would be immediately submitted to Tribal Council and within a final thirty day period a joint meeting of the City Council and Tribal Council would be held at a public meeting. This point represents Section G.5 of the Agreement for Tribal/City Land Use Coordination on Certain Parcels (Agreement), Adopted by City Council Resolution No. 19450, January 6, 1999. In order to facilitate the processing of the Village Traditions development proposal within the timeframe outlined in the Agreement, you recommended a waiver be made in accordance with Section G.7 (Waiver) of the Agreement foregoing Section G.5 of the Agreement. Tribal staff will proceed with the public notification of a public meeting to adjacent property owners within a 500 foot radius of the subject property in order to schedule a review by City Council at a public meeting on July 20, 2005. Additionally, Tribal staff will take the project to the Indian Planning Commission on July 11, 2005. 650 EAST TAHQiUITZ CANYON WAY, HALM SPRINGS, CA 92262 T 760/325/3400 F 760/325/6952 AGUACALIENTE.ORG If you agree with this waiver please sign below and return one copy to me at your earliest convenience. If you have any questions, please don't hesitate to call me. V ry trul yours, TPmas Davis, AICP Cning and Development Officer ,AGUA CALIENTE BAND OF CAHUILLA INDIANS KM/TJD/cm C: Tribal Council Margaret Park, Director of Planning The City will review this project in accordance with Section G.7 (Waiver) of the Agreement for Tribal/City Land Use Coordination on Certain Parcels by foregoing sections G.3, GA, and G.5 of said agreement: Troy Butzlaff, Assistant City Manager F':\Private\Ltr-TJD\070605-TButzlaff Re Village Traditions Waiver letter.doc AGUA CAUCE NTC BAND Or- CAHIJUA MNAN5 A G D A C A L I E H T E . 0 RG AGUA CALIENTE QAND OF CAHUILLA INDIANS TRIBAL PLANNING, BUILDING & ENGINEER103TY OF.PALM SPPH G _ 2005 JUL 15 AH 10: 55 cI"rY CLl stK' July 14, 2005 Hand Delivered Mayor Ron Oden and City Council City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 RE: Case 5.1000, Village Traditions Dear Mayor Oden and City Council, Attached are fifteen copies of the Project Report for the Village Traditions condominium project proposal located on Tribal Trust land at the northeast corner of the intersection of Calle El Segundo and Ramon Road. The project will be reviewed at the July 20, 2005 City Council meeting as a New Business item. Also attached is a response to the fiscal analysis prepared by City staff. Tribal staff has reviewed the fiscal analysis and will recommend to Tribal Council voluntary contributions in lieu of payment of those fees shown in bold type in the attached table. If you have any questions, please contact me at 883-1326. Very truly yours, Margaret E. Park, AICP Director of Planning AGUA CALIENTE BAND OF CAHUILLA INDIANS MEP/jb Attachments C: Tribal Council Tom Davis, Chief Planning and Development Officer Dennis Freeman, DL Freeman Inc. Fred Razzar, Agua Caliente Development Authority 650 EAST "9'R.HQUITZ CANYON WAY, PALM S6PPINGS , CA 92262 T 760/325/34900 F 760/325/6952 AGUACALIENTE.ORG DRAFT Village Traditions Project Proposal One Time Fees FEE PURPOSE AMOUNT TRIBE RESPONSE Building Permit Construction $ 180,787.54 No. Permit will be Permit issued by Tribe after plan check by Tribal consultant. Plan Check Fee Construction 180,401.48 No. Tribal staff and documents' plan consultants check perform plan checks. Issuance Issuance of 9,870.00 No. Permits will permits not be issued by City. SMIP Tax Goes to State 1,842.30 No. Asa Fund for fault zone sovereign nation, mapping the State's fault mapping excludes reservation properties. Microfilm Fees Maintains 2,100.00 No. However, documents for digital versions emergency of as-built plans situations will be provided for the City's files. Public Arts Fee For public art 54,968.70 Yes or equivalent public art consistent with other areas of the City will be provided. Construction Tax Funds City 90,258.80 No. There is no programs via the rational nexus for General Fund this fee. However, Tribal annual contributions to community programs are in excess of this amount AGNa CAUCEN C BAND Or- CANNILLA HIMANS' AG UACAL.I EN T C . ORG DRAFT Sewer Inspection For inspection of 4,830.00 Yes connection of units to public sewer Sewer Reimbursement 13,301.82 Yes Agreement for sewer line extension Sewer For connection to 255,507.00 Yes Connection public sewer Drainage Fee For use of public 152,305.00 No. The project storm drain system will retain storm water runoff on site. Transportation For regional 62,722.32 No. This fee is not Uniform Mitigation transportation applicable to Tribal Fee improvements governments. However, an equivalent amount will be contributed for improvements to transportation infrastructure. Parks/Quimby For the acquisition Unknown No. However, an Fee and improvements amount of $6,000 to City parks per unit shall be contributed to the City at the time of sale of each unit. Planning Fee Plan check fee for 38,180.00 No. Tribal staff will Planning review plans for Department staff compliance. Technology Fee For funding of City 23,949.00 No. Only Tribal technology staff and equipment equipment will be utilized in the review process. General Plan Fee For the update of 11,238.03 No. Project is the City's General consistent with the Plan adopted Section 14 Master Plan.** DO_TALSI $ 1 ,010,262.89 $ 1,015,329.84 NOTE: The Tribe is providing $300,000.00 towards the General Plan update through an amendment to the spa Resort Casino Disposition and Development Agreement. AQUA CAUCHTC BAND Or- COURLA MNAN5 A G U A C A L I E N T E . OR G RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS APPROVING A PROCESS WAIVER TO CERTAIN PROCEDURAL REQUIREMENTS OF THE LAND USE CORDINATION AGREEMENT THAT ARE NOT NECESSARY IN THE IMMEDIATE SITUATION AND INCORPORATING SPECIFIC RECOMMENDATIONS OF PROJECT APPROVAL. WHEREAS, on July 26, 1977. The Tribe and the City entered into that certain Agreement No. 1324 (hereinafter the "Land Use Agreement"), adopted by city Council Resolution No. 12298. Pursuant to that Agreement„the parties agreed that applications for issuance of permits and development pertaining to any Trust lands would initially be processed through the City, with the City collecting its normal fees and charges. Any party aggrieved by an action of the City Council in any such planning and zoning matters was given the right to appeal any action of the City to the Tribal Council with the Tribal Council having the ability, following a noticed hearing, to affirm, reverse, or modify any decision of the City Council on any matter affecting Indian Trust Lands, with the decision of the Tribal Council being final, after consideration of the recommendation of the Indian Planning Commission, as well as applicable federal and tribal law; and WHEREAS, On December 15, 1998, the Tribal Council and the Palm Springs City Council entered into a Land Use Coordination Agreement which provides for City review and comment on projects proposed on Tribal Trust property. This agreement establishes the process for City review of the proposed project and subject conformity report. Based upon the Tribal Trust status of the subject property, the Tribal Council exercises full approval and permit authority for the condominium project; and WHEREAS, On February 3, 1999, the City and the Tribe amended the Land Use Agreement. Supplement No. 5 exempted all Tribal Trust property from the 1977 Land Use Agreement, subject to the terms of the Land Use Coordination Agreement; and WHEREAS, On July 2002, the Tribe released the Section 14 Master Development Plan Specific Plan; and WHEREAS, The proposed project, which is located in the southwest portion of Section 14, is included in the Specific Plan within Multiple Family Residential/ Resort Housing of the Master Plan Vision. The project site is identified as "new diverse housing" in the Section 14 Illustrative Concept of the Master Plan Vision. The proposed project is consistent with the Draft Section 14 Master Development Plan Specific Plan; and Resolution No. Page 2 WHEREAS, On May 23, 2005 Architectural Advisory Committee reviewed the Project; and WHEREAS, the Tribe has generally supported development consistent with the City's General Plan and other ordinances and regulations but has the authority to adopt its own land use plan and policies; and WHEREAS, the Tribe has commenced a program, when economically feasible, to reacquire any Trust Land which has been sold in fee. To facilitate Indian development on such Land, the Tribe would like to have an expedited process for City review and comment on said projects. The Tribe is willing to consider such review and comment if given in a timely manner. The City believes that the opportunity to provide review and comment, but not approval, of such projects would be valuable to assure that such projects are integrated with surrounding development and to assure that the City's and the Tribe's normal development standards are maintained insofar as possible. In addition, both parties believe that all development throughout the City on both Tribal and non-Tribal land should make a fairshare contribution in exaction, fees or other consideration to pay for the burdens imposed by the development on the City or for the benefits received by the development from the City; and WHEREAS, "With the approval of both parties, any portion of the foregoing process may be waived if the Project is not deemed significant, if the Project is found to be conforming, or if due to the exigencies of time the normal process cannot be accommodated". THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby waives Section G.3, GA and G.5 of the Land Use Coordination Agreement. SECTION 2. The City Council adopts the staff recommendations set forth in Exhibit `A' for Case No. 5.1001 and requests that the Tribal Council incorporate said recommendations as part of their conditions of approval for this project. Resolution No. Page 3 ADOPTED THIS 20th day of July, 2005. David H. Ready, City Manager ATTEST: James Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on by the following vote: AYES: NOES: ABSENT: ABSTAIN: James Thompson, City Clerk City of Palm Springs, California EXHIBIT "A" The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, the City recommends that all conditions listed below be completed to the satisfaction of the City Engineer. STREETS 1. It is recommended that a City of Palm Springs Encroachment Permit be issued for construction of any improvements within the public right-of-way. 2. It is recommended that the applicant submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. It is recommended that the plan(s) be approved by the City Engineer prior to issuance of any building permits. 3. When public dedications of easements or rights-of-way over Tribal Allottee or Tribal Trust land are required,the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain any required public dedications as identified by the City for this development. Required public dedications for easements or rights-of-way are perpetual and have no term or duration; dedications of easements or rights-of-way restricted to a duration or term, or made in connection with an underlying Indian Lease, shall not be accepted. RAMON ROAD 4. It is recommended that the applicant construct a 24 feet wide emergency access driveway approach with its centerline located approximately 360 feet east of the centerline of Calle El Segundo in accordance with City of Palm Springs Standard Drawing No. 201. It is recommended that the access be gated and locked; and a lock box key provided to the Fire Department for emergency access. 5. In accordance with the Section 14 Master Plan, it is recommended that the applicant remove the existing 5 feet wide sidewalk and construct a meandering 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 6. It is recommended that the applicant dedicate an easement for pedestrian purposes for those portions of the meandering sidewalk that leave the public right-of-way. 7. It is recommended that the applicant coordinate with Sunline Transit Agency to evaluate relocation of the existing bus stop and construction of a new bus turn-out, including installation of a bus stop shelter, with a design compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning Services. 8. If a bus turn-out is recommended by Sunline Transit Agency, it is recommended that additional right-of-way be dedicated for those portions of the bus turn-out and adjacent sidewalk and bus shelter located outside of the public right-of-way. CALLE EL SEGUNDO 9. In accordance with the Section 14 Master Plan, it is recommended that the applicant dedicate an additional 16 feetto provide the ultimate half-street right-of-way width of 41 feet along the entire frontage, including a property line corner cut-back at the southwest corner of the subject property in accordance with City of Palm Spring Standard Drawing No. 105. 10. It is recommended that the applicant construct a 6 inch curb and gutter, 32 feet east of centerline along the entire frontage with a 35 feet radius curb return at the northeast corner of the intersection of Calle El Segundo and Ramon Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206, 11. It is recommended that the applicant replace the existing curb return with a 25 feet radius curb return at the southeast corner of the intersection of Calle El Segundo and Saturnino Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 12. It is recommended that the applicant construct a new intersection for the Main Entry, consisting of a divided ingress and egress lane, with sufficient maneuvering area for vehicles unable to enter the development, with 35 feet radius curb returns and spandrels along either side of the Main Entry and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 13. In accordance with the Section 14 Master Plan, it is recommended that the applicant construct a 5 feet wide sidewalk separated 4 feet behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 14. It is recommended that the applicant construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Ramon Road and Calle El Segundo, and along either side of the Main Entry, in accordance with City of Palm Springs Standard Drawing No. 212. 15. It is recommended that the construct a minimum pavement section of 3 inches of asphalt concrete pavement over 6 inches aggregate 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 Calle El Segundo frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. If an alternative pavementsection is proposed, the City recommends that the proposed pavement section be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SATURNINO ROAD 16. In accordance with the Section 14 Master Plan, it is recommended that the applicant dedicate an additional 5 feet to provide the ultimate half street right-of-way width of 30 feet along the frontage. 2 17. It is recommended that the applicant construct 6 inch curb and gutter, 20 feet south of centerline along the entire frontage, with a 25 feet radius curb return at the southeast corner of the intersection of Saturnino Road and Calle El Segundo in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. In accordance with the Section 14 Master Plan, it is recommended that the applicant construct a 5 feet wide sidewalk separated 5 feet behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 19. It is recommended that the applicant construct a Type B curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of Saturnino Road and Calle El Segundo in accordance with City of Palm Springs Standard Drawing No. 213. 20. It is recommended that the applicant construct a minimum pavement section of 3 inches of asphalt concrete pavement over 6 inches aggregate 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 Saturnino Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. If an alternative pavement section is proposed, the City recommends that the proposed pavement section be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER 21. It is recommended that all sanitary facilities be connected to the public sewer system and that new laterals not be connected at manholes. DRAINAGE 22. It is recommended that all stormwater runoff passing through the site be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, it is recommended that on-site retention or other facilities be utilized to contain the increased stormwater runoff generated by the development of the property; or, it is recommended that an on-site drainage system be constructed to convey stormwater runoff to the Baristo Channel, as allowed by Riverside County Flood Control District. 23. It is recommended that the applicant pay to the City of Palm Springs applicable flood control and drainage implementation fees of$9,212 per acre. GENERAL 24. It is recommended that 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 developershall 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 3 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. 25. It is recommended that all proposed utility lines be installed underground. 26. It is recommended that any existing overhead utility lines on or adjacent to the property be installed underground. 27. It is recommended that all existing utilities be shown on any improvement plans approved by the City, and that the proposed service laterals be shown from the main line to the property line. 28. It is recommended that any original improvement plans prepared for the proposed development and approved by the City Engineer be documented with record drawing "as- built' information and returned to the Engineering Division priorto issuance of a certificate of occupancy. It is recommended that any modifications or changes to approved improvement plans be submitted to the City Engineer for approval prior to construction. 29. It is recommended that nothing be constructed or planted in the public right-of-way 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. 30. It is recommended that all proposed trees within the public right-of-way and within 10 feet of the public sidewalk have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904, MAP 31. It is recommended that a Final Map for condominium purposes be prepared and recorded with the Riverside County Recorder for the subject development. TRAFFIC 32. It is recommended that a traffic signal be installed at the off-set intersection of Ramon Road with Calle El Segundo and Calle Abronia, in accordance with the recommendations fro the traffic impact studyfor"El Segundo Residential Tract'prepared by Endo Engineering,dated March 2004. If installed, the applicant may request reimbursement of 94.1% of the cost of the traffic signal through a reimbursement agreement with the City of Palm Springs. If not installed, it is recommended that the applicant pay the proportionate fair share cost of $8,850 (or 5.9%) to the City, as recommended by the traffic impact study. 4 33. If a traffic signal is installed, it is recommended that a traffic signal installation plan be prepared and submitted to the City Engineer for review and approval. 34. It is recommended that a minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. 35. It is recommended that a street name sign be installed at the intersection of Calle El Segundo and the Main Entry, in accordance with City of Palm Springs Standard Drawing No.'s 620 through 625. 36, It is recommended that a 30 inch stop sign, standard stop bar and "STOP" legend be installed in accordance with City of Palm Springs Standard Drawing No.'s 620-625. 37. It is recommended that construction signing, lighting and barricading 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 is recommended to 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. 38. It is recommended that the Transportation Uniform Mitigation Fee be paid in accordance with the Coachella Valley Association of Governments fee structure for condominium units. Architectural Advisory Committee Recommendations: 1. Reduce the amount of driveway and asphalt used throughout the complex; soften some of the spaces between buildings with landscaping and less asphalt. 2. Review the units' access through the garages from garages and revise. 3. Provide pedestrian access from Calle El Segundo. 4. The island units should be flipped to create a more livable space. As proposed, there seems to be no yards as streets surround most units. 5 f I7_ AGUA CALICNTE BAN ® OF CAIaULLA MMAN2 TRIBAL PLANNING, BUILDING 8t ENGINEERING _ wij iUI £7 ,July 20, 2005 Hand Delivered -u Mayor Ron Oden and City Council City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 ICE: Case 5.1001, Village Traditions, July 20, 2005, City Council Agenda Item 5B Dear Mayor Oden and City Council, In response to the City Council Staff Report prepared by City staff for the above project, Tribal Planning staff would like to clarify an inaccurate statement within the report. The Tribe did not request a waiver from the procedural steps otherwise provided under the current Agreement for Tribal/City Land Use Coordination on Certain Parcels (Agreement), approved by City Council and Tribal Council, January 6, 1999. The terms of the Agreement clearly outline the time frames required for various processing actions to occur on behalf of both the Tribe and the City. The City did not meet the processing time frames as required, therefore, the City is out of compliance with the Agreement. To date Tribal staff has not received an Administration Analysis nor a Conformity Report, Sections G.3 and GA of the Agreement, respectively. The processing schedule that was included with the submission of the Project Report to City staff May 4, 2005, is attached. The waiver clause, Section G.7, within the Agreement provides the mechanism for both parties to agree to forego portions of the agreement if the normal process cannot be accommodated. It is clear that the City did not adhere to the normal process therefore s 650 Z A S T T A H Q U I T Z CANYON WAY, PALM SPRINGS, CA 92262 T 760/325/3400 F 760/325/69S2 AGUACALIENTE.ORG , the waiver to process is the only mechanism available to bring the City into compliance with the Agreement. V xq tru1, yours, Th m s J. Davis, AICP Chief Planning & Development Officer AGUA CALIENTE BAND OF CAHUILLA INDIANS TJD/km Attachment C: Tribal Council Margaret Park, Director of Planning Dennis Freeman, DL Freeman, Inc. Fred Razzar, Agua Caliente Development Authority ACUA CAUCHE BAND O� CANUILLA IFW057 AGaACAL_ rN1TE . ORG CAIfr ASP f TRIBAL PLANNING, BUILDING, & ENGINEERING INTER-OFFICE MEMORANDUM Date: April 21, 2005 To: Tom Davis, Chief Planning Officer ' ;J. From: Kathy Marx, Associate Planner Re: Village Traditions Processing Schedule P c - , s_ ❑ March 8, 2005 Submittal of application package — applicant requested to submit ` Tentative Tract Map ASAP ❑ March 9 —April 2 Review by Tribal Planning, Building & Engineering Staff Mail out of Tentative Tract Map to reviewing parties (utility companies, etc.) ❑ April 2 —April 18 Preparation of Draft Project Report, including: ➢ Project description ➢ Project plans ➢ Analysis of project compatibility with City and Tribe's development standards ➢ Fiscal impact analysis ➢ Statement of non-conformance, if applicable ➢ Incomplete letter to applicant if project lacks necessary documentation in order to make a Staff recommendation ❑ April 12 Receipt of Revised Tentative Tract Map ❑ April 18 — 22 Interdepartmental review of draft Project Report ❑ April 22 Cut-off date for cornmenis 'from utility companies ❑ A[,wH 22 — 27 Revision to draft Project Repm-1 per staff and utility company comments/draft Project Report to ACDA and D.C. Freeman for review �P.�A1lfY TRIBAL PLANNIN ' BUILDING, & ENGINEERING e ❑ Week of May 2-6 Kick off meeting with City staff and project proponent to include: ➢ Draft Project Report ➢ Distribution of five sets of plans to City staff (Police, Fire, Finance, Public Works and Planning) ❑ May 4 - City staff prepares Administrative Analysis June 2, 2005 ❑ June 3, 2005 Administrative Analysis is submitted to Tribal Planning staff for comment. ❑ June 6, 2005 IPC review ❑ June 13, 2005 Tribal staff comments on Administrative Analysis due back to City ❑ July 6, 2005 Earliest date for City Council adoption of a Conformity Report at a public meeting ❑ Judy 19, 2005 Submittal of Conformity Report to Tribal Council ❑ Late July 2005 Joint Tribal Council/City Council Meeting ❑ Late July 2005 Final Tribal Council Action C: Margaret Park, Director of Planning Dennis Freeman, D.L. Freeman, Inc. Fred Razzar, ACDA Project File NOTICE OF PUBLIC MEETING CITY COUNCIL n C-71Vf-D y6 L. CITY OF PALM SPRINGS „I Y OF Pit4°" 5 RiIE' I Case 5.1000 20N JUL p 2 A '1 8; 11 Project by Village Traditions at Palm Springs, LLC {JI"l Y CL15i? Village Traditions Northeast corner of Calle El Segundo and Ramon Road Section 14, Township 4S., Range 4E. Tribal Trust Parcels T77A, T39B, T83A, T89A and T111A NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public meeting at its meeting of July 20, 2005. The City Council meeting begins at 6:00 p.m., in the Council Chamber at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of this meeting is to discuss an application by Village Traditions at Palm Springs, LLC, for construction of a 104 unit multi-family residential project proposal located on approximately 11.65 acres of Tribal Trust property of the Agua Caliente Band of Cahuilla Indians. Multi-family condominium units will occupy the bulk of the site within a net buildable acreage of 10.24 acres. One (1) acre of unbuildable land consists of a concrete flood control channel and a small strip of land fronting Saturnino Road to the north, which will be improved as a landscape element with a meandering sidewalk. A project report has been prepared and ;submitted to the City pursuant to the terms of the Agreement for Tribal/City Land Use Coordination on certain parcels as of December 15, 1998. 'The project is in conformance with the Section 14 Master Plan and all standards of development associated with the High Density Residential (HR) zoning designation in which it is located. REVIEW OF PROJECT INFORMATION: The project report and other supporting documents regarding this matter are available for public review at the City Hall between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Please contact the City Clerks Department at (760) 323-8204 if you would like to schedule an appointment to review these documents. COMMENT ON THIS APPLICATION: Response to this notice can be made verbally at the Public meeting and/or in writin before the meeting. Written comments can be made to Troy Butzlaff, Assistant City/Manger, bbV letter (for mail or hand delivery) to: James Thompson, City Clerk 3200 E. Tahquitz Canyon Way P.O. Box 2743 Palm Springs, CA 92263 Any challenge of the proposed project in court may be limited to raising only those issues raised at the public meeting described in this notice, or in written correspondence delivered to the City Clerk at, or prior, to the public meeting. Si necesita ayuda con esta carta, por favor Ilame a la Ciudad de Palm Sr con Nadine Fieger telefono (760) 323-8245. s m ivzyp y° � � a; m �q Figure 2.2 °°ory° - - Vicinity Map m Vlsla cdmn Le end DrIva Ta eecllon 14 �rlw Tnmarl@ Proiocl Slle Flootl A Road— A.W. o °g R°etl a Tehqullz Canyon wey �4 g Arenas Roctl BMW.Road flamon Ram°n R°etl - - fl°stl 3 am Sunny nonce — Sunny Cones fltl. Rood y�+ MesquIto Eg Mesqulle Pvenue < Ave, m Easl Pelm Canyon Rilve u EnAo Gnginuming Scala:l"=2TJ0' rca^ AGUA CALIENTE s BAND OF CAHUILLA INDIANSjr r _, S �,7F UL d 6 508 092 005 City Of Palm Springs PO Box 2743 Palm Springs, CA 92263 „•�••�� •• •� . .� �tffit!er?11?f!/!)3!t?tilt?F�I�)]?f�?li?�?!t/t?;?f�??/ftt�t)ft Date: July 20, 2005 To: Director of Planning Services From: Assistant Director of Public Works/Assistant City Engineer APPLICATION FORAPPROVAL OF A NEW CONDOMINIUM DEVELOPMENT LOCATEDAT450 SOUTH CALLE EL SEGUNDO, 670 EAST RAMON ROAD, AND 466 SOUTH CALLE EL SEGUNDO, (APN 508-096-007,008,011), SECTION 14, T 4 S, R 4 E, S.B.B,M., CASE NO. 5.1001, ENG, FILE NO. E-3318. The following condition should be added for clarification related to the widening of Calle El Segundo and Saturnino Road in accordance with the Section 14 Master Plan: 1. It is recommended that the applicant extend the existing drainage culvert for the Baristo Channel, as necessary to facilitate the widening of Calle El Segundo and Sa'turnino Road, in accordance with the Section 14 Master Plan. Plans for the extension of the existing drainage culvert should be submitted to Riverside County Flood Control and Water Conservation District (RCFC) for review and approval, and an encroachment permit for its extension should be obtained from RCFC prior to construction of the recommended street improvements. Submitted: Marcus L. Fuller Assistant Director of Public Works/Assistant City Engineer Village Traditions Project Report DF 47" q 1z' Prepared for: The City of Palm Springs July 20, 2005 REVISED VILLAGE TRADITIONS PROJECT REPORT 1 Prepared for.• City of Palm Springs Prepared by: AGUA CALIENTE BAND OF CAMILLA INDIANS Planning, Building & Engineering Department 650 E. Tahquitz Canyon Way Palm Springs, California 92262 TABLE OF CONTENTS Section Page 1 I. INTRODUCTION............................................................. 1 II. EXISTING CONDITIONS ................................................. 1 III. STATEMENT OF PROJECT............................................. 2 IV. ARCHITECTURAL CONCEPT AND LANDSCAPE CONCEPT 6 V. ENVIRONMENTAL ANALYSIS.......................................... 7 VI. TENTATIVE TRACT MAP 33576....................................... 7 VII. FISCAL IMPACT ANALYSIS............................................. 8 VIII. PLANNING CONDITIONS OF APPROVAL.......................... 9 IX. ENGINEERING CONDITIONS OF APPROVAL.................... 16 1 TABLE OF EXHIBITS Exhibit Regional Vicinity Map........................................... A Local Vicinity Map................................................ B Site Photographs................................................ C SitePlan............................................................ D Figure 5-10, Sec. 14 Master Plan, Ramon Rd........... E Figure 5-16, Sec. 14 Master Plan, Calle El Segundo.. F Burrowing Owl Burrows on Project Site................... G Architectural Elevations and Floor Plans.................. H Material Samples................................................ I 1 Landscape Plans.................................................. J Tentative Tract Map............................................. K Tribal Donations Table.......................................... L I. INTRODUCTION Village Traditions is a 104 unit multi-family residential project proposal located on approximately 11 .65 acres of Tribal Trust property of the Agua Caliente Band of Cahuilla Indians (Tribe). The property is located within Section 14, Township 4 S., Range 4 E., San Bernardino Meridian, Palm Springs, California, on the Agua Caliente Indian Reservation at the northeast corner of the intersection of Ramon Road and Calle El Segundo. Multi-family condominium units will occupy the bulk of the site within a net buildable acreage of 10.24 acres. One (1) acre of unbuildable land consists of a concrete flood control channel and a small strip of land fronting Saturnino Road to the north, which will be improved as a landscape element with a meandering sidewalk. This project report is submitted to the City of Palm Springs pursuant to the terms of the Agreement for Tribal/City Land Use Coordination on certain parcels dated December 15, 1998. The project will be reviewed and developed to the standards of development set forward in the Section 14 Master Development Plan, Specific Plan, adopted by the Tribal Council and public referendum, certified November 30, 2004. II. EXISTING CONDITIONS The property is presently vacant and previously undeveloped although the Ramon Road frontage historically was the site for five non-permitted single-family residences. Those structures have since been demolished. The vegetative community on the site predominately consists of nonnative grassland and nonnative trees. Full street dedications and improvements have not occurred in relation to the proposed project site. There are multiple curb cuts on the Ramon Road right-of-way that were utilized as driveway entrances to the prior single-family residences that gained access off Ramon Road. Additionally an 8' sidewalk presently exists abutting the curb on the north side of Ramon Road. Utility connections for water, sewer, power and telephone services are available on site. All existing utilities are presently undergrounded. Three street lights are located on the east side of Calle El Segundo within the right-of-way. Riverside County Flood Control maintains an existing 42' wide easement and flood control channel across the northern portion of the site. Existing adjacent properties are as follows: ➢ North — Heritage Apartments, a two-story multi-family residential development separated from the project site by Saturnino Road. ➢ Northwest— Barristo Park ➢ West — Pacific Palm Apartments, a two-story multi-family residential development separated from the northern project site by Calle El Segundo. South of the Pacific Palm Apartments is the Biarritz three-story condominium development. t ➢ South — Single-family residences separated from the project site by Ramon Road. East— The Village Racquet Club, a two-story multi-family condominium development, is located on the abutting easterly site. 0 III. STATEMENT OF PROJECT The Tribe in joint venture with Village Traditions, LLC., propose to build 104 town-home q style condominium units on Tribal trust land on the Agua Caliente Indian Reservation. Y The proposed development would consist of twenty-six (26) buildings with four (4) units per building. The units range in size from 1,542 square feet to 2,078 square feet. There are six floor plan selections ranging from 2 bedroom, 2.5 baths to 3 bedroom, 3 bath + den. Each condominium will have an enclosed two-car garage with direct access to the unit. A community center including a common pool, barbeques, spas, large meeting room and gym facility is proposed for the condominium community at large. A. Property Development Standards The project is a permitted use within the High Density Residential (HR) zoning designation in which it is located. Standards of development requirements specific to the HR zone and compliance of the proposed project to those standards is included in the following table: eProperty Development Standard Allowed Proposed 1 Density 21-30 units per acre < 10 units per acre Building Height < 30 feet 28 feet Setbacks: Front Yard/Side Front 30' 30' Side 20' 20' Rear 20' 10'2 Distance between buildings 15' 15, Parking Dwelling Units 198 Guest 26 TOTAL 224 268 Handicap Spaces 7 0 Open Space 45% 45% The HR zoning designation indicates that the Palm Springs Zoning Ordinance high density residential standards of development shall apply. The 10' setback is to the wall that will separate the buildable site from the Riverside County Flood Control Channel easement, The rear yard setback from the back of the proposed structures to the property line is greater than 20 feet. 2 De rt Hot Springs _ 3 S 3 EI >eo eeTeti a . 1 354E 1 3 5 2 E - 3 S 5 E i I Southern California Riverside — - — --L. County -Cafhed aL _4S2E 4S3E LI_.- City �` 4S6E 487E _.--aim- �}S4); --- Springs-� 45. E —_ \. Riverside i 1 Cc-until Vicinity Map —1 — Rancho ` Mirage Palm Springs Area _ Riverside County California Palm Desert 5 S 7 E ACIP.ReservaLcn BO�ndary $ S 4 E 'Tamships 555E 535E PaHcat JurGJ coons -�- Interstate High'S2ys 1 _J Indian Wells Indio -�- Slate rimhv:ays -' '-- --- La Quinta 6S4E 635E ' 6S6E 6S7E j. l ---, Riverside �c - c-' ,� County �, u Regional Vicinity Map Exhibit A t ' ne,•azan•w nr,^az•zum no°ar.n•w , k.� I" �� "� I� +�,��. �,;►, � fin' • h' � fn / d m �� • `�� w+ ��!'�• t•{� °are I ,14wI 'n A Y� jr 1 , �^^ ��';-I t1i'�fir.. ,. •_.�,.. -, v..�w...,1 �A .w�w,+tr..�,� +�� ., + it - iar.n � 3 1 na•aza w nu°�a:.ro^w ne°az•�i•w ACUA CALIENTE INRIAN RESERVATION r fa��a T4SRgE SECTION 14,W1l2SE114SW1/4 o VILLAGE TRADITIONS Local Vicinity Map O Exhibit B i I t e 1! � r x r � TTJ 3 4. 45 View eas of c;oi2c2 sits frcrm::•est srce of Ca!,'s E!Segundo 1 i [I o f ,ii, -! -.I a-£ rF - - -- - � 12.View nenh cf prosc-,s!te from souih side et Ramon Road. i Site Photographs Exhibit C ANBORN I _ � I PRCHIlEGiu9v / = Cl'JLENM NG <1, 7"1 I 7qIf 1 ]j 'F fI rIjll • PlApT !✓ I{ 1 (22 45 — _ __ _ _ _ ...ram ... _• - _ -_ ._yu_��r it��a.:n— _ FE �- -_- - ._.....,..__ Site Plan Exhibit D B. Circulation The proposal is for a gated community taking access from Calls El Segundo with emergency only access from Ramon Road. Internal circulation will be provided by 24' wide private streets maintained by the Home Owners Association. Several 10' turning radius corners have been proposed. The City of Palm Springs Fire Department reviewed the site plan in conference with the project engineer of record, John Sanborn, on April 6, 2005. It was determined at that meeting that corners proposed with 10' turn radius were acceptable. Additionally, fire hydrant locations were discussed. The project will require five on-site hydrants and two off-site hydrants. The project shall be conditioned to reflect those locations in the final tract map. The project proposal does not incorporate any handicapped accessible parking. A condition of approval shall incorporate seven accessible parking spaces. The following street dedications, sections and right-of-way improvements shall be incorporated as conditions of approval for the project: 1. Ramon Road — The Section 14 Master Plan guidelines require a 100 foot right-of-way in Ramon Road. Minimum half street improvements on the project's Ramon Road frontage are 38 feet of pavement with a bikeway adjacent to the curb alignment. Parkway improvements in the remaining 12 feet of right-of-way are required to consist of an 8 foot wide meandering sidewalk and landscaping. Existing right-of-way on the project's Ramon Road frontage widens from the minimum 50 foot half street right-of-way at the southeast corner of the parcel to 67 feet at the southwest corner of the parcel. Parkway improvements that are not accommodated within the public right-of- way will be conditioned to be maintained by the Home Owner's Association which will also be required to carry additional liability insurance for such 1 improvements and name both the City of Palm Springs and the Tribe as "also names" under the provisions of an appropriate hold harmless agreement that shall ride with the terms of the underlying land lease. (See Figure 5-10, an excerpt from the Section 14 Master Plan. EXHIBIT E ) Additionally, 26' — 30', decorative streetlights shall be installed within the Ramon Road right-of-way along with low-level indirect pedestrian lighting of the meandering pathway for security and walking/jogging at night. 2. Calle El Segundo —As a secondary thoroughfare, Calle El Segundo has a half street right-of-way dedication of 40'. The right-of-way shall be designed with a half street pavement width of 32', 6" high curb incorporating a four foot wide adjacent to curb landscape planter and five foot wide pedestrian walkway adjacent to the property line, rather than the proposed adjacent to curb nine foot sidewalk. (See Figure 5-16 from the Section 14 Master Plan — EXHIBIT F). 3 3. Saturnino Road — Saturnino Road, a collector street, runs along the north portion of the Allotment. Section 14 Master Plan guidelines require a 60 foot right-of-way at this location with 20 feet of pavement and a 10 foot parkway along the half street frontage of the parcel. Approximately 0.36 acres of the parcel lies north of the Riverside County Flood Control drainage facilities crossing the parcel. This area will be conditioned for development as a landscape and pedestrian area with a 12 foot wide meandering sidewalk. Both of these conditions exceed the minimum standards of development for this frontage. An El Segundo Residential Tract Traffic Impact Study was prepared by Endo 1 Engineering March 2003. All recommendations associated with the study shall become conditions of approval for this project. C. Biology A biological field survey was conducted on the project site by EDAW, Inc. biologists on December 3, 2003. An evaluation was conducted in relation to the Tribal Habitat Conservation Plan (THCP). An inventory of the observed flora and fauna species in accordance with the designations of the natural and/or disturbed vegetation communities was also compiled. The burrowing owl was the only covered species identified in the THCP found on the 1 proposed project site. Exhibit G illustrates the location of active burrowing owl burrows and vegetative communities on the site. Any direct impacts to the burrowing owl must be avoided and conditions of approval have been incorporated from the approved THCP that define the correct procedure for conducting a pre-construction survey to determine the continued presence of the species and the appropriate protocol for relocation. 1 D. Cultural The Tribal Historic Resources Coordinator has reviewed the project proposal and conditions of approval will be included that request that approved cultural resource monitor(s) be present during any ground breaking activities on site. Should buried deposits be encountered, the monitor may request the destructive construction halts and a qualified Archaeologist investigate, and if necessary prepare a mitigation plan for submission to the State Historic Preservation Officer and the Tribal Historic Preservation Office. E. Drainage and Water Quality A conceptual grading plan has been submitted relative to the project proposed. Q100 runoff will be retained on site. Hydraulic design includes a retention system that will ensure that there is no increase in total runoff from the site from the undeveloped state to the developed one. Any pollutants in this retention system will be remediated by both 4 the physical filtering action of the soils and the biological action of bacteria within the soil. F. Noise Increased noise levels associated with project-generated traffic, residential occupation or short-term construction activities would not be considered substantially adverse after preliminary review. Conversely noise level studies conducted on December 4, 2003, are predicted to be 66 dBA CNEL and would exceed the City's residential standard of 65 dBA CNEL at 50 feet from the roadway edge in 2020. However, the proposed project would include a 6' high solid masonry wall adjacent to Ramon Road, with no perforations except for the emergency entrance. The wall would reduce future noise levels at exterior patios fronting Ramon Road to 63 dBA CNEL. Second floor balconies fronting Ramon Road would require shielding. Typical residential construction would attenuate exterior noise levels to less than 35 dBA at interior locations with the windows in a closed position. G. Air Quality The EPA is solely responsible for the implementation of Clean Air Act regulations on Tribal lands. State and local agencies, such as the California Air Resources Board, South Coast Air Quality Management District (SCAQMD) and the Coachella Valley Association of Governments (CVAG) have no jurisdiction or responsibility on Tribal lands. Despite not being required to do so by law, the Tribe will voluntarily comply with the air quality standards of SCAQMD and the City for the proposed project. This voluntary compliance does not include submission of the Tribe to SCAQMD authority or payment of any fees to the SCAQMD. Conditions of approval have been incorporated that will ensure voluntary compliance with air quality emission standards. pH. Geology and Soils A geological Technical Report was prepared in 2004 by Earth Systems Southwest for the proposed project. The environmental analysis based on information contained within that report has resulted in conditions of approval for the proposed project relative to building standards. In 1999 the Tribe adopted the Tribal Building and Safety Code in conformance with the Uniform Building Code. Therefore, the proposed project will comply with all applicable requirements of the California Building Code. I. Public Utilities and Services The impact of residential development as proposed within Section 14 has been evaluated in the Section 14 Master Plan Environmental Impact Report/Environmental Impact Statement (EIR/EIS), Final Document, July 2002. Conditions of approval have been incorporated relative to the development proposal, as mitigated in the Final EIR/EIS relating to public utilities and services. 5 Bikeway Median Bikeway Meandering Informal Planting Pedestrian Planting of cl S Optional nal Walkway Shade Trees 1211 20' 1001 Right-of-Way Building Setback SDUFCL': Gruen Amcbiv, URE.5-7 0 SESECTIONFIG ON 14 MASTER DEVELOPMENT PLAN Ramon Road Streetscape/Circulation Concept Figure 5-10 Exhibit E Shade Trees in Informal Pattern All Pak 4' 5' 64' 91 80' Right-of-Way FIGURE 5-16 Secondary thoroughfare SECTION 14 MASTER DEVELOPMENT PLAN fCalle EJ Segundo,Mack, Road) 5Yrreiscape/Circulation Concept Figure 5-16 Exhibit F 1 - {r iii `� � • �W sir � ��!` „11ft. JL�SATiARINORCI Am&- -�` r.I 1WTom- --,ft * a I 8 NN,J'i. - JJNW G Y I s' n' PIP Id M 1 w � �,I •j 4 AMrON'ROAD 77 ACTIVE BURRf7LllfIVG OWL BURROWS VErEVATION e' CLS-J DISURRED CRESOTE BUSH SCRUB ;or UEV DEVELOPED •y ' M NHG 1110111 NATIVE GRASSLAND t «��►' GRIT IONNATIVf_WOliDLAND GF261 ' ]RMANf �ICNTAL .,tug",:-,r..1.:,=,-:=—'.^�—�•_•^._._..'^�,.. .-._,r_-i AI,_. ,..i^ !� �- z +*� 2r.a000 Pmm 6p 1 mtl -3�C3�ta„ni,.^ 'y93J3-J�1"CAS U zrnn aaa o zaoaFeel b Sca:3'I.2-I000'1,,Ih-2000-:Ct EI ;e Undo Ramon Road 17A ('rIS:UUi tYIPFLIv'eUnN✓Rnmm;lLrzJLI'hdAm p.^dma^if>'UFe(i'Rn^nh�l /MaJ Burrowing Owl Burrows on Project Site Exhibit G IV. ARCHITECTURAL AND LANDSCAPE CONCEPT The Berkus Design Group (BBG), an architectural firm from Palm Desert, California, has illustrated an Early California architectural styled project. Fagade articulation is provided by gabled dormers, balconies, covered ground floor patios and chimneys in 1 order to create visual interest and break up the fagade plane. The condominiums are arranged in twenty-six buildings with four units each. Six unit types with square footage ranging in size from 1, 432 to 2,078 square feet are proposed. Roof material is proposed as two-piece clay barrel tile. Each condominium will have an enclosed two- car garage with direct access to the unit. Guest parking is provided throughout the complex. A community center including a common pool, large meeting room and gym facility is centrally located within the proposed project site. Additional barbeque and spa recreational space is provided on each end of the project site. 1 Staff has reviewed the architectural elevations and landscape plan proposals in relation to the contiguous property east of the project site, the Village Racquet condominiums. The proposed project has situated three parking areas within the eastern project site in order to reduce the number of buildings on the proposed project site adjacent to the eastern property line. A minimum setback from the eastern property line of 20' has been maintained with a sixty percent of each building's fagade setback an additional 10 feet. The proposed project building height is 28 feet. The Village Racquet Club 1 condominiums are two-story with an undetermined height. The finished floor elevations for the proposed project buildings relative to the Village Racquet Club structures from north to south are as follows: , Proposed Project Finished Floor Adjacent Property Finished Floor Building # Elevation Land Use Elevation Landscaping — No Bldg. #10 430.2' structure N/A Bldg. #11 430.1' Condo Units 428.0' Bldg. #13 429.35' Parking Lot N/A Bldg. #25 — side elevation 429.0' Condo Units 426.0 Bldg. #26 — side Landscaping — No Elevation 428.9' structure N/A Ornamental trees presently separate the proposed site from the adjacent site providing a sight screen between properties. Those plantings are located to the west of the adjacent property's wall and wrought iron fencing enclosing the compound. They are not part of the subject project property. In order to protect this area of unmaintained ornamental shrubbery consisting of pyracantha, acacia, honey mesquite and palo verde, from intrusion, a fence is proposed to link the project site's proposed southernmost wall and the Village Racquet Club's existing wall. This proposal comes forward from a request by the Village Racquet Club Homeowner's Association. A 6 1 condition of approval to this effect is included based upon a cooperative agreement between the two property owners. The overall landscape design proposal for the project site is a soft desert landscape theme with the inclusion of some turf areas. Drip systems will be installed to comply with low tolerant plant usage. The landscape concept presented in the Section 14 Master Plan proposes the following: Shade trees shall be planted in an informal pattern along the Ramon Road frontage (Figure 5-1 a, Figure 5-10 and Sec. 5.2.4). Drought tolerant plantings shall be planted along the curb and adjacent to the residential walls. ➢ All landscape design and plant material proposals shall be reflected from the guidelines in the Section 14 Master Plan, Section 7.3.1. ➢ A meandering jogging/pedestrian pathway shall be installed instead of the existing adjacent to curb sidewalk on Ramon Road. The meandering sidewalk pattern will match the contiguous sidewalk to the east (Figure 5-10 and Sec. 5.2.4). ➢ Shade trees shall be planted in a formal pattern along the Calle El Segundo frontage (Figure 5-1 a, Figure 5-16 and Sec. 5.2.8). The Ramon Road public right-of-way as presently dedicated includes a 9 foot wide adjacent to curb sidewalk. The meandering sidewalk will extend into the proposed development site beyond the limits of the public right-of-way. The project shall be conditioned necessitating the Home Owner's Association (HOA) to accept the maintenance of such sidewalk and landscaping beyond the public right-of-way. Additionally the project's HOA shall be conditioned to carry liability insurance. Staff is conditioning the project to utilize corner cutoffs in order to protect intersection visibility in regards to walls, fencing and landscaping per the City of Palm Springs Zoning Ordinance criteria Section 93.02.00D(1-6) at the intersection of Ramon Road and Calle El Segundo and the intersection of Calle El Segundo and Saturnino Road. V. ENVIRONMENTAL ANALYSIS Pursuant to the Tribal Environmental Protection Act (TEPA) a determination shall be made by the Tribal Council a the time of entitlement that the project is categorically exempt without further review. A finding shall be made that the project is consistent with the Section 14 Master Plan adopted by public referendum and certified November 1 30, 2004, that incorporated the adoption of the Section 14 Master Plan EIR/EIS. VI. TENTATIVE TRACT MAP NO. 33576 A tentative tract map has been prepared for the proposed project. It consists of one lot with total gross acreage of 11.65 acres. The gross acreage incorporates the public 7 1 ItlGlll CLLVAIIq]' I,I n I I�lnuu� III t .. 9n •, ._ i I I I ItI WI II V%I ION r I ,yO 7 NI I RON r l UNNi ION BUILDING Architectural Elevations and Floor Plans Exhibit H All tu, mp Li BUILDING A VELLAGE TIRAIDITICARS �n,l II✓'p ly'�' J .ICI y.� I I. RIG111 LLLVMIDN 1 LI"I rLIVAI1tN ll 1 .aL.dl :. 1 ri �r-., :n!'t•_:' .crs�i L..- _t..r_t4t,...J..,_,.r.v,........ ul:,ve rL rvn ury MONILISVUION BUILDING VILLAGE 1 L 0 la L Z" Nil JI U-41 13UILDING 13 VILLAGE WIN LLLi LIJ6V%l ION s� r � , . I RrnR W VA7RON ;tii'%�. :ir;�''•�".,'�f,I;..;;�M�,?rµr.-,�^";^�•-_-..�':r=: .'_i,. ,,'��i�, �;;fr:�:'-..s I'RONI FLMM ION 13UILDING C _ TRADITIONS II lar f, TI Mg eam- na ILI-1,1 113 IJLIJ TFIIJC11 W: BUILDING C 11 VILLAGE TRADITTURN nqn I 1 YYY'''AAA %•!�+'. rY ' ) t MY"it~ III ';r , IAGI I I LT LVAI101 ' 1 LLI CLLV.1noN r I rkf Isn_ RCARf.1.AMION 1 c .aI ,�nsvl t� 1 ROKI I I VAI ION 1 BUILDING D VILLAGE IIIIII Bw iftw� lln , Ili as rie P, A BUILDING D VILLAGE Gf 1 r.v ley r l far �at�f 111Wll 19 IM ON --- Al A r REAR FLEVID ION I I 1 li I� +ItiTn l 1 t Z I IIUNI PLfVAl111N COMMUNITY BUILDING VJI 19LAGll1J Color Scheme One Trim Color Stucco Color Accent �Color 2-Piece Clay Roofing low Ip Village TraditIORS D.L. Freeman, Inc./BBG ArcMtects Color and Miterial PaledLc Prepared by Am Matteson Consulting, Inc. c0ior Scheme Twe Utz n Color Stucco Color Accent Color IL 2-Piece Clay Roofing #V Village Traditions D.L. Freeman, Ine./BBG Architect-, Ie Color and MawrLil Palette Prepared by Ann Tkitteson Consulting, Inc. 1/31t2005 Color Scheme Three T viva K�' Ior Stucco Color AccLut Color 2-Piece Clay Roofing Ask, Aft 1444. jy V111age Traditto-fis D.L. Freeman, Inc./BBG Architerts Color and Material Palette Prepared by Ann lvlatteson Consulting, Inc. 1 Tzin,Color sw,cco Color 1 I ,Nccent I o➢or BMW �I :!-Piece My Roofing I� i W vnlf-age T➢radltOMS R D.L. Freeman, Inc./BBG Ai7ch teets Color and Material Palette Peepared by Ann Matteson Coasuld", Inc. -r-----—------ too It 4 ur L I HI J� y k 4L J k1i C RAN!"t,MIAD I-,-,r MARCII 1.2005 VILLAGE TRADITIONS SITE PLAN Landscape Plans Exhibit J ............. 7�r 'I k 6. I�Lu,f J.A F=q x CALLS FL SEGUNDO rEBRUARY IM VILLAGE TRADITIONS ENTRY PLAN u 1 1 M brol•:I-�,��,i �,_ -_i o.. 1 I all kk Lail u rromnaty sous ! VILLAGE TRADITIONS POOL PLAN u u u 1 � 1 u Yr .I uNr'�� ✓ Pl _ � ��Y — fin!' •• ''�' u J ' jI uti4j III ri —, fib 'gyp a i P t h m '�� ij• TA I. FEBRUARY 1005 l VILLAGE TRADITIONS `. ', .: TYPICAL BUILDING PLAN u u u u 1 - - CALLS EL SEGUNlO PLANT LEGEND u _ u u _ u u u u u VILLAGE TRADITIONS rEBRUARY 2NS PERIMETER STREE PLANTINGS d 'o TYPICAL PLAN u N 8 iiii® m ® iiim i� i� iii�a iii� iiiiiiii� �■ ® iiiio iiii� M r,!r:em oe vaV.relvr,Cq convR-oe Pft"n'M�Z sra nr ewfaavre TENTATIVE_ TRACT MAP NO. 33576 71 [I 1 r t e..e-� r ! � S� Ic� ' ' L �• I ..�.I*. ti Iryl -. , ''I te' ice � s.:�+e.Faa:sao�: 1 I I � I ---- - __________tI _ u� it I r. ;5 My ' �SANBDRN ,7 Inc - Tc'h'!:T1v�h1AP ST24CThp 3]Si5 �` •1� � � ..SSA��NNBBIIIORN - VIGGAOE TRaJITIoiJSLLc. Tentative Tract Map Exhibit K 1 street easements. Copies of the Tentative Tract Map were circulated to local utility companies for comment. SunLine Agency responded with a suggestion that a bus turnout is incorporated into the final design. A condition of approval for that consideration has been included. No other comments were received. VII. FISCAL IMPACT ANALYSIS It is determined that with the implementation of mitigation measures associated with the p Section 14 Master Plan EIR/EIS this project will have negligible additional impact on public services. Leaseholders on Indian properties pay "possessory interest" on the leasehold and the improvements made thereon. TUMF and School Fees associated with the construction process shall be paid per standard formula. Therefore the fiscal impact to the local economy will be beneficial with the incorporation of additional housing units on Reservation property. Lastly, the Agua Caliente Band of Cahuilla Indians has a strong history of contribution to the local economy. A summary of recent contributions is provided on Exhibit L. u u 0 v a 8 Tribal Donations to Police and Fire Departments Organization 2001 2002 2003 2004 2005 Total Palm Springs Mounted Police $ 35,000 $ 40,000 $ 20,000 $ 15,000 $ 20,000 $ 110,000 Palm Springs Police $ 96,000 $ 73,000 $ 60,000 $ 42,500 $ 10,000 $ 271,500 Palm Springs DARE Program $ 15,000 $ 30,000 $ 5,000 $ 45,000 Palm Springs Fireman's Assn. $ 10,000 $ 5,000 $ 10,000 Palm Springs Fire Department $100,000 $ 60,000 $ 80,000 $ 20,000 $ 240,000 Palm Springs Dispatch Center $ 35,000 $ 35,000 Palm Springs Citizen's Patrol $ 15,000 $ 3,000 $ 15,000 Palm Springs Fire Explorers $ 15,000 $ 15,000 Palm Springs Police Reserve $ 10,000 $ 5,000 $ 10,000 Palm Springs Activities League $ 5,000 $ 5,000 Palm Springs Police Assn. $ 5,000 $ 5,000 Grand Total $131,000 $238,000 $235,000 $147,500 $ 78,000 $ 829,500 Tribal Donations Table Exhibit L 1 u Exhibit D REVISED Planning Conditions of Approval Village Traditions Lease Project Landscape - General 1. Care shall be exercised in the positioning and selection of sprinklers so that they are correctly spaced and so as not to spray over or upon sidewalks, roads or other paved areas. 2. Large irrigation systems shall be equipped with a master valve which will automatically shut off the system if excessive flows (especially due to damaged sprinklers) occur. Catchment areas should be incorporated into the landscape design to accommodate overflows from occasional irrigation system malfunctions. 3. The use of drip irrigation and/or flow-compensated stream bubblers shall be utilized where applicable. 4. Planter beds and lawns shall be recessed below adjoining sidewalks and IQ other hardscape so as to contain irrigation water. Mounds shall be designed so {� as to prevent sheet-flow across hardscape areas. 5. The use of mulch shall be incorporated into the landscape plan to increase water absorption capacity of the soil where applicable. 6. Water pressure within irrigation systems shall be controlled so as to prevent drifting onto sidewalks, roads or bike paths during wind conditions. 7. Irrigation systems should be controlled to respect the irrigation zone (based on water use characteristics) they serve and to compensate for differences in exposure to sun and wind. Plantings should also be grouped according to their water use characteristics. 8. Landscape materials and irrigation system design shall consider the long term needs for maintenance, especially in regard to the design of small and irregularly-shaped areas. 9. Landscaped areas shall be designed in accordance with the City of Palm Springs Municipal Code Chapter 8.0 relating to water efficiency landscaping. u u u1 u uLandscape — Specific 10. Shade trees shall be planted in an informal pattern along the Ramon Road frontage per Section 14 Master Plan Figure 5-1 a, Figure 5-10 and Sec. 5.2.4. u 11. Drought tolerant planting shall be planted along the curbs and adjacent to the residential walls. 12. All landscape design and plant material proposals shall be reflected from the guidelines in the Section 14 Master Plan, Section 7.3.1. 13. A meandering jogging/pedestrian pathway shall be installed instead of the existing adjacent to curb sidewalk on the north side of Ramon Road. The meandering sidewalk pattern will match the contiguous sidewalk to the east. See the Section 14 Master Plan Figure 5-10 and Sec. 5.2.4 for guidelines. 14. The right-of-way on Calle El Segundo shall include a four foot wide adjacent to curb planter and a five foot wide pedestrian walkway adjacent to the planter. 15. Shade trees shall be planted in a formal pattern along the Calle El Segundo frontage per the Section 14 Master Plan Figure 5-1 a, Figure 5-16 and 5.2.8. 16. Turf areas shall be located only in areas of maximum human contact, such as in recreation and sports areas or areas of heavy foot traffic in order to conserve water used for irrigation and therefore groundwater supplies. Large, nonfunctional turf areas such as those fronting roadways shall be not be permitted. 17. The project proponents shall enter into a cooperative agreement with the Village Racquet Club Home Owner's Association per mutual agreement in order to construct off-site fencing on the southern most property line linking the proposed project's southern wall to the adjacent property's wall in order to protect the unmaintained shrubbery from intrusion and continue to maintain it's purpose as a sight screen between the properties. 18. The meandering sidewalk adjacent to Saturnino Road shall be designed to avoid as many of the existing Palo Verde trees as possible. 19. Pedestrian access gates shall be incorporated into the walls fronting Ramon Road and Calle El Segundo. Gate design shall be submitted with final landscape plan for staff review and approval. u u u2 20. The landscape plan shall be flexible in regards to placement of trees between Buildings B and the eastern property boundary in order to create privacy I� screens for the balconies and patios. I� Circulation 21. Parking spaces shall incorporate seven handicap accessible spaces. Each recreation area on the north and south ends of the project shall convert two traditional parking spaces adjacent to each recreation area to one accessible space. The centrally located recreation area with pool and recreation building shall be required to include accessible parking and ADA compliant common facilities. 22. The following recommendations included in the El Segundo Residential Tract Traffic Impact Study shall be adhered to: 22.a. The project proponent shall dedicate appropriate right-of-way to the City of Palm Springs to accommodate the ultimate improvement of Calle El Segundo, Ramon Road and Saturnino Road adjacent to the project site. 22.b. The intersection of Calle El Segundo and Ramon Road could be signalized as a "tee" intersection or a four-legged intersection with Calle Abronia. It is recommended that this intersection be signalized as a four- legged intersection to mitigate potentially adverse impacts on left-turn access at Calle Abronia. The project applicant should contribute on a "fair u share' basis (5.9%) to the cost of this future traffic signal and its coordination with other synchronized traffic signals along Ramon Road. 22.c. The proposed site driveway shall be controlled by a stop sign facing departing motorists. Adequate queuing capacity must be provided for both inbound and outbound vehicles to facilitate safe and efficient movement between Calle El Segundo and the proposed development. A turn around in advance of the gate shall be necessary for those who inadvertently turn into the access. 22.d. The proposed site access shall provide sufficient sight distance to ensure that vehicles departing the site can safely enter the flow of traffic on Calle El Segundo. 22.e. The emergency access on Ramon Road shall be gated and signed as an emergency access only. Q 22.f. Off-street parking shall be provided on-site to meet the requirements of the Palm Springs Municipal Code. p3 22.g. The project proponent shall implement master planned bikeways adjacent to the site on Ramon Road and Saturnino Road. 22.h. The project proponent shall coordinate with SunLine Transit Agency regarding the need for public transit facilities adjacent to the project site. n Biology �e 23. Prior to grading and/or construction, in order to provide direct avoidance to the burrowing owl, that is designated as a Tribal sensitive species, the relocation 11 of individual owls on the site shall occur by protocol set forth in the California Il Department of Fish and Game Staff Report on Borrowing Owl Mitigation or other protocol accepted and approved at the time of relocation. 24. Prior to issuance of grading permits, the applicant shall pay $800.00 per acre ($9,320.00) Valley Floor Conservation Area fee as required by the THCP. aCultural 25. Should cultural resources be encountered during the construction of any of the facilities discussed in this document, work shall immediately cease and a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), BIA, the Tribe and the City, and resolved to their satisfaction. 26. Given that buried resources may be present beneath the ground surface, A an Approved Cultural Resource Monitor shall be present during all survey and/or ground disturbing activities. Should buried cultural deposits be encountered, the Monitor shall have the authority to halt destructive construction and shall notify a qualified archaeologist to investigate and, if necessary, to prepare a treatment plan for submission to the State Historic Preservation Officer and/or the Agua Caliente Cultural Resource Coordinator for approval. 27. Two copies of all cultural resource documentation, including site records, survey reports generated in connection with this project, other reports of investigation, record search results, maps, and site records/updates shall be forwarded to the THPO, for inclusion in the Agua Caliente Register. Air Quality 28. Compliance with the provisions of Chapter 8.50 of the Palm Springs Municipal Code that establishes minimum requirements for construction activities to reduce fugitive dust and PM emissions. A plan to control fugitive dust through implementation of reasonable available dust control measures shall be prepared 4 1 and submitted to the Tribal Planning, Building & Engineering Department for approval prior to the issuance of any grading permits associated with the project. The plan shall specify the fugitive dust control measures to be employed. 29. SCAQMD Rule 403 shall be adhered to, ensuring the clean up of construction-related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emission source. Particulate matter deposits on public roadways are also prohibited. 30. A suitable dust control deposit shall be required and made payable to the 1 Tribe prior to issuance of grading permits. 31. Adequate watering techniques shall be employed to partially mitigate the impact of construction-generated dust particulates. Portions of the project site that are under-going earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day. 32. Any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. 33. Any construction access roads (other than temporary access roads) shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved roads shall be 15 mph. 34. Grading operations shall be suspended during first and second stage ozone episodes or when winds exceed 25 mph, per the PM SIP. 35. Construction personnel shall be informed of ridesharing and transit opportunities. 36. Construction parking shall be configured to minimize traffic interference. 37. Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through-traffic lanes. 38. If possible, activities should be scheduled to occur first on the upwind portion of each development site to reduce the potential for blowsand and fugitive dust impacts in the downwind areas. 5 Geology and Soils 39. A copy of the geotechnical report conducted by Earth Systems Southwest shall be submitted to the Tribal Building Department at the time of grading plan submissions. 40. Structures will be designed according to current structural standards for seismically active areas per Tribal Building Code. 41. Permanent structures to be constructed on the project site will be designed by a qualified professional aware of the proposed project's seismic setting. A geotechnical engineer will be retained to provide input for foundation design. ' 42. Recompacted soil mats will be constructed beneath all foundations and slabs-on-grade to decrease the potential for consolidation and to provide a more uniform and firm weight-bearing support for the proposed structures. Public Utilities and Services 43. The project shall comply with the City's policies regarding police protection as listed in Sections 6.11, 6.12, 6.13 and 6.14 of the City of Palm Springs General Plan. 44. The project will require five on-site fire hydrants and two off-site hydrants. The location of those hydrants shall be indicated on the final tract map and on the construction site plan. The fire hydrants shall be in place and operable before the issuance of building permits. 45. If new sewer collector lines are required in order to adequately serve this project they must be approved by the City of Palm Springs in compliance with their Sewer Master Plan. 46. Sewer facilities shall be designed and constructed in accordance with the City of Palm Springs standards and specifications, American Waterworks Association, American National Standards Institute and the Standards Specifications for Public Works Construction. 47. The capital costs of on-site and off-site facilities necessary to serve individual project sites shall be the responsibility of the applicant. Such facilities shall be dedicated to the City, after construction, for maintenance and operation. Where such facilities must extend beyond the project site to link into existing facilities, a reimbursement agreement can be formulated with the City of Palm QSprings to reimburse the applicant for costs. 6 48. The City and the Tribe shall not approve residential projects within Section 14 unless assurance is received from the School District regarding provisions of school service to protect residents. General 49. Construction phasing shall start in the northwest corner of the project site and proceed around the project site in a clockwise direction. 50. A pre-designated contact person shall be responsible to field any complaints relating to the construction process. That person's name and phone number shall be made available to all adjacent property owners. I� 51. 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 ,o services and recreation, library, cultural services are near capacity. Accordingly, ■� the City may determine to form a Community Services District under the authority of Government C. Section 53311 et seq, or other appropriate statutory of municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. 52. The proposed project shall comply with the City's night sky ordinance by maintaining the standards of lighting detailed in Section 93.21.00 of the Palm Springs Zoning Ordinance. In Lieu Contributions 53. Development under the Specific Plan would abide by the City's General Plan Policy 10.3.3, that calls for the dedication of park lands or the payment of fees to the City for the development of new park facilities via contribution of $6,000.00 per unit to the City at the time of sale. 54. The public arts contribution of$54,968.70 shall be paid to the City or an in lieu equivalent public art piece consistent with other areas of the City shall be provided. 55. Digital versions of as-built plans shall be provided for City files in lieu of City review of construction documents. 56. In lieu of the Transportation Uniform Mitigation Fee, $65,722.32 shall be contributed to the Regional Traffic Improvements program. 7 rREMED Eng4neering Conditions of Ajppro vat Village Traditions Lease Project (Allotments: T-83A, T89A, T-111A, T-398 and T-77A) 1. The lessee shall defend, indemnify, and hold harmless the Agua Caliente Band of Cahuilla Indians, its agents, officers, and employees from any claim, action or proceeding against the Tribe or its agents, officers or employees attributed to or resulting from any action associated with securing approvals, construction permits, or owner's consent for filing a Final Map for the contemplated project. The indemnification certificate shall take the following form: INDEMNIFICATION AND HOLD HARMLESS AGREEMENT lessee under PSL shall indemnify, and agrees to hold harmless, the Agua Caliente Band of Cahuilla Indians, its officers, agents, designees or employees against any and all claims for damages to persons or property arising out of errors or omissions, or other such wrongful acts attributed to or resulting from any action associated with securing approvals, construction permits or owner's consent for filing a Final Map for the project contemplated by PSL The lessee acknowledges and affirms that the lessee is solely responsible for the actions of, it's consultants, employees, agents, subconsultants, or such others as may provide assistance with, or provide work product to lessee in conjunction with execution of the work provided for in meeting the conditions of approval associated with Tribal Planning Application Lessee's indemnification shall include all costs, attorney's fees and ancillary expenses for any liability incurred by Agua Caliente Band of Cahuilla Indians in defending against such claims, whether the same proceed to judgment or not. Further, lessee shall, at lessee's own expense and upon request by Agua Caliente Band of Cahuilla Indians, defend any such suit or action brought against Agua Caliente Band of Cahuilla Indians resulting from, or arising from, the tortious acts, errors or omissions, or negligence of lessee. Lessee's indemnification of Agua Caliente Band of Cahuilla Indians in conjunction with the performance of the work provided for in this agreement shall not be limited by any prior or subsequent declaration by the Consultant. Q (Lessee signature block) Attach Proper Notary Acknowledgement N 2. The lessee and all successors or assignees in interest to PSL shall maintain and repair the improvements constructed in conjunction with Tribal Planning Application including and without limitation, sidewalks, f bikeways, parking areas, landscapes, irrigations, lighting, signs, walls, and fences between the curb and net leasehold limit line, including facilities that may be located within public rights-of-way that extend onto the net leasehold and those publicly accessible facilities that extend beyond the limits of the public right-of-way, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all I� federal, and local bodies and agencies having jurisdiction at lessee's sole expense. 3. The lessee shall provide liability insurance in the amount of with an escalation clause providing for an annualized increase in coverage equal to or greater than the minimum annual escalation for ground lease payments. The lessee shall maintain, or cause to be maintained, said liability insurance by the lessee, their successors or assignees in interest for the duration of PSL_. Said liability insurance shall indemnify the Agua Caliente Band of Cahuilla Indians and the City of Palm Springs against any and all claims that may be associated with public use of sidewalk and parkway facilities so constructed and so maintained by the lessee that abut or are adjacent to public right-of-way corridors. The Agua Caliente Band of Cahuilla Indians and the City of Palm Springs shall be included as "also named" on the policy. This condition shall be included in the recorded sublease covenant agreement for the leasehold. 4. The lessee shall be responsible for the maintenance of both sides of the drainage ditch traversing the north portion or the leasehold to the satisfaction of the Tribe. This condition shall be included in the recorded sublease covenant 1! agreement for the leasehold. u 5. Prior to recordation of the Final Map, the lessee shall complete submittals and approvals of a sublease covenant agreement satisfactory to the Tribe. The sublease covenant agreement shall not be amended without the approval of the bribe in accordance with the terms of PSL 6. Prior to issuance of a grading permit, a site specific Fugitive Dust and Storm Water Pollution Prevention Plan shall be submitted and approved by Tribal Planning. 7'. Parking and waste disposal facilities shall be provided to the satisfaction of Tribal Planning. Individual sublease units shall have enclosed garages with minimum interior dimensions of 22 feet wide by 22 feet deep. 8. On site circulation elements shall be constructed to conform with local fire department requirements. Minimum two way transit corridor width shall be 24 feet clear. 9. The lessee shall prepare a site specific soils report, h drolo parking and circulation report for review and a p Y 9Y report and approval to the satisfaction of Tribal 2 Planning at the submittal of Final Map and prior to consideration of grading or building plan submittals for the project. Approved recommendations and conclusions shall be incorporated into the design and construction of leasehold improvements to the satisfaction of Tribal Planning. 10. Drainage swales constructed within parking areas and travelways with less than 1% gradient shall be constructed with portland cement concrete pavement with a minimum width of 3 feet and maximum side slope of 5%. Widths of concrete drainage swales shall be designed to contain Q10, minimum, within the conveyance structure. f11. On site pavements shall be designed in accordance with Caltrans pavement design or equivalent approved methodology. Minimum TI for on site parking and travelways shall be 5. On site pavement shall be a minimum of 2 inches of asphalt concrete or 6 inches of portland cement concrete. Subgrade base materials shall have a minimum R value of 78. Base materials under travelways shall be compacted to a minimum relative compaction of 95% per ASTM D 1557. 12. Trash containment facilities shall be paved with portland cement concrete. A minimum 10 foot wide 8 inch thick cement concrete loading apron, reinforced with grade 60 steel #4 deformed reinforcement bar, 18 inches on center each way, minimum, shall be provided in front of each trash container facility. The loading apron shall be doweled into the trash containment pad with %2 inch, smooth, grade 60, dowels a minimum of 12 inches each side of join. 113. Surface paving material may not be placed prior to written approval by Tribal Planning of an on-site compaction test report. On-site compaction test report submittals shall be accompanied by a site map indicating the approximate location of each test location. Test locations shall be cross indexed with individual test data. Q14. Trench backfill for private water, sewer and utility trenches shall be compacted to a minimum relative compaction of 90% above the pipe zone to an elevation of one foot below rough grade and 95% in the top one foot of fill. Testing shall be in accordance with ASTM D 1557. 15. On site wet and dry utility pipe shall conform to the requirements of the local utility provider and to the satisfaction of Tribal Planning. Water valves, valve spacing, valve covers, backflow devices, pressure regulators, post indicators, fire connection hydrants, blow offs, vacuum breakers and thrust blocks shall be constructed in accordance with Desert Water Agency criteria subject to the satisfaction of Tribal Planning. On site sewer pipe, laterals, manholes, manhole covers and all ancillary sewer facilities shall be constructed in accordance with City of Palm Springs criteria subject to the satisfaction of Tribal Planning. 3 14. On site storm drain pipe larger than 18 inches in diameter shall be Reinforced Concrete Pope. RCP classifications shall be in accordance with depth of burial per manufacturer's recommendations. PVC and ABS pipe runs shall have a minimum cover of 18 inches below rough grade in all on site parking areas and travelways. 15. On site storm water retention facilities shall be designed to retain 0100 on site in accordance with City of Palm Springs design criteria subject to the satisfaction of Tribal Planning. Package design retention structures shall be designed and installed in accordance with manufacture's recommendations subject to the satisfaction of Tribal Planning. '16. All curb grade and street improvements located within public right-of-way shall be designed, constructed and permitted in accordance with City of Palm Springs criteria and requirements. 117. Off site traffic and circulation elements shall be designed, constructed and permitted in accordance with City of Palm Springs criteria and requirements. 18. On site landscaping, fencing, flatwork, lighting and decorative structures shall be constructed, maintained and designed in accordance with Caltrans design criteria for vertical and horizontal sight distances to the satisfaction of Tribal Planning. 19. All construction and materials used on the project shall be subject to the latest edition of the Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code and National Fire Code to the satisfaction of Tribal Planning. 20. A Final Map, suitable for recordation with the County Recorder shall be prepared in accordance with applicable provisions of the State of California Subdivision Map Act and in accordance with the Tribal/City of Palm Springs land use agreement to the satisfaction of Tribal Planning . 21. A Title Report prepared for subdivision guarantee for the subject property, with traverse closures for the existing parcel and all discrete financial units created therefrom, and copies of all associated record documents shall be submitted with the Final Map to Tribal Planning as part of the first review of the Final Map. The Final Map shall be approved by Tribal Council prior to conveying Tribal Council consent to record the Final Map to the Bureau of Indian Affairs, Palm Springs Agency, for signature consent per Section 66430 of the Subdivision Map Act. ' 4 22. The owner's certificate shall take the following form: OWNER'S CERTIFICATE IN ACCORDANCE WITH THE CODE OF FEDERAL REGULATIONS TITLE 25- INDIANS, THE UNITED STATES OF AMERICA, AS OWNER IN FEE OF THE LANDS INCLUDED WITHIN THE DISTINCTIVE BORDERS OF THIS MAP, AND LESSOR, AND SAID LAND UNDER INDIAN LAND LEASE PSL LESSEE, RESPECTIVELY, OF AS APPROVED BY THE UNITED STATES DEPARTMENT OF INTERIOR, BUREAU OF INDIAN AFFAIRS ON AND RECORDED AS INSTRUMENT NO. OF THE OFFICIAL RECORDS OF THE COUNTY OF RIVERSIDE, ALL HAVING SOME RIGHT, TITLE, OR INTEREST THEREIN, CERTIFY THAT THEY ARE THE ONLY PARTIES WHOSE CONSENTS ARE NECESSARY TO EXECUTE, APPPPOVE AND DELIVER ANY AND ALL SUBLEASES, ASSIGNMENTS, AGREEMENTS, MORTGAGES, DEEDS OF TRUST AND ALL ACTS NECESSARY OR INCIDENTAL IN AND TO SAID LAND AND THE DEVELOPEMENT AND IMPROVEMENT THEREOF. ALL HEREBY CONSENT TO THE MAKING AND RECORDING OF THIS MAP AND SUBDIVISION FOR LEASE PURPOSES ON THIS LAND AS SHOWN WITHIN THE DISTINCTIVE BORDER LINES OF THIS MAP. THERE IS NO OFFER OF, OR DEDICATION HEREIN, OF ANY PART OF SAID LAND 'p FOR PUBLIC USE BY THE UNITED STATES OF AMERICA EXCEPT SUCH Y PORTIONS THEREOF HERETOFORE, OR HEREAFTER, GRANTED PURSUANT TO THE AUTHORITY GRANTED TO THE SUPERINTENDENT, PALM SPRINGS AGENCY, BUREAU OF INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR PURSUANT TO SECRETARIAL ORDER 2508.20 F.R. 67-168 OR ANY OTHER ORDERS AND ACTS PERTAINING THERETO. N THE UNITED STATES OF AMERICA ALLOTEE KIM SNYDER, SUPERINTENDENT (PRINTED NAME) PALM SPRINGS AGENCY (ENROLLMENT NUMBER) BUREAU OF INDIAN AFFAIRS LESSEE UNDER LAND LEASE PSL APPROVED BY THE UNITED STAT SEDEPAR MENTIAN OF N INTERIOR, BUREAU OF INDIAN AFFAIRS ON 23. All right-of-way applications shall be separately processed in accordance with 25 CFR. Right-of-way documents shall clearly identify the underlying 5 Allotment in accordance with the description contained in the Lessor's deed and shall contain a reversionary clause similar to the following: "This easement, and all rights thereto, shall revert to the grantor at the termination of the leasehold as commemorated in PSL recorded 2006 as document number of the official records of the County of Riverside. Said leasehold being for an initial term of years commencing on 1 2006 and renewable for an additional years in accordance with the terms of said lease." 24. Performance and payment bonds for the benefit of the City of Palm Springs and Desert Water Agency and any other public utility requiring such bonding for work proposed within public right-of-way shall be posted by the lessee. The lessee shall provide a letter of acceptance from such public entities to Tribal uPlanning prior to submittal of the Final Map for consideration by Tribal Council. 25. The lessee shall provide written acknowledgement from the Bureau of Indian Affairs, Palm Springs Agency that the bonding requirements of PSL have been met to the satisfaction of the Bureau of Indian Affairs prior to submittal of the Final Map for consideration by Tribal Council. 26. The lessee shall pay all regional impact fees and school fees assessable to the project on a per condominium basis prior to receiving owner's consent to record the Final Map. 27. Editorial modification to the Traffic Study as per requested by the City of .■ Palm Springs Public Works Department regarding project description dates, Yinclusion of information that appeared unnecessary being deleted and the inclusion of 2003 peak hour traffic count data. v28. The Ramon Road traffic signal (required per Traffic Study) shall be interconnected with existing signals to allow a cycle length of 80 seconds consistently. 'I 6