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HomeMy WebLinkAbout22084 - RESOLUTIONS - 11/7/2007 RESOLUTION NO. 22084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, OVERTURNING THE DECISION OF THE PLANNING COMMISSION AND GRANTING THE APPEAL OF VIA ESCUELA LAND PARTNERS, LLC APPROVING AN AMENDMENT TO PLANNED DEVELOPMENT DISTRICT PD-310 ALLOWING THE INSTALLATION OF AN ENTRY GATE AND TURN- AROUND AT 217 VIA ESCUELA, ZONE PD310, SECTION 3. WHEREAS, Via Escuela Land Partners, LLC. ("Applicant") has filed an application with the City pursuant to Section 94.03.00(G) of the Palm Springs Zoning Code to amend Planned Development District 310; and WHEREAS, on July 13, 2005, the Planning Commission recommend approval of Case No. 5.1038 PD-310 for Planned Development District 310 (PD-310) and Tentative Tract Map 33542 (TTM 33542) to the City Council; and WHEREAS, on September 7, 2005, the City Council approved Case No. 5.1038 PD- 310 for Planned Development District 310 (PD-310) and Tentative Tract Map 33542 (TTM 33542) to the City Council; and WHEREAS, on April 26, 2006, the Planning Commission approved Case No. 5.1038 PD 310 for Final Development Plans for Planned Development District 310; and WHEREAS, on September 26, 2007, a public meeting was held by the Planning Commission in accordance with applicable law and after consideration of a staff report denied the applicants request to amend Planned Development District 310; and WHEREAS, on September 28, 2007, the applicant filed an appeal of the Planning Commissions decision of September 26, 2007 to the City Council; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. Pursuant to the California Environmental Quality Act (CEQA), the project is Categorically Exempt from CEQA as a Section 15301 minor alteration to an existing facility. Resolution No, 22084 Page 2 SECTION 2. The City Council finds that the amendment to the Final Development Plans for Planned Development District 310 (PD 310) to allow installation of an entry gate and turn-around does not affect the intent of PD-310. Installation of the entry gate and turn-around will not affect the project's ability to provide housing to the City that is harmonious and desirable for the community. The project will continue to be consistent with the General Plan by providing multiple-family housing in a mixed-use area that will continue to be serviced by fully improved streets. The project will provide increased safety to residents while providing adequate access to emergency responders. SECTION 3. Based upon the foregoing, the City Council hereby overturns the decision of the Planning Commission and approves Case No. 5.1038 AMND PD310 to amend the final development plan for Planned Development District 310 to allow installation of an entry gate and turn-around, subject to the attached Conditions of Approval. ADOPTED this 7th day of November, 2007. David H. Ready, it sr ATTEST: mes Thompson, City Clerk Resolution No- 22084 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22084 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 the 7tn day of November, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tem Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. ?ity s Thompson, City Clerk pp-j - f Palm Springs, California t 1 f 2 f 2 Resolution No. 22084 Page 4 CONDITIONS OF APPROVAL. CASE TTM33542 CASE 5.1038 PD310 VIA ESCUELA LAND PARTNERS, LLC 217 VIA ESCUELA NOVEMBER 7, 2007 Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case TTM33542 — Tentative Tract Map and Case 5.1038— Planned Development District 310, The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. Resolution No. 22084 Page 5 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. 4. This project shall be subject to Chapters 224 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. 5. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The fee shall be collected by the Planning Services Department. 6. The Project will bring additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government C. Section 53311 et seq, or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. Resolution No. 22084 Page 6 CC&R's 7. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to approval of a final map. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances. 7a. The applicant shall include an article in the CC&R's permitting entry of officially contracted, private emergency response providers officially when responding to emergencies without need for permission from residents or other authorized personnel.' 8. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2,000, for the review of the CC&R's by the City Attorney. A $250 filing fee shall also be paid to the City Planning Department for administrative review purposes. Cultural Resources 9. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 10. The project area has the possibility of buried resources. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be 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 Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Added per City Council Resolution No. 22084, November 7, 2007 Resolution No. 22084 Page 7 Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, Department of Public Works, and Department of Parks and Recreation, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down lights shall be utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS 14. The Planned Development District approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 15. If the use of the subject property is ever changed, the City reserves the right to modify or revoke this Tentative Tract Map and/or Planned Development District application. 16. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Zoning for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. Resolution No. 22084 Page 8 17. 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. 18. 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. 19. 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. 20. All materials on the flat portions of the roof shall be earth tone in color. 21. All awnings shall be maintained and periodically cleaned. 22. 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. 22a. The optical preemption device installed near the entry gate shall be architecturally compatible with the project perimeter wall and entry gate. Elevations showing the entry gate, perimeter wall and optical preemption device shall be submitted to the Planning Department for review and approval.Z 23. 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. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 9302.00.D. 25. 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. 26. The street address numbering/lettering shall not exceed eight inches in height. 2 Added per City Council Resolution No. 22084, November 7, 2007 Resolution No, 22084 Page 9 27. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 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. 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. Standard parking spaces shall be 17 feet deep by 9 feet wide; handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 8 foot walkway at the right side of the parking space and shall be designated as "van accessible". 36. 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. 37. 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. Resolution No. 22084 Page 10 38. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 39. 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. 40. 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. 41. 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. 42. 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. 43. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 44. The development standards for the multiple-family residences are as follows: Multiple Family Residential — R-3 _ Required Proposed Lot Area 20,000 square feet 68,424 square feet Lot Width 140 feet 197 to 335 feet Lot Depth 175 feet 232 to 291 feet Density 34 units (1 unit/2,000 square 12 units feet Building Height 24 feet 23.5 feet Front Yard 25 feet 30 feet, except 10 (Major Thoroughfare) architectural columns at 28.5 feet Side Yard 24 feet along south property 10 feet* line 20 feet along Via Escuela 16.5 feet* Rear Yard 24 feet along west property 10.5 feet at building line. height of 12 feet 24 feet at building _ height of 23.6 feet Building Distance 15 feet 10.5 to 13.5 feet* Parkin Re uirements 24 covered 24 covered 3 guest arkin 42 11 uest parkin 3 Modified per City Council Resolution No. 22084, November 7, 2007 Resolution No. 22084 Page 11 POLICE DEPARTMENT 45. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 46. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT 47. Shall comply with all Fire Department codes and regulations 47a. Plot Plan: 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.° 47b. Premises Identification:Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 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_ 5 47c. 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.s 47d. 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)' 47e. Optical Preemption Device: the applicant shall install an optical preemption device or devices as reviewed and approved by the Fire Department to permit automatic entry through the entry gate of applicable emergency response vehicles to project site. 4 Added per City Council Resolution No. 22084, November 7, 2007 5 Added per City Council Resolution No. 22084 November 7, 2007 6 Added per City Council Resolution No. 22084, November 7, 2007 Added per City Council Resolution No. 22084, November 7, 2007 8 Added per City Council Resolution No. 22084, November 7, 2007 Resolution No. 22084 Page 12 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 48. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 49. Applicant shall obtain State permits and approval of plans for all work done on State Highway 111. A copy of Caltrans requirements shall be submitted to the City Engineer prior to the issuance of any grading or building permits. 50. NORTH PALM CANYON DRIVE 51. Prior to issuance of occupancy permits, the applicant shall install a bus shelter along the project's North Palm Canyon right-of-way at a location to be determined by the City Engineer and in compliance with State and Federal accessibility requirements. The design of the shelter shall complement the project architecture and shall be reviewed by the Director of Planning Services prior to installation. No turn-out shall be required. 52. Remove the existing curb returns at the northwest and southwest corners of the intersection of North Palm Canyon Drive and Via Escuela and construct new curb returns with spandrels in accordance with City of Palm Springs Standard Drawing No. 206. 53. Construct a 6 feet wide cross-gutter across the west side of the intersection of North Palm Canyon Drive at Via Escuela in accordance with City of Palm Springs Standard Drawing No. 200. 54. Check the operation of the irrigation and electrical lighting system for the existing palm trees located along the frontage of the property in consultation with the Parks and Recreation Department, and make necessary repairs as directed by the Director of Parks and Recreation. 55. All broken or oft grade street improvements shall be repaired or replaced. Resolution No. 22084 Page 13 VIA ESCUELA 56. Construct a 24 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 88 feet west of the east property line as shown on the approved site plan. 67. The ent5, „at be—Wd—+nsw-ffieiaa ^r,,,AA- t s caso +,,. amund U7-/'e4;lGles-W'RatNe--tvei-icn�cr�hc nr 9 58. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 59. All broken or off grade street improvements shall be repaired or replaced- ON-SITE 60. All on-site private driveways, drive aisles, parking areas and other common access areas shall be constructed in accordance with the approved site plan. All drive aisles shall have a 24 feet minimum width. 61. Construct curbs, curb and gutter, and cross-gutters as necessary to accept and convey on-site stormwater runoff to on-site detention basins and/or parkways, in accordance with applicable City Standards. 62. Construct a minimum pavement section of 2%2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, through the full width of the travel way (a minimum of 24 feet wide excluding the gutter at the centerline). 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. 6& Parking shall be prohibited along the private street except for designated parking areas. a Deleted per City Council Resolution No. 22084, November 7, 2007 Resolution No. 22084 Page 14 SANITARY SEWER 64. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 65. An on-site private sewer system shall collect sewage from the development and connect to the public sewer system in North Palm Canyon Drive. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards. A profile view of the on-site private sewer mains are not necessary provided sufficient invert information is indicated on the plan view, including elevations with conflicting utility lines. Connection of the on-site private sewer system to the public sewer main shall be connected as a lateral and not to an existing manhole or with a new manhole. Plans for sewers other than the private mains, (i.e. building sewers and laterals from the buildings to the on-site private sewer mains), are subject to review and approval by the Building Division. 66. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. 67. A minimum 10 feet wide easement for sewer purposes shall be reserved on the final map for the benefit of the Home Owners Association across the southeast corner of the property, within the area designated for Unit 7, as necessary to facilitate construction of the on-site sewer system and connection to the public sewer main in North Palm Canyon Drive. GRADING 68. Submit a Precise Grading Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District Resolution No. 22084 Page 15 (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 Elio Torrealba at AQMD at (909) 396-3752, or at etorrealba@AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 69. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 70. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760-346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to approval of a Grading Plan. 71. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 72. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 73. 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). Resolution No. 22084 Page 16 DRAINAGE 74. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final 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 configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface drainage solutions should be considered as alternatives to using landscaped parkways for on-site retention. 75. Provisions for the interception of nuisance water from entering adjacent public streets from the project site shall be provided through the use of a minor storm drain system that collects and conveys nuisance water to landscape or parkway areas adjacent to North Palm Canyon Drive and Via Escuela, and in only a stormwater runoff condition, pass runoff directly to the streets through parkway or under sidewalk drains. 76. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $6,511.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 77. Easements for drainage purposes shall be reserved on the final map for the benefit of the Home Owners Association across the southeast corner of the property, within the area designated for Unit 7, as necessary to facilitate construction of the on-site drainage system with overflow to North Palm Canyon Drive. GENERAL 78. 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. 79. All proposed utility lines shall be installed underground. Resolution No. 22084 Page 17 80. All existing utilities shall be shown on the grading plans. The existing and proposed service laterals shall be shown from the main line to the property line. 81. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 82. 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. 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 the west property line 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. 83. Contact Whitewater Mutual Water Company to determine impacts to any existing water lines and other facilities that may be located within the property. Make appropriate arrangements to protect in place or relocate any existing Whitewater Mutual Water Company facilities that are impacted by the development. A letter Resolution No. 22084 Page 18 of approval for relocated or adjusted facilities from Whitewater Mutual Water Company shall be submitted to the Engineering Division prior to issuance of a grading permit. 84. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 85. 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 86. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 87. Easements for sewer and drainage purposes shall be reserved on the final map for the benefit of the Home Owners Association, as required by these conditions. TRAFFIC 88. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 89. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development onto Via Escuela in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 90. 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. 91. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Resolution No. 22084 Page 19 92. A fair share contribution for the installation of a future traffic signal at the intersection of North Palm Canyon Drive and Via Escuela shall be made to the City. The amount has determined by the City Engineer from data provided in a traffic study prepared by George Dunn Engineering, revised December 11, 2003, and using estimated peak hour traffic volumes generated by the proposed development. The fair share contribution is $572. Payment shall be made prior to approval of a final map.