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HomeMy WebLinkAbout5/21/2008 - STAFF REPORTS - 1.A. �QpLMSp4 ry ti c 4 N k e CITY COUNCIL STAFF REPORT DATE: May 21, 2008 PUBLIC HEARING SUBJECT: REQUEST BY D.W. JOHNSTON TO AMEND THE FINAL CONDITIONS OF APPROVAL RELATING TO STREET IMPROVEMENTS OF A PREVIOUSLY APPROVED FIVE-LOT TENTATIVE TRACT MAP 31422-A LOCATED AT 2630 ANZA TRAIL FROM: David H. Ready, City Manager BY: Department of Planning Services SUMMARY The City Council will consider a request to amend the final conditions of approval relating to street improvements for Tentative Tract Map 31422; a previously approved subdivision of approximately 2.5-acre site with five single-family residential lots, ranging between 16,600 and 17,405 square feet in size. RECOMMENDATION- 1. Open the public hearing and receive public testimony. 2. Adopt Resolution No. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE FINAL CONDITIONS OF APPROVAL FOR THE PREVIOUSLY APPROVED TENTATIVE TRACT MAP 31422-A, LOCATED AT 2630 ANZA TRAIL, ZONE R- 1-B, SECTION 25." PRIOR ACTIONS: On April, 2008, the project was reviewed for the second time by the Planning Commission. A recommendation of approval was made by the Commission with the following amended condition of approval: • A gate shall be allowed between Lots 2 and 3; there shall be no gates at the entrance to the development. Item No. • • City Council Staff Report May 21,2008—Page 2 TTM 31422-A BACKGROUND: Tentative Tract Map 31422 is a previously approved five-lot subdivision with final conditions of approval requiring certain street improvements to Anza Trail. Specifically, Conditions of Approval Nos. 25 through 28 listed below, required the installation of curbs, gutters and sidewalks to the project. The applicant's request is in part a response to the suggestions of members of the neighborhood who would prefer to maintain the rural character of the neighborhood. Staff site visits confirm the nature of this roadway, there are no existing curbs, gutters, sidewalks, or standard driveway approaches on Anza Trail. Conditions of Approval 25 through 28 state as follows: 25. Construct a wedge curb 18 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 26. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201, 27. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No, 210. 28. Remove and replace existing pavement with a minimum pavement section of 2-112 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline of pavement along the entire Anza Trail frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. 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. By deferring these improvements, the rural character of the area will be maintained by allowing Anza Trail to remain without curb, gutter or sidewalks. The request is consistent with General Plan Policy CR1.8 that states: "Allow local and collector streets that are not designed with full public improvements and are located within older, built-out neighborhoods to remain unimproved if it is determined that no significant impacts to the health, safety, and welfare would occur to the residents of Palm Springs". Public Works Department has determined that no safety or infrastructure issues are raised by the request. Also, Planning Department has concluded that the amendment will help to maintain the rural character of the neighborhood. 000002 City Council Staff Report May 21,2008--Page 3 TTM 31422-A Findings in support of approving the proposed subdivision are included in the attached draft resolution of approval. Conditions of approval for the map have been amended to reflect the deferral of the street improvements, including added conditions 22a, 26a and 28a. ENVIRONMENTAL ASSESMENT: This project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) per Section 15332 (Minor Alterations in Land Use Limitations), the proposed amendment to the Tentative Tract Map meets the conditions outlined for minor alterations in land use limitations. FISCAL IMPACT: No fiscal impact. ACE ing, AICP Thomas Wilso/Assistant City Manager Dire of Planninge ices David H. Ready, City M Attachments: 1. Vicinity Map 2. Draft Resolution and Conditions of Approval 3. Planning Commission Minutes dated April 9, 2008 4. Planning Commission Staff report dated April 9, 2008 (without exhibits) 5. Reduced Copy of TTM 31422-A 6. Photographs of Anza Trail 000023 N Department of Planning Services W+E c Vicinity Map S P 4[�raPN, LJ� a Legend �,: ` Project Site -MORONG0 TR -A[7F N-GO-T y G ��:✓s�%.tip v'.!, U �� \/ ------------- cc '�''i!�°�`r'•.�.n: ice—� �� ' � F�`k jTlrx:KY i n n u K r .:..-4N-Z-A—T-R- z Q co 0QO0u4 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE FINAL CONDITIONS OF APPROVAL FOR THE PREVIOUSLY APPROVED TENTATIVE TRACT MAP 31422-A, LOCATED AT 2630 ANZA TRAIL, ZONE R-1-13, SECTION 25. WHEREAS, D.W. Johnston (the "Applicant") has filed an application with the City to amend the final Conditions of Approval for Case TTM 31422A, a Tentative Tract Map; and WHEREAS, the City Council approved Tentative Tract Map 31422A on March 21, 2007, subject to Conditions of Approval; and WHEREAS, on April 9, 2008, a public hearing on the application for Case TTM 31422A AMND was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider the amendment to the Final Conditions of Tentative Tract Map 31422-A was given in accordance with applicable law; and WHEREAS, on May 21, 2008, a public hearing on the application for the project was held by the City Council in accordance with applicable law; and WHEREAS, the proposed amendment is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and is Categorically Exempt from the provisions of CEQA per Section 15305 as a Class 5 Minor Alteration in Land Use Limitations; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting 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: Pursuant to CEQA, the City Council finds that the amendment to the final Conditions of Approval for Case TTM 31422A is Categorically Exempt from environmental assessment per Section 16305 (Class 5 Minor Alterations in Land Use Limitations) of the California Environmental Quality Act (CEQA). Section 2: The City Council finds that the requested amendments to the final Conditions of Approval for Case TTM 31422A is consistent with the intent OOOQ�u5 City Council Resolution May 21.2008 Case TTM 31422A AMND Page 2 of 2 of the approval of Case TTM 31422A and is consistent with the General Plan. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves the amendment to the final conditions of approval for Case TTM 31422A AMND, subject to those conditions set forth in the attached Exhibit A, which is attached hereto and made a part of this resolution. ADOPTED this 215t day of April, 2008. David H. Ready, City Manager ATTEST: James Thompson, City Clerk 060096 EXHIBIT A Tentative Tract Map 31422-A CONDITIONS OF APPROVAL 2630 Anza Trail May 21, 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 1. The applicant shall submit an application for an Administrative Minor Modification requesting relief in the required lot width dimension for Lot 1 and Lot 5 of TTM 31422-A prior to Final Map approval. 2. A gate shall be allowed between Lots 2 and 3; there shall be no gates at the entrance to the development. (Added by PC on 4.9.08) ADMINISTRATIVE: 3. 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. 4. 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 TTM 31422-A. 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 000097 Conditions of Approval May 21, 2008 TTM 31422-A Page 2 of 10 applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 5. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, 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. 6. 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 112% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 7. 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. 8. The Project will bring additional residents to the community that will contribute to the cumulative impact on the City's existing public safety and Conditions of Approval May 21, 2008 TTM 31422-A Page 3 of 10 recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services which are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government C. Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. POLICE DEPARTMENT: 9. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. FIRE DEPARTMENT: 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. 11. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) MINIMUM ACCESS ROAD DIMENSIONS: • The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 12. Access Gates: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 13_ Fire Apparatus Access Roads/Driveways: Fire department access roads/driveways shall be provided so that no portion of the exterior wall of UO0009 Conditions of Approval May 21, 2008 TTM 31422-A Page 4 of 10 the first floor of any building will be more than 150 feet from such roads. (902.2.1 CFC) 14. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. This will include clearance from vegetation and trees. (902.2.2.1 CFC) 15. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. 16. Operational Fire Hydrant(s): Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7,2 CFC) 17. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested. Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24 1995 edition) 18. Fire hydrant systems: Fallowing Fire Department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.2.2.2 CFC). All fire hydrants shall be installed in accordance with Desert Water Agency specifications and standards. No landscape planting, walls, fences, signposts, or aboveground utility facilities are permitted within 3 feet of fire hydrants, or in line with hose connections. ENGINEERING: 19. 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. 20. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. 0000"Q Conditions of Approval May 21, 2008 TTM 31422-A Page 5 of 10 STREETS: 21. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 22. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. 22a. Engineering Division recommends deferral of off-site improvement items on Anza Trail at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed prior to approval of the Final Map. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to prior to approval of the Final Map.' ANZA TRAIL: 23. Dedicate an additional 10 feet to provide the ultimate half street right-of- way width of 25 feet along the entire frontage. 24. Dedicate an easement 2 feet wide along the back of the driveway approach for sidewalk purposes. 25. Construct a wedge curb 18 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. Deferred per Conditions 22a.2 26. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. Deferred per Conditions 22a.3 26a. Construct a 6 inch concrete driveway, unless otherwise approved by the QjtV Engineer, from the property line to the edge of pavement.4 Added on February 13,2008 per Reso. 2 Modified on February 13,2008 per Reso. 'Modified on February 13,2008 per Reso. Added on February 13,2003 per Reso. Conditions of Approval May 21, 2008 TTM 31422-A Page 6 of 10 27. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210, Deferred per Conditions 22a.5 28. Remove and replace existing pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline of pavement along the entire Anza Trail frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. 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. Deferred per Conditions 22a.6 28a. All broken or off grade street improvements shall be repaired or replaced.' MORONGO TRAIL: 29. Construct wedge curb 20 feet south of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. 30. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. 31, Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210, 32. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline of pavement along the entire Morongo Trail frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. 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. s Modified on February 13,2008 per Reso. G Modified on February 13,2008 per Reso. Added on February 13,2008 per Reso. 000012 Conditions of Approval May 21, 2008 TTM 31422-A Page 7 of 10 ON-SITE PRIVATE STREET: 33. Dedicate an easement 24 feet wide extending from back of curb to back of curb to the City of Palm Springs for ingress and egress of service and emergency vehicles and personnel, over the private street. 34. Construct a 6 inch curb and gutter, or wedge curb meeting City Engineer approval, 12 feet on both sides of centerline along the entire frontage, unless otherwise approved by the City Engineer. Provisions for conveyance of on-site stormwater runoff shall be provided within the on- site private street. 35. The minimum pavement section for all on-site pavement shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. 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. 36. Parking shall be restricted along the on-site private street, as necessary to maintain a 24 feet wide clear travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the entire frontage. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Codes, Covenants and Restrictions required for the development. 37. The on-site private street shall not be gated at Morongo Trail or Anza Trail. A specific provision shall be included in the Codes, Covenants and Restrictions (CC&R's) for the Homeowners Association prohibiting the future installation of entry gates into this development. SANITARY SEWER: 38. Connect all future sanitary facilities to the City sewer system. Laterals shall not be connected at sewer manholes. 39. Construct an 8 inch sewer main within the on-site private street as necessary to provide sewer service to Lots 2, 3 and 4, and connect to the public sewer main in Morongo Trail in accordance with City of Palm Springs Standard Drawing No. 405. Sewer service t0 Lots 1 and 5 may be provided by using the existing sewer lateral connection to the existing 0000,113 Conditions or Approval May 21, 2008 TTM 31422-A Page 8 of 10 sewer main within Morongo Trail and Anza Trail. If existing sewer laterals can not be used, the existing laterals shall be removed. 40. All on-site sewer systems shall be privately maintained by a Homeowners Association. Provisions for maintenance of the on-site sewer system shall be included in Codes, Covenants and Restrictions (CC&R's) for this project, and shall be provided to the City Engineer for review and approval prior to approval of the final map. GRADING: 41. Submit a Grading Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of a grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Building Department 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 Building Department with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Building Department prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: Copy of signed Conditions of Approval stamped by the Planning Department; Copy of Site Plan stamped approved and signed by the Planning Department; Copy of current Title Report; Copy of Soils Report; and a copy of the associated Hydrology Study/Report. 00001�4 Conditions of Approval May 21, 2008 TTM 31422-A Page 9 of 10 42, Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 43. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of the Grading Plan. 44. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), a cash bond equal to two thousand dollars ($2,000.00) per acre shall be posted with the City of Palm Springs for mitigation measures of erosionlblowsand that may occur during grading and development of the property. 45. 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. The demolition of the existing structures and foundation shall be discussed in the soils report. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 46. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan, The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE: 47. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if an off-site drainage system is unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the 600015 Conditions of Approval May 21, 2008 TTM 31422-A Page 10 of 10 increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage system (if any exists), and to determine required stormwater runoff mitigation measures for this project. Final detention/retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configurations consistent with the findings of the final hydrology study. 48. Provisions for the interception of nuisance water from entering Anza Trail or Morongo Trail from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 49. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL: 50. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. 51. All proposed utility lines shall be installed underground. 52. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. 53. 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 grading plan shall be submitted to the City Engineer for approval prior to construction. 54. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, Conditions of Approval May 21, 2008 TTM 31422-A Page 11 of 10 television cable service, and similar service wires or lines, which are on- site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities in the area of the project to be undergrounded shall be submitted to the Engineering Division prior to approval of any grading plan. The existing overhead utilities across portions of the east and west property lines, as well as the overhead utilities running east-west across the center of Lot 3 meet the requirement to be installed underground. The developer is advised to investigate the nature of these utilities, the availability of undergrounding these utilities with respect to adjacent and off-site properties, and to present its case for a waiver of the Municipal Code requirement, if appropriate, to the Planning Commission and/or City Council as part of its review and approval of this project. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee of $135 shall be paid by the developer prior to issuance of any grading or building permits. 55. Nothing shall 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. 56. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP: 57. 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 00001? Conditions of Approval May 21, 2008 TTM 31422-A Page 12 of 10 the subject property, the traverse closures for the existing parcels and all lots created therefrom, and copies of record documents shall be submitted with the 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. 58, Abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The various record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of the abandonment of these easements, Lot 3 encumbered by these existing record easements are rendered unbuildable, until such time as these easements are removed of record and are not an encumbrance to the affected lots, and a copy of the recorded document removing the encumbrance is provided to the City Engineer. TRAFFIC: 59. Minimum of 48 inches of sidewalk clearance shall be provided around all above-ground facilities for handicap accessibility. The developer shall provide same through dedication of easement and/or widening of the sidewalk or shall be responsible for the relocation of all existing impediments located on the Anza Trail and Morongo Trail frontages of the subject property. 60, 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. 61. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS City of Palm Springs Planning Commission Minutes of April 9,2008 mitiatflo y s Homeless and Economically Disadvantaged Blue Ribbon Iee. Staff noted that this subcommittee joined CVAG's Homeless orce as a part of the city's representation for a regional valley-wi Mr. Scott requested th er (in the staff report) from the Baristo Neighborhood Organization be f ed to the Police Department to addres^concerns. M/S/ nrad/Cohen 5-0 n. 4. Case TTM 31422A AMND - A request . W. Johnston t end the final conditions of approval for Tentativ ct M 31422A rel o street improvements located at 2630 Ariz on -1-B, Sectio 5, APN's: 510-130-008 and 025. (Project Planne ar Roberts n, Principal Planner) Mr. Ewing provided background infor outlined in ff report dated April 9, 200& Chair Hochanadel open Public Hea -David Johnston, cant, re sted clarify tion on condition #2 and #37 pertaining to deletion of th was der the im ion the gate had been previously approved. There b ' no pe es, the Public Hearing was closed. Mr. suggested t clusi a pedestrian gate. Chair Hoch el stated t he is in favor of a gate to deter vehicles from using this street as a sh t. Commissioner Con anfied that this is not a gated-community; it is merely a gate to prevent a thoroughf M/S/C (Scott/Cohen, 5-0, 2 absent/Chair Marantz and Ringlein) To recommend approval to the City Council, as amended: -Condition#2: No gates shall be constructed at the entrance to the proposed access road- -A pedestrian gate to be provided. 3 OflOOa� f 9ALM S.. iZ 41 U .n "CEO ` P" 44 1F°""� Planninq Commission Staff Re ort Date: April 9, 2008 Application I.D.: Case TTM 31422A AMND Application Type: Tentative Tract Map Amendment Location: 2630 Anza Trail Applicant: D.W. Johnston APN: 510-130-008 & -025 Zoning: R-1-13 (Single Family Residential) General Plan Designation: Very Low Density Residential From: Edward O. Robertson, Principal Planner DESCRIPTION The applicant is requesting an amendment to the final Conditions of Approval for Tentative Tract Map (TTM) 31422A requiring certain street improvements to Anza Trail. The applicant requests that curb, gutter and sidewalk not be required to be installed in order to maintain the rural character of the neighborhood. Currently, there are no existing curbs, gutters, sidewalks, or standard driveway approaches on Anza Trail. RECOMMENDATION That the Planning Commission recommend approval of the amendment to the final Conditions of Approval for Case TTM 31422A to the City Council. PRIOR ACTIONS TTM 31422 was approved by the City Council on August 11, 2004. Subsequently, TTM 31422 expired and the City Council approved TTM 31422A on March 21, 2007. 000020 Planning Commission Staff Report April 9,2008 Case TTM 31422A AMND Page 2 of 3 ANALYSIS The applicant is requesting that Conditions of Approval 25 through 28 be deferred to covenant, that state as follows: • Condition 25: Construct a wedge curb 18 feet north of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. • Condition 26: Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. • Condition 27: Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. • Condition 28: Remove and replace existing pavement with a minimum pavement section of 2-112 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline of pavement along the entire Anza Trail frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 300. 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. By deferring these improvements, the rural character of the area will be maintained by allowing Anza Trail to remain without curb, gutter or sidewalks. The applicant's request is in response to suggestions by area residents. Staff site visits confirm the nature of this roadway, as depicted in the attached photos. The request is consistent with General Plan Policy CR1.8 that states "Allow local and collector streets that are not designed with full public improvements and are located within older, built-out neighborhoods to remain unimproved if it is determined that no significant impacts to the health, safety, and welfare would occur to the residents of Palm Springs". The request is consistent with the intent of the approval of TTM 31422A, which is to subdivide 2.5 acres into 5 lots consistent with the neighborhood development pattern. Public Works has determined that no safety or infrastructure issues are raised by the request. Planning has concluded that the amendment will help to maintain the rural character of the neighborhood. Staff has determined that this request will not affect the map design, and since staff is recommending approval of the proposed amendment, applicable conditions of approval have been modified to reflect the deferral of off-site improvement on Anza Trail. Specifically, conditions Nos. 23, 25, 26, 26a, 28, and 28a have been revised in anticipation of the changes to the conditions requiring street improvements on Anza Trail. 60002i Planning Commission Staff Report April 9,2008 Case TTM 31422A AMND Page 3 of 3 ENVIRONMENTAL. ASSESSMENT Pursuant to Section 15305 of the California Environmental Act (CEQA), the project is Categorically Exempt from CEQA as a Class 5 Minor Alteration in Land Use Limitations. NOTIFICATION Review of minor changes to a Tentative Tract Map does not require public notice per Section 9.63.050 of the Palm Springs Municipal Code. ward v. vbertson t vv ig, AICP Principal Planner Dir r of Plannin ervices ATTACHMENTS 1. Vicinity Map 2. Draft Resolution &Amended Conditions of Approval 3. Approved Tentative Tract Map 31422 4. Photographs of Anza Trail 000022 U v� IN IrE 64T OF PALM SPRINGS, r LJFORNN TENTATIVE TRACT MAP NO. 31422 -A e P0%m -1 r MPxul,rt L0,}y, {[ Yw h: rv+.'l E & ut✓T"MN xuL yry1 L01 pia Imn.ftyw.5 r1 �,?�. .rwr., r LOT 51 PPP.ppn i05 r-ry..a, . 'ww w WT Ug g ' LOT !-R Lot 5 �� — �` G➢'v IP'Fr'uv rcc.�a� vrN SR5nr \ -I III 1:.u.iiJr.+r ^- I � Atl:�OLSI P lYlArtu M^—Cu1 �.�u • �� '� ,man u...r •,.._.Tnmw TENTATIVE TRACT FAAP N0. 31 d22-A ,asR,4nx �._ �sEcn ix o_e oxIYEY'eidPlmdGtl �� u �_+ '`�'!"�.;: 3n• al"".z'4y;i �"�:r.y'i+TWA`' ,' ! f ,1:,. n',., ,'j�<�.„j.'{�, �ry�- �].r(. ��'r�1�� .r-.t M..,M'„i }.'":f'F' Ir. ;/{j•�!� � : ' %P �I1."%r�•'�;il�o; -':ir,: rv." 'g; �):•I! j'���I��:i',:� ,, •;i�� �I� .1.'!' c. hn l ra ' , :..ham';."'irl �nn'i„�a,•_i;,f'�' �1'�'�;,;:. _ _���1 m. 'AgIe. .•�Nll,n� :� ' '` rl'i•; - pit �': u 'I I i' r 1F••" _ l _ , rv•�ji-,IC-�,•. -1 "!'�. �'Ott '•�'�`'��,�..��jn1��.'��� ��•��_ iq 44, fl ��,5.. r� '�'o�'�,a, �•9. �'�', �� �!'•��'1;„',��' may' TL t^I'rkIT IL �-Ali\r^i,�l�m. ` ';.: .=�,��".•,, jr Ile 1 ° •"l.i lip nIT7 , Coco �j �lLm'vY e( Coco 24 r n�S� ' IJb, 11 X7 , r "4. v Mlbr ,. yp a � 1'lr'.- ayUr�"fi �'.ln I':1: ,•'I '_1� A 1' N ' � _ :M+'i1 - bid r � � �"}::',•"�', i:�oL,y ,9'Iri Y .Fy S�.,�n,ar. -� r .. .r..,x p•. 1,'� ,`! . r��'r 1/%ql '1/. .gn•`i��. �,i•r ':''S��r1i°.�;;� ... � l,,r�i' �- , ". " 'Vi,i,-l1d � �F Nf r;l�i,"y-'.q�i _ V -'f��i�'•'� ' _ ,•,r`J�,�"M'�. Pl ,mil'.',{'� r�^YTya -• r..Nil'.. .. , r r :'1) 7 p, 41 `� Fra'17.:iY ' •I.,' �s.�.�, way:,,ht ",.s • ,1r rr, ,. : OF PALM Sp G) City of Palm Springs Office of[he Cizy Clerk ° °R'oanrco ` 3200 C T1I1CILn. CMY011 Wdy ° R11M Springs, CgUIN11in 9?M2 Cq(IF0P, Tel (760) 323-820-i • Fix: (760) i22_5.3.i'_ • We6: www.pal nnprmgy-C.i.gnv NOTICE OF CONTINUANCE NOTICE IS HEREBY GIVEN that the regular meeting of April 2, 2008, Public Hearing Item No. 1.E. REQUEST BY D. W. JOHNSTON TO AMEND THE FINAL CONDITIONS OF APPROVAL RELATING TO STREET IMPROVEMENTS OF A PREVIOUSLY APPROVED FIVE- LOT TENTATIVE TRACT MAP 31422-A, LOCATED AT 2630 ANZA TRAIL By a majority vote (4-0-1, Councilmember Mills absent) the Public Hearing was continued to Wednesday, May 21, 2008, Council Chamber, 3200 E. Tahquitz Canyon Way, at 6:00 p.m., or as soon thereafter as possible. AFFIDAVIT OF POSTING State of California ) County of Riverside ) ss. City of Palm Springs ) I, James Thompson, City Clerk of the City of Palm Springs, California, certify this Notice of Continuance was posted at or before 5:30 p.m., April 3, 2008, as required by established policies and procedures. J J mes Thompson ity Clerk NOTICE OF CONT- Johnston 04-02-08 doc Posr Office Box 2743 4 Palm Springs, California 92263-2743 . oaao2s