HomeMy WebLinkAbout22195 - RESOLUTIONS - 4/2/2008 RESOLUTION NO. 22195
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1171
PD351 AND TENTATIVE TRACT MAP 35544 FOR THE
CONVERSION OF AN EXISTING 13 UNIT APARTMENT
COMPLEX TO A 12 UNIT CONDOMINIUM COMPLEX
LOCATED AT 588 SAN LORENZO ROAD ZONED R-3,
SECTION 23.
WHEREAS, Sienna Productions (applicant), on behalf of Foundations Enterprise
Group, LLC (owners), have filed an application with the City pursuant to the Palm
Springs Municipal Code Section 94.03.00 for Case 5.1171 PD351, a Planned
Development District, and pursuant to the Palm Springs Municipal Code Section 9.60
for Case TTM 35544, a Tentative Tract Map, for the conversion of an existing 13 unit
apartment building to 12 condominium units located at 588 San Lorenzo Road, Zone R-
3 Section 23; and
WHEREAS, said Planned Development District and Tentative Tract Map
applications were submitted to appropriate agencies as required by the requirements of
the Palm Springs Municipal Code, with the request for their review, comments, and
requirements; and
WHEREAS, on December 12, 2007, a public hearing on the application Case
5.1171 PD351 and Tentative Tract Map 35544 was held by the Planning Commission in
accordance with applicable law, and at said hearing, approved preliminary and final
development plans for Case 5.1171 PD351 and recommended approval of Case 5.1171
PD361 and Case TTM 35544 to the City Council, via Resolution No. 7081; and
WHEREAS, the project is Categorically Exempt under the provisions of Section
15301 (Existing Facilities) of the California Environmental Quality Act ("CEQA").
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Case 5.1171 PD351 and Case TTM 35544, was given in
accordance with applicable law; and
WHEREAS, on April 2, 2008, a public hearing on the application was held by the
City Council in accordance with applicable law; 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.
Resolution No. 22195
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1. Pursuant to Section 94.03.00 (E) of the Zoning Code, a Planned
Development District (PDD) may be established in accordance with the
procedures required by Section 94.02.00. The Planned Development
District is required in this case to address variations in setbacks and lot
depth.
Findings are hereby made in support of establishing the proposed
Planned Development District as follows:
(a) The proposed planned development is consistent and in conformity
with the General Plan pursuant to Sections 94,07.00 (A)(1) and
94.02.00 (A)(4) of the Palm Springs ,Zoning Code.
The proposed project is for the conversion of an existing thirteen
(13) unit apartment building into twelve (12) condominium units.
This proposal is in conformity with the density of the General Plan
and the R3 Zoning. This request is a decrease in density by one
dwelling unit-
(b) The use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of
the general plan, and is not detrimental to existing uses or to future
uses specifically permitted in the zone in which the proposed use is
to be located.
The proposed land uses are deemed to be desirable for the public
welfare and convenience and is in conformity with the General Plan
and its objectives, and are authorized by the Zoning Code. The
existing use on the subject site is an apartment building. Under the
Planned Development District, the proposed project reduces the
number of dwelling units from 13 to 12.
Existing land uses in the vicinity include hotel developments and
multiple-family residential development. This proposal is in
conformity with the pattern of development in the vicinity.
(c) The site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
landscaping and other features required in order to adjust such use
to those existing or permitted future uses of land in the
neighborhood.
Resolution No. 22195
Page 3
The proposed development is similar to the character and design of
the existing developments in the area. The proposal does not add
any additional structures to the site. All existing setbacks that have
been established are staying the same.
The 0.73 acre site adequately accommodates the existing 13 unit
apartment building associated parking and landscaping. The
subject request will reduce the dwelling units to 12; therefore, the
site will adequately accommodate the reduction.
(d) The site for the proposed use relates to streets and highways
properly designed and improved to carry the type and quantity of
traffic to be generated by the proposed use.
The subject site currently is developed and has an established
street network adequately servicing the site. The traffic generated
by the proposed request would not increase since the proposal is to
covert from 13 apartment units to 12 condominium units.
(e) The conditions to be imposed and shown on the approved site plan,
and other conditions of approval attached, are deemed necessary
to protect the public health, safety and general welfare and may
include minor modification of the zone's property development
standards under the Planned Development District.
Conditions imposed on the approved site plan include the following:
• Dedication of an easement 4 feet wide along San Lorenzo
Road for sidewalk purposes.
• Dedication of an easement 4 feet wide along Random Road
for sidewalk purposes-
Re-surface the parking area to City standards.
SECTION 2. Pursuant to Section 66427.1 of the Government Code, The legislative
body shall not approve a final map for a subdivision to be created from the
conversion of residential real property into a condominium project, a
community apartment project, or a stock cooperative project unless it finds
all of the following:
(a) Each of the tenants of the proposed condominium, community
apartment project or stock cooperative project has received,
pursuant to Section 66452.9, written notification of intention to
convert at least 60 days prior to the filing of a tentative map
pursuant to Section 66452. There shall be a further finding that
each such tenant, and each person applying for the rental of a unit
in such residential real property, has, or will have, received all
applicable notices and rights now or hereafter required by this
Resolution No. 22195
Page 4
chapter or Chapter 3 (commencing with Section 66451). In addition,
a finding shall be made that each tenant has received 10 days'
written notification that an application for a public report will be, or
has been, submitted to the Department of Real Estate, and that
such report will be available on request-
(b) The written notices to tenants required by this subdivision shall be
deemed satisfied if such notices comply with the legal requirements
for service by mail.
The applicant sent notices to the tenants of the apartment building
on October 4, 2006. All of the tenants chose to find other suitable
accommodations and vacated the building as of November of 2006.
(c) Each of the tenants of the proposed condominium, community
apartment project, or stock cooperative project has been, or will be,
given written notification within 10 days of approval of a final map
for the proposed conversion.
This notice is not required since the building has been vacant for
approximately one year.
(d) Each of the tenants of the proposed condominium, community
apartment project, or stock cooperative project has been, or will be,
given 180 days' written notice of intention to convert prior to
termination of tenancy due to the conversion or proposed
conversion. The provisions of this subdivision shall not alter or
abridge the rights or obligations of the parties in performance of
their covenants, including, but not limited to, the provision of
services, payment of rent or the obligations imposed by Sections
1941, 1941.1, and 1941.2 of the Civil Code,
All of the tenants were given 180 day notice of the intention to
convert to condominiums and choose to relocate to other facilities
and the building has been vacant for approximately one year.
(e) Each of the tenants of the proposed condominium, community
apartment project, or stock cooperative project has been, or will be,
given notice of an exclusive right to contract for the purchase of his
or her respective unit upon the same terms and conditions that
such unit will be initially offered to the general public on terms more
favorable to the tenant. The right shall run for a period of not less
than 90 days from the date of issuance of the subdivision public
report pursuant to Section 11018.2 of the Business and Professions
Code, unless the tenant gives prior written notice of his or her
intention not to exercise the right.
The tenants were given notice of an exclusive right to contract for
the purchase of their respective units. The tenants choose to
Resolution No. 22195
Page 5
relocate to other facilities; the building has been vacant for
approximately one year.
NOW, THEREFORE, BE IT FURTHER RESOLVED that, based upon the foregoing, the
City Council hereby approves Case 5.1171 PD351, Planned Development District 351,
and approves Case TTM 35544, Tentative Tract Map 35544:
1. Subject to the review of the Final Plan by the Planning Commission to
consider the City Council discussion.
2. Subject to Conditions of Approval, attached as Exhibit A to this Resolution.
ADOPTED THIS 2ND DAY OF APRIL, 2008.
David H. Ready, Ci y Manager
ATTEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, DAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22195 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 April 2, 2008, by the following
vote:
AYES: Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Foat,
and Mayor Pougnet.
NOES: Councilmember Mills.
ABSENT: None.
ABSTAIN: None.
- V
es Thompson, City Clerk
ity of Palm Springs, California a4 1t'f �8 ' -
Resolution No. 22195
Page 6
EXHIBIT A
Case No. 5.1171 PD351 AND TTM 35544
588 SAN LORENZO ROAD
April 2, 2008
CONDITIONS OF APPROVAL
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.
PLANNING
SITE SPECIFIC
1. Remove the gate motor from the first parking space under the car port north of San
Lorenzo Road to provide a total of 12 covered parking spaces.
ADMINISTRATIVE
2. 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.
3. 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 No. 5.1171 PD351 and TTM
35544, 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 or 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 further indemnification hereunder, except, the City's decision to settle or
Resolution No. 22195
Page 7
abandon a matter following an adverse judgment or failure to appeal, shall not cause
a waiver of the indemnification rights herein.
4. Non-compliance with any of the conditions of this approval, or with City codes and
ordinances, State laws; any valid citizen complaints or policing and safety problems
(not limited to excessive alcohol consumption, noise, disturbances, signs, etc)
regarding the operation of the establishment; as determined by the Chief of Police or
the Director of Planning and Zoning, may result in commencement of proceedings to
revoke the Minor Application pursuant to Section 94.02.00 of the Zoning Ordinance.
In addition, violations of City Codes and Ordinances will result in enforcement
actions that may include citations, arrest, temporary business closure, or revocation
of this permit in accordance with law.
5. Submit A check in the amount of$64.00 made payable to Riverside County Clerk for
the recording of the Notice of Exemption to CEQA review.
6. 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.
7. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building
permit valuation as calculated pursuant to the valuation table in the Uniform Building
Code, the fee being 1/2% for commercial projects or 1/4% for residential projects
with first $100,000 of total building permit valuation for individual single-family units
exempt. Should the public art be located on the project site, said location shall be
reviewed and approved by the Director of Planning and Zoning and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
8. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of
the City. The in-lieu fee shall be computed pursuant to Ordinance No. 1632, Section
IV, by multiplying the area of park to be dedicated by the fair market value of the
land being developed plus the cost to acquire and improve the property plus the fair
share contribution, less any credit give by the City, as may be reasonably
determined by the City based upon the formula contained in Ordinance No. 1632. In
accordance with the Ordinance, the following areas or features shall not be eligible
for private park credit: golf courses, yards, court areas, setbacks, development
edges, slopes hillside areas (unless the area includes a public trail) landscaped
Resolution No. 22195
Page 8
development entries, meandering streams, land held as open space for wildlife
habitat, flood retention facilities and circulation improvements such as bicycle, hiking
and equestrian trails (unless such systems are directly linked to the City's
community-wide system and shown on the City's master plan).
CC&R
9. The applicant prior to issuance of building permits shall submit a draft declaration of
covenants, conditions and restrictions ("CC&R's") to the Director of Planning and
Zoning for approval in a form to be approved by the City Attorney, to be recorded
prior to approval of a final map. The City shall have the right but no the obligation to
enforce the CC&R's, the CC&R's 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
$3,500.00, for the review of the CC&R's by the City Attorney. A $664 filing fee shall
also be paid to the City Planning Department for administrative review purposes.
11.The CCR's shall have a disclosure statement regarding the location of the project
relative to roadway noise, City special events, roadway closures for special events
and other activities which may occur in the Central Business District, Desert
Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers
about traffic, noise and other activities which may occur in this area.
CULTURAL RESOURCES
12.Prior to any ground disturbing activity, including clearing and grubbing, installation of
utilities, and/or any construction related excavation, an Archaeologist qualified
according to the Secretary of the Interior's Standards and Guidelines, shall be
employed to survey the area for the presence of cultural resources identifiable on
the ground surface.
13.Given that portions of the project area are within an alluvial formation, the possibility
of buried resources is increased. A Native American Monitor shall be present
during all ground-disturbing activities.
a). Experience has shown that there is always a possibility of buried cultural
resources in a project area. Given that, a Native American Monitor(s) shall be
present during all ground disturbing activities including clearing and grubbing,
excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua
Caliente Band of Cahuilla Indian Cultural Office for additional information on
the use and availability of Cultural Resource Monitors. Should buried cultural
deposits be encountered, the Monitor shall contact the Director of Planning
and Zoning and after the consultation the Director shall have the authority to
halt destructive construction and shall notify a Qualified Archaeologist to
Resolution No. 22195
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investigate and, if necessary, the Qualified Archaeologist shall prepare a
treatment plan for submission to the State Historic Preservation Officer and
Agua Caliente Cultural Resource Coordinator for approval.
b). Two copies of any cultural resource documentation generated in connection
with this project, including reports of investigations, record search results and
site records/updates shall be forwarded to the Tribal Planning, Building, and
Engineering Department and one copy to the City Planning and Zoning
Department prior to final inspection.
FINAL DESIGN
14.Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted
for approval by the Department of Planning and zoning prior to issuance of a
building permit. Landscape plans shall be approved by the Riverside County
Agricultural Commissioner's Office prior to submittal.
15 The project shall be subject to the following development standards:
Standard Permitted
Lot Area 31,967 square feet
Lot Width 204 feet
Lot Depth 149.03 feet
Density 1 unit/2,500 sq. ft.
Building Height 24 feet 2-Sto
Setbacks
Front Yard 26.2 feet
Street Side Yard 25 feet
Interior Side Yard 11.5 feet
Rear Yard Set Back 8.8 feet
Building Distance 12 feet
Building Separation 38 feet
Parkin 22 12 covered
Height of Wall in Front Yard 6 feet
Open Space 45%
16.An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00,
Outdoor Lighting Standards, shall be submitted for review and approval by the
Director of Planning & Zoning prior to the issuance of building permits.
Manufacturer's cut sheets of all exterior lighting on the building and in the
landscaping shall be submitted for approval prior to issuance of a building permit. If
lights are proposed to be mounted on buildings, down-lights shall be utilized.
17.The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape Document
Resolution No. 22195
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Package to the Director of Planning and Zoning for review and approval prior to the
issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for
specific requirements.
18.Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall
be submitted and approved by the Building Official. Refer to Chapter 8.50 of the
Municipal Code for specific requirements.
19.The grading plan shall show the disposition of all cut and fill materials. Limits of site
disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
20.Separate architectural approval and permits shall be required for all signs. A
detailed sign program shall be submitted for review and approval by the Planning
Commission prior to issuance of building permits.
21.All materials on the flat portions of the roof shall be earth tone in color.
22.All awnings shall be maintained and periodically cleaned.
23.All roof mounted mechanical equipment shall be screened from all possible vantage
points both existing and future per Section 9303.00 of the Zoning Ordinance. The
screening shall be considered as an element of the overall design and must blend
with the architectural design of the building(s). The exterior elevations and roof
plans of the buildings shall indicate any fixtures or equipment to be located on the
roof of the building, the equipment heights, and type of screening. Parapets shall be
at least 6" above the equipment for the purpose of screening.
24.No exterior downspouts shall be permitted on any facade on the proposed
building(s) which are visible from adjacent streets or residential and commercial
areas.
25.Perimeter walls shall be designed, installed and maintained in compliance with the
corner cutback requirements as required in Section 9302.00.D.
26.The design, height, texture and color of building(s), fences and walls shall be
submitted for review and approval prior to issuance of building permits.
27.The street address numbering/lettering shall not exceed eight inches in height.
28.Submit plans meeting City standard for approval on the proposed trash and
recyclable materials enclosure prior to issuance of a building permit.
29.Details of pool fencing (material and color) and equipment area shall be submitted
with final landscape plan.
Resolution No. 22195
Page 11
30.No sirens, outside paging or any type of signalization will be permitted, except
approved alarm systems.
31.No outside storage of any kind shall be permitted except as approved as a part of
the proposed plan.
32.Vehicles associated with the operation of the proposed development including
company vehicles or employees vehicles shall not be permitted to park off the
proposed building site unless a parking management plan has been approved.
33.Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened and
located in the interior of the building. Electrical transformers must be located toward
the interior of the project maintaining a sufficient distance from the frontage(s) of the
project. Said transformer(s) must be adequately and decoratively screened.
34.The applicant shall provide all tenants with Conditions of Approval of this project.
35.Loading space facilities shall be provided in accordance with Section 9307.00 of the
Zoning Ordinance. Said facilities shall be indicated on the site plan and approved
prior to issuance of building permits.
36.Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces
shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep
by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2)
handicap spaces can share a common walkway. One in every eight (8) handicap
accessible spaces, but not less than one (1), shall be served by an 8 foot walkway
on the right side and shall be designated as "van accessible".
37.Handicapped accessibility shall be indicated on the site plan to include the location
of handicapped parking spaces, the main entrance to the proposed structure and the
path of travel to the main entrance. Consideration shall be given to potential
difficulties with the handicapped accessibility to the building due to the future grading
plans for the property.
38.Compact and handicapped spaces shall be appropriately marked per Section
93.06.00.C.10.
39.Curbs shall be installed at a minimum of five (5) feet from face of walls, fences,
buildings, or other structures. Areas that are not part of the maneuvering area shall
have curbs placed at a minimum of two (2) feet from the face of walls, fences or
buildings adjoining driveways.
40.Parking lot light fixtures shall align with stall striping and shall be located two to three
feet from curb face.
Resolution No. 22195
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41.Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be
provided every 10 parking spaces. Additional islands may be necessary to comply
with shading requirements.
42.Shading requirements for parking lot areas as set forth in Section 9306.00 of the
Zoning Ordinance shall be met. Details to be provided with final landscape plan.
43.Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or
elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6"
barrier curb shall provide wheel stops.
44.Concrete walks with a minimum width of two (2) feet shall be installed adjacent to
end parking spaces or end spaces shall be increased to eleven (11) feet wide.
45.Tree wells shall be provided within the parking lot and shall have a planting area of
six feet in diameter/width.
ENGINEERING DEPARTMENT
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
STREETS
46.Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
SAN LORENZO ROAD
47.Dedicate an easement 4 feet wide along the back of the proposed driveway
approaches for sidewalk purposes.
48.Remove the three existing driveway approaches and replace with new street
improvements (curb, gutter, and sidewalk) as necessary to match existing street
improvements in accordance with applicable City standards.
49.Remove the existing street improvements as necessary to construct a 10 feet wide
driveway approach in accordance with City of Palm Springs Standard Drawing No.
201. The centerline of the driveway approach shall be located approximately 12 feet
west of the east property line.
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50.Remove the existing street improvements as necessary to construct a driveway
approach to accommodate bay parking stalls along the San Lorenzo Road frontage
in accordance with City of Palm Springs Standard Drawing No. 201. The proposed
bay parking stalls shall be relocated 4 feet on-site to accommodate an accessible
path of travel along the back of the driveway approach. Bay parking stalls shall be
located completely on-site, behind sidewalk, and not within public right-of-way. The
centerline of the driveway approach shall be located approximately 70 feet west of
the east property line.
51.For on-site bay parking in residential and commercial zones, paving material shall be
decorative paving, colored and/or patterned to relate to the overall design in
accordance with Zoning Code 93.06.00 (C)(15)(e).
52.All broken or off grade street improvements shall be repaired or replaced.
RANDOM ROAD
53.Dedicate an easement 4 feet wide along the back of the proposed driveway
approach for sidewalk purposes.
54.Remove the existing street improvements as necessary to construct a 24 feet wide
two-way driveway approach in accordance with City of Palm Springs Standard
Drawing No. 201. The centerline of the driveway approach shall be located
approximately 30 feet southerly of the north property line.
55.All broken or off grade street improvements shall be repaired or replaced.
ON-SITE
56.The minimum pavement section for all on-site pavement parking lots shall be 2'/z
inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal. If an
alternative pavement 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.
57.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.
SANITARY SEWER
58.All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
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Page 14
acceptable to the City Engineer shall be included in the Covenants, Conditions and
Restrictions (CC&R's) required for this project.
GRADING
59.Submit a Precise Grading and Paving Plan prepared by a California registered civil
engineer to the Engineering Division for review and approval, for the areas of the
approved site plan that are to be renovated and reconstructed. 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 www.AQMD.gov. A Fugitive Dust Control Plan, in
conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be
submitted to and approved by the Engineering Division prior to approval of the
Grading plan. The Precise Grading and Paving Plan shall be approved by the City
Engineer prior to issuance of grading permit.
The first submittal of the Precise Grading and Paving Plan shall include the following
information: a copy of final approved conformed copy of Conditions of Approval; a
copy of a final approved conformed copy of the Site Plan; a copy of current Title
Report; and a Water Quality Management Plan (WQMP).
60.Prior to approval of a Grading Plan, the applicant shall obtain written approval to
proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal
Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the
Tribal Historic Preservation Officer, Richard Begay (760-699-6907), or the Tribal
Archaeologist, Patty Tuck (760-699-6907), to determine their requirements, if any,
associated with grading or other construction. The applicant is advised to contact
the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If
required, it is the responsibility of the applicant to coordinate scheduling of Tribal
monitors during grading or other construction, and to arrange payment of any
required fees associated with Tribal monitoring.
61.Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
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62.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
63.All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system. Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management Practices
(BMP's).
64.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.
GENERAL
65.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
Resolution No. 22195
Page 16
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.
66.On phases or elements of construction following initial site grading (e.g., sewer,
storm drain, or other utility work requiring trenching) associated with this project, the
applicant shall be responsible for coordinating the scheduled construction with the
Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal
Archaeologist. Unless the project site has previously been waived from any
requirements for Tribal monitoring, it is the applicant's responsibility to notify the
Tribal Historic Preservation Officer, Richard Begay (760-669-6907), or the Tribal
Archaeologist, Patty Tuck (760-669-6907) for any subsequent phases or elements of
construction that might require Tribal monitoring. If required, it is the responsibility of
the applicant to coordinate scheduling of Tribal monitors during construction, and to
arrange payment of any required fees associated with Tribal monitoring. Tribal
monitoring requirements may extend to off-site construction performed by utility
companies on behalf of the applicant (e.g. utility line extensions in off-site streets),
which shall be the responsibility of the applicant to coordinate and arrange payment
of any required fees for the utility companies.
67.All proposed utility lines shall be installed underground.
68.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, 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. The existing overhead utilities adjacent to
and across the property, meet the requirement to be installed underground. Utility
undergrounding shall extend to the nearest off-site power pole; no new power poles
shall be installed unless otherwise approved by the City Engineer. A letter from the
owners of the affected utilities shall be submitted to the Engineering Division prior to
approval of a grading plan, informing the City that they have been notified of the
City's utility undergrounding requirement and their intent to commence design of
utility undergrounding plans. When available, the utility undergrounding plan shall be
submitted to the Engineering Division identifying all above ground facilities in the
area of the project to be undergrounded. Undergrounding of existing overhead utility
lines shall be completed prior to issuance of a certificate of occupancy.
69.The applicant is advised that deferral of utility undergrounding requires specific
approval by the Planning Commission and City Council. 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
Resolution No. 22195
Page 17
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 building 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 in
effect at the time that the covenant is submitted shall be paid by the developer prior
to issuance of any grading or building permits.
70.All existing utilities shall be shown on the improvement plans required for the project.
The existing and proposed service laterals shall be shown from the main line to the
property line.
71.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 2004
drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
Acrobat 6.0 or greater) formats. 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.
72.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 final
certificate of occupancy. Any modifications or changes to approved improvement
plans shall be submitted to the City Engineer for approval prior to construction.
73.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.
74.AII 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 in
accordance with City of Palm Springs Standard Drawing No. 904.
MAP
76.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 permit; in the absence of a building permit, the Final Map
shall be approved by the City Council prior to issuance of certificate of occupancy.
Resolution No. 22195
Page 18
76.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.
77.Applicant shall provide tenant notification for subdivisions to be created from the
conversion of residential property into a condominium project in compliance with
Sections 66427.1 and 66452.3 of the Subdivision Map Act.
78.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 2004
drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing
exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the
type and format of G.I.S. digital data to be submitted to the City may be authorized,
upon prior approval of the City Engineer.
TRAFFIC
79.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 San Lorenzo
Road and Random Road frontages of the subject property.
80.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.
PUBLIC SAFETY CFD
81.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
Resolution No. 22195
Page 19
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.
Premises Identification:
82.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) Show location of address on plan elevation view. Show
requirement and dimensions of numbers in plan notes. Numbers shall be a minimum
4 inches, and of contrasting color to the background.
Plot Plan:
83 Prior to completion of the project, a 8.5"x11" plot plan and an electronic CAD version
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.
Fire Sprinklers Required:
84_An automatic fire sprinkler system is required.
Residential Smoke Detector Installation With Fire Sprinklers:
85.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.
Fire Department Access:
86 Fire Department Access Roads shall be provided and maintained in accordance with
Sections 901 and 902 CFC. (902.1 CFC)
87.Minimum Access Road Dimension
Resolution No. 22195
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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. 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.
a. Roads must be 30 feet wide when parking is not allowed on only one side of the
roadway.
c. Roads must be 40 feet wide when parking is not restricted.
d. Based on the median requirements fire department will require both left and right
turn access to this development.
Road Design:
87. 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.
Access:
88. Fire department access roads shall be provided so that no portion of the exterior
wall of the first floor of any building will be more than 150' from such roads. CFC
902.2.1
Access Gates:
89. 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.
Vertical Fire Apparatus Clearances:
90 Palm Springs fire apparatus require an unobstructed vertical clearance of not
less than 13 feet 6 inches. (902.22.1 CFC)
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Building or Complex Gate Locking Devices:
91. 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)
Key Box Contents:
92 The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms,
fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator
controls, plus a card containing the emergency contact people and phone
numbers for the building/complex.
Fire Flow:
93. Fire flaw for this project is estimated to be 1,650 GPM with fire sprinklers.
Water Supply:
94. The water supply and location/s of fire hydrants must be approved prior to any
work being performed on the job site. (903.1 CFC)
Operational Fire Hydrants:
95. An operational fire hydrant(s) shall be installed within 250' 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)
Trash Container Protection:
96. If trash container space is within 5 feet of a building wall provide information on
the type and size of trash container to be stored there. If it is a dumpster with a
capacity of 1.5 cubic yards or greater, then the container must be protected by an
approved automatic fire sprinkler. (11032,2 CFC)
Fire Extinguisher Requirements:
97. 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 along the
path of exit travel or near an exit door. Extinguishers located outdoors must be
installed in weather and vandal resistant cabinets approved for this purpose.
Resolution No. 22195
Page 22
Fencing Required:
98. Construction site fencing with 20 foot wide access gates is required for all
combustible construction over 5,000 square feet. Fencing shall remain intact until
buildings are stuccoed or covered and secured with lockable doors and windows.
(8.04.260 PSMC)
Access During Construction:
99. Access for firefighting equipment shall be provided to the immediate job site at
the stark of construction and maintained until all construction is complete. Fire
apparatus access roads shall have an unobstructed width of not less than 20 feet
and an unobstructed vertical clearance of not less than 13'6". Fire Department
access roads shall have an all weather driving surface and support a minimum
weight of 73,000 lbs. (Sec. 902 CFC)
END OF CONDITIONS