HomeMy WebLinkAbout6/18/2008 - STAFF REPORTS - 4.A. Page 1 of 1
Dolores Strickstein
From: nixmacl@aol.com
Sent: Wednesday, June 18, 2008 10:54 AM
To: Steve.Pougnet@palmsprings-Ga.gov; Ginny.Foat@palmsprings-ca.gov;
Rick.Hutcheson@palmsprings-ca.gov; Chris.Mills@palmsprings-ca.gov: Lee.Wiegel@palmsprings-
ca.gov
Cc: CityClcrk@palmsprings-ca.gov
Subject: Fwd: Rough draft
June 18th 2008
Honorable Mayor and City Council,
On behalf of the Friends of Palm Springs Mountains, we respectfully request your denial of a one year
extension to Agenda Item#4A for the approval of 75 single family residences and 155 town homes, to
be located on 80 acres on the environmentally sensitive area located on the west side of south Pahn
Canyon and south Bogert Trail.
As you are keenly aware, Friends, along with many supporters, feel that our sensitive mountain foothills
and alluvial fans demand a higher standard of development. These standards, to a certain degree, have
been set Corth in the BSA-SP Chino Canyon Ordinance. We believe that the Conditions of Approval
should require conformance with this Ordinance due to its sensitive location and the extensive damage
occurmg on the hillside under the current COA's. hock crushing and blasting should also be banned to
protect the neighbors from the intolerable noise and detrimental effects to the air quality which will
occur as the project currently stands if approved.
A personal thanks to Mr. Wiegel for addressing the issue of automatically renewing development
agreement extensions. This has opened up a legally acceptable door to make sensitive changes to the
various projects that are seeking extensions.
We thank you for your consideration.
Sincerely,
Nickie McLaughlin
On behalf of the Board of Friends of Palm Springs Mountains
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6/18/2008
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9`'F°Re�P CITY COUNCIL STAFF REPORT
DATE: June 4, 2008 CONSENT CALENDAR
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SUBJECT: REQUEST BY LARRY MATHENA OF CT-EAGLE MEMBER, LLC, FOR A
ONE-YEAR TIME EXTENSION FROM JULY 5, 2008 TO JULY 4, 2009
FOR TENTATIVE TRACT MAP 30047, A PREVIOUSLY APPROVED
SUBDIVISION OF APPROXIMATELY 80-ACRE PARCEL FOR 75
SINGLE-FAMILY RESIDENTIAL LOTS AND 155 TOWNHOMES
LOCATED AT THE WEST SIDE OF SOUTH PALM CANYON DRIVE
AND SOUTH OF BOGERT TRAIL, ZONE PD-317, SECTION 34.
FROM: David H. Ready, City Manager
BY: Planning Services Department
SUMMARY
Larry Mathena of CT-Eagle has requested a one-year time extension for Tentative Tract
Map 30047 (TTM 30047). The property is located at the west side of South Palm
Canyon Drive and south of Bogert Trail. The previously approved subdivision will expire
on July 4, 2008.
RECOMMENDATION
1. Adopt Resolution No. , "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A ONE-YEAR TIME
EXTENSION FROM JULY 5, 2008 TO JULY 4, 2009 FOR CASE NO. TTM 30047, A
PREVIOUSLY APPROVED SUBDIVISION OF APPROXIMATELY 80-ACRE PARCEL
FOR 75 SINGLE-FAMILY RESIDENTIAL LOTS AND 155 TOWNHOMES LOCATED
AT THE WEST SIDE OF SOUTH PALM CANYON DRIVE, AND SOUTH OF BOGERT
TRAIL, ZONE PD-317, SECTION 34."
PRIOR ACTIONS:
On May 14, 2006, the Planning Commission voted to recommend approval of Case
Nos. 5.1070 / PD 317 /TTM 30047 to the City Council,
ITEM NO.
City Council Staff Report June 4, 2008
TTM 30047/ PD 317 Time Extension Page 2 of 3
On July 5, 2006, the City Council voted to certify the addendum to the Final EIR and
approve Case Nos. 5.1070 / PD 317 / TTM 30047.
On April 23, 2008, the Planning Commission recommended approval of a one-year time
extension of the project to the City Council by a vote of 6-0-1 (Conrad, absent), with the
following amendments to the conditions of approval:
29a. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing
shall be installed. Fencing shall have screening that is tan in color; green
screening will not be allowed. Perimeter fencing shall be installed after issuance
of Grading Permit, and immediately prior to commencement of grading
operations.
29b. Perimeter fence screening shall be appropriately maintained, as required by the
City Engineer. Cuts (vents) made into the perimeter fence screening shall not be
allowed. Perimeter fencing shall be adequately anchored into the ground to
resist wind loading.
29c. Within 10 days of ceasing all construction activity and when construction
activities are not scheduled to occur for at least 30 days, the disturbed areas on-
site shall be permanently stabilized, in accordance with Palm Springs Municipal
Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter
fencing shall be removed, as required by the City Engineer.
BACKGROUND AND SETTING
The applicant submitted the time extension request before the expiration date of the
tentative tract map. According to the applicant, "the delay has been caused by the
complex and complicated drainage and infrastructure improvements required for the
site
Section 94.03.00(H) of the Zoning Code states that extensions of time for a TTM may
be allowed by demonstration of good cause. According to Chapter 9.63.110 of the
Municipal Code, there are no specific findings or determinations that need to be made
to grant the time extension for the map. The Municipal Code does limit all time
extensions to one-year and that requirement is being carried forward in staffs
recommendation.
In reviewing the time extension request, staff considered if the following circumstances
have changed such that the project's approval might need reconsideration:
• The project's overall plan and lot configuration,
• The uses and development of the surrounding area, and
• The applicable policies of the General Plan, zoning ordinance and other
regulations.
000002
City Council Staff Report June 4, 2008
TTM 30047/ PD 317 Time Extension Page 3 of 3
Staff has reviewed the project, surrounding area and underlying zoning regulations and
determined that no significant changes have occurred that would suggest that the
project is no longer in keeping with the neighborhood or the City's development policies.
ENVIRONMENTAL ASSESSMENT
The time extension request is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"); an addendum to a Final EIR for the
Eagle Canyon project was previously certified by the City Council on July 5, 2006. The
preparation of additional environmental documentation is not necessary because there
are no changed circumstances related to the project that will result in any new
significant environmental effects or a substantial increase in the severity of previously
identified significant effects. Therefore, the proposed Time Extension could not result in
any new environmental impacts beyond those already assessed in the previously
certified addendum to the Final EIR.
NOTIFICATION
Requests for time extensions do not require public notice.
FISCAL IMPACT
No fiscal impact.
-' / Q �� ��..
�E>a g ing, AIC homas J. VWj�-lson
Dir of Planni ervices Assistant City Manager
David H. Ready
City Manager
ATTACHMENTS
1. Vicinity Map
2. Draft Resolution & Amended Conditions of Approval
3. Planning Commission Minutes excerpts dated May 14, 2008
4. Planning Commission Memorandum dated May 14, 2008
5. Planning Commission Staff Report & Resolution dated April 23, 2008
6. Applicant's Letter of Request
000093
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CITY OF PALM SPRINGS
DESCRIPTION: A request by Larry Mathena for CR-
CASE NO: 5.1070 / PD-317/ Eagle Member LLC for a one-year time extension for the
TTM 30047 Planned Development District 317 and Tentative Tract Map
30047 (Eagle Canyon Project), a previously approved
APPLICANT: Larry Mathena for CT- subdivision of 80 acres of a 117-acre parcel into 75 single-
Eagle Member LLC family residences, 155 townhomes and an activity center at
the west side of South Palm Canyon Drive, on both sides
of Bogert Trail (extended), Zone SP-1 & W-R-1-A, Section
34.
� DI�O�i4
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING A ONE-
YEAR TIME EXTENSION FROM JULY 5, 2008 TO JULY 4,
2009 FOR CASE NO. TTM 30047, A PREVIOUSLY
APPROVED SUBDIVISION OF APPROXIMATELY 80-
ACRE PARCEL FOR 75 SINGLE-FAMILY RESIDENTIAL
LOTS AND 155 TOWNHOMES LOCATED AT THE WEST
SIDE OF SOUTH PALM CANYON DRIVE, AND SOUTH OF
BOGERT TRAIL, ZONE PD-317, SECTION 34.
WHEREAS, Larry Mathena for CR-Eagle Member LLC, ("Applicant") has filed an
application with the City pursuant to Chapter 9.63.110 of the Palm Springs Municipal
Code for a one-year time extension for Case No. 5.1070 / TTM 30047 / PD 317, a
previously approved subdivision of 80 acres; and
WHEREAS, on May 14, 2008, the Planning Commission held a public meeting and
voted to recommend that the City Council approve a one-year time extension for the
project from July 5, 2008 to July 5, 2009; and
WHEREAS, on June 4, 2008, the City Council held a public meeting to consider the
applicant's request for a one-year time extension of 5.1070 /TTM 30047 / PD 317; and
WHEREAS, the proposed project is considered a "project' pursuant to the terms of the
California Environmental Quality Act (CEQA); and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the project, including but not limited to the
staff report and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: The extension request is considered a "project" pursuant to the terms of
the California Environmental Quality Act ("CEQA"); an addendum to a
Final EIR for the Eagle Canyon project, was previously certified by the City
Council on July 5, 2006. The preparation of additional environmental
documentation is not necessary because there are no changed
circumstances related to the project that will result in any new significant
environmental effects or a substantial increase in the severity of previously
identified significant effects.
Section 2: Approve a one-year time extension from July 5, 2008 to July 4, 2009 for
Case No. 5.1070 / TTM 30047 / PD 317 a previously approved subdivision
000005
of 80 acres for the subdivision of 75 single-family residential lots and 155
town homes.
ADOPTED THIS 4th day of June, 2008.
David H. Ready, City Manager
ATTEST:
James Thompson, City Clerk
0000�s
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
Case No. 5.1070 — PD-317, TTM 30047
The Eagle Canyon
West side of South Palm Canyon Drive at Bogert Trail
REVISED
APPROVED CONDITIONS OF APPROVAL
June 4, 2008
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police,
the Fire Chief or their designee, depending on which department recommended the
condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
PROJECT SPECIFIC CONDITIONS
Administrative
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void
or annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Case 5.1070 Tentative Tract Map
30047 PD-317. The City of Palm Springs will promptly notify the applicant of any
such claim, action, or proceeding against the City of Palm Springs and the
applicant will either undertake defense of the matter and pay the City's associated
legal costs or will advance funds to pay for defense of the matter by the City
Attorney. If the City of Palm Springs fails to promptly notify the applicant of any
such claim, action or proceeding or fails to cooperate fully in the defense, the
applicant shall not, thereafter, be responsible to defend, indemnify, or hold
harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains
the right to settle or abandon the matter without the applicant's consent but should
it do so, the City shall waive the indemnification herein, except, the City's decision
0006 ,58
Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
Page 2 June 4, 2008
to settle or abandon a matter following an adverse judgment or failure to appeal,
shall not cause a waiver of the indemnification rights herein-
3- That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation sidewalks,
bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and
fences between the curb and property line, including sidewalk or bikeway
easement areas that extend onto private property, in a first class condition, free
from waste and debris, and in accordance with all applicable law, rules, ordinances
and regulations of all federal, state, and local bodies and agencies having
jurisdiction at the property owner's sole expense. This condition shall be included
in the recorded covenant agreement for the property if required by the City.
4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required.
This project has a de minimus impact on fish and wildlife, and a Certificate of Fee
Exemption shall be completed by the City and two copies filed with the County
Clerk. This application shall not be final until such fee is paid and the Certificate of
Fee Exemption is filed. Fee shall in the form of a money order or cashier's check
payable to Riverside County.
5. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total
building permit valuation as calculated pursuant to the valuation table in the
Uniform Building Code, the fee being 1/2% for commercial or industrial projects,
1/4% for new residential subdivisions, or 1/4% for new individual single-family
residential units constructed on a lot located in an existing subdivision with first
$100,000 of total building permit valuation for individual single-family units exempt.
Should the public art be located on the project site, said location shall be reviewed
and approved by the Director of Planning Services and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland. The applicant shall
submit a property appraisal to the Planning Services Department for the purposes
of calculating the Park Fee. The Park Fee payment and/or parkland dedication
shall be completed prior to the issuance of building permits.
Q00M
Conditions of Approval Case No 5.1070 Tentative Tract Map 30047
Page 3 June 4, 2008
Environmental Assessment
7. The mitigation measures of the Addendum to Canyon Park Specific Plan EIR
shall apply. The applicant shall submit a signed agreement that the mitigation
measures will be included in the Planning Commission consideration of the
environmental assessment. Mitigation measures are included in the EIR
Addendum, and hereby incorporated into these conditions by reference.
8. The developer shall reimburse the City for the City's costs incurred in monitoring
the developer's compliance with the conditions of approval and mitigation
monitoring program, including, but not limited to inspections and review of
developers operations and activities for compliance with all applicable dust and
noise operations, and cultural resource mitigation. This condition of approval is
supplemental and in addition to normal building permit and public improvement
permits that may be required pursuant to the Palm Springs Municipal Code.
CC&R's
9. The applicant prior to issuance of building permits shall submit three (3) sets of a
draft declaration of covenants, conditions and restrictions ("CC&R's") to the
Director of Planning Services for approval in a form to be approved by the City
Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be
submitted with a list of the adopted conditions of approval and an indication of
where applicable conditions are addressed in the CC&Rs. The CC&R's shall be
enforceable by the City, shall not be amended without City approval, and shall
require maintenance of all property in a good condition and in accordance with all
ordinances.
10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$2000, for the review of the CC&R's by the City Attorney. A filing fee, in
accordance with the fee schedule adopted by the City Council, shall also be paid
to the City Planning Services Department for administrative review purposes.
Final Design
11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be
submitted for approval by the Department of Planning Services, prior to issuance
of a building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Office prior to submittal. All landscaping located
within the public right of way or within community facilities districts must be
approved by the Public Works Director and the Director of Parks and Recreation.
12, The final development plans shall be submitted in accordance with Section
94.03.00 of the Zoning Ordinance. Final development plans shall include site
000010
Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
Page 4 June 4, 2008
plans, building elevations, floor plans, roof plans, grading plans, landscape plans,
irrigation plans, exterior lighting plans, sign program, mitigation monitoring
program, site cross sections, property development standards and other such
documents as required by the Planning Commission. Final development plans
shall be submitted within two (2) years of the approval of the tentative tract map.
13. An exterior lighting plan in accordance with zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning Services prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to issuance of a building permit.
If lights are proposed to be mounted on buildings, down-lights shall be utilized.
No lighting of the hillside is permitted.
Public Safety CFD
14. The Project will bring a significant number of additional residents to the community.
The City's existing public safety and recreation services, including police
protection, criminal justice, fire protection and suppression, ambulance, paramedic,
and other safety services and recreation, library, cultural services are near
capacity. Accordingly, the City may determine to form a Community Services
District under the authority of Government Code Section 53311 et seq., or other
appropriate statutory or municipal authority. Developer agrees to support the
formation of such assessment district and shall waive any right to protest, provided
that the amount of such assessment shall be established through appropriate
study and shall not exceed $500 annually with a consumer price index escalator.
The district shall be formed prior to sale of any lots or a covenant agreement shall
be recorded against each parcel, permitting incorporation of the parcel in the
district.
General Conditions/Code Requirements
15. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning Services for review and approval
prior to the issuance of a building permit Refer to Chapter 8.60 of the Municipal
Code for specific requirements.
16. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter 8.50
of the Municipal Code for specific requirements.
17. The grading plan shall show the disposition of all cut and fill materials. Limits of
site disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
Conditions of Approval Case No, 5.1070 Tentative Tract Map 30047
Page 5 June 4, 2008
18. Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
19. All materials on the flat portions of the roofs shall be earth tone in color.
21. All roof mounted mechanical equipment shall be screened from all possible
vantage points both existing and future per Section 93.03.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights, and
type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening.
22, No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
23, Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 93.02.00.D.
24. The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
25. The street address numbering/lettering shall not exceed eight inches in height.
26. Construction of any residential unit shall meet minimum soundproofing
requirements prescribed pursuant to Section 1092 and related sections of Title
25 of the California Administrative Code. Compliance shall be demonstrated to
the satisfaction of the Director of Building and Safety
27. Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened
and located in the interior of the building.
28. Final architectural and landscaping designs shall be reviewed by the Architectural
Advisory Committee.
29. Retaining walls, common and private landscaping areas shall incorporate on-site
rocks and boulders to the greatest extent possible.
30. The applicant shall, as part of the first phase of development, extend the
equestrian trail occurring on the northern property line to the western boundary of
Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
Page 6 June 4, 2008
the flood control improvements (Lot GG), as mapped in the General Plan and
Specific Plan. The applicant will also cooperate with the City in securing
easements through the conservation lot (Lot EE), should the City wish to extend
the trail through Lot EE after its dedication.
31. The applicant shall incorporate modifications to the landscaping in the median of
the main drive to soften the perspective, by utilizing native and unstructured
landscaping materials.
Engineering Division
Before final acceptance of the project, all conditions listed below shall be completed to the
satisfaction of the City Engineer,
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Submit street improvement plans prepared by a registered California civil engineer
to the Engineering Division. The plans shall be approved by the City Engineer prior
to issuance of any building permits.
3. A Road and Bridge Impact Fee of $2,704 per single family residence (or as may
be adjusted annually in accordance with Chapter 9.69.060 of the Palm Springs
Municipal Code), shall be paid prior to issuance of a building permit. If applicable,
the applicant may enter into a Reimbursement Agreement with the City in
accordance with Chapter 9.69.070 of the Palm Springs Municipal Code, for credit
of costs associated with the construction of South Palm Canyon Drive.
SOUTH PALM CANYON DRIVE
4. Dedicate additional right-of-way for a property line-corner cut-back at the northwest
and southwest corners of the intersection of South Palm Canyon Drive and Lot "A"
in accordance with City of Palm Springs Standard Drawing No. 105.
5. Remove the existing asphalt concrete berm and construct a 6 inch curb and gutter,
32 feet west of centerline along the entire frontage, with a 36 feet radius curb
return and spandrel at the northwest and southwest corners of the intersection of
South Palm Canyon Drive and the "Main Boulevard" (Lot "A") in accordance with
City of Palm Springs Standard Drawing No. 200 and 206.
6. Construct the intersection of the "Main Boulevard" (Lot "A") and South Palm
Canyon Drive as a new street intersection with 35 feet radius curb returns,
00aa13
Conditions of Approval Gase No 5.1070 Tentative Tract Map 30047
Page 7 June 4, 2008
spandrels, and a 6 feet wide cross-gutter, in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
7. Remove the existing Portland cement concrete improvements at the intersection of
South Palm Canyon Drive/Bogert Trail and the "Main Boulevard" (Lot "A") and
construct a new, decorative stamped, colored Portland cement concrete
intersection. The decorative intersection shall have a stamped pattern and color
subject to the review and approval of the Planning Commission as an element of
the Final Planned Development. The proposed pavement section shall be
designed by a California registered Geotechnical Engineer using "R" values from
the project site and submitted to the City Engineer for approval-
s. Construct a 30 feet wide emergency access driveway approach located
approximately 145 feet south of the south Riverside County Flood Control
easement line in accordance with City of Palm Springs Standard Drawing No. 201.
The access shall be gated and locked; and lock box key provided to the Fire
Department for emergency access.
9. Construct a 12 feet wide meandering combination sidewalk and bicycle path along
the entire frontage. The construction shall be colored Portland cement concrete.
The admixture shall be Palm Springs Tan, Desert Sand, or approved equal color
by the Engineering Division. Dedicate an easement for pedestrian and bicycle
path purposes for those portions of the meandering sidewalk and bicycle path that
extend onto private property.
10. Construct a Type A curb ramp meeting current California State Accessibility
standards at the northwest and southwest corners of the intersection of South
Palm Canyon Drive/Bogert Trail and the "Main Boulevard" (Lot "A"), in accordance
with City of Palm Springs Standard Drawing No. 212.
11. Construct pavement with a minimum pavement section of 3 inches asphalt
concrete pavement over 6 inches crushed miscellaneous base with a minimum
subgrade of 24 inches at 95% relative compaction, or equal, from edge of
proposed gutter to centerline along the entire frontage in accordance with City of
Palm Springs Standard Drawing No. 110 and 330. If an alternative pavement
section is proposed, the proposed pavement section shall be designed by a
California registered Geotechnical Engineer using "R" values from the project site
and submitted to the City Engineer for approval.
12. Widen the existing bridge over "Cherly Creek", also identified as the Arenas North
Canyon drainage channel, (Bridge No. 56C-0352) as necessary to accommodate
the widening of South Palm Canyon Drive from two to four lanes, including a 12
feet wide combination sidewalk and bicycle path. The bridge shall be designed to
include required seismic retrofit (if any) of the existing bridge structure. Existing
go0o1-4
Conditions of Approval Case No 5 1070 Tentative Tract Map 30047
Page 8 June 4, 2008
bridge deficiencies, as may be identified on the most current Caltrans Bridge
Inspection Report, shall be corrected as part of the bridge widening.
13. The Community Redevelopment Agency of the City of Palm Springs (CRA) is
currently underway on the preliminary design and environmental analysis on a
project to widen South Palm Canyon Drive from two to four lanes (identified as City
Project No. 05-03), which includes most of the required South Palm Canyon Drive
street improvements identified above. In the event City Project No. 05-03 has not
been completed prior to approval of a final map, the applicant shall be responsible
for reimbursing the CRA costs incurred up to the date of final map approval on City
Project No. 05-03, subject to the terms of a Subdivision Improvement Agreement.
Preliminary and/or final engineering street and bridge improvement plans will be
made available to the applicant following payment of costs to the CRA.
ON-SITE PRIVATE STREETS
14. The on-site layout of streets and parking spaces is subject to further review and
approval by the City Engineer. Adjustment of proposed street alignments, and
deletion or relocation of proposed parking spaces may be required during review
and approval of construction plans for on-site improvements, as required by the
City Engineer. Approval of the preliminary site plan does not constitute approval of
the on-site layout of streets and parking spaces as proposed.
15. Dedicate easements for public utility purposes, including sewers, with the right of
ingress and egress for service and emergency vehicles and personnel over the
proposed private streets.
16. Easements for on-site private streets to be considered as part of the common
space to be maintained by a Homeowner's Association shall be reserved for the
benefit of the owners, successors, and assignees on the final map.
17. Dedicate a 38 feet wide emergency access easement with the right of ingress and
egress for service and emergency vehicles and personnel over Lot "AA" from
South Palm Canyon Drive to the east end of Lot "X." The centerline of the
easement shall be located approximately 145 feet south of the south Riverside
County Flood Control easement line. A driveway within the easement shall be
constructed with Portland cement concrete, turf-block or other material as
approved by the Fire Marshall.
18. Construct 6 inch curb and gutter, 32 feet from centerline along both sides of the
"Main Boulevard" (Lot "A") with 25 feet radius curb returns and spandrels at all
interior street intersections, including a 24 feet wide raised, landscaped median
island, in accordance with City of Palm Springs Standard Drawing No. 200 and
206, The applicant shall provide to the City Engineer evidence of approval by the
Riverside County Flood Control and Water Conservation District (RCFC) for
Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
Page 9 June 4, 2008
installation of the regional flood control box culvert, to be operated and maintained
by RCFC, within and underneath the proposed landscaped median. Absent RCFC
approval for the box culvert within and underneath the proposed landscaped
median, the "Main Boulevard" (Lot "A") cross-section shall be redesigned to
accommodate RCFC requirements for the location, installation, operation and
maintenance of the regional flood control box culvert.
19. All interior private streets shall be constructed with a minimum 24 feet wide
travelway, as measured from face of curb. Construct roll curb and gutter, 13 feet
and 11 feet from centerline along each side of the internal private streets as shown
on the Interior Streets Typical Section shown on Tentative Tract Map 30047, with
25 feet radius curb returns and spandrels at all street intersections, and 6 feet wide
cross-gutters at appropriate locations, in accordance with City of Palm Springs
Standard Drawing No. 200 and 206.
20. Construct all street "knuckles" in accordance with City of Palm Springs Standard
Drawing No. 104.
21. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete, unless
alternative materials meeting state and federal accessibility standards is approved
by the City Engineer.
22. All on-site private streets shall be constructed with colored Portland cement
concrete; or concrete pavers, with a natural color to match the existing Arenas
Canyon alluvial fan, subject to the review and approval of the Planning
Commission as an element of the Final Planned Development. The proposed
pavement section shall be designed by a California registered Geotechnical
Engineer using "R" values from the project site and submitted to the City Engineer
for approval.
23. Designated parking areas shall be constructed behind proposed roll curb and
gutter, within the private street rights-of-way, as indicated in the Interior Streets
Typical Section shown on Tentative Tract Map 30047. The designated parking
areas shall be constructed with colored Portland cement concrete; or concrete
pavers, with a natural color to match the existing Arenas Canyon alluvial fan,
subject to the review and approval of the Planning Commission as an element of
the Final Planned Development. The proposed pavement section shall be
designed by a California registered Geotechnical Engineer using "R" values from
the project site and submitted to the City Engineer for approval.
24. Parking shall be restricted along both sides of the 24 feet wide on-site private
streets, as necessary to maintain a minimum 24 feet wide clear two-way travel
way, except where designated parking areas are provided. Regulatory Type R26
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Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
Page 10 June 4, 2008
"No Parking" signs or red curb shall be installed along the private streets as
necessary to enforce parking restrictions. The Home Owners Association (HOA)
shall be responsible for regulating and maintaining required no parking restrictions,
which shall be included in Covenants, Conditions, and Restrictions (CC&R's)
required for the development.
SANITARY SEWER
26. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
26. Submit sewer improvement plans prepared by a California registered civil engineer
to the Engineering Division. The plans shall be approved by the City Engineer prior
to issuance of any building permits.
27. Construct an 8 inch V.C.P. sewer main across the frontages of the on-site private
streets as required by the City Engineer and connect to the existing sewer system
in South Palm Canyon Drive.
28. All sewer mains constructed by the applicant and to become part of the public
sewer system shall be televised prior to acceptance of the sewer system for
maintenance by the City.
GRADING
29. Submit a Rough Grading Plan prepared by a California registered civil engineer to
the Engineering Division for review and approval. A Fugitive Dust Control Plan
shall be prepared by the applicant and/or its grading contractor and submitted to
the Engineering Division for review and approval. The applicant and/or its grading
contractor shall be required to comply with Chapter 8.50 of the City of Palm
Springs Municipal Code, and shall be required to utilize one or more "Coachella
Valley Best Available Control Measures" as identified in the Coachella Valley
Fugitive Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its contractor's
Fugitive Dust Control Plan shall be prepared by staff that has completed the South
Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust
Control Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
contact AQMD at (909) 396-3752, or at wvvw.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook,
shall be submitted to and approved by the Engineering Division prior to approval of
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Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
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the Grading plan. The Grading Plan shall be approved by the City Engineer prior to
issuance of grading permit.
a. The first submittal of the Rough Grading Plan shall include the following
information: a copy of final approved conformed copy of Conditions of
Approval; a copy of a final approved conformed copy of the Tentative Tract
Map, a copy of current Title Report; a copy of Soils Report; a copy of the RCFC
approved Off-Site Hydrology Study; and a copy of the Final On-Site Hydrology
Study.
29a. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall
be installed. Fencing shall have screening that is tan in color; green screening will
not be allowed. Perimeter fencing shall be installed after issuance of Grading
Permit, and immediately prior to commencement of grading operations.
29b. Perimeter fence screening shall be appropriately maintained, as required by the
City Engineer. Cuts (vents) made into the perimeter fence screening shall not be
allowed. Perimeter fencing shall be adequately anchored into the ground to resist
wind loading.
29c. Within 10 days of ceasing all construction activity and when construction activities
are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be
permanently stabilized, in accordance with Palm Springs Municipal Code Section
8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be
removed, as required by the City Engineer.
30. The applicant shall obtain approvals to perform grading within the Riverside
County Flood Control and Water Conservation (RCFC) easement for the Arenas
Cone levee located along the northerly property line. An Encroachment Permit
shall be issued from RCFC, and a copy provided to the City Engineer, prior to
approval of a grading plan. For RCFC requirements, contact the RCFC
Encroachment Permit Section at (951) 955-1266.
31. The applicant shall obtain all necessary regulatory permits for construction within
a natural watercourse or mapped floodplain (i.e. the Arenas North Canyon and
Arenas South Canyon drainage areas), including a Section 1601/1603
Agreement from the California Department of Fish and Game, and a Clean Water
Act Section 404 Permit from the U.S. Army Corps of Engineers. Evidence of the
issuance of these, or other required regulatory permits, shall be provided to the
City Engineer prior to approval of a grading plan.
32. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
OONJO`I E
Conditions of Approval Case No, 5,1070 Tentative Tract Map 30047
Page 12 June 4, 2008
33. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed
permit shall be provided to the City Engineer prior to issuance of a grading
permit.
34. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c),
the applicant shall post with the City a cash bond of two thousand dollars
($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand
relating to this property and development.
35. A soils report prepared by a California registered Geotechnical Engineer shall be
required for and incorporated as an integral part of the grading plan for the
proposed development. A copy of the soils report shall be submitted to the
Engineering Division with the first submittal of a grading plan.
36. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at
73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
37. This property is located within a special flood hazard area (SFHA), and is subject
to the provisions of Chapter 93.17.00 et. seq. ("Flood Damage Prevention") of the
Palm Springs Zoning Code, and applicable state and federal laws and regulations.
Specifically, this property is located within the special flood hazard areas identified
for the Arenas North Canyon and Arenas South Canyon drainage areas,
consisting of designated SFHA's identified by Zane AO (Depth 1), Zone AO (Depth
2), Zone AO (Depth 3), and Zone A, as shown on the current Federal Insurance
Rate Map (FIRM) for the City of Palm Springs, California, Riverside County,
Community Panel Number 060257 0008C, dated June 18, 1996. The applicant
shall comply with all applicable local, state and federal laws and regulations
associated with development occurring within a SFHA.
38. In accordance with 44 CFR 60.3(b)(3), the applicant is required to include in its
proposal a determination of the Base Flood Elevations (BFE's) of the Special
Flood Hazard Areas (SFHA's) in which the development is located. The
determination of BFE's shall be provided to the City Engineer prior to submittal of a
grading plan, a final map, or other element of the applicant's "proposal" to
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Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
Page 13 June 4, 2008
construct a subdivision of 50 or more lots, or on a parcel of 5 acres or more in size,
located in a SFHA.
39. In accordance with Chapter 93.17.18(C) of the Palm Springs Zoning Code, the
Tentative Tract Map shall be revised to identify the Special Flood Hazard Area(s)
(SFHA's) and the elevations of the base flood (BFE's). The final conformed copy
of the approved Tentative Tract Map shall include the required information,
including delineation of SFHA's and identification of associated BFE's.
40. In accordance with Chapter 93.17.10 of the Palm Springs Zoning Code, a Flood
Hazard Report shall be submitted by the applicant before construction or other
development begins within any Special Flood Hazard Area (SFHA). The Flood
Hazard Report may include, but not be limited to: plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevation of the area in question;
existing or proposed structures, fill, storage of materials, drainage facilities, and the
location of the foregoing. The Flood Hazard Report shall be subject to review and
approval by the City Engineer. Specifically, the following information is required:
a. Proposed elevation in relation to mean sea level of the lowest floor (including
basement) of all proposed residential structures (in Zone AO, elevation of
highest adjacent grade and proposed elevation of lowest floor of all structures);
or
b. Proposed elevation in relation to mean sea level to which any nonresidential
structures will be floodproofed, if required in Chapter 93.17.18(A)(3)(b) of the
Palm Springs Zoning Code; and
c. All appropriate certifications listed in Chapter 93.17.12(A) of the Palm Springs
Zoning Code; and
d. Description of the extent to which any watercourse will be altered or relocated
as a result of proposed development.
41. All stormwater runoff passing through the site shall be accepted and conveyed
across the property in a manner acceptable to the City Engineer. For all
stormwater runoff falling on the site, on-site retention or other facilities
approved by the City Engineer shall be required to contain the increased
stormwater runoff generated by the development of the property.
Conveyance of increased stormwater runoff downstream is not acceptable,
unless it can be adequately demonstrated that downstream facilities (i.e. the
Canyon South Golf Course) have been improved in a manner to accept
increased stormwater runoff from this site, and that all appropriate water
quality issues have been addressed on-site to allow the conveyance of on-
site runoff to downstream properties. A Preliminary On-Site Hydrology Study
for Tentative Tract Map 30047, prepared by VA Consulting, Inc., dated June 2006,
has been submitted to, but not approved by the City Engineer, The Preliminary
On-Site Hydrology Study shall be revised to address the ability for downstream
facilities (i.e. the Canyon South Golf Course) to accept increased stormwater
runoff, and what measures will be incorporated to demonstrate that water quality
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Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
Page 14 June 4, 2008
will not be degraded by conveyance of on-site runoff to downstream properties; or
shall be amended to address the method and manner by which increased
stormwater runoff generated on-site will be mitigated.
42. A Final On-Site Hydrology Study for Tentative Tract Map 30047 shall be prepared
to include all appropriate hydraulic analysis for sizing of on-site privately
maintained retention basins, storm drain pipes, catch basins and other on-site
storm drain improvements, as may be necessary to mitigate increased stormwater
runoff generated on site. The Final On-Site Hydrology Study shall be subject to
the review and approval by the City Engineer; and RCFC as may be necessary,
which may require redesign or changes to site configuration or layout consistent
with the findings of the final hydrology study. No more than 40-50% of the street
frontage, including any landscaped parkways, may be designed as dry retention
basins. On-site open space, in conjunction with dry wells and other subsurface
solutions should be considered as alternatives to using landscaped parkways for
on-site retention.
43. The applicant shall address the comments outlined in the letter from the Riverside
County Flood Control and Water Conservation District (RCFC) dated October 17,
2005. Coordination between the applicant and RCFC, and RCFC's consultant
contracted to prepare a Master Drainage Plan (MDP) for the South Palm Canyon
area, shall be required as necessary for RCFC to complete the preparation of the
MDP, including the establishment of approved locations for debris basins for the
Arenas North Canyon and/or the Arenas South Canyon drainage areas.
44. A Preliminary Off-Site Hydrology Study for Tentative Tract Map 30047, Flood
Control Conceptual Design Report for Alturas Residential Development Palm
Springs, California, prepared by VA Consulting, Inc., dated April 2005, has been
submitted to, but not approved by Riverside County Flood Control and Water
Conservation District (RCFC). The Off-Site Hydrology Study shall be revised as
required by RCFC in its letter dated June 14, 2005, shall incorporate a design for
the currently planned off-site flood control improvements by the Agua Caliente
Band of Cahuilla Indians for the Arenas Lateral, and an "all-weather" crossing for
stormwater runoff underneath South Palm Canyon Drive by either an underground
culvert or an elevated bridge structure. A Final Off-Site Hydrology Study,
approved by RCFC, shall be required prior to submittal of a rough grading plan for
review and approval by the City Engineer.
45. As Tentative Tract Map 30047 requires the design and construction of regional
flood control improvements on-site and off-site to be operated and maintained by
the Riverside County Flood Control and Water Conservation District (RCFC), all
preliminary and final hydrology studies and hydraulic analyses, and flood control
improvement plans of regional flood control improvements for this development,
including on-site storm drain improvements that may connect to regional flood
control improvements, are subject to the review and approval by RCFC. Submit
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Conditions of Approval Case No, 5,1070 Tentative Tract Map 30047
Page 15 June 4, 2008
improvement plans prepared by a California registered Civil Engineer for the
regional flood control improvements as identified in the Final Off-Site Hydrology
Study approved by RCFC, to RCFC for review and approval. The regional flood
control improvement plans shall be approved by RCFC prior to approval of a
grading plan, approval of a final map, or any other City approval related to the
design and construction of this project as determined by the City Engineer.
46. Submit storm drain improvement plans for the on-site storm drainage system for
review and approval by the City Engineer.
47. In accordance with Chapter 93.17.18(C)(6) of the Palm Springs Zoning Code and
44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the
Federal Emergency Management Agency (FEMA) for FEMA's issuance of a
Conditional Letter of Map Revision (CLOMR). A complete application for the
CLOMR, including all appropriate technical studies and hydraulic analyses, and
payment of required FEMA application fees, shall be submitted to FEMA for review
and approval, prior to approval of a grading plan. Final City approvals
associated with this project, including approval of a Grading Plan for any
portion of this property, or approval of a Final Map, will not be given by the
City, until approval of the applicant's CLOMR application to FEMA is
provided to the City by evidence of a CLOMR issued by FEMA.
48. In accordance with Chapter 93.17.18(C)(6) of the Palm Springs Zoning Code and
44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the
Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Letter
of Map Revision (LOMR). A complete application for the LOMR, including all
appropriate technical studies and hydraulic analyses, record drawings ("as-builts"),
topographic surveying, and payment of required FEMA application fees, shall be
submitted to FEMA for review and approval, prior to issuance of a certificate of
occupancy. A Certificate of Occupancy for any building on this property will
not be issued until the City receives final approval of the applicant's LOMR
application to FEMA by evidence of a LOMR issued by FEMA.
49, Unless otherwise separately granted directly to the Riverside County Flood Control
and Water Conservation District (RCFC) prior to approval of a final map, dedicate
easements to the City of Palm Springs for regional flood control improvements,
including the final footprint of the off-site debris basin and associated
improvements as approved by RCFC, an easement for the south side of the
Arenas North Canyon drainage channel, and easements of minimum width as may
be specified by RCFC across Tentative Tract Map 30047, as necessary to convey
off-site stormwater runoff as indicated by the Final Off-Site Hydrology Study
approved by RCFC.
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Conditions of Approval Case No 5.1070 Tentative Tract Map 30047
Page 16 June 4, 2008
50. Reserve easements as necessary for the on-site private storm drain system to be
privately maintained by the Home Owners Association (HOA), for the benefit of the
owners, successors, and assignees within the final map.
51. The applicant shall be required to construct all on-site and off-site storm drain and
flood control improvements, as identified in the Final On-Site Hydrology Study
approved by the City Engineer, and the Final Off-Site Hydrology Study approved
by the Riverside County Flood Control and Water Conservation District (RCFC).
The applicant shall be required to enter into a Cooperative Agreement with the City
and RCFC for the construction of required regional storm drain and flood control
improvements, which shall be approved by the City and RCFC prior to issuance of
a construction permit. The applicant may be required to enter into a Cooperative
Agreement with the City and the Agua Caliente Band of Cahuilla Indians for
construction of the currently planned off-site flood control improvements by the
Agua Caliente Band of Cahuilla Indians for the Arenas Lateral.
52. The on-site storm drain system, as identified in the Final On-Site Hydrology Study
approved by the City Engineer, shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site storm drain system
acceptable to the City Engineer shall be included in Covenants, Conditions and
Restrictions (CC&R's) required for this project.
53. This project may be required to install measures in accordance with applicable
National Pollution Discharge Elimination System (NPDES) Best Management
Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater
River Region from the Colorado River Basin Regional Water Quality Control Board
(RWQCB). The applicant is advised that installation of BMP's, including
mechanical or other means for pre-treating stormwater runoff, may be required by
regulations imposed by the RWQCB. It shall be the applicant's responsibility to
design and install appropriate BMP's, in accordance with the NPDES Permit, that
effectively intercept and pre-treat stormwater runoff from the project site, prior to
release to the City's municipal separate storm sewer system ("MS4"), to the
satisfaction of the City Engineer and the RWQCB. If required, such measures
shall be designed and installed on-site; and provisions for perpetual maintenance
of the measures shall be provided to the satisfaction of the City Engineer, including
provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the
development.
54. The project is subject to an "Area Benefit Fee" drainage fee of $4,213 per acre, in
accordance with Chapter 9.69.040, or as may be adjusted annually in accordance
with Chapter 9.69.060 of the Palm Springs Municipal Code. The drainage fee
shall be paid prior to issuance of a building permit.
Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
Page 17 June 4, 2008
GENERAL
55. Any utility trenches or other excavations within existing asphalt concrete pavement
of off-site streets required by the proposed development shall be backfilled and
repaired in accordance with City of Palm Springs Standard Drawing No. 115. The
developer shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off-site streets as required by and at the
discretion of the City Engineer, including additional pavement repairs to pavement
repairs made by utility companies for utilities installed for the benefit of the
proposed development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Verizon, etc.). Multiple
excavations, trenches, and other street cuts within existing asphalt concrete
pavement of off-site streets required by the proposed development may require
complete grinding and asphalt concrete overlay of the affected off-site streets, at
the discretion of the City Engineer. The pavement condition of the existing off-site
streets shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
56. All proposed utility lines shall be installed underground.
57. All existing utilities shall be shown on the Grading Plan required for the project.
The existing and proposed service laterals shall be shown from the main line to the
property line.
58. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD
drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the
type and format of the digital data to be submitted to the City may be authorized,
upon prior approval of the City Engineer.
59. The original improvement plans prepared for the proposed development and
approved by the City Engineer shall be documented with record drawing "as-built'
information and returned to the Engineering Division prior to issuance of a
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
60. Nothing shall be constructed or planted in the corner cut-off area of any
intersection or driveway which does or will exceed the height required to maintain
an appropriate sight distance per City of Palm Springs Zoning Code Section
93.02.00, D.
61. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per City
of Palm Springs Standard Drawing No. 904.
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Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
Page 18 June 4, 2008
MAP
62, A Final Map shall be prepared by a California registered Land Surveyor or qualified
Civil Engineer and submitted to the Engineering Division for review and approval.
A Title Report prepared for subdivision guarantee for the subject property, the
traverse closures for the existing parcel and all lots created therefrom, and copies
of record documents shall be submitted with the Final Map to the Engineering
Division as part of the review of the Map. The Final Map shall be approved by the
City Council prior to issuance of building permits.
63. The applicant shall grant all rights, title and interest in Lot "EE" to the City of Palm
Springs on the final map for open space purposes, free of any covenants,
conditions or restrictions, subject to any easements that may be granted
separately to the Riverside County Flood Control and Water Conservation District
(RCFC) prior to approval of the final map.
64. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related to
the Engineering Division's recommendations. The CC&R's shall be approved by
the City Attorney prior to approval of the Final Map.
65. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S. digital
information shall consist of the following data: California Coordinate System,
CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines,
rights-of-way, and centerlines shown as continuous lines; full map annotation
consistent with annotation shown on the map, map number; and map file name.
G.I.S. data format shall be provided on a CDROM/DVD containing the following:
ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file
(e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF
(AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S.
digital data to be submitted to the City may be authorized, upon prior approval of
the City Engineer.
66. The applicant shall be required to enter into a Subdivision Improvement
Agreement with provisions associated with the reimbursement of costs incurred by
the Community Redevelopment Agency of the City of Palm Springs (CRA)
associated with the preliminary design and environmental analysis on a project to
widen South Palm Canyon Drive from two to four lanes (identified as City Project
No. 05-03), which includes most of the required South Palm Canyon Drive street
improvements associated with Tentative Tract Map 30047. In the event City
Project No. 05-03 has not been completed prior to approval of a final map, the
applicant shall be responsible for reimbursing the CRA costs incurred up to the
date of final map approval on City Project No. 05-03. Preliminary and/or final
Conditions of Approval Case No. 5.1070 Tentative Tract Map 30047
Page 19 June 4, 2008
engineering street and bridge improvement plans will be made available to the
applicant following payment of costs to the CRA. The applicant shall be required
to submit a $2,500 deposit for City staff time associated with the preparation of the
Subdivision Improvement Agreement, including City Attorney fees. The applicant
shall be responsible for payment of all associated staff time and expenses
necessary in the preparation and processing of the Subdivision Improvement
Agreement, and shall submit additional deposits as necessary when requested by
the City. The Subdivision Improvement Agreement shall be approved by the City
Attorney and executed by the applicant prior to approval of a final map.
TRAFFIC
67. Prior to approval of a final map, a focused traffic study of the intersection of South
Palm Canyon Drive and Bogert Trail shall be submitted for review and approval by
the City Engineer. The focused traffic study shall be prepared by a California
registered Civil Engineer or Traffic Engineer, and shall analyze current and future
traffic volumes (both with and without consideration of this development being
constructed), and shall determine whether traffic signal warrants are met. In the
event a traffic signal warrant is met with consideration of the traffic generated by
this project, the applicant shall be required to design and install a traffic signal at
South Palm Canyon Drive/Bogert Trail and the "Main Boulevard" (Lot "A")
intersection. The applicant shall submit traffic signal installation plans prepared by
a California registered Civil Engineer or Traffic Engineer for review and approval
by the City Engineer. The traffic signal shall be installed and operational prior to
issuance of a Certificate of Occupancy, unless otherwise indicated by the focused
traffic study or allowed by the City Engineer.
68. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development. Minimum
clearance on public sidewalks shall be provided by either an additional dedication
of a sidewalk easement (if necessary) and widening of the sidewalk; or by the
relocation of any obstructions within the public sidewalk along the South Palm
Canyon Drive frontage of the subject property.
69. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, and striping associated with the proposed development shall be replaced
as required by the City Engineer prior to issuance of a Certificate of Occupancy.
70. Submit traffic striping plans for South Palm Canyon Drive prepared by a California
registered Civil Engineer or Traffic Engineer, for review and approval by the City
Engineer. All required traffic striping and signage improvements shall be
completed in conjunction with required street improvements, to the satisfaction of
the City Engineer, and prior to issuance of a certificate of occupancy.
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Conditions of Approval Case No 5 1070 Tentative Tract Map 30047
Page 20 June 4, 2008
71. Install street name, stop signs, stop bars, and "STOP" legends at on-site
intersections as required by the City Engineer, and in accordance with City of Palm
Springs Standard Drawing Nos. 620 through 625.
72. Provide "end of road" metal guard rails and barricades, with appropriate warning
signs and markers as required by the City Engineer, at the termini of the interior
private streets identified as Lots "C,° "D." "F," "H," "J," "K," and "M". End of road
barriers, warning signs, and markers, shall meet applicable Caltrans Highway
Design Manual, Manual of Uniform Traffic Control Devices (MUTCD), or other
approved regulatory standards.
73. Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer. As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation, "Manual of Traffic Controls for
Construction and Maintenance Work Zones" dated 1996, or subsequent additions
in force at the time of construction.
74. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
Police Department
1. Developer shall comply with Article 11 of Chapter 8.04 of the Palm Springs
Municipal Code.
Building Department
2. Prior to any construction on-site, all appropriate permits must be secured.
Fire
3. Premises Identification: Approved numbers or addresses shall be provided
for all new and existing buildings in such a position as to be plainly visible and
legible from the street or road fronting the property. (901.4.4 CFC)
4, Residential Smoke Detector Installation: Provide Residential Smoke
Detectors. Detectors shall receive their primary power from the building wiring,
and shall be equipped with a battery backup. (310.9.1.3 CBC) In new
construction, detectors shall be interconnected so that operation of any smoke
detector causes the alarm in all smoke detectors within the dwelling to sound.
(2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement.
5. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC)
060627
Conditions of Approval Case No 5 1070 Tentative Tract Map 30047
Page 21 June 4, 2008
6. Minimum Access Road Dimensions:
a. Private streets shall have a minimum width of at least 20 feet, pursuant to
California Fire Code 902.1 however, a greater width for private streets may
be required by the City engineer to address traffic engineering, parking, and
other issues. Generally, for two-way private streets, a minimum width of 24
feet will be required, unless otherwise allowed by the City engineer, to the
minimum of 20 feet required by the Fire Code. No parking shall be allowed
in either side of the roadway.
b. Roads must be 30 feet wide when parking is not allowed on only one side
of the roadway.
7. Roads must be 40 feet wide when parking is not restricted.
8. Turn-Around Requirements: Dead-end fire apparatus access roads in
excess of 150 feet in length shall be provided with approved provisions for the
turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs
has two approved turn around provisions. One is a cul-de-sac with an outside
turning radius of 45 feet from centerline. The other is a hammerhead
turnaround meeting the Palm Springs Public Works and Engineering
Department standard dated 9-4-02.
9. Building or Complex Gate Locking Devices: Locked gate(s) shall be
equipped with a Knox key switch device or Key box. Boxes shall be mounted
at 6 feet above grade. Contact the Fire Department at 760-323-8186 for a
Knox application form. (902.4 CFC)
10. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be
provided to the fire department. This shall clearly show all access points, fire
hydrants, knox box locations, fire department connections, unit identifiers, main
electrical panel locations, sprinkler riser and fire alarm locations. Large projects
may require more than one page.
11. Water Systems and Hydrants: Underground water mains and fire hydrants
shall be installed, completed, tested and in service prior to the time when
combustible materials are delivered to the construction site. (903 CFC). Prior
to final approval of the installation, contractor shall submit a completed
Contractor's Material and Test Certificate to the fire department. (9-2.1 NFPA
24)
12, Operational Fire Hydrants: An operational fire hydrant(s) shall be installed
within 250' of all combustible construction. No landscape planting, walls, or
fencing are permitted within 3 feet of fire hydrants, except groundcover
plantings.
600028
Conditions of Approval Case No 5 1070 Tentative Tract Map 30047
Page 22 June 4, 2005
13. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal
hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC)
Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet
above floor level. Preferred location is in the path of exit travel or near an exit
door.
14. Fire Flow: The required fire flow for this project is 1500 gallons per minute.
15. Fire Sprinklers Required: An automatic fire sprinkler system is required by
local ordinance. Only a C-16 licensed fire sprinkler contractor shall perform
system design and installation. System to be designed and installed in
accordance with NFPA standard 13D, 1999 edition, as modified by local
ordinance. The contractor should submit fire sprinkler plans as soon as
possible. No portion of the fire sprinkler system, including water meters and
underground water supply, may be installed prior to plan approval.
16. Residential Smoke Detector Installation With Fire Sprinklers- Provide
Residential Smoke Detectors (FIREX # 0498 accessory module connected to
multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler
flow switch). Detectors shall receive their primary power from the building
wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new
construction, detectors shall be interconnected so that operation of any smoke
detector causes the alarm in all smoke detectors within the dwelling to sound.
(2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement.
END OF CONDITIONS
City of Palm Springs
Planning Commission Minutes
of May 14, 2008
P
Chair ntz opened Public Comments:
-Felix Barthele Palm Springs, spoke in regards to Item 2C, requested a continuance
until he receives a itten response from the Planning Director pertaining to a lot split-
-Andrew Knauchinkle, alm Springs, spoke in regards to Iten,}y2&; voiced concern with
proper notification to abutting homeowners and re...... more time for the
s� °,;
continuance.
There being
no furthera ppearanc Public Commer76swas closed:,'=;'";,_,
'^5
/��':'\ Cr� :M l'
2. CONSENT CALENDAR: �.� .Wf
M/S/C Scott/Rin lein, 6-0, 1 absent/Conrad " Orove Item 2A, as art of the
;41 y,
Consent Calendar.
2A. Draft minutes of April 2, 2008, April 9;' $,and April's, 008,
Approved, as part of the in' ent Calendaf :(Noting Cpinmissioner C s abstention
on the minutes of A.-nl 2ricil' ;:Commissioner Ringlein's abstention on ni itog pf
26. Ca s 31��" '. M 36 471(Eagle Canyon) - A request by CR-Eagle
ber, LL a k ear time extension for a previously approved
division of ngle- v ' f residences, 155 town homes and an activity
c located at h no and south of Bogert Trail, west of South Palm
Can ,brive, Zo SP-1 and W-R-1-A, Section 34. (Project Planner:
Edwar `v bertson,y rincipal Planner) (Continued from the April 23, 2008
meetin
Commissioner Gaff ( noted his abstention and would not be participating in the
discussion and vote` He left the Council Chamber at 1:47 p.m.
Commissioner Scott recommended removal of the construction fencing since grading
has not commenced.
-David Ball, CT Realty, provided details on the complexity of the project, including
a sophisticated drainage system involving a catch basin and reconstruction of water
2 0600311
City of Palm Springs
Planning Commission Minutes
of May 14, 2008
Ulines for East Palm Canyon Drive, Mr. Ball stated they have no objection with the
removal of the construction fencing.
M/S/C (Scott/Cohen, 5-0, 1 absent/Conrad, 1 abstained/ Caffery) To recommend
approval to the City Council; as amended:
SAT'
-Removal of the construction fencing unless required for PM 1 . dLrSt control).
4
square foot single-family residence on a hillWde`'•lot locat d,,at 844 Panora
Road, Zone R-1-A, Section 3, APN: 504-Z)1''1-004. (Project6nper: davi
Newell, Associate Planner)
Chair Marantz noted her abstention and would no > ,p,a ating in the d s ssion and
vote. Chair Marantz left the Council Chamber at 1:5'S;' ,:.m.
•Ysl'�y
The Commission requested clarificatid-;bn, several item ',+tihen thi rojects returns to
them.
M/S/C (Caffery/Scott, 5-0, 1 absent/ConrA,d, 4abstate /;" air Marantz) To continue,
to the meeting of May
Chair Marantz re-ehtered the t AUr1Cll Chamb)dk a 5 p.m_
V
3_ a 5.1205 S 'A An `` d, ation by the City of Palm Springs to rename a
ry p of Ca le A o t`` Jackie Lee Houston Way directly in front of the
con on cente " etween Amado Road and Andreas Road, (Project
Plannel,F7 dw Robertson, Principal Planner)
David Newell 5 'FiatejPlanner, provided background information as outlined in the
staff repo ted May'14, 20D$. Mr. Newell noted the correct street name change as
"Jackie e Housto Parkway".
e City Council.
ttniM sp
CITY OF PALM SPRINGS n
a
c
DEPARTMENT OF PLANNING SERVICES Z
Z
C9<1FORN`p^
MEMORANDUM m
v
Date: May 14, 2008
To: Planning Commission D
From: Edward O. Robertson, Principal Planner - m
Subject: Time Extension Request for Case No. 5.1070 —PD 3171 TTM 30047 C
m
On April 23, 2008, the Planning Commission conducted a public hearing on the above-
referenced project. At that hearing, the Commission continued the hearing, directing
staff to research certain questions relating to the previously adapted environmental O
document for the project and if there has been any grading activities at the subject site. -0
Commission Issues:
Addendum to an Environmental Impact Report- On July 5th, 2006, the City Council certified m
an Addendum to a previously certified Environmental Impact Report SCH #91012026 for the Z
project. The certified Addendum EIR is subject to all the identified and applicable mitigation
measures of the EIR. The mitigation measures are part of the conditions of approval for the
development of the site.
Grading - There have been no grading plans submitted to the City for the subject site;
hence grading permits have never been issued for the development. Furthermore, v
following staff visit to the site, it was determined that there are no grading activities at the location. W
ATTACHMENTS:
1. Planning Commission Staff Report dated April 23, 2008 with exhibits
000082
pF gALM S
A�
(J N
• iF
C,14 F04 � Planning Commission Staff Report
Date: April 23, 2008
Case No.: 5.1070 / PD 317 /TTM 30047
Type: PD and TTM Time Extension
Location: West side of South Palm Canyon Drive, both north
and south of Bogert Trail (extended)
APN: 513-046-001, 513-046-003, 513-046-010, 513-046-
018
Applicant: Larry Mathena for CT-Eagle Member LLC
General Plan: SP-1
Zone: SP-1, W-R-1-A
From: Craig A. Ewing, AICP, Director of Planning Services
Project Planner: Bryan Fernandez, Assistant Planner
PROJECT DESCRIPTION:
A request by Larry Mathena for CR-Eagle Member LLC for a one-year time extension
for Planned Development District 317 and Tentative Tract Map 30047 (Eagle Canyon
Project), a previously approved subdivision of 80 acres of a 117-acre parcel into 75
single-family residences, 155 townhomes and an activity center.
RECOMMENDATION:
That the Planning Commission recommend to the City Council approval of a one-year
time extension for Case No. 5,1070 / PD 317 / TTM 30047 from July 5, 2008 to July 4,
2009_
00L0®23
Planning Commission Staff Report April 23.2008
Case 5,1070/PO 3171 TTM 30047 Time Exlension Page 2 of 2
BACKGROUND:
On May 14, 2006, the Planning Commission voted to recommend approval of 5.1070 /
PD 317 / TTM 30047 to the City Council.
On July 6, 2006, the City Council voted to approve 5.1070 / PD 317/TTM 30047.
ANALYSIS:
The applicant submitted the time extension request before the expiration date of the
tentative tract map and planned development district. The applicant gave no reason for
the time extension. There has been no Final Planned Development District approved
for the project-
Section 94.03.00(H) of the Zoning Code states that extensions of time for a PD may be
allowed by demonstration of good cause. According to Chapter 9.63.110 of the
Municipal Code, there are no specific findings or determinations that need to be made
to grant the time extension for a TTM. The Municipal Code does limit all time extensions
to one-year and that requirement is being carded forward in staffs recommendation.
Staff has reviewed the project, surrounding area and underlying zoning regulations and
determined that no significant changes have occurred that would suggest that the
project is no longer in keeping with the neighborhood or the City's development policies.
ENVIRONMENTAL DETERMINATION:
The Planning Department has reviewed this project under the provisions of the
California Environmental Quality Act (CEQA), and has determined that neither the
proposed changes to the project, any changed circumstances, nor new information will
result in the identification of new significant impacts, or the substantial increase in the
severity of significant impacts identified in certified EIR SCH#9102026, and an
addendum to the EIR has been prepared, pursuant to Section 15164 of the California
Environmental Quality Act.
7 �
6'9�ryan F ndez +y14aig A, rig, AICPAssistants anner ctor of Planning Services
Attachments:
1. Vicinity Map
2. Draft Resolution
3. Letter of Request
RESOLUTION N0.
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF PALM SPRINGS, CALIFORNIA
RECOMMENDING A ONE-YEAR TIME EXTENSION FROM
JULY 5, 2008 TO JULY 5, 2009 FOR PLANNED
DEVELOPMENT DISTRICT 317 AND TENTATIVE TRACT
MAP 30047 (EAGLE, CANYON PROJECT), A PREVIOUSLY
APPROVED SUBDIVISION OF 80 ACRES OF A 117-ACRE
PARCEL INTO 75 SINGLE-FAMILY RESIDENCES, 155
TOWNHOMES AND AN ACTIVITY CENTER LOCATED AT
THE WEST SIDE OF SOUTH PALM CANYON DRIVE, ON
BOTH NORTH AND SOUTH OF BOGERT TRAIL
(EXTENDED), ZONE SP-1 AND W-R-1-A, SECTION 34.
WHEREAS, Larry Mathena for CR-Eagle Member LLC ("Applicant') has filed an
application with the City pursuant to Section 94.04.00(H) and 94.04.00(I)(1) of the Palm
Springs Zoning Code and Chapter 9.63.110 of the Palm Springs Municipal Code for a
one-year time extension to commence construction for PD 317 and TTM 30047 located
at the west side of South Palm Canyon Drive, on both north and south of Bogert Trail
(extended), Zone W-R-1-A Section 34.
WHEREAS, on April 23, 2008, a public meeting on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the Planning Department has reviewed this project under the provisions of
the California Environmental Quality Act (CEQA), and has determined that neither the
proposed changes to the project, any changed circumstances, nor new information will
result in the identification of new significant impacts, or the substantial increase in the
severity of significant impacts identified in certified EIR SCH#9102026, and an
addendum to the EIR has been prepared, pursuant to Section 15164 of the California
Environmental Quality Act,
WHEREAS, the Planning Commission has carefully reviewed and considered all of the
evidence presented in connection with the hearing on the project, including, but not
limited to, the staff report, and all written and oral testimony presented.
NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning
Commission hereby recommend approval to the City Council a one-year time extension
for PD 317 and TTM 30047 from July 5, 2008 to July 4, 2009.
ADOPTED this 23'd day of April, 2008.
AYES:
NOES:
ABSENT:
ABSTAIN:
Planning Commission Resolution April 23, 2008
Case No. 5.1070/PD 317/TTM 30047 Page 2 of 2
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Craig A_ Ewing, AICP
Director of Planning Services
CT-Eagle Member LLC
20151 S. W. Birch Street, Suite 200
Newport Beach, CA 92660
(949) 752-SI15
March 14, 2008
Via Ovemite Express
Mr. Edward Robertson
Principal Planner
City of Palm Springs
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Re: REQUEST FOR EXTENSION
Case No. 5.1070
Planned Development District 317
Tentative Tract Map 930047
CZa be 1--zY\,
Dear Mr. Rebinsen-
Newport Ncdcral, as the applicant for Palm Springs Case No. 5.1070, Planned
Development District 317 and Tentative Tract Map 30047, approved by the City Council
on July 5, 2006, request an extension of time for both the Planned Development District
and the Tentative Tract Map, as allowed by the Pahn Springs Zoning and Subdivision
ordinances, respectively.
Attacbed is a check in the amount of $1,682 for the extension fee_ If you have any
questions please feel free to call me at extension 18.
Thank you.
Sincerely,
CT-EAGLE MEMBER LLC
Larry athena
E cutive Vice President
T-e 5• f070 . Po 71l
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