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HomeMy WebLinkAbout6/19/2002 - STAFF REPORTS (25) DATE: June 19, 2002 TO: City Council FROM: Director of Planning and Building TTM 30050 CASE NO. 5.0899-PD-271 -AN APPLICATION BY PALM CANYON, LLC FOR A 67- SINGLE FAMILY RESIDENTIAL SUBDIVISION, PLANNED DEVELOPMENT DISTRICT, AND SPECIFIC PLAN AMENDMENT FOR MODIFIED SPECIAL STREET SECTIONS ON 29.54 ACRES, LOCATED AT THE NORTHEAST CORNER OF ACANTO DRIVE AND SOUTH PALM CANYON DRIVE, ZONE R-1-13, W-R-1-13, SP-1, SECTION 35. RECOMMENDATION That the City Council order filing of a Negative Declaration and approve (A) Specific Plan No. 1 Amendments and (B) Tentative Tract Map 30050 and Case No. 5.0899 - Planned Development District271, allowing for a 67lot residential subdivision and Planned Development District 271 (PD- 271) of the 29.54 acre parcel at the northeast corner of Acanto Drive and South Palm Canyon Drive, subject to the conditions in the attached resolution.The applicant is Palm Canyon, LLC.The principals are Lee Brandenburg and Eric Brandenburg. The land is owned by Palm Canyon, LLC. SUMMARY The Planning Commission, at its May 22, 2002, meeting voted 6-0-1 to recommend filing of a Negative Declaration and approve Tentative Tract Map 30050 and Preliminary Planned Development District 271, subject to the conditions of approval. The Commission also indicated that there should be flexibility in the front yard setbacks to allow for architectural creativity and that the setbacks would depend on the mass and scale of the proposed units. Guidelines given for the front setbacks were 10 to 15 feet from the property line and 20 to 25 foot setbacks for garages. The Commission also instructed staff to work with the applicant to resolve the issue of a 5 foot meandering sidewalk adjacentto South Palm Canyon Drive and recommended narrowing the right- of-waywidth of the private streets, used for internal circulation,to 33 feet with parking on both sides of the street. Upon reviewing the Planning Commission's decision,the Fire Department determined that parking should only be allowed on one side of the street in order for the 33 foot street width to be in compliance with the California Fire Code, or that a 36 foot street width be required. A standard parking lane requires 8 feet and the minimum street width required per the California Fire Code is 20 feet, unobstructed. Engineering conditions #15A and #15B, attached, reflect the Planning Commission's recommendation and the Fire Department's recommendation, respectively. Council may choose either one of the conditions. BACKGROUND Palm Canyon, LLC has submitted an application for Tentative Tract Map 30050 and Case No. 5.0899-PD-271, requesting the entitlement of subdividing an existing 29.54 acre parcel into sixty- seven (67)single family residential lots. The lots average 14,500 square feet with the smallest lot ,2 I R being 13,687 square feet and the largest lot being 23,088 square feet. The property is zoned R-1- B and W-R-1-B with any overlay of Specific Plan - 1 (SP-1). The Canyon Park Resort and Spa Specific Plan (SP-1)was originally approved on July 19, 1991 and amended on January 19, 1994. The Specific Plan's purpose was to allow the construction of a destination resort, known as Canyon Park Resort&Spa and establish land use designations for surrounding properties. The specific plan area consists of 746 acres on South Palm Canyon Drive, southerly of Murray Canyon Drive,which includes the subject 29.54 acre parcel. SP-1 included up to 900 residential units, a 400 room resort hotel, including a spa and fitness complex, an 18-hole championship golf course and clubhouse, and accessory recreational and commercial facilities. Specific Plan implementation is to be by planned development district and subdivision maps. The applicant desires to re-subdivide a portion of what is shown in the approved Specific Plan as "Parcel #2" into 67 single-family lots. The property is vacant and currently subdivided into 63 single-family lots(Tract 12848)although the physical improvements were never made, nor any lots sold for residential purposes. Tract 12848 will be vacated upon the recordation of the Final Tract Map. The specific plan amendments will facilitate the redesign of the single-family project. The overall density is well within the adopted master plan allowance of 85 dwelling units. Access to the property will be from a gated entry on South Palm Canyon Drive. Forty-four feet of right-of-way and public utility easement is proposed to be dedicated from the subject tract to the City of Palm Springs. Existing improvements consist of two 2-lane undivided roadways. Internal circulation consists of a series of private streets and a cul-de-sac. Roadways within the subdivision would be privately maintained as would the two (2) lettered lots that include landscaping in front of the subdivision on South Palm Canyon and Acanto Drive. The Planned Development District includes adjustments to the R-1-B property development standards, namely, minimum lot size, minimum lot depth and width, reduction in front setbacks,and allowance of detached garages. The R-1-B zone requires a minimum lot area of 15,000 square feet with a lot width and depth of 120 feet and 120 feet, respectively. The proposed average lot area is 14,500 square feet with unit size yet to be determined. Lot sizes range from 13,687 square feet to 23,088 square feet. Lot width is proposed for 100 feet and lot depth for 85 feet. The required front setback in an R-1-B zone for the main residence and garage is 25 feet, with detached garages only permitted in R-1-A and R-1-AH Zones. The applicant is proposing front setbacks for the residences of 10 feet and detached garages with front setbacks of 20 feet. The remainder of the proposal conforms with R-1-13 property development standards. SPECIFIC PLAN AMENDMENT The proposed Specific Plan amendments refer to provisions for new fire stations and proposed street improvements on Acanto Drive and South Palm Canyon Drive, south of Bogert Trail. South Palm Canyon Drive will be reduced to a two-lane roadway with on-street bicycle paths, in consideration of the recent improvements to the Indian Canyons access road, south of Acanto Drive. The pavement section on South Palm Canyon Drive will be reduced to 40 feet instead of the standard 64 feet. The street design will include a 2-foot mow strip to meet the edge of pavement condition, equestrian trail, and a sidewalk to meander within the public right-of-way and 30 foot private parkway. Acanto Drive will be comprised of 29 feet of pavement, curb to curb, with no parking. There will be a mow strip on the south side of the street and a wedge curb on the north side. An additional 20 feet for an equestrian trail will be provided on the north side of Acanto Drive. At the intersection of South Palm Canyon Drive and Acanto Drive,the equestrian trail will be routed A4v around the Desert Water Agency's well site and connect to the trail on South Palm Canyon Drive. The proposed street improvements are attached to this document. As the ownership pattern in the Specific Plan area changes, there will be an increased need for fire protection. The amendments refer to provisions for either the developer, successors, the Agua Caliente Tribe of Cahuilla Indian, or City of Palm Springs to propose a site for future fire stations. ANALYSIS The General Plan designation for the property is L2 (Very-Low Density Residential 2 units/acre), and SP-1. Canyon Park Resort and Spa Specific Plan #1 is intended to adhere to the goals, policies, and objectives of the General Plan. The SP-1 has clustered density into various development areas to provide for larger grouping of golf, hotel, and residential uses. SP-1 allocated 85 units to the subject site. The proposal is for a 67-unit, gated, single family residential community. The Specific Plan also makes clear that while there is a minimum lot area, the size could be altered to meet planning, market, and other conditions. The Planning Commission supports the modifications to the R-1-13 lot size, depth,width, and provisions for detached garages. Following the Planning Commission's recommendation, the front and side front setbacks of 10 feet could be considered depending on the mass and scale of the proposed units. The Planning Commission recommended private street widths of 33 feet with parking on both sides. However, according to Section 902.2.2.1 of the California Fire Code, fire apparatus access roads shall have an unobstructed width of not less than 20 feet. In order for the private street widths to be compliant with the Fire Code, parking would have to be restricted to one side of the street. A provision for street widths to be modified by the Fire Chief may be considered per Section 902.2.1 Exceptions if buildings are completely protected with an approved automatic fire sprinkler system. Section 902 of the California Fire Code is attached to this report. City standard plans require 32 foot wide private streets with parking on 1 side or 36 foot wide streets with parking on both sides. The Planning Commission recommendation is based upon a desire to create a better subdivision design, create narrower streets, and reduce the amount of overall site paving. Skinny streets are a national trend in community planning. In addition, the City has numerous narrow streets in various existing neighborhoods. The project is consistent with the recorded Tract Map #12848 and will be compatible with surrounding land uses because the properties fall within the Specific Plan. The land to the east and west is vacant while the north includes an existing single family residential subdivision and a golf course. The property to the east has an approved TTM 29632 for 48 units on 25.01 acres. This map was approved by City Council on October 4th, 2000. The triangular shaped area on the northwest portion of the subject property will be needed for flood control and drainage. The developerwill take action to obtain an easement for flood control and drainage purposes. The land to the south is in Riverside County and includes residential land uses. The project density is below what was allocated for the site and therefore,will be consistent with planned land uses in the area. The Specific Plan Amendments for South Palm Canyon Drive and Acanto Drive address differences in the pavement widths from what is required in the Specific Plan. South Palm Canyon Drive is designated a Secondary Thoroughfare (88 ft. r/w) and Acanto Drive is designated a Collector Street (60 ft. r/w). South Palm Canyon Drive within SP-1 boundaries is to be a 4 lane through street with median. While the right-of-way widths will not be altered, the number of travel D-u*4 3 lanes will be modified to accommodate the design of the subject site and adjacent properties. The applicant proposes a 2 lane street on South Palm Canyon Drive with on-street bicycle paths and a 29-foot, two-lane roadwaywith no parking allowed on Acanto Drive. The intent is to narrow South Palm Canyon Drive starting at Bogert Trail and create a transition to a two lane roadway with then matches up with new Tribal roadway improvements south of Acanto Drive. The Environmental Assessment showed that the existing and proposed street network have the capacity to manage projected traffic volumes. In addition,the area south of the subject property is in Riverside County,which recently turned over building and permitting to the Agua Caliente Band of Cahuilla Indians. The adopted Tribal Heritage Park Master Plan for the area shows a reduction in density from 1400 units to 300 units. The reduction in potential units indicates that a four-lane roadway, as required by the General Plan, is not needed for South Palm Canyon Drive, south of Bogert Trail. The reduced pavement section will also be harmonious with the improvements to the Indian Canyons access road,south of Acanto Drive. The amendment to the Section N: Implementation/Phasing Fire Station policy is intended to recognize the new ownership pattern within the Specific Plan area, and ongoing discussions with the Tribal Council regarding fire protection needs within the Palm Canyon area. FLOOD CONTROL The subject property is in an area that is affected by surface runoff from several drainage areas within the San Jacinto Mountains. The Canyon Park Resort and Spa Specific Plan proposed a series of drainage improvements and facilities that essentially functions as an area flood control plan. The drainage improvements relative to Tract 30050 are considered Phase 1 of the overall master planned drainage improvements forthe Andreas Alluvial Cone, Dry Canyon,Arenas South and North Canyons and Palm Canyon Drainage Courses. The Phase 1 improvements exclude a sediment/debris basin near the southwest corner of South Palm Canyon Drive and Acanto Drive, which has been accepted as an interim improvement and will be maintained by Riverside County Flood Control and Water Conservation District(RCFCWCD). Improvements expected to be borne by the applicant include an earth berm embankment, inlet structure and storm drainage pipe, and drainage channel along the west side of the tract boundary, between the project and South Palm Canyon Drive. All together, excluding any costs associated with acquiring drainage easements across off-site property, the Phase 1 drainage improvements are expected to cost$2 million. The overall master plan, however, is broken into two other separate phases, with a total cost of $8 million estimated for all three phases. The Phase 1 drainage improvements are mandatory improvements necessary to safely develop Tract 30050. However, the costs associated with the Phase 1 drainage improvements may not support the economics of the project and is a significant reason why the South Palm Canyon area has remained undeveloped. The cost of drainage improvements will also limit the viability of future development. The Phase 1 drainage improvement costs represent approximately$40,000 per acre in drainage costs, whereas, throughout the rest of the City of Palm Springs, the highest per acre drainage fee adopted by the City is $9,212. As infrastructure improvements are disproportionate to certain properties, participation on the part of the City or Redevelopment Agency ("Agency") in off-setting the high costs of constructing the master-planned drainage improvements within the South Palm Canyon area may be required in order for viable development opportunities occur. The City has previously agreed in part to this concept, and has established a means to participate by establishing the area within its Community AYP Redevelopment Plan. Future discussion on the matter of City participation in the costs of public drainage improvements in the South Palm Canyon area will be necessary to further the objectives of Palm Canyon, LLC, and should include several options such as a reimbursement agreement, formation of a Benefit Assessment District, or redevelopment financing. If the applicant is required to construct the Phase 1 drainage improvements without City or Agency assistance, it is likely that physical construction of Tract 30050 by Palm Canyon, LLC may never occur, and that the area will remain undevelopable due to the high cost of the required flood control and drainage improvements. Table 1: Surrounding General Plan Designations, Zoning, and Land Uses General Plan Zoning Land Uses North M15, SP-1 R-1-B, SP-1, W-R-1-B Golf Course, Single Family Residential, Vacant, Drainage South L2, SP-1 n.a. Single Family Residential, Riverside County, Residential, Vacant East L2, SPA R-1-13, SPA Vacant, Approved TTM 29632 (48 Lot SFD) West L2, H/30, SPA R-1-A, SPA Vacant ENVIRONMENTAL ASSESSMENT In 1991, the City Council certified a Final Environmental Impact Report (FEIR) for SPA and, subsequently, in 1994,the City Council adopted a Mitigated Negative Declaration for amendments to SP-1. This Mitigated Negative Declaration and amendments to SPA assessed the environmental impacts resulting from the development of up to 85 dwellings on the subject property. The currently proposed 67 unit gated single family residential subdivision is consistent with SP-1. The attached Environmental Assessment(EA)has been prepared utilizing the previous Final Environmental Impact Report and Negative Declaration for the Canyon Park Resort and Spa. The purpose of the EA is to supplement the FEIR and the environmental analysis contained in SP- 1A by addressing the specific development impacts caused by the Specific Plan Amendments and development of the 29 acre site. In completing the EA,staff found a number of potentially significant impacts, including flood control, air quality, biological resources,fire protection, and cultural resources. Flood control for the project has been reviewed by the City Engineer and the RCFCWCD. Mitigation measures were recommended including an earth channel and storm drain piping system that will direct flows from south of Acanto Drive along South Palm Canyon Drive to an existing drainage wash, a final hydrology analysis, and easements for flood control and drainage purposes for the northwest area of the subject property. While the construction of 67 homes and related street improvements will increase the amount of hard surface runoff, water run-off will not exceed existing run-off and no impacts will remain after implementation of proposed mitigation measures and project conditions of approval. In terms of air quality, the project construction and grading will produce short-term diesel fume pollution and dust. As a result, a Fugitive Dust and Mitigation Plan shall be required prior to 42 T* issuance of building permits. Biological resources that may potentially be affected by the construction of the units are Casey's June Beetle and the Desert Tortoise. The Biological Resources Report and Impact Analysis for the El Portal Project, conducted in 2001, found Casey's June Beetle approximately 2500 feet east of the site. Due to proximity, the species may potentially migrate to or be found on the subject property. Potential impacts to habitat will be mitigated via a fee of$600 per acre to be paid to the City or a Habitat Conservation entity. The Desert Tortoise was not found on the site but presumed scat and burrow signs were located approximately 3000 feet northeast of the subject property. The species could potentially occur onsite and therefore, a clearance survey will be performed prior to issuance of grading permits. The site is located outside the Fire Department's 5-minute response time area and therefore will require automatic fire sprinklers for every home until a new fire station is constructed, as described in the proposed Specific Plan Amendments. An archaeological study conducted for the FEIR for the Canyon Park Resort and Spa showed no resources of historical or archaeological significance. However, recognizing the subject property's proximity to a cultural resource, potentially significant materials could be unearthed by grading and construction activities. As a result, archaeological monitoring will be provided during rough grading and all activities will halt if potentially significant remains or artifacts are found. Upon completion of the EA, staff found that although the proposed project could have a significant impact on the environment, there will not be a significant effect in this case because of the mitigation measures described in the Mitigated Negative Declaration. Staff received a response to the Environmental Assessment from the California Department of Transportation (CalTrans). Although the project does not abut State Highway 111, CalTrans indicated some concern regarding the cumulative impacts to State facilities resulting from growth in Palm Springs. The original FEIR and EA for the Canyon Park Resort and Spa Specific Plan addressed cumulative project impacts. The subsequent amendment, SP-1A, revised the trip generation rates when the Institute of Traffic Engineers (ITE) revised their trip generation document. Analysis of cumulative impacts for SP-1 and SP-1A was based on area build out potential, and addressed traffic impacts through trip generation data from ITE. The subject property was allocated a density of 85 units, on which the cumulative impacts were based. As the applicant proposes a density of 67 units, the impacts of the project will be even less than was originally forecast in the FOR. In addition, the recently adopted Tribal Heritage Park Master Plan reduced the number of potential units to 300 from 1400. A trip generation forecast was calculated and showed an increase of 640 average daily trips to the project area. The FEIR also included a section regarding traffic and circulation, which specifically addressed traffic volume, roadway and intersection capacity, cumulative traffic conditions in 2010 assuming complete build out, and a traffic management program. Projects are required to incorporate in the traffic management plan capital improvements to increase capacity,operational improvements and engineering designs that maximize the movement of vehicles, designs to reduce the need for vehicular travel, and travel mode alternatives. In response to CalTrans'concern regarding"fair-share"contributions,a local fund for transportation infrastructure was created with Measure A,which took effect on January 1, 1989, and included the Transportation Uniform Mitigation Fee (TUMF). The ballot measure provided an orderly process for planning, prioritizing, coordinating, and financing the construction of the Coachella Valley's transportation projects. The controlling body is the Coachella Valley Association of Governments (CVAG), made up elected officials from each valley city. TUMF is a development fee and is a4Rb calculated based on trip generation for the type of project. For residential developments, it is a flat fee based on square footage. The fee is calculated using the following formula: $794.31 per house (regardless of square footage) The fee is then directed towards the Coachella Valley Association of Governments (CVAG) transportation fund. The funds are used for regional improvements and also dispersed to each city to off set costs associated with local transportation infrastructure improvements. The project and associated environmental analysis complies with the Congestion Management Plan. PUBLIC NOTICE AND NOTIFICATION All property owners within four hundred (400) feet of the subject site have been notified and a 1/8 page ad was placed in the newspaper. In addition, the EA was sent to the State Clearinghouse, local utilities, interested parties, and appropriate federal agencies. As of the writing of this report, staff has not received any correspondence from adjacent property owners or the general public. y Director of F&dnning and Building City Manager ATTACHMENTS 1. Vicinity Map 2. SCAG Clearinghouse Letter 3. Palm Springs Unified School District Letter 4. Planned Development District modifications 5. CalTrans Letter 6. Fire Department Memo re: street widths 7. Section 902 California Fire Code 8. Resolution 9. Conditions of Approval 10. Ordinances 0 47 VICINITY MAP E. PALM CANYON DRIVE w ij sa LA VERNE WAY a vi MURRAY CANYON 0 z z w BOGERT TRAIL 0 14,16;,E�ri!_,M "' � SITE DRIVE W . r s O� rQ� CITY OF PALM SPRINGS CASE NO. TTM 30050 DESCRIPTION 5.0899 - PD-271 APPLICANT palm Canyon, LLC Application for a subdivision of a 29.54 acre parcel into 67 single family residential lots, Zone R-1-13, W-R-1-13, SP-1, Section 35. "Ili nn Ct. �n Nf FV C E ll u E SOUTHERN CALIFORNIA MaC D MAY U 2002 1, 2002 �.� y r k1is;;?C EINISION Mr. Douglas R. Evans City of Palm Springs ASSOCIATION of 3200 E. Tahquitz Canyon Way GOVERNMENTS Palm Spring, CA 92263-2743 RE: SCAG Clearinghouse No. 120020215 Tentative Tract Map 30050 Main Office sis West Seventh Street Dear Mr. Evens: izth Floor Los Angeles,California Thank you for submitting the Tentative Tract Map 30050 to SCAG for review and comment. As areawide clearinghouse for regionally significant 90017-3435 projects, SCAG reviews the consistency of local plans, projects and programs with regional plans. This activity is based on SCAG's t(213)236-1800 responsibilities as a regional planning organization pursuant to state and f(213)236-L825 federal laws and regulations. Guidance provided by these reviews is intended to assist local agencies and project sponsors to take actions that www.scag.ca.gov contribute to the attainment of regional goals and policies. Ol foot President Supervisor Ion M1Lkek,County of Ban Bernardino • Pint Vice President. We have reviewed the Tentative Tract Map 30050, and have determined that Cannot member Hal Benison, Los Angeles Be,Dndima ien,?art Mayne ProTemBeeHm, the proposed Project is not regionally significant per SCAG Intergovemmental Be,.•I Von President Past Frame nL Mayor Ron Balc[, LosMaMtos Review (IGR) Criteria and California Environmental Quality Act (CEQA) ",dial County Flank Kutpu,Imputed County Guidelines (Section 15206). The proposed project is not a residential Los Angelo Cowry Yvmme Broloyalto Burke, Los Angeles County•Zev Yarmlitskg Los Angeles development of more than 500 dwelling units. Therefore, the proposed Project County • Harry Baldwin,San Gabriel • Bruce Barrows. Cude., • George Be., Bell • Hal does not warrant comments at this time. Should there be a change in the Gene DanleIr.Parammen-In Ann,Dar�g Santa scope of the proposed Project, we would appreciate the opportunity to review Chita•RUM Galamer,Los Angeles•Lrte Gerona. Los Angeles•Ray GrabamE,Long Beach•Jenne, and comment at that time. Hshn,Los Angeles•palm Hahn,Las Angeles Dee Hardison,Toriance•Nee Holden,Los Angeles l.,J oJacobs.�,e lar-ralud.Lou, r,li - A description of the proposed Project was published in SCAG's April 30, 2002 POOL McCmthg Downey•Cindy MasctkowsL,Los Angels[ • Slmey R,nrplay, Burbank . Pam Intergovernmental Review Clearinghouse Report for public review and O'Cannoq Sama Monies • N'k Pa,h,m, Los Angeles•Ale[Ful la,Los Angeles•Jan Put,,Los comment. Angeles•Ibninon For,PimAtv,n•Mark Wdley- Plenary,Us Angeles•Ed Buy,"Los Angeles- Kento-Tom Sykes l,Cl rren- aul Click TunetaM rd,Aama The project title and SCAG Clearinghouse number should be used in all •Tom Sykes,Walnut Pooh Wale Albans Btdneyre Wien eer,Ca1ilo Wachs,Wms"eles correspondence with SCAG concerning this Project, Correspondence should •annals Washburn,Calabasu•]ack Weiss,Lai Angeles•Dennis P ZlnG for Austin, be sent to the attention of the Clearinghouse Coordinator. If you have any Oesnge County,Chalet smith,orange County Be.Bates,Los Alamams•Ralph➢auer,Hutmngton questions, please contact me at (213)236-1867, Thank you. Beach•ke But—Buena Park•Lou Bone Thsun Eltenbeda Cow n,Costa Mesa•Ced"yn DeYoung, Lgma Nigu,l•Mound Erma,bake Forest•Alta Sincerely, Duke,h PJma•Shale McCracken,Amhom Ma Perry,Btea•Tad Ridgeway,Newport➢inch Ron to County Bob ta Buster,Rnernd,County• Ron - Ro Bob,,.,no, de•Greg Penn,Cathedral _ Coo• Ran Rberts,Temecula • Jan Rudman, 4ntergovernmental Co m•Chndes White,Morena ValleyBan ohn. Cou Gnmill nn Makela, Ban Y MSITH,ABernardino County • ➢dl Alexander, Raucho �{�{Crime.,-DamdE[hleman,Iumosea•LeeAmorPlBa erGarda,Grand Terrace-Bob hunts;V¢mrvJle•Geenn Norton-Perry,Chino Hills•Judith Vallee, Review San Bernardino Bonnie Comryt Judy Wells,Ventura County Glen Soo erra.Slmt valley•Erma Be Paola,San Buenavemure-Tom Young,Pert Hueneme Riverside Comty Treemportatim Comtniasiont Rohm Lamuman vea Comty'Pramportadon Commissions ➢111 navtt Yi SIm1 uttval Valley PALM SPRINGS UNIFIED SCHOOL DISTRICT 980 EAST TAHOUITZ CANYON WAY PALM SPRINGS, CALIFORNIA 922 62-011 9 (760) 416-6000 FAX (760) 416-6015 WILLLAM'E.;DIEDRICH, Ph:D., Superintendent o,t '$ch,00lsi BOARD OF EDUCATION:DONALD T.AIKENS,President—MICHAEL McCABE, Clerk ANDREW GREEN, Member—MEREDY SHOENBERGER,Member—SHARI STEWART, Member FP - DouglasIVED May 9, 2002 0 2002 G DIVISION R. Evans City of Palm Springs 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 RE: APN NO. 512-300-001 thru 030 S. Palm Canyon/Acanto Drive Dear Mr. Evans: There is no impact to school facilities due to this amendment. However, school developer fees will rise as of June 24, 2002. Residential construction fees will be $2.14 per square foot and $0.34 per square foot for commercial construction. Sin r — � William J. Schmidt Facilities Planning and Development /nij a�i��a STATE OF CALIFORNIA—BUSINESS,TRANSPORTATION AND HOUSING AGENCY GRAY DAVIS,Govemor DEPARTMENT OF TRANSPORTATION DISTRICT 8 464 W Fourth Street,61h Floor MS 726 RECEIVED San Bernardino, CA 92401-1400 PHONE (909)383-6327 FAX (909)383-6890 May 17, 2002 =GD 08-Riv-111-R47.795 PLANNIN IVISION SCH#2002041155 Mr. Douglas R. Evans Director of Planning &Building Planning Department City of Palms Spring 3200 E. Tahquitz Canyon Way Palm Springs, CA 92263 Dear Mr. Evans: Notice of Completion&Environmental Document for Tentative Tract Man 30050 Pahn Canyon LLC,Applicant We have received the above notification relevant to Tentative Tract Map 30050,proposing development of 67 single-family lots on 29.54 acres of property located at the northeast corner of South Pahn Canyon Drive and Acanto Drive. Because this project is located some distance from State Route 111, our concerns with direct project impact are minimal. However,we are concerned with future "cumulative"impacts to State facilities resulting from continued growth in the Palm Springs area. With this in mind, we recommend that the project EIR include discussion of policies outlined in the Congestion Management Plan of the Riverside County Transportation Commission, and pertinence thereof to TTR 30050. EIR discussion should also include a method for determining cumulative project impacts to area transportation facilities as well as a formula for calculating "fair-share"contributions to a local fund designated for use in building or upgrading area transportation infrastructure. Thank you for providing us this opportunity to review the Etivironniental lnitiai Study for Tentative Tract Map 30050. If you have any questions regarding this letter,please contact Mr. Kee T. Ooi at (909) 383-4149 for assistance. Sincerely, ,lJ LINDA GRIMES, Chief Office of Forecasting/IGR-CEQA Review Transportation Planning Division cc: S. Morgan—State ClearingHouse 40011 zna-�- To: Memorandum 47 Date: May 29, 2002 Doug Evans, (Dir ctor of Planning & Building Z71 From: Carl Thibeault;'�ire Marshal TAM 3d `o Subject: Palm Canyon LLC, TTM 30050 I understand that the Planning Commission recently approved a 33 ft. wide street for this development with parking on both sides of the street. The minimum street width allowable in the latest edition of the California Fire Code is 20 ft. unobstructed. Utilizing a standard 8 ft. parking lane a 33 ft. wide street would only be allowed to have parking on one side. If parking were to be allowed on only one side of the street within this residential development it would seem nearly impossible to enforce. It makes more sense to add 3 ft. to the width as was shown in the original application and allow parking on both sides with no restrictions. Because this minimum street width has been adopted as part of the California Fire Code by the City Council we, as the Fire Department, do not have the ability to grant a variance on it. If the applicant is firm in the desire to have less than 36 ft, wide streets with parking on both sides then the formal variance procedure should be initiated in order for this to proceed to the City Council for their decision. Cc Bary Freet Jing Yeo Dave Mathews City of Palm Springs Fire Department 1998 CALIFORNIA FIRE CODE 901 1 902.2.2.1 PART III GENERAL PROVISIONS FOR SAFETY ARTICLE 9— FIRE DEPARTMENT ACCESS AND WATER SUPPLY SECTION 901 —GENERAL 901.4.5 Street or road signs. When required by the chief,streets 901.1 Scope. Fire department access and water supply shall be and roads shall be identified with approved signs. in accordance with Article 9. 901.5 Obstruction and Control of Fire Apparatus Access 'Roads and Fire-protection Equipment. See Sections 902.2.4 For firesafety during construction,alteration or demolition of a and 1001.7. building, see Article 87. 901.6 Fire Protection in Recreational Vehicle,Mobile Home 901.2 Permits and Plans. and Manufactured Housing Parks, Sales Lots and Storage Lots. Recreational vehicle, mobile home and manufactured 901.2.1 Permits. A permit is required to use or operate fire hy- housing parks,sales lots and storage lots shall provide and main- drants or valves intended for fire-suppression purposes which are tain fire hydrants and access roads in accordance with Sections installed on water systems and accessible to public highways, 902 and 903. alleys or private ways open to or generally used by the public.See Section 105,Permit f.1. EXCEPTION: Recreational vehicle parks located in remote areas shall be provided with protection and access roadways as required by EXCEPTION: A permit is not required for persons employed and the chief. authorized by the water company which supplies the system to use or operate fire hydrants or valves SECTION 902—FIRE DEPARTMENT ACCESS 901.2.2 Plans. 902.1 General. Fire department access roads shall be provided 901.2.2.1 Fire apparatus access. Plans for fire apparatus access and maintained in accordance with Sections 901 and 902. roads shall be submitted to the fire department for review and ap- 902.2 Fire Apparatus Access Roads. proval prior to construction. 902.2.1 Required access. Fire apparatus access roads shall be 901.2.2.2 Fire hydrant systems. Plans and specifications for provided in accordance with Sections 901 and 902.2 for every fire hydrant systems shall be submitted to the fire department for facility,building or portion of a building hereafter constructed or review and approval prior to construction. movc lot, or within the jurisdiction when any poruo_n of[he 901.3 Timing of Installation. When fire protection, including f chit B r any onion of an exterior wait or[r(—e}first ) fire apparatus access roads and water supplies for fire protection, building is located more than 1 0 et 45 720 rum from fire is required to be installed, such protection shall be installed and apparatus acccess as measured by an approved route around t e made serviceable prior to and during the time of construction. sonnel� r of ss to buildings. g facility.See also Section 902.3 for per- sonnel access to buildings. EXCEPTION: When alternate methods of protection, as Q35ysT'LrY,n ems, EXCEPTIONS: 1.When buildings are com, pletely protected with approved, are provided,the requirements of Section 901.3 may be an approved automatic fire sprinkler system,the provisions of Sections modified or waived. 902.2.1 and 902.2.2,Ta be modified by the chief. 901.4 Required Marking of Fire Apparatus Access Roads, 2.When access roads cannot be installed due to location on property, Addresses and Fire-protection Equipment. topography,waterways,nonnegotiable grades or other similar condi- tions,the chief is authorized to require additional fire protection as spe- 901.4.1 General. Marking of fire apparatus access roads, cified in Section 1001.9 addresses and fire-protection equipment shall be in accordance 3.When there are not more than two Group R,Division 3,or Group with Section 901.4. U Occupancies,the requirements of Sections 902.2.1 and 902.2.2 may be modified by the chief. 901.4.2 Fire apparatus access roads. When required by the More than one fire apparatus road shall be provided when it is chief, approved signs or other approved notices shall be provided determined by the chief that access by a single road might be im- and maintained for fire apparatus access roads to identify such paired by vehicle congestion,condition of terrain,climatic condi- roads and prohibit the obstruction thereof or both. tions or other factors that could limit access. 901.4.3 Fire-protection equipment and fire hydrants. Fire- For high-piled combustible storage,see Section 8102.6.1. Protection equipment and fire hydrants shall be clearly identified For required access during construction, alteration or demoli- in an approved manner to prevent obstruction by parking and other tion of a building,see Section 8704.2. obstructions. 902.2.2 Specifications. p'- When required by the chief, .hydrant locations shall be 902.2.2.1 Dimensions. Fire apparatus access roads shall have an 1 identified by t fie installation of reflective markers. un0 s rac[ed width of not less than 20 feet(6096 rum)and an un- Ut See also Section 1001.7. obstructed vertical clearance of tot less than 13 feet 6 inches(4115 min). 901.4.4 Premises identification. Approved numbers or ad- EXCEPTION: vertical clearance may be reduced,provided such Idresses shall be provided for all new and existing buildings such reduction does not impair access by fire apparatus and approved signs a position as to be plainly visible and legible from the street or road are installed and maintained indicating the established vertical clear- fronting the property, ante when approved. 1-27 2_uA ► 3 ILI °Se c ra cV 61 S 8j Iy-9 aCY �'ti�c `,�✓" Anl�✓SSCJ��°bssO✓i yi:� - b _ cly 'a2 I I - cJL _ter 009 615 613 .r •, ••''f' Vista Canyon r' 505 51^arrell Dr 475 Paha Springs, CA 92264 vl�I =US RETURN TO 5EN➢ER NO FORWARQ OR7DEF. ON F RETURN TO TO SENDEFr 7s�' y�ol'afi 4.1,0 92GG0 yGp1 OC a4 ~ SC, s%pa 21 r 5 one J _ palm S E1 c. Undo- J �— J_ anpgs qPt. 2 r� 5 AFFIDAVIT OF MAILING NOTICES I, the undersigned City Clerk of the City of Palm Springs, California, do hereby certify that a copy of the Notice of Public Hearing before the City Council of the City of Palm Springs,in conjunction with Case No. 5.0899(A) and Case No. 5.0899 (B), PD-271 TTM 30050, for application for a subdivision of a 29.54 acre parcel into 67 single family residential lots, located at northeast corner of South Palm Canyon Drive and Acanto Drive, applicant, Palm Canyon, LLC, was mailed to each and every person on the attached list on the 30th day of May,2002. A copy of said Notice is attached hereto. Said mailing was completed by placing a copy of said Notice in a sealed envelope,with postage prepaid, and depositing same in the U.S.Mail at Palm Springs, California. I declare under penalty of perjury that the foregoing is true and correct. Dated at Palm Springs, California, this 301h day of May, 2002. s° PATRICIA A. SANDERS City Clerk CITY COUNCIL CITY OF PALM SPRINGS Case No. 5.0899 - PD-271 TTM 30050 Northeast corner of South Palm Canyon Drive and Acanto Drive NOTICE IS HEREBY GIVEN that the City Council of the City of Palm Springs, California, will hold a public hearing at its meeting of June 19, 2002. The City Council meeting begins at 7:00 p.m. in the Council Chambers at City Hall, 3200 E. Tahquitz Canyon Way, Palm Springs. The purpose of the hearing is to consider Case 5.0899(A), an application by Palm Canyon, LLC to amend Specific Plan #1 by revising the Section I Circulation Plan to include modified special street sections for South Palm Canyon Drive, between Bogert Trail and Acanto Drive, and Acanto Drive east of South Palm Canyon Drive. The amendment also includes revising the Section N Implementation/Phasing Fire Station Plan for future fire station locations. The second request is for Case 5.0899(B), an application for Planned Development District 271 and Tentative Tract Map 30050 for modifications to the R-1-B property development standards(lot size, front yard setbacks, and garage setbacks) and the subdivision of 29.54 acres into 67 single family residential lots and associated on and off site improvements. The property is located at the northeast corner of South Palm Canyon Drive and Acanto Drive, R-1-B, W-R-1-B, SP-1 Zone, Section 35. An Environmental Assessment has been prepared and will be reviewed by the Planning Commission at the meeting. A draft Mitigated Negative Declaration of Environmental Impact has been prepared for the subject proposal. Members of the public may view this document in the Department of Planning and Building, City Hall, 3200 E.Tahquitz Canyon Way, Palm Springs, and submit written comments to the City Clerk at, or prior to, the City Council hearing. If any group challenges the action in court, issues raised may be limited to only those issues raised at the public hearing described in this notice or in written correspondence at, or prior to the City Council hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Douglas R. Evans, Director of Planning and Building, (760) 323-8245. PATRICIA A. SANDERS Publish: May 28, 2002 City Clerk The Public Record VICINITY MAP C. PALM CANYON DRIVE z LA VERNE WAY vi MURRAY CANYON i� sw BOGERT TRAIL SITE VE �!�/ O/ r� CITY OF PALM SPRINGS CASE NO. TTnn 30050 DESCRIPTION 5.0899 - PD-271 Application for a subdivision of a 29.54 acre APPLICANT Palm Canyon, 1 parcel into 67 single family residential lots, Zone R-1-13, W-R-1-13, SP-1, Section 35. C44u VV, Z.6)89 i '6 14-ate. Palm Canyon LLC Mainiero, Smith &Associates Palm Canyon LLC 1122 Willow Street, Suite 200 777 E. Tahquitz Canyon Way 1122 Willow Street, Suite 200 San Jose, CA 95125 Suite 301 San Jose, CA 95125 Palm Springs, CA 92262 Mainiero, Smith & Associates Palm Canyon LLC Mainiero, Smith &Associates 777 E. Tahquitz Canyon Way 1122 Willow Street, Suite 200 777 E. Tahquitz Canyon Way Suite 301 San Jose, CA 95125 Suite 301 Palm Springs, CA 92262 Palm Springs, CA 92262 Palm Canyon LLC Mainiero, Smith &Associates 1122 Willow Street, Suite 200 777 E. Tahquitz Canyon Way San Jose, CA 95125 Suite 301 Palm Springs, CA 92262 Tnd /an Lan Leonard J. Saubel Gwendolyn Salgado Robert Stephen Saubel Estate 1510 Calle Palo Fierro 2960 Chuperosa C/O BIA-Palm Springs Field Office Palm Springs, CA 92262 Palm Springs, CA 92262 P.O. box 2245 Palm Springs, CA 92263 Annette Louise Guzman Lois Segundo Eugene J. Segundo, Jr. 557 S. El Cielo, Apt 25 44470 Acacia Drive 557 S. El Cielo, Apt. 25 Palm Springs, CA 92262 Palm Desert, CA 92262 Palm Springs, CA 92264 Renona R. Pennington Corinne Siva Dora Prieto Estate 1032 N. Joyce Avenue 2431 Tamarisk Road C/O BIA Palm Springs Field Office Rialto, CA 92376 Palm Springs, CA 92262 P.O. Box 2245 Palm Springs, CA 92263 Richard A. Miguel Anthony J. Andreas Deanna Andreas 38-500 S. Palm Canyon Dr. 3022 W. Nicolet P.O. Box 1563 Palm Springs, CA 92264 Banning, CA 92220 San Jacinto, CA 92581 John D. Andreas Estate Belinda S. Short Georgiana Ellen Rice Ward c/o BIA P.S. Field Office 2102 Powell Road P.O. Box 1282 P.O. Box 2245 Palm Springs, CA 92262 Banning, CA 92220 Palm Springs, CA 92262 Leonard C. Bow Paula J. Bleile Belknap James W. Chormicle 950 E. Dogwood Circle 1115 Ole Mavrick Road P.O. Box 3383 Palm Springs, CA 92262 Cheyenne, WY 82009 Palm Springs, CA 92263 Richard W. Chronicle Diana M. Bow Lucille A. Bow 260 Ave. De Mesilla 135 Arroqui Street P.O. Box 85 Las Cruces, NM 88005 Montecito, CA 93108 Pala, CA 92059 Elizabeth a. Welmas Ronette Saubel Ronald R. Saubel Jr. P.O. Box 161 600 N. Woodland Avenue 3022 W. Nicolet Bonsall, CA 92003 Banning, CA 92220 Banning, CA 92220 Lisa Bleile Yolanda C. Rogers Michael J. Pete 28420 Orting Kaposin Hwy. East P.O., Box 136 P.O. Box 903 Graham, WA 98338 Dona Ana, NM 88032 Palm Springs, CA 92263 Eugene J. Pete Richard T. Little, Jr. Christine Pete P.O. Box 903 100 S. Sunrise Way, PMB 143 c/o Cal McIntosh Law Cor., Palm Springs, CA 92263 Palm Springs, CA 92262 72-304 Sommerset Drive Palm Desert, CA 92260 J- nd r'An Lkh d Delbert Saubel Beverly Diaz Priscilla Gonzales c/o Law Office of Joseph Roman P.O. Box J 1632 Sagebrush 2825 E. Tahquitz Canyon Way Pala, CA 92509 Palm Springs, CA 92262 Palm Springs, CA 92262 Ray Patencio Ruth Patencio Barbara Gonzales 2432 Toledo Avenue 1333 Belardo Road, Apt 3050 P.O. Box 247 Palm Springs, CA 92262 Palm Springs, CA 92262 Thousand Palms, CA 92276 Tonetta Torro Larry Torro Garry Torro 66805 Flora Avenue 34580 Judy Lane 34580 Judy Lane Desert Hot Springs, CA 92240 Cathedral City, CA 92234 Cathedral City, CA 92234 Jim Torro Debrah Purnel Edmund Peter Siva 3295 S. Palm Canyon Drive 68-320 Bahada 200 W. Vereda Sur Palm Springs, CA 92264 Cathedral City, CA 92234 Palm Springs, CA 92262 Debra Olinger P.O. Box 94 Tesuque, NM 87574-0094 Smooth Feed biwWN Use templatefor s360® NEIGHBORHOOD COALITION LABELS Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 Philip Tedesco Sharon Lock Frank Tysen 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 Bob Weithorn Jane Smith 261 South Belardo-Road 928 Avenida Palmas Palm Springs, CA 92264 Palm Springs, CA 92262 Bob Seale Christine Hammond John Hunter 280 Camino Sur 373 South Monte Vista Drive P.O. Box 2824 Palm Springs, CA 92262 Palm Springs, CA 92264 Palm Springs, CA 92263 ysen Philip Tedesco Sharon Lock Frank 1303 West Primavera Drive 1517 Sagebrush Casa Cody Palm Springs, CA 92264 Palm Springs, CA 92264 175 South Cahuilla Road Palm Springs, CA 92264 I Bob Weithorn Jane Smith 8 LABELS PER SET 261 South Belardo Road 928 Avenida Palmas 3 SETS OF LABELS Palm Springs, CA 92264 Palm Springs, CA 92262 1 SET MAILED w 512 2016 512 920 7 51? 292018 Palm n Llc Palm you Llc Palm on Llc yy 333 a Clara St#1212 333 S la Clara St#1212 333 Sa a Clara '#1212 S Jose, 95113 S Jose, CA 95113 S Jose, CA 95 3 512 293 O1 512X930yc2 512 9 3 Pa nyon Llc Paln Lle Pali you Lle 333 anta Clara St#1 333o Clara St#1212 3 nta Clara St#1212 Sa Jose, 95113 San Jose, CA 95113 < Jose, CA 95113 293 4 29' 512 293 005 512 293 006 ' Palm nyon Llc PalNosec Llc Palm v on Llc 333 to Clara St#1212 333 Clara St #1212 333 to Clara St#1212 San Jose, CA 95113 San95113 Sa ose, CA 95113 5 2 293 0 7 512 93 008 512 93 009 Pa Ct you Lie Palm yen Llc Palm on Llc 333 W nta Clara St#1212 333 W to Clara 41212 333 W rta Clara St#1212 San ose, 95113 San Jose, C 95 3 San ose, CA 95113 512 293 010 512 293 512 2 012 Pa C iyon Llc Palm on Llc Palm Ca a Lle 333 nta Clara St 41212 333 \ na Clara St#1 12 333 a a Clara St#1212 Sa ose, 95113 San J e, A 95113 Sa Jose, CA 95113 12 293 13 2 300 Ol 512 00 002 Pa nyon Lle Paln anyon Llc Palm n n Llc 333 lnta Clara St#1212 333 S, to Clara St#1212 333 W to Clara St#1212 Sat Jose, 95113 San Jose, CA 95113 Sa ose, A 95113 512 3� 512 300 yo 51 30000 00 P, anyon Llc Pa nyon Llc Palm on Llc 333 It_ Clara St#1212 333 ❑la Clara St 41212 33 na Clara St 41212 San Jose, C 95113 San Jose, A 95113 S Jose, CA 95113 512300096 512 300 07 51 3 000 Pa C you Llc Pa nyon Llc Palm Lyon Llc 333 NYSajita Clara St#12 2 333 na Clara St#1212 333 nta Clara St 41212 San lose, C 95113 San ose, 95113 S a Jose, A 95113 51 , 00 9 51 00 0 512 00 01 Palm ion Llc Pahn you Lie Palm on LI 333 San Cl< a St#1212 333 an Clara St #1212 333 nta Clar St#1212 San Jose, lc 5113 San osc, CA 95113 n Jose, A 9511 512 300 0 2 51X3iti )3S, 01 Pa Ca on Llc Pa Llc 11111 Yon Llc 333 W tta Clara St#1212 33 Clara St#1212 la Clara St#1 12 San J se, C 95113 Sa95113 e, A 95113 h A 009 607 524 009 607 525 009 607 526 West Pointe Homes Inc Ldw Inv Epp 960 Westlake Blvd 4204 1444 S Alpine Dr 374 W Wistaria Ave Westlake Village, CA 91361 West Covina, CA 91791 Arcadia, CA 91007 009 607 527 009 607 528 009 607 530 Mark Noble&Susan Dahlberg Charles Lee Weigel &Marie Lyons Michael Childers 400 E Bogert Trl 380 E Bogert Trl 1627 N Crower Studio#1 Palm Springs, CA 92264 Palm Springs, CA 92264 Hollywood, CA 90028 009 607 531 Xalencia, 009 607 534 Alan Hamel& Suzanne Somers &Suzanne Somers Fred Bien&Nancy Bien PO Box 55457 57 10224 Candleberry Ln Valencia, CA 91385 A 91385 Northridge, CA 91324 009 607 535 009 607 536 009 607 537 Roger Seltzer&Lois Seltzer Abelardo Lopez Christopher Eve&Frances Eve Delarg 22451 De Grasse Dr 11135 183Rd St 495 E Bogert Trl Calabasas, CA 91302 Cerritos, CA 90703 Palm Springs, CA 92264 0 607 538 009 610 907 009 610 908 Wes i rte Homes Irle Cynthia Wunderlich Andrea Greenbaum 96 estlt Blvd#204 PO Box 1003 38105 Via Fortuna estlake Vill e, CA 91361 Dayton, NV 89403 Palm Springs, CA 92264 009 610 909 009 610 913 009 610 931 Service Richard M&SERVICE PATR Truman Gates&Janice Gates 10 Bello Monte Homeowners Assn 38155 Via Fortuna 64381 Via Amente 64515 Acanto Dr Palm Springs, CA 92264 Palm Springs, CA 92264 Palm Springs, CA 92264 Be 610,12 Vi 15 8 Vi 5 l Be e Homeowners Assn Vista on Vista C on 645 auto Dr 505 S arr Dr#75 505 S arre Dr#75 P m Sprin CA 92264 Palm Springs, CA 92264 Palm Sptvrgs, CA 92264 Vista 615 Canyon Des rt dve 51` 22 Vista Canyon Desert Adventures A Calif Corp Usa B 505 S Farrell Dr 475 67555 E Palm Canyon Dr Ur ow 04-28-2000S Palm Springs, CA 92264 Cathedral City, CA 92234 A 5 0 024 U UsUll2a 512 220 O112 a 4 -2000 Acanto Partne rs Llcsknow 1601 Dove St 4170 CA A Newport Beach, CA 92660 12 270 07 51 270 008 5X71Us Usa WHomes IncU o n 05-01-98 S PO ax 245 N NAME or NUMBER A alm Sprir gs, CA 92263 NO 70 01 51 U 70 2 West to Homes Inc West P ne Homes Inc Usa B NO T NAME or NUMBER NO T NAME or NUMBER U�rk r 05-15-1998 � 2� 3 51 21 512 271 2 Usa Usa Usa U to 06-20-97 PO 45 PO ox 245 A Pa m Springs, CA 92263 P m Springs, CA 92263 5 27 003 Us, 512 271 - Usa Us, 5 Mikael Jakobsson U now 05-15-1999 PO ox 45 1490 S Camino Real A Palm Springs, CA 92263 Palm Springs, CA 92264 512 26 512, 71 7 512 2 1 008 UYA ", UsaWest ' e Homes Inc Un 11-16-1999 $ PO x 45 NOS TNAMEorNi MBER Pal n Springs, CA 92263 512 291 001 512 291 02 512 �91 0 Patin Canyon Llc Pab an Llc Patin nyon Llc 333 W Santa Clara St 41212 333 anta Clara St#1212 333 to Clara St#1212 San Jose, CA 95113 S Jose, A 95113 San Jose, A 95113 512 291 04 512 292 001 512 2 002 Pa C nyon Llc Millennium Dev 2 Palm you Llc 333 to Clara St#1212 125 Lasalle Rd 333 W a to Clara St#1212 San ose, C 95113 West Hartford, CT 06107 San ose, 95113 512292 512 292 004 512 92 005 Palm n n Llc Palm anyo Llc Palm an Llc 333 W a Clara St#1212 333 W ria Clara St#1212 333 W nta Clara St 41212 San ose, C 95113 Sa ose, A 95113 Sap ose, A 95113 512 292 0 512 2 007 512 992 009 Pah you Llc Palm on Llc Palm on Llc 333 W a Clara St#1212 333 to Clara St#1212 333 S nta Clara 5l#1212 San 7 se, CA 95113 S Jose, A 95113 an Jose, 95113 512 292 0 51 292 O11 512 292 01 Pali you Llc Palm a n Llc Patin tyon Llc 333 a a Clara St#1212 333 Sa a Clara St#1212 33 anta Clara St 41212 San ose, CA 5113 n Jose, CA 95113 San Jose, CA 95113 5 291 5 2 292 0 512 292 015 Palm you Llc Pab C nyon Llc Pa C. on Llc 333 to Clara St#1212 333 anta Clara St #1212 333 Sanla Clara St#1212 San ose, C 95113 S Jose, A 95113 t Jose, A 95113 A y/l ��a 512 00 51 3000 512 0017 Patin Lyon Llc Palm you Llc Palm on Llc 333XSaiKa Clara St#1212 333 la Clara St #1212 333 S tta Clara St#1212 i Jose, CA 95113 S i Jose, CA 95113 S Jose, A 95113 512 300 0 1 512 300 01 512 300 020 Pa C you Llc Pala a on Llc Palm a n Llc 333 ua Clara St#1212 333 W nla Clara St#1212 333 nta Clara St#1212 S Jose, CA 95113 Sa ose, A 95113 S' ose, A 95113 512 300 02 512 300 022 512 00 023 Pah C you Llc %3n'la u Llc Palm on Llc 333 to Clara Sl#1212 Clain Sl#1212 333 nta Clara St#1212 S IJose, 95113 A 95113 n Jose, A 95113 512 300 512 00 0 5 512 0 02 Pah anyon Llc Patin rayon Llc Pahn you Llc 33 to Clara St#1212 333 to Clara St#1212 333 "ma Clara St#1212 S Jose, A 95113 San Jose, CA 95113 Sa Jose, A 95113 5 2 300 027 512 3 512 300 029 Palm a on Llc Palm on Llc Palm an Llc 333 to Clara St#1212 333 Sai a Clara St#1212 333 W vita Clara St#1212 S ose, CA 95113 S, Jose, CA 95113 Sa ose, A 95113 512 300 0 0 513 O 60 0 513 019 P C you Llc Natbec nvestmenls Us 333 to Clara Si#1212 NO T NAME m NUMBER il nown San ose, CA 95113 C CA U 030 O1 68�7 Jos 0i 008 Usa 6 Us, 6 Jose Higueras &Donna Micha Higuera PO B x 2 5 PO ox 45 38799 Maracaibo Cir Palm Sprin s, CA 92263 &Im Springs, CA 92263 Palm Springs, CA 92264 51 001 6002 686 510 003 Usa 6 Us 86 Service 2001 U� no 02-09-2001 U n wn S 38155 Via Fortuna A CA Palm Springs, CA 92264 6 510 007 68 5 025 686 510 026 Us B' Usa 6 Us 6 Uh i wn 04-29-97 S Ui mot 1 S U wn S A CA CA �� _ll. q u /off, Proof of Publication In Newspaper STATE OF CALIFORNIA County of Riverside Laura Reyes says: 1. 1 am a citizen of the United States, a resident of the City of Indio, County of Riverside, State of California, and over the age of 18 years. 2. 1 am the Office & Production Manager of CITY CODNGL The Public Record, a newspaper of genera] CITY OF PALM SPRINGS Case N 5.0899—PO 271 TTM 30050 circulation printed and published in the City of Northeast Comer of South Palm Canyon Drive and Acomp Palin Springs, County of Riverside, .State of NDrive OTICE IS HEREBY GIVEN that the city Council of the City of California. Said The Public Record is a Palm Springs,Califamniawillhadapubhchearmgatrtsmeet- newspaper of general circulation as that term P Inmg°i June 19,Greece Chne city Connell meeting begins at 7;00 Can in the Council Chambers at City Hall,320D E Tahqullz is defined in Government Code section 6000, Canyon Way,Palm Springs The purpose of the hearing is to cwnslder Case 5 0899(A),an its status as such having been established by application by Palm Canyon,LLC to amend Spec9ic Plan Xi by revising the Section 1 Cimselion plan to include Modified ape- judicial decree of the Superior Court of the 1-1 -treat sections for South Palm Canyon Drive, between State of California in and for the County Of Bogert Trail and Acanto Drive east of South Palm Canyon Drive.The amandmi also mclutles revising the Section N Riverside in Proceeding No. Indio 49271, oateonsn olio Phasing lire Station Plan for future Ore station dated March 31, 1987 entered in Judgment The second request is for Case 5.0899 , Planned DevelopmentO an application for District and Tentative Tract Map Book No. 129 page 355, on March 31, 1987. 30050 for Modifications to the R-1-B property development 3. The Public Record is a newspaper Of standards(lot size,front yard setbacks,and garage setbacks) and the subdivision of 29.54 acres mto 6]single family resi- general circulation ascertained and established Popedentist lots and assoclaled an and 0it site Improvements.The properly is located at the northeast corner of South Palm CanII] the City Of Palnl California,pTlgs ]n the COLlntyn iOf Section Drive led Acant°Drive R-1-B,W-R-1-B,SP-1 zone, 35 Riverside, State of Cf lase No. RIC An Environmental Assessment has been Prepared and will be 358286, Filed June 8, 2001. reviewed by the Planning Commissl°n at the meeting.A draft Mitigated Negative Deck,muon 01 Environmental Impact has 4. The notice, of Which the annexed is a true been Prepared let the sublecl proposal Members of the public May view this document In the department of Planning and printed copy was published in the newspaper colding, City Nall, 3200 E. Termite, Canyon Way, Palm OIl the following ub hCatlOn dates t0 wit: Springs,and submit written comments to the CI Clerk at,or p p prior to,the City Council hearing, City May 28, 2002 If any group challenges the action in court,Issues raised may be limited to only those issues raised at the pubtic hear,,, described in this notice or m written correspondence at,or eflor I certify under penalty of perjury that the to the-try Qoundl hearing. An opportunity will be given at sold hearing for all interested above is true and correct. person-to be heard.Questions regarding this case may be Dated at Palm Springs, California this 28th directed to Douglas R Evans, Director of Planning and Y Building,(760)323-8245. day of May, 2002. Patricia A.Sanders May 28,2002 City Clerk L r eyes e ,eyes ' Ma agar ORDINANCE NO. AN ORDINANCE OFTHE CITYOF PALM SPRINGS,CALIFORNIA, AMENDING THE ZONING MAP BY APPROVING PLANNED DEVELOPMENT DISTRICT 271 (PD-271) WITHIN THE CANYON PARK RESORT AND SPA SPECIFIC PLAN AMENDMENT AREA FOR A 29.54 ACRE AREA INCLUDING ZONES R-1-13, W-R-1-13, SP-1 FOR THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND ACANTO DRIVE, R-1-13, W-R-1-13, SP-1 ZONE, SECTION 35. - - - - - - - - - - - - - - - - - - - THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA DOES ORDAIN AS FOLLOWS: SECTION 1.Pursuant to Section 94.07.00 of the Palm Springs Zoning Ordinance,the official zoning map of the City of Palm Springs, referred to herein, is hereby amended as follows: Change of Zone from R-1-B, W-R-1-B, SP-1 to PD-271 The parcel of property legally shown on Exhibit A is approved fora change of zone from R-1-13, W- R-1-13, SP-1 to PD-271, specifically on the property located at the northeast corner of the intersection of South Palm Canyon Drive and Acanto Drive on file in the Planning and Zoning Department, Case 5.0901. SECTION 2.EFFECTIVE DATE. This Ordinance shall be in full force and effect thirty (30) days after passage. SECTION 3. PUBLICATION. The City Clerk is hereby ordered to and directed to certify to the passage of this Ordinance, and to cause the same or summary thereof or a display advertisement, duly prepared according to law, to be published in accordance with law. ADOPTED THIS day of 2002. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA By: City Clerk Mayor REVIEWED &APPROVED: a � � EXHIBIT A PROPOSED CHANGE OF ZONE: R-1-13, W-R-1-B, SP-1 to PD-271 APN #s 512-300-001 to 030 512-292-002 to 007 512-293-001 to 013 512-291-001 to 004 512-292-009 to 018 L I.L. — R-2 0.20 R-2 Q u — I.L. - u 'mom\�rniWirr4yG c.,""2i i .00 • ,� �\ R-3 t 2-1-A R_Z R.2 _ pp. 78 z - ' sP-1 SMAPD z RAGo,V o Uµ, 0 H«+EyT r R—I-B ?qc i AZALE UR /r W-R-l-A R-1•13who DOGwo c R-I'8 ro N , mmi 0-20 w I LL. WAY o •.•_""°�=�.rr,_ K/VERSIDE COUNTY RESOLUTION NO. 20376 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TTM 30050 AND CASE NO 5.0899 - PD-271, SUBJECT TO THE CONDITIONS STATED, TO SUBDIVIDE A 29.54 ACRE PARCEL. INTO A SIXTY-SEVEN (67) LOT RESIDENTIAL SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND ACANTO DRIVE, R-1-13, W-R-1-13, SP-1 ZONE, SECTION 35. WHEREAS, Palm Canyon, LLC(the"Applicant")filed an application for Tentative Tract Map 30050 and Case 5.0899 - PD-271 to subdivide a 29.54 acre site into sixty-seven (67) lot residential subdivision (the "Project") pursuant to Section 94.02.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60. The project is located on the northeast corner of South Palm Canyon Drive and Acanto Drive, R-1-B, W-R-1-13, SP-1 Zone, Section 35; and WHEREAS,A Final Environmental Impact Report(FEIR)was prepared for the Canyon Park Resort and Spa Specific Plan (SP-1)and was certified and adopted by the City Council on July 19, 1991, and an Environmental Assessment(Mitigated Negative Declaration)was certified and adopted on January 19, 1994 in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; and WHEREAS,TTM 12848 was previously approved bythe City Council fora sixty-three(63)lotsingle family subdivision and has been recorded as a final subdivision map; and WHEREAS, said applications were submitted to appropriate City Departments fortheir review-and WHEREAS,said comments and requirements have been dulyconsidered and are reflected herein; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for TTM 30050 and Case No. 5.0899-PD-271 was issued in accordance with applicable law; and WHEREAS, on May 22, 2002 a public hearing on the application for TTM 30050 and Case No. 5.0899-PD-271 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 22, 2002, after holding a public hearing and considering all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented, the Planning Commission recommended approval of the project; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider TTM 30050 and Case No. 5.0899 - PD-271, was given in accordance with applicable law; and WHEREAS, on June 19", 2002 a public hearing on the application for Tentative Tract Map 30050 and Case No. 50899-PD-271 was held by the City Council in accordance with applicable law; and Resolution 20376 Page 2 WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed subdivision, Tentative Tract Map 30050, on the house needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act("CEQA"),and an Environmental Assessment has been prepared forthis project and has been distributed for public review and comment in accordance with CEQA; 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, all environmental data including the environmental assessment prepared forthe project and all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA,the City Council finds that,Tentative Tract Map 30050 and Case No. 5.0899-PD-271 are in compliance with the Final Environmental Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan project and was certified and adopted on July 19, 1991 and the additional Mitigated Negative Declaration(MND), certified and adopted on January 19, 1994 is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines;the FEIR and MND adequately address the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environment effect for the proposed project. The City Council has independently reviewed and considered Tentative Tract Map 30050 and Case No. 50899 - PD-271 and determined that the plans are in conformance with the information contained in the certified Final Environmental Impact Report and Mitigated Negative Declaration. The City Council further finds that the decision reflects its independent judgement. Section 2: The City Council finds that there is no new substantial evidence with respect to environmental effects that has been submitted to the City and there are no substantial changes with respect to the project that would require reversions to the certified Final Environmental Impact Report and MND. The current project proposed a sixty-seven (67) residential lot subdivision which is eighteen (18)fewer units than the 85 units analyzed in the original Final Environmental Impact Report and the MND. Since the potential for impacts has been lessened there is no need for further environmental review. Section 3: The City Council finds that a mitigation monitoring program was previously adopted pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures during Project implementation. The City Council finds that the potential for an impact is even less than what was analyzed in the certified Final Environmental Impact Report and MND. Resolution 20376 Page 3 Section 4: Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan; and Section 5: Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies, and general land use provided in the City's local open space plan; and Section 6: Pursuant to Government Code Section 66474(Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan and SP-1 and is similar to the previously approved tentative tract map. SP-1 allocated 85 units to the subject property. The proposal is for 67 units and is therefore below the density parameters of the Specific Plan. b. The design of improvement of the proposed subdivision is consistentwith the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan. All street,drainage,and utilities improvements are subject to the standards of the General Plan, Conditions of Approval, and mitigation measures associated with TTM 30050 and Case No. 5.0899 - PD-271. C. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The property is 29.54 acres of relatively flat desert with vegetation characteristic of the Creosote Scrub - Burro Bush Dominated Community, pervasive throughout the southwestern United States. The location had a previously approved map for development of sixty-three (63) lot residential subdivision and is now proposed to be developed at sixty- seven (67) residential lots. There will be no incompatibility issues as the surrounding land uses are also within SP-1. There are single family residential lots and a golf course to the north, vacant land on the east and west, and residential uses to the south, which is in Riverside County. d. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish orwildlire or their habitat. All potential land use and biological impacts as a result of developing the subject property are fully disclosed in the Environmental Assessment, previous MND, and Final FIR. The project site lies outside the Peninsular Range Bighorn Sheep Critical Habitat and lacks Resolution 20376 Page 4 occupation or activity by species of special concern. However,two sensitive wildlife species were detected on adjacent properties and mitigation measures, including a mitigation fee, have been introduced to reduce the effects on biological resources to less than significant impact. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. f. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. An equestrian easement with landscaping is proposed on the north side of Acanto Drive and the east and west side of South Palm Canyon Drive. The property is also conditioned to provide a drainage easement for flood control and storm water drainage purposes. The right-of-ways for Acanto Drive and South Palm Canyon Drive are designed in accordance with City specifications, except for the modifications to the special street sections. The modified special street sections are consistent with what is existing at Acanto Drive and will allow a smooth transition to the Indian Canyons access road from South Palm Canyon Drive, south of Acanto Drive. g. A nexus or rough proportionality have been established for requirement of dedication of additional right-of-way to the City or the off-site improvements as related to the tentative tract map. The property frontages will provide an on-street bicycle path,sidewalk, and equestrian path with associated landscaped area. The improvements will aesthetically enhance the neighbourhood and provide safety benefits to existing and future property owners. Section 7: Pursuant to Section 94.03.00 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Zoning Ordinance and SP-1. The proposed Planned Development District will allow for integrated design of the subdivision and adjacent streets. The Specific Plan is to be implemented via Planned Development District and subdivision maps, therefore, the PD is the appropriate land use review for this development. b. The use is necessary or desirable for the development of the community, is inharmonywith 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. Resolution 20376 Page 5 The proposed subdivision is consistent with the General Plan, zoning designations, and land use designations in SP-1 and is similar to the previously approved Final Tract 12848. Tentative Tract Map 30050 will have 67 single family residential units, below the allocated 85 units in SP-1. The project will make up a portion of the overall Canyon Park Resort and Spa Specific Plan and will therefore be compatible with existing and future uses in the zone. Any land use or biological impacts are fully disclosed in the Environmental Assessment. c. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The applicant is requesting the entitlement of subdividing an existing 29.54 acre parcel into sixty-seven (67)single family residential lots. The lots average 14,500 square feet with the smallest lot being 13,687 square feet and the largest lot being 23,088 square feet. The property is zoned R-1-B and W-R-1-B with an overlay of Specific Plan - 1 (SPA). The property is vacant and currently subdivided into 63 single-family lots (Tract 12848) although the physical improvements were never made, nor any lots sold for residential purposes. Tract 12848 will be vacated upon the recordation of the Final Tract Map. The overall density is well within the adopted master plan allowance of 85 dwelling units. Access to the property will be from a gated entry on South Palm Canyon Drive. Forty-four feet of right-of-way and public utility easement is proposed to be dedicated from the subject tract to the City of Palm Springs. Existing improvements consist of two 2-lane undivided roadways. Internal circulation consists of a series of private streets and a cul-de-sac. Roadways within the subdivision would be privately maintained as would the two(2)lettered lots that include landscaping in front of the subdivision on South Palm Canyon and Acanto Drive. The Planned Development District includes adjustments to the R-1-B property development standards, namely, minimum lot size, minimum lot depth and width, reduction in front setbacks, and allowance of detached garages. The R-1-13 zone requires a minimum lot area of 15,000 square feet with a lot width and depth of 120 feet and 120 feet, respectively. The proposed average lot area is 14,500 square feet with unit size yet to be determined. Lot sizes range from 13,687 square feet to 23,088 square feet. Lot width is proposed for 100 feet and lot depth for 85 feet. The required front setback in an R-1-B zone for the main residence and garage is 25 feet, with detached garages only permitted in R-1-A and R-1- AH Zones. The front and side front setbacks for the residences and detached garages will be 15 feet and 20 feet, respectively, but may be altered depending on the mass and scale of the proposed units. The remainder of the proposal conforms with R-1-13 property development standards. d. That 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 Specific Plan amendments,to be accomplished via Planned Development District 271, refer to proposed street improvements on Acanto Drive and South Palm Canyon Drive, south of Bogert Trail, South Palm Canyon Drive will be reduced to a two-lane roadway with on-street bicycle paths, in consideration of the recent improvements to the Indian Canyons access road, south of Acanto Drive. The special street section on South Palm Canyon Resolution 20376 Page 6 Drive will be reduced to 40 feet instead of the standard 64 feet. The street design will include a 2-foot mow strip to meet the edge of pavement condition and the sidewalk will meander within the public right-of-way and 30 foot private parkway. Acanto Drive will be comprised of 29 feet of pavement, curb to curb, with no parking. There will be a mow strip on the south side of the street and a wedge curb on the north side. An additional 20 feet for an equestrian trail will be provided on the north of Acanto Drive. While the right-of-way widths will not be altered,the numberof travel lanes will be modified to accommodate the design of the subject site and adjacent properties. The applicant proposes a 2 lane street on South Palm Canyon Drive with on-street bicycle paths and a 29-foot, two-lane roadway with no parking allowed on Acanto Drive. The Environmental Assessment showed that the existing and proposed street network have the capacity to manage projected traffic volumes. The modified special street sections are appropriate for the scale of the proposed subdivision and potential net units for the surrounding properties. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. NOW,THEREFORE, BE IT RESOLVED that, based upon theforegoing,the City Council approves Tentative Tract Map 30050 and Case No. 50899 - PD-271 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED THIS 19th day of June , 2002. AYES: Members Hodges, Oden, and Mayor pro tem Reller—Spurgin NOES: None ABSENT: Member Mills and Mayor Kleiudienst ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: kgf, Resolution 20376 Page 7 EXHIBIT A TTM 30050 and Case No. 50899 - PD-271 Northeast corner of South Palm Canyon Drive and Acanto Drive June 19, 2002 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, 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 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. 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 Specific Plan Amendments, TTM 30050 Case No. 5,0899 - PD-271. 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements Including and without limitation sidewalks, bikeways, 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 Resolution 20376 Page 8 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. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 5. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 6a. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 6b. The property development standards fOrthls project shall be Section 92.01.00, R 1-B Zone, except for the modifications to minimum lot size, lot depth, lot width, front and side front setbacks, and detached garages. Front and side front setbacks for the residences and detached garages will be considered at 10 to 15 feet and 20 to 25 feet, respectively, pending submittal of final development plans. 7. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval bythe Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final landscape plans shall include the entire street right-of-way landscaped areas. The project shall be responsible for installation and maintenance of all landscaped areas within the right-of-way and easement area. a. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code. Therefore, a fee of $1,250.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. 9. 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. 10. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment Resolution 20376 Page 9 heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 11. 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 issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property including the equestrian easement and landscaping within right-of-way in a good condition and in accordance with all ordinances. 12. The applicant shall submit to the City of Palm Springs, a deposit in the amount of$2000, for the review of the CC&R's by the City Attorney. A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes. 13. 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. 14. 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. 15. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 16. The street address numbering/lettering shall not exceed eight inches in height. 17. Manufacturer's cut sheets or all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 18. Drainage sweles shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 19. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 20. Texture, materials, and colors to be used on the proposed fences and walls shall be submitted for review and approval prior to issuance of building permits. 21. Vehicles associated with the construction 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- 22. 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 Engineering specifications. Resolution 20376 Page 10 23. 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. 24. Trash cans shall be screened from view and kept within fifty (50) feet of the street. 25. The applicant shall dedicate a 30' easement and construct a 15' wide equestrian trail between the property line and Lots 27 to 35. Design and details shall be submitted with the final Planned Development plans. The equestrian trail shall be separated from the sidewalk and Lots 27 to 35, A minimum 15' decomposed granite trail, landscape, fencing and signing shall be provided. If SP-1 is amended, and a trail is no longer required, the Planning Commission may delete this condition at Final PD stage. 26, Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final PD and Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved by the Director of Planning and Zoning. The City shall be reimbursed for the cost of preparation and/or review of said report. Refer to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan for specific details. All mitigation measures, where applicable, Shall be adopted as conditions of approval. The following measures are hi-lighted for convenience: a. Prior to final project acceptance including approval of the final map or planned development district, the City shall establish a formula for the applicant's payment of their "fair share" of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or its consultants to determine the applicant's proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair-share formula. Fair-share formulas shall be developed for the following matters: i) Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. ii) Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element, See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. iii) Funding of construction of off-site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental Impact Report, b, Appropriate removal and recompaction of surface soils in areas to support structures will mitigate potential settlements. Building sites planned within the alluvial areas shall be Resolution 20376 Page 11 evaluated by the soil engineer for settlement potential during detailed geotechnicaI studies for design of structures, with respect to the specifics of proposed structure locations, soil conditions, foundation loads, etc. A final soils report shall be submitted with the detailed development plans (grading and structural) for the project. c. All outdoor lighting constructed on the project site shall be directed at the ground to prevent unnatural lighting from interfering with the activity of nocturnal animals that live in the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and wash areas shall be prohibited. This condition shall be included in the CC&R's. d. The applicant and the building contractor shall halt grading or any other construction activity in the immediate vicinity immediately if archaeological resources are uncovered during grading. The applicant and/or contractor shall notify the City and Tribal Council in writing and shall summon a qualified archaeologist to determine the significance of uncovered archaeological resources and appropriate mitigation measures. e. Due to the historical sensitivity of the area, a tribal representative and/or a qualified archaeologist monitor shall be present during all rough grading operations. A written report shall be provided to the City outlining the nature of any resources found on-site, disposition, etc. At the end of construction a written report shall be provided summarizing resources found (if any) and if any additional work is needed. POLICE DEPARTMENT: 1. Developershall complywith Section II of Chapter 8.04ofthe Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 1. Fire Department Access: Provide detail on the entry median and entry gate area. A 20 foot unobstructed width is required, including gate openings. 2. Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire station. All buildings, regardless of size, require an automatic fire sprinkler system. (1003.2.1 CFC) 3. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations thereof located as directed by the fire department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 4. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting,walls, orfencing are permitted within 3 feet of fire hydrants, except ground cover plantings. Resolution 20376 Page 12 5. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 6. Fire hydrant systems: Following fire department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.2.2.2 CFC) 7. Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start 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). Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. 8. Secondary Emergency Access: The emergency access area shown at the south-west corner of the project(west of Lot 35) must meet the same requirements as an access road in condition #7 above. ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department, B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. Resolution 20376 Page 13 PALM CANYON DRIVE SOUTH The following conditions of approval which refer to the pavement width shall be revised, IF necessary, to agree with the focused traffic study as approved by the City Engineer, 3. Dedicate a 30 footwide easementfor landscape and pedestrian access purposes along the entire frontage. 4. Acquire an additional right-of-way width of 10 feet on the west side of the section along the entire frontage for a total right-of-way width of 54 feet. 5. Construct a 12 inch wide mow strip, 20 feet EAST of centerline from Acanto Drive to the north tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE and at the NORTHEASTAND SOUTHEAST corners of the intersection of PALM CANYON DRIVE SOUTH and STREET 'D" per City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct both halves of a 6 foot wide cross gutter at the intersection of PALM CANYON DRIVE SOUTH and STREET "D" with a flow line parallel with and 20 feet EAST of the centerline of PALM CANYON DRIVE SOUTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 7. Construc'ta 15 footwide pedestrian/bike pathwaybetween the storm waterchannel and the west tract boundary along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210 and meeting the approval of the City Engineer and Director of Planning and Building. The pathway shall also serve as the storm channel maintenance roadway. The east 5 feet of the pathway shall be constructed with 6 inch thick (6 sack) Portland Cement Concrete. The west 10 feet of the pathway shall be constructed with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, tartan block, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. 8. Remove and replace existing pavementwith a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed mow strip to 10 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. A redwood header shall be installed along the west edge of pavement. ACANTO DRIVE 9. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, 3 feet NORTH of section/centerline and 32 feet NORTH of section/centerline (distance measured from back of wedge curb on south side to flow line of wedge curb on north side) respectively, from South Palm Canyon Drive to the east tract boundary,with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE per City of Palm Springs Standard Drawing No. 200 and 206. Resolution 20376 Page 14 10. Construct catch basins, as needed for drainage, and connect to the proposed storm drain line. The wedge curb and gutter shall transition into 6 inch vertical curb and gutter at the catch basin locations. The design shall be reviewed and approved by the City Engineer. 11. Construct a 15 foot wide meandering equestrian/pedestrian trail along the entire frontage with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. Construct a redwood header on both sides of the trail along its entire length. 12, Dedicate a 30 fool wide easementfor landscape and pedestrian access purposes along the entire frontage via the tract map. 13. Construct ac pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to proposed gutter along the entire frontage in accordance with modified City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PRIVATE STREETS 14. The following traffic calming devices, OR equal, (the final configuration to be approved by the City Engineer) shall be incorporated into the on-site streets: Narrowed pavement `chokers' shall be provided at one location on Street"A", one location on Street "C", one location on Street "D", and one location on Street "E", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 80 foot long, 20 foot wide(10 feet each side of centerline) narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. The proposed chokers at the east and west ends of Street"D" can be constructed but are not a requirement of these conditions of approval. If they are part of the street improvements, the approval of the City Engineer will be required for the design of same. 15a. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 16.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersection of Street "A" with Street "C" and "D" and at the intersection of Street "D" with Street "B" per City of Palm Springs Standard Drawing No. 200 and 206. Parking shall be allowed on both sides of the street if all buildings are sprinklered and if the parking lanes are clearly marked leaving a clear 20-foot wide vehicular path to satisfy Uniform Fire Code standards. It shall be the responsibility of the Homeowners Association to maintain the delineation and provide signs for the life of the project. Final street design shall be subject to final approval of the Fire Chief, City Engineer, and Director of Planning and Building. 15b. In the event 15A above cannot be implemented, the project shall comply with the following condition; Construct a 6 inch wedge curb and gutter exceptwhere hydrology requires 8 inch Resolution 20376 Page 15 wedge curb and gutter, with the back of the wedge curb being 18.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersections of Street "A" with Street"C"and "D" and at the intersection of Street "D"with Street "B"per City of Palm Springs Standard Drawing No. 200 and 206. 16. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "A" with Streets "C" and "D" with a flow line parallel with and 16.5 feet East of the centerline of Street"A" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 17. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "B" with Street"D"with a flow line parallel with and 16.5 feet West of the centerline of Street "B" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct knuckles at the intersection of Street"A with Street"E"and at the intersection of Street "B" with Streets "C" and "E" in accordance with City of Palm Springs Standard Drawing No. 104 19. The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103, curb portion only. 20. All centerline radii shall be a minimum of 130 feet. 21. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. See Condition No. 22 for gated entrance requirements for Main Entries that are proposed to be gated. 22. Thefollowing requirements fora gated entryshall be metto provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut.of 100 feet (from BCR to ECR) for the gated Main Entry. B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 20 feet clear width in each direction. E. Provide separate lane of ingress for residents. SANITARY SEWER 22. The on-site sewer mains will be maintained by the HOA. Provision for this shall be addressed in the CC & Rs. 23. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. Resolution 20376 Page 16 24. Developer shall construct an 8 inch sewer main across all PRIVATE STREET frontages, through the proposed 20 foot wide drainage/sewer easement adjacent to the southwest property line of Lot 9 OR the northeast property line of Lot 8 and through the existing 30 foot wide utility easement to the existing manhole south of the Palm Canyon Drive South and Bogert Trail intersection in accordance with the Master Plan of Sewers and connect to the existing sewer system. The 20 foot wide drainage/sewer easement shall be located entirely within Lot 8 or Lot 9. 25. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department. B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. 26. The project is subject to a sewer assessment fee of$146.19 per lot for construction of the 15" sewer main in Avenida Granada, Calle Palo Fierro and Laverne Way. The fee shall be paid prior to issuance of a building permit for individual lots. GRADING 27, A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 28, Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department.A PM 10(dust control)Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A. Copy of Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. Resolution 20376 Page 17 F. Copy of Hydrology Study/Report, IF required by these conditions. G, Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 29, Drainage swales shall be provided adjacent to all curbs and sidewalks-3'wide and 6"deep - to keep nuisance water from entering the public streets, roadways, or gutters. 30. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687)and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 31, In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 32. A soils report prepared by a licensed Geetechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site.A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans,calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 33. Contact the Building Department to get information regarding the preparation of the PM10 (dust Control) Plan requirements. 34. 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 import or export of soil will be required to present a clearance documentfrom a Departmentof 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 35. Developer shall obtain easements dedicated to Riverside County Flood Control and Water Conservation District (RCFC) for flood control and stormwater drainage purposes across Lots 73 and 74 of Tract 16149 (APN's 512-200-022 and -024)and across that certain 1.80 acre parcel of land indicated as floodway on Tract 12848 (APN 512-292-001). 36, The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off- site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite Resolution 20376 Page 18 drainage structures (if any exist), and to determine required stromwater runoff mitigation measures for this project. 37. A portion of this property(a portion or all of Lots 2 thru 10, and 13 and Lots A and B) is in Federal Insurance Rate Map (FIRM)zone A and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 38. The developer shall design and construct the storm drain channel and culvert of a non- erodable,natural-type section and configuration capable of conveying thetributary 100-year storm runoff, as approved by RCFC and the City Engineer, along the west tract boundary within an easement for operation and maintenance dedicated to RCFC in a form acceptable to the RCFC. 38A. The developer shall design and construct interim inlet works and various appurtenances, across a portion of APN 686-030-004, consistent with RCFC standards, as approved by RCFC and the City Engineer. If public records do not demonstrate the existence of easements that allow for the construction of flood control and stormwater drainage improvements within that area of land where interim drainage improvements are required, the developershall obtain an easement dedicated to RCFC forflood control and stormwater drainage purposes. 38B. The developer shall design and construct an interim collection/containment embankment (berm) approximately 350 feet in length across the south portion of APN 513-460-019 as conceptually shown in Exhibits 4 and 5 of the Addendum to the Master Plan of Drainage for the Andreas Alluvial Cone, Dry Canyon, Arenas South and North Canyons and Palm Canyon(from Bogert Trail to 1800 feet Downstream of Bogert Trail)Drainage Courses, City of Palm Springs,dated October 2001, consistent with RCFC standards, as approved by RCFC and the City Engineer. If public records do not demonstrate the existence of easements that allow for the construction of flood control and stormwater drainage improvements within that area of land where interim drainage improvements are required, the developer shall obtain an easement dedicated to RCFC forflood control and stormwater drainage purposes. 38C. The developer shall enter into a cooperative agreement with the City and RCFC, or, if not required to be party to a cooperative agreement upon a determination by the City and RCFC, the developer shall agree to comply with operation, maintenance and joint use responsibilities of the drainage channel along the west tract boundary as determined by the City and RCFC. Operation, maintenance and joint use responsibilities applicable to the developer shall be included in provisions of Covenants, Codes and Restrictions (CC&R's) administered by a common Homeowners Association for the project. 38D. Developer shall construct a 15 feet wide access road along the easterly side of the drainage channel along the west tract boundary to also be used as a pedestrian trail in a manner acceptable to RCFC and the City Engineer. Developer shall be responsible for all maintenance and repair costs associated with keeping RCFC with clear, free and unobstructed access to the drainage channel. 38E. The developer shall pay the City $40,000.00 for maintenance costs as a condition for facilitating RCFC maintenance of the interim drainage improvements associated with this project. If the Developer is party to a cooperative agreement with the City and RCFC, the Resolution 20376 Page 19 Developer shall submit payment to the City concurrent with approval of and in compliance with the terms of the cooperative agreement. If the Developer is not party to a cooperative agreement, the Developer shall submit payment to the City prior to issuance of a grading permit. 39. The developer shall submit application and pertinent data to the Federal Emergency Management Agency (FEMA) for a Letter of Map Revision (LOMR) and shall provide FEMA's final written determination to the City Engineer prior to issuance of a Certificate of Occupancy or Notice of Completion. GENERAL 40, Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 41. All existing and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility company(s) that the required deposit to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 42. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line.The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 43. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 44. 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 Cade 93.02.00, D. 45. 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 Engineering specifications. MAP 46. The 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 Parcel Map or Final Map to the Engineering Department. Resolution 20376 Page 20 47. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. TRAFFIC 48, The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE SOUTH and ACANTO DRIVE frontages of the subject property. 49. Install a 4-way stop sign at the intersection of Street "A" and Street "D". Install a stop sign for vehicles egressing at Palm Canyon Drive South. Install a stop sign for vehicles entering Street "B" at Street "D". Install a stop sign for vehicles entering Street "A" at Street"C". 50. The developer shall replace all damaged, destroyed, or modified pavement legends and striping that is required by the City Engineer on the PALM CANYON DRIVE SOUTH AND ACANTO DRIVE frontages prior to issuance of a Certificate of Occupancy. 51. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 52. 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. 53. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. * Off-Site Improvements Approved For Deferral By Covenant Resolution 20376 Page 21 VICINITY MAP E. PALM CANYON QRIVE a � x ERNE LA VERNE WAY a v, MURRAY CANYON o z �w BOGERT TRAIL 4u SITE e19ACANTO ysj DEIVE o/ r� CITY OF PALM SPRINGS TTM 50 CASE NO. 5,0899 - P�-271 DESCRIPTION .08 APPLICANT Palm Canyon, LLC Application for a subdivision of a 29.54 acre parcel into 67 single family residential lots, Zone R-1-13, W-R-1-13, SP-1, Section 35. PROOF OF PUBLICATION This is space for County Clerk's Pzling Stamp (2015.5.C.C.P) - NOTICE OF PLANNING COMMISSION MEETING Case 5.0899 Palm Canyon, LLC Northeast corner ofAcanto Drive and STATE OF CALIFORNIA South Palm Canyon Drive Comity of Riverside NOTICE IS HEREBY GIVEN that the Planning Commission of the City of Palm Springs, California, will hold a Public Hearin gg at its meeting of Mayy 22, 2002. The Planning Commission meeting be ins at 1:30 pp.m. (Public Hearings begin at 2:00 p.m.)in the Council Chamber at City Hat-3200 East Tahquitz Canyon Way,Palm Springs. The purpose of the hearing is to consider: Case 5.0899A: Application to amend Canyon Park Resort and Spa Specific Plan by revising Section 1 Circulation Plan to reduce South Palm Canyon I am a citizen of the United States and a resident of Drive street section from a four-lane roadwayy to a two-lone roadway the County aforesaid; I am over the age of eighteen between Bogert Trail and Aconlo Drive,revise fhe street section for Aconto i years,and not a party to or interested in the Drive east of South Palm Canpon Drive and revising Section N above-entitled matter.I am the principal clerk of a Implementation/Phasing Plan/Eire Station deAng with future fire location. printer of the,DESERT SUN PUBLISHING COMPANY a newspaper of general circulation, Case 5.0899B: Planned Developpment District 271 and Tentative Tract Map printed and published in the city of Palm Springs, 30050 for the subdivision of 29.54 acres into 67 single family home lots County of Riverside,and which newspaper has been and associated on and offsite improvements. adjudged a newspaper of general circulation by the Superior Court of the County of Riverside,State of The property is located at the northeast corner of Acanto Drive and South California nuclei,the date of March 24,1988.Case Palm Canyon Drfve,W-R-B/R-1-8 Zone,Specific Plan No.1,Section 35. Number 19t236;that the notice,of which the annexed is a printed copy(set in type not smaller Vicinity Map NA than non pariel,has been published in each regular and entire issue of said newspaper and not in any I e supplement thereof on the following dates,to wit: "f -7 Apri122nd r _m � w -------'--'----------------'---'----------------------------- All in the year 2002 I certify(or declare)under penalty of perjury that the tsrze y s.— foregoing is true and correct. 1 22nd Dated at Palm Springs,California this--------------day An Environmental Assessment/initial Study has been prepared and will he reviewed April by the Planning Commission at the meeting. Potential impacts. A dram Mitigated of---------------------------------------2002 Negative Declaration of Environmental Impact bus been prepared for the subject proposal. Members of the public may view this document in the Department of Planning&Building,City Hall,3200 East Tahquitz Canyon Way,Palm Springs,and submit written comments to The Planning Commission at,or prior to,the Planning Signature Commission hearing. If any individual or group challenges the action in court,issues may be limited to only those issues raised of the public hearing described in This notice or in written correspondence at,or prior to,the Planning Commission hearing. An opportunity will be given at said hearing for all interested persons to be heard. Questions regarding this case may be directed to Douglas R. Evans, Director of Planning&Building,(760)323.8245. PLANNING COMMISSION DOUGLAS R. EVANS ry I � o-377 RESOLUTION NO. 20377 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SPECIFIC PLAN #1 WITH REGARDS TO SPECIAL STREET SECTIONS IN THE CIRCULATION PLAN AND THE ADDITION OF FIRE STATIONS IN THE SECTION N IMPLEMENTATION/PHASING FIRE STATION REQUIREMENT, LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND ACANTO DRIVE, R-1-13, W-R-1-13, SP-1 ZONE, SECTION 35. WHEREAS, Palm Canyon, LLC (the "applicant') has filed a request to amend Specific Plan #1, pursuant to Government Code Section 65453, to modify special street sections in the Circulation Plan and modify Section N Implementation/Phasing Fire Station Requirements; and WHEREAS, the proposed amendments are consistent with the General Plan; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider a request to amend Specific Plan #1 to modify special street sections in the Circulation Plan and modify Section N Implementation/Phasing Fire Station Requirements was issued in accordance with applicable law; and WHEREAS, on May 22, 2002 a public hearing to consider a request to amend Specific Plan#1 to modify special street section in the Circulation Plan and modify Section N Implementation/Phasing Fire Station Requirements was issued in accordance with applicable law; and WHEREAS, on May 22, 2002, after holding a public hearing and considering all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented, the Planning Commission recommended approval of the proposed amendments to Specific Plan #1; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider a request to amend Specific Plan #1 to modify special street sections in the Circulation Plan and modify Section N Implementation/Phasing Fire Station Requirementwas issued in accordancewith applicable law; and WHEREAS, on June 19, 2002 a public hearing on the request to amend Specific Plan#1 to modify special street sections in the Circulation Plan and modify Section N Implementation/Phasing Fire Station Requirement 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 hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE City Council HEREBY FINDS AS FOLLOWS' Section 1: Pursuant to the California Environmental Quality Act(CEQA),the City Council finds that: Resolution 20377 Page 2 a. The proposed Specific Plan Amendments are in compliance with the Final Environmental Impact Report thatwas prepared forthe Canyon Park Resort and Spa Specific Plan project and was certified and adopted on July 19, 1991 and the additional Mitigated Negative Declaration(MND), certified and adopted on January 19, 1994 is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; the FEIR and MND adequately address the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environmental effect for the proposed project. The City Council has independently reviewed and considered the Specific Plan#1 Amendments and determined that the plans are in conformance with the information contained in the certified Final Environmental Impact Report and Mitigated Negative Declaration. The City Council further finds that with the incorporation of proposed mitigation measures, potentially significant environmental impacts resulting from this project will be reduced to a level of insignificance and therefore recommends adoption of a Mitigated Negative Declaration for the project. Section 2: The proposed amendment to the Specific Plan text is internally consistent with the goals, policies, and objectives of the General Plan and will result in conformity of the project with the General Plan. The proposed revision of Specific Plan #1 to allow modified pavement sections and the addition of fire stations to increase fire protection needs is a logical amendment of SPA as the ownership pattern within the Specific Plan area changes. During the development of SP-1, including City Council meetings, it was clear that the final design of each planning area could be altered to meet planning, market, and other concerns. The special street section of South Palm Canyon Drive will be reduced to 2 travel lanes and Acanto Drive will be revised to have a 29-foot wide curb to curb section. The reduction in travel lanes and the inclusion of on-street bicycle paths will be an aesthetic enhancement to the neighbourhood and contribute to a residential environment. Section 3: The modification of street sections and fire station implementation/phasing allowed by the Specific Plan Amendment are appropriate to the area and will benefit the subject property as well as surrounding properties. The modified special street sections and provisions for fire stations are necessary in order for the project to be well designed and also recognize the increased need for fire protection in the Palm Canyon area. The proposed project is under the allocated density for the subject property and the potential net units south of Acanto Drive have been reduced to 300 from 1400. Therefore, 2 travel lanes on South Palm Canyon Drive have sufficient capacity to handle the project traffic volume for the area. In addition, the modified special street sections will allow a smooth transition to the Indian Canyons access road. The amendment to the Section N, Implementation/Phasing Fire Station policy is intended to recognize the new ownership pattern within the Specific Plan area, and ongoing discussions with the Tribal Council regarding fire protection needs within the Palm Canyon area. Section 4: Modifying special street sections on South Palm Canyon Drive south of Bogert Trail and modifying provisions for fire stations is consistent with Specific Plan#1 and the General Plan as amended herein. Resolution 20377 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves the amendment to Specific Plan #1 as shown on Exhibit A and Exhibit B. ADOPTED this 19th day of June , 2002. AYES. Members Hodges, Oden, and Mayor pro tem Reller-Spwrgin NOES: None ABSENT: Member MiUs and Mayor Kleindienst ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: b ,O• m o 4-1 r• 0 k! N O W V V EX. IX. R/W 88' R/W FUTURE FUTURE 44' E7(ISP\G 44' R FUTURE 30' 2F' 20' 2O' 2{' ' PROP. PROPOSED 30 A' BIKE 8' TRAVEL 4' 12' TRAVEL 8' BIK€ ' FUTUR= 5' MEANDERING \''EDGE PROP. SIDEWALK (6- PCC) c CURQ PROP. A.C. EBAR FUTURE A.C. 2 [PA�D� �-� "Z 21 SIDE SLOPES i�lfi ",�., _ ... •.. ` _ "�; - .�.;:. ! (ROCKUNED) !8 ! 15' ! I El.ld'T `UTL`RE SASE PROP. BASE `r M§I:fl€NNJCE 4IFDRAINAGE/EOUESI RUki COMPACTED SUBGRAFJE 2,5' E7C4MT 'G ASPHALT CHANNEL ! PROP. 54' PARKWAY 7- TO REMOVE AND REPLACE BOTTOM BOTTOM PROP. 54' PARKWAY SECTION A- S. PALM CANYON (FROM BOGERT TRAIL TO ACANTO DRIVE) N.T.S. EXHIBIT B PROPOSED SPECIFIC PLAN TEXT AMENDMENTS CIRCULATION PLAN AND SECTION N IMPLEMENTATION/PHASING FIRE STATION REQUIREMENT Section I Circulation Plan Paragraph two, on page 36 of the Specific Plan text shall be changed as follows: "South Palm Canyon Drive within the project boundaries will become a four lane through street with a median isle from Murray Canyon Drive to Bogert Trail. Turn lanes will be incorporated at the intersection of the west entrance to Canyon Park Resort & Spa and Bogert Trail. Hiking, biking and equestrian trails are in indicated on Figure 25. South of Bogert Trail, the South Palm Canyon Drive improvements will transition to a two-lane roadway with on-street bicycle paths in keeping with the recent improvements to the Indian Canyons access road south of Acanto Drive. In addition to the reduced pavement section (40 feet vs. 64 feet), the standard street improvement design will be modified to include a 2-foot mow strip for the edge of pavement condition and the sidewalk will meander within the public right-of way and 30 foot private Parkway. The combination public/private parkway area will also contain an open, landscaped drainage channel needed to convey flood waters northerly to the golf course. See Figure 20A for the proposed street cross section." Paragraph four, on page 37, shall be changed as follows: "Acanto Way-Drive shall be classified as a local or private street and shall obtain-a-tetal-righf-ef way-of 5e-feet be designed within the current 40 foot right-of-way that currently exists at the corner of South Palm Canyon Drive and Acanto Drive at the Desert Water Agency pumping facility. The cross section for Acanto Drive shall include a 29-foot pavement section, a mow strip as the edge of pavement condition on the south side of the street (three feel from the section line) and a wedge curb on the northerly side. plus An additional 20 feet for an equestrian trail shall be provided along the north side of Acanto Drive. Acanto Way Drive could n,olddea�,adian is currently proposed with a cul-de-sac in Planning Area 12. In the future, it is possible that Acanto Way Drive could be extended to accommodate Indian properties further east of the proposed cul-de-sac terminus. Designation of Acanto Way Drive as a private street shall also be considered such that street vacation requirements shall be adhered. Additionally, all adjacent property owners, i.e., Canyon Development, Bella Monte, Tract 20603-A and Indian land owners, shall coordinate street design. Section N Implementation/Phasing Fire Station Requirement (pp. 56-57) Canyon Development, any successor, the Agua Caliente Tribe of Cahuilla Indians, the City of Palm Springs, or other party ' shall propose a site within the Specific Plan boundaries or within reasonable proximity for a future fire station. Canyon Development or other party shall submit such plan to the Planning and Honing Building Department and the Fire Department for review and approval. Canyon Development a successor, or other party shall 4�4c 0,?A1z) 15 G,� o z offer such site to the City of Palm Springs as an irrevocable offer of dedication. The City of Palm Springs shall have sole discretion when such site is accepted. £ariyan pedel�aff su pri first-subcftvi�. Any other property owner within the boundary of the Specific Plan may submit and process a subdivision map or other land use entitlement sub'ect to being conditioned to oarlicipate in the funding of a new fire station at on a fair-share basis. In the event Canyon Development, a successor, or other party is not able to acquire such site, Canyon Development a successor, or other party shall pay as an in lieu fee its fairshare of reasonable land ac uisition and improvement costs as determined tyjhe Director of Public Works such amount payable ierrsn" by the 6ity pi and mavbe eftfofted at the entitlement stage or final map stage but no later than the building permit stage. Firesprinklers shall continue to be re uired for any new structure outside a five-minute response time from an existing fire station (or one under construction), RESOLUTION NO. OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA APPROVING TTM 30050 AND CASE NO 5.0899 - PD-271, SUBJECT TO THE CONDITIONS STATED, TO SUBDIVIDE A 29.54 ACRE PARCEL INTO A SIXTY-SEVEN (67) LOT RESIDENTIAL SUBDIVISION, LOCATED AT THE NORTHEAST CORNER OF SOUTH PALM CANYON DRIVE AND ACANTO DRIVE, R-1-13, W-R-1-B, SPA ZONE, SECTION 35. WHEREAS, Palm Canyon, LLC(the"Applicant")filed an application for Tentative Tract Map 30050 and Case 5.0899 - PD-271 to subdivide a 29.54 acre site into sixty-seven (67) lot residential subdivision (the "Project") pursuant to Section 94.02.00 of the Zoning Ordinance and the Palm Springs Municipal Code Section 9.60. The project is located on the northeast corner of South Palm Canyon Drive and Acanto Drive, R-1-13, W-R-1-13, SPA Zone, Section 35; and WHEREAS,A Final Environmental Impact Report(FEIR)was prepared forthe Canyon Park Resort and Spa Specific Plan (SP-1) and was certified and adopted by the City Council on July 19, 1991, and an Environmental Assessment(Mitigated Negative Declaration)was certified and adopted on January 19, 1994 in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines; and WHEREAS,TTM 12848 was previously approved bythe City Council fora sixty-three(63)lot single family subdivision and has been recorded as a final subdivision map; and WHEREAS,said applications were submitted to appropriate City Departments for their review;and WHEREAS,said comments and requirements have been duly considered and are reflected herein; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for TTM 30050 and Case No. 5.0899-PD-271 was issued in accordance with applicable law; and WHEREAS, on May 22, 2002 a public hearing on the application for TTM 30050 and Case No. 5.0899-PD-271 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on May 22, 2002, after holding a public hearing and considering all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented, the Planning Commission recommended approval of the project; and WHEREAS, notice of the public hearing of the City Council of the City of Palm Springs to consider TTM 30050 and Case No. 5.0899 - PD-271, was given in accordance with applicable law; and WHEREAS, on June 191, 2002 a public hearing on the application for Tentative Tract Map 30050 and Case No. 50899-PD-271 was held by the City Council in accordance with applicable law;and WHEREAS, pursuant to Government Code Section 66412.3, the City Council has considered the effect of the proposed subdivision, Tentative Tract Map 30050, on the house needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed project represents the balance of these respective needs in a manner which is most consistentwith the City's obligation pursuant to its police power to protect the public health, safety, and welfare,- and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act("CEQA"),and an Environmental Assessment has been prepared forthis project and has been distributed for public review and comment in accordance with CEQA; 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, all environmental data including the environmental assessment prepared forthe projectand all written and oral testimony presented. THE CITY COUNCIL_ HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA,the City Council finds that,Tentative Tract Map 30050 and Case No. 5.0899-PD-271 are in compliance with the Final Environmental Impact Report that was prepared for the Canyon Park Resort and Spa Specific Plan project and was certified and adopted on July 19, 1991 and the additional Mitigated Negative Declaration(MND), certified and adopted on January 19, 1994 is in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines;the FEIR and MND adequately address the general environmental setting of the proposed Project, its significant environmental impacts, and the alternatives and mitigation measures related to each significant environment effect for the proposed project. The City Council has independently reviewed and considered Tentative Tract Map 30050 and Case No. 50899 - PD-271 and determined that the plans are in conformance with the information contained in the certified Final Environmental Impact Report and Mitigated Negative Declaration. The City Council further finds that the decision reflects its independent judgement. Section 2: The City Council finds that there is no new substantial evidence with respect to environmental effects that has been submitted to the City and there are no substantial changes with respect to the project that would require reversions to the certified Final Environmental Impact Report and MND. The current project proposed a sixty-seven (67)residential lot subdivision which is eighteen (18)fewer units than the 85 units analyzed in the original Final Environmental Impact Report and the MND. Since the potential for impacts has been lessened there is no need for further environmental review. Section 3: The City Council finds that a mitigation monitoring program was previously adopted pursuant to Public Resources Code Section 21081.6 in order to assure compliance with the above referenced mitigation measures during Project implementation. The City Council finds that the potential for an impact is even less than what was analyzed in the certified Final Environmental Impact Report and MND. Section 4 Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan; and Section 5: Pursuant to Government Code Section 65567, the City Council finds that the proposed subdivision and the provisions for its design and improvements are compatible with the objectives, policies, and general land use provided in the City's local open space plan; and Section 6: Pursuant to Government Code Section 66474(Subdivision Map Act), the Planning Commission finds that with the incorporation of those conditions attached in Exhibit A: a. The proposed Tentative Map is consistent with applicable general and specific plans. The proposed project is consistent with the General Plan and SP-1 and is similar to the previously approved tentative tract map. SP-1 allocated 85 units to the subject property. The proposal is for 67 units and is therefore below the density parameters of the Specific Plan- b. The design of improvement of the proposed subdivision is consistent with the General Plan and any applicable Specific Plan. Pursuant to Government Code Section 66473.5 the City Council finds that the proposed subdivision and the provisions for its design and improvement are compatible with the objectives, polices, and general land uses and program provided in the City's General Plan and any applicable specific plan. All street,drainage,and utilities improvements are subject to the standards of the General Plan, Conditions of Approval, and mitigation measures associated with TTM 30050 and Case No. 5.0899 - PD-271. c. The site is physically suitable for the type and density of development contemplated by the proposed subdivision. The property is 29.54 acres of relatively flat desert with vegetation characteristic of the Creosote Scrub - Burro Bush Dominated Community, pervasive throughout the southwestern United States. The location was previously approved for development of sixty-three (63) lot residential subdivision and is now proposed to be developed at sixty- seven (67) residential lots. There will be no incompatibility issues as the surrounding land uses are also within SP-1. There are single family residential lots and a golf course to the north, vacant land on the east and west, and residential uses to the south, which is in Riverside County. d. The design of the proposed subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish orwildlife or their habitat_ All potential land use and biological impacts as a result of developing the subject property are fully disclosed in the Environmental Assessment, previous MND, and Final EIR_ The project site lies outside the Peninsular Range Bighorn Sheep Critical Habitat and lacks occupation or activity by species of special concern. However,two sensitive wildlife species were detected on adjacent properties and mitigation measures, including a mitigation fee, have been introduced to reduce the effects on biological resources to less than significant impact. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the subdivision and proposed improvements must follow the conditions of approval including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, and the City of Palm Springs Fugitive Dust Control Ordinance in order to ensure public health and safety. f. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. An equestrian easement with landscaping is proposed on the north side of Acanto Drive and the east and west side of South Palm Canyon Drive. The property is also conditioned to provide a drainage easement for flood control and storm water drainage purposes. The right-of-ways for Acanto Drive and South Palm Canyon Drive are designed in accordance with City specifications, except for the modifications to the special street sections. The modified special street sections are consistent with what is existing at Acanto Drive and will allow a smooth transition to the Indian Canyons access road from South Palm Canyon Drive, south of Acanto Drive. g. A nexus or rough proportionality have been established for requirement of dedication of additional right-of-way to the City or the off-site improvements as related to the tentative tract map. The property frontages will provide an on-street bicycle path,sidewalk,and equestrian path with associated landscaped area. The improvements will aesthetically enhance the neighbourhood and provide safety benefits to existing and future property owners. Section 7: Pursuant to Section 94-03,00 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A: a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City"s Zoning Ordinance and SP-1. The proposed Planned Development District will allow for integrated design of the subdivision and adjacent streets. The Specific Plan is to be implemented via Planned Development District and subdivision maps, therefore, the PD is the appropriate land use review for this development. b. The use is necessary or desirable far 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 subdivision is consistent with the.General Plan, zoning designations, and land use designations in SP-1 and is similar to the previously approved Final Tract 12848. Tentative Tract Map 30050 will have 67 single family residential units, below the allocated 85 units in SP-1. The project will make up a portion of the overall Canyon Park Resort and Spa Specific Plan and will therefore be compatible with existing and future uses in"the zone. Any land use or biological impacts are fully disclosed in the Environmental Assessment. c. The site is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust said use to those existing or permitted future uses of land in the neighborhood. The applicant is requesting the entitlement of subdividing an existing 29.54 acre parcel into sixty-seven (67)single family residential lots. The lots average 14,500 square feet with the smallest lot being 13,687 square feet and the largest lot being 23,088 square feet. The property is zoned R-1-B and W-R-1-8 with an overlay of Specific Plan - 1 (SP-1). The property is vacant and currently subdivided into 63 single-family.lots (Tract 12848) although the physical improvements were never made, nor any lots sold for residential purposes. Tract 12848 will be vacated upon the recordation of the Final Tract Map_ The overall density is well within the adopted master plan allowance of 85 dwelling units. Access to the property will be from a gated entry on South Palm Canyon Drive. Forty-four feet of right-of-way and public utility easement is proposed to be dedicated from the subject tract to the City of Palm Springs. Existing improvements consist of two 2-lane undivided roadways. Internal circulation consists of a series of private streets and a cul-de-sac. Roadways within the subdivision would be privately maintained as would the two(2)lettered lots that include landscaping in front of the subdivision on South Palm Canyon and Acanto Drive. The Planned Development District includes adjustments to the R-1-13 property development standards, namely, minimum lot size, minimum lot depth and width, reduction in front setbacks, and allowance of detached garages_ The R-1-13 zone requires a minimum lot area of 15,000 square feet with a lot width and depth of 120 feet and 120 feet, respectively. The proposed average lot area is 14,500 square feet with unit size yet to be determined. Lot sizes range from 13,687 square feet to 23,088 square feet. Lot width is proposed for 100 feet and lot depth for 85 feet. The required front setback in an R-1-B zone for the main residence and garage is 25 feet, with detached garages only permitted in R-1-A and R-1- AH Zones. The front and side front setbacks for the residences and detached garages will be 15 feet and 20 feet, respectively, but may be altered depending on the mass and scale of the proposed units. The remainder of the proposal conforms with R-1-13 property development standards. d. That 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 Specific Plan amendments, to be accomplished via Planned Development District 271, refer to proposed street improvements on Acanto Drive and South Palm Canyon Drive, south of Bogert Trail. South Palm Canyon Drive will be reduced to a two-lane roadway with on-street bicycle paths, in consideration of the recent improvements to the Indian Canyons access road, south of Acanto Drive. The special street section on South Palm Canyon ay� U include a 2-foot mow strip to meet the edge of pavement condition and the sidewalk will meander within the public right-of-way and 30 foot private parkway_ Acanto Drive will be _ _ comprised of 29 feet of pavement, curb to curb, with no parking. There will be a mow strip on the south side of the street and a wedge curb on the north side. An additional 20 feet for an equestrian trail will be provided on the north of Acanto Drive. While the right-of-way widths will not be altered, the number of travel lanes will be modified to accommodate the design of the subject site and adjacent properties. The applicant proposes a 2 lane street on South Palm Canyon Drive with on-street bicycle paths and a 29-foot, two-lane roadway with no parking allowed on Acanto Drive. The Environmental Assessment showed that the existing and,proposed street network have the capacity to manage projected traffic volumes. The modified special street sections are appropriate for the scale of the proposed subdivision and potential net units For the surrounding properties. e. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety, and general welfare and may include minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety including, but not limited to, the application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. NOW,THEREFORE, BE IT RESOLVED that, based upon the foregoing,the City Council approves Tentative Tract Map 30050 and Case No. 50899 - PD-271 subject to those conditions set forth in the attached Exhibit A,which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED THIS 19"i day of June, 2002. AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: rG i EXHIBIT A TTM 30050 and Case No. 50899 - PD-271 Northeast corner.of South Palm Canyon Drive and Acanto Drive June 19, 2002 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, 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 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. 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 Specific Plan Amendments, TTM 30050 Case No. 5.0899- PD-271- 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 applicantshall 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 matterwithout the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. 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 V V9 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. The developer shall be responsible for compliance with the State Endangered Species Act and Federal Endangered Act prior to the issuance of grading permits, if deemed necessary by the applicable resource agencies. 5. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. 6a. The final development plans shall be submitted in accordance with Section 9403.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission. Final development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 6b. The property development standards forthis project shall be Section 92.01.00, R-1-BZone, except for the modifications to minimum lot size, lot depth, lot width, front and side front setbacks, and detached garages. Front and side front setbacks for the residences and detached garages will be considered at '10 to 15 feet and 20 to 25 feet, respectively, pending submittal of final development plans. FrarT al— - `,ce „- t Selbaek'-#aerie 7. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Final landscape plans shall include the entire street right-of-way landscaped areas. The project shall be responsible for installation and maintenance of all landscaped areas within the right-of-way and easement area. 8. The project is located in an area defined as having an impact on fish and wildlife as defined in Section 711.4 of the Fish and Game Code. Therefore, a fee of $1,250.00 plus an administrative fee of $50.00 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to Council action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application'shall not be final until such fee is paid. 9. 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. 10. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.0100 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. 11. 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 issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property including the equestrian easement and landscaping within right-of-way in a good condition and in accordance with all ordinances- The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney.-A$250 filing fee shall also be paid to the City Planning Department for administrative review purposes.- 13. 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. 14. - - 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. 15. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D.- 16. The street address numbering/lettering shall not exceed eight inches in height- IT Manufacturer's cut sheets of all exterior lighting (landscaping, and entry area) shall be submitted for approval prior to final map approval. 18. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 19. The design, height, texture and color of fences and walls shall be submitted for review and approval prior to issuance of building permits. 20. Texture, materials, and colors to be used on the proposed fences_ and walls shall be submitted for review and approval prior to issuance of building permits. 21. Vehicles associated with the construction 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. 22. 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 Engineering specifications. 2 VA9 23. 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. 24. Trash cans shall be screened from view and kept within fifty (50) feet of the street. 25. The applicant shall dedicate a 30' easement and construct a 15' wide equestrian trail between the property line and Lots 27 to 35. Design and details shall be submitted with the final Planned Development plans_ The equestrian trail shall be separated from the sidewalk and Lots 27 to 35. A minimum 15' decomposed granite trail, landscape, fencing and signing shall be provided. If SP-1 is amended, and a trail is no longer required, the Planning Commission may delete this condition at Final PD stage. 26. Final development plans shall be prepared in accordance with the Mitigation Monitoring Program for Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan/EIR. Prior to approval of the Final PD and Final Tract Map, a comprehensive mitigation monitoring report consistent with the Monitoring Program shall be prepared and approved by the Director of Planning and Zoning. The City shall be reimbursed for the cost of preparation and/or review of said report_ Refer to City Council Resolution No. 17598 certifying the Final EIR for the Canyon Redevelopment Plan and Canyon Park Resort and Spa Specific Plan for specific details. All mitigation measures, where applicable, shall be adopted as conditions of approval. The following measures are hi-lighted for convenience: a. Prior to final project acceptance including approval of the final map or planned development district, the City shall establish a formula for the applicant's payment of their "fair share" of the costs of the matters listed below, and applicant shall pay fees pursuant to the formula or post such security as the City Attorney shall determine is appropriate. The fair share formulas shall be based on data developed by City or its consultants to determine the applicants proportionate responsibility for providing the specified public improvements, and for producing affordable housing, based upon the benefits received by the project and/or impacts caused by the project. The costs shall include not only construction costs, but also design, engineering and other similar costs, as well as City administrative costs including the costs of developing the fair-share formula. Fair-share formulas shall be developed for the following matters; i) Funding of site acquisition and construction of a fire station providing adequate fire protection services to the project site and vicinity. ii) Funding of site acquisition and construction of affordable housing meeting the goals of the City's Housing Element_ See Section 5-10 (5-184) Jobs and Housing for specific mitigation measures. iii) Funding of construction of off-site roadway improvements and signals as shown in Table 5.14 of the Canyon Redevelopment Plan and the Canyon Park Resort and Spa Specific Plan Final Environmental Impact Report. b. Appropriate removal and recompaction of surface soils in areas to support structures will mitigate potential settlements. Building sites planned within the alluvial areas shall be R V49 evaluated by the soil eng in eer for settlement potential during detailed geotechnical studies for design of structures, with respect to the specifics of proposed structure locations, sail conditions, foundation loads, etc. A final soils report shall be submitted with the detailed development plans (grading and structural)for the project. c. All outdoor lighting constructed on the; project site shall be directed at the ground to prevent unnatural lighting-from interfering with the activity of nocturnal animals that live in the surrounding natural areas. Exceptions to this condition shall be limited to accent landscape and architectural lighting. All lighting which directly illuminates hillsides and wash areas shall be prohibited. This condition shall be included in the CC&R"s. d. The applicant and the building contractor shall halt grading or any other construction activity in the immediate vicinity immediately if archaeological resources are uncovered during grading. The applicant and/or contractor shall notify the City and Tribal Council in writing and shall summon a qualified archaeologist to determine the significance of uncovered archaeological resources and appropriate mitigation measures. e. Due to the historical sensitivity of the area, a tribal representative and/or a qualified archaeologist monitor shall be present during all rough grading operations- A written report shall be provided to the City outlining the nature of any resources found on-site, disposition, etc. At the end of construction a written report shall be provided summarizing resources found (if any) and if any additional work is needed. POLICE DEPARTMENT: 1. Developer shall complywith Section II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE: 1. Fire Department Access: Provide detail on the entry median and entry gate area. A 20 foot unobstructed width is required, including gate openings. 2. Mandatory Fire Sprinklers: Project is beyond a 5-minute response time from closest fire station. All buildings, regardless of size, require an automatic fire sprinkler system. (1003.2.1 CFC) 3. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire. hydrants or standpipes (Or combinations thereof located as directed by the fire department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) . 4. Residential fire hydrants: Residential fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting,walls, or fencing are permitted within 3 feet of fire hydrants, except ground cover plantings- 02 5. Site Plan: Provide the fire department with two copies of an approved site plan. Approved locations for fire hydrants will be marked on this site plan, with one copy being returned to the applicant. The second copy will be retained by the fire department. 6. Fire hydrant systems: Following fire department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.2.2.2 CFC) 7, Access During Construction: Access for fire fighting equipment shall be provided to the immediate job site at the start 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). Free access from the street to fire hydrants and to outside connections for standpipes, sprinklers or other fire extinguishing equipment, whether permanent or temporary, shall be provided and maintained at all times. B. Secondary Emergency Access: The emergency access area shown at the south-west corner of the project(west of Lot 35)must meet the same requirements as an access road In condition#7 above. ENGINEERING: The Engineering Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances: STREETS 1. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major and Secondary Thoroughfares. 2. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department- B. All agreements and improvement iplans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc, required by these conditions. PALM CANYON DRIVE SOUTH The following conditions of approval which refer to the pavement width shall be revised, IF necessary, to agree with the focused traffic study as approved by the City Engineer. 3. Dedicate a 30 footwide easement for landscape and pedestrian access purposes along the entire frontage- 4- Acquire an additional right-of-way width of 10 feet on the west side of the section along the entire frontage for a total right-of-way width of 54 feet. 5. Construct a 12 inch wide mow strip, 20 feet EAST of centerline from Acanto Drive to the north tract boundary, with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE and at the NORTHEAST AND SOUTHEAST corners of the intersection of PALM CANYON DRIVE SOUTH and STREET 'D" per City of Palm Springs Standard Drawing No. 200 and 206. 6. Construct both halves of a 6 foot wide cross gutter at the intersection of PALM CANYON DRIVE SOUTH and STREET "D" with a flow line parallel with and 20 feet EAST of the centerline of PALM CANYON DRIVE SOUTH in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 7. Constructa 115footwide pedestrian/bike pathway between the storm waterchannel and the • west tract boundary along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210 and meeting the approval of the City Engineer and Director of Planning and Building. The pathway shall also serve as the storm channel maintenance roadway. The east 5 feet of the pathway shall be constructed with 6 inch thick (6 sack) Portland Cement Concrete. The west 10 feet of the pathway shall be constructed with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, tartan block, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. 8. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed mow strip to 10 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315- The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the.City Engineer for approval. A redwood header shall be installed along the west edge of pavement. ACANTO DRIVE 9. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, 3 feet NORTH of section/centerline and 32 feet NORTH of section/centerline.(distance measured from back of wedge curb on south side to flow line of wedge curb on north side) respectively, from South Palm Canyon Drive to the east tract boundary,with a 35 foot radius curb return and spandrel at the NORTHEAST corner of the intersection of PALM CANYON DRIVE SOUTH and ACANTO DRIVE per City of Palm Springs Standard Drawing No. 200 and 206. �y��3 10. Construct Catch basins, as needed for drainage, and connect to the proposed storm drain line. The wedge curb and gutter shall transition into 6 inch vertical curb and gutter at the catch basin locations. The design shall be reviewed and approved by the City Engineer, 11_ Construct a 15 foot wide meandering equestrian/pedestrian trail along the entire frontage with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. Construct a redwood header on both sides of the trail along its entire length. 12. Dedicate a 30 footwide easementfor landscape and pedestrian access purposes along the entire frontage via the tract map. 13. Construct ac pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to proposed gutter along the entire frontage in accordance with modified City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PRIVATE STREETS 14. The following traffic calming devices, OR equal, (the final configuration to be approved by . the City Engineer) shall be incorporated into the on-site streets: Narrowed pavement`chokers'shall be provided at one location on Street"A", one location on Street "C", one location on Street "D", and one location on Street "E", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 80 foot long, 20 foot wide(10 feet each side of centerline)narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. The proposed chokers at the east and west ends of Street"D" can be constructed but are not a requirement of these conditions of approval. If they are part of the street improvements, the approval of the City Engineer will be required for the design of same. 15a. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 16.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersection of Street"A" with Street "C" and "D" and at the intersection of Street "D"with Street"B" per City of Palm Springs Standard Drawing No. 200 and 206. Parking shall be allowed on both sides of the street. 15b. OR IF THERE IS PARKING ON BOTH SIDES OF THE STREET PER CITY STANDARD DRAWINGS; Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 18.5 feet from both sides of centerline along the entire frontage,with 25 foot radius curb returns and spandrels at the intersections of Street"A"with Street"C"and"D"and at the intersection of Street"D" with Street"B"per City of Palm Springs Standard Drawing No. 200 and 206. 10. Construct catch basins, as needed for drainage, and connect to the proposed storm drain line. The wedge curb and gutter shall transition into 6 inch vertical curb and gutter at the catch basin locations. The design shall be reviewed and approved by the City Engineer. 11. Construct a 15 foot wide meandering equestrian/pedestrian trail along the entire frontage with 6 inch thick decomposed granite compacted to 90% over 24 inches native soil compacted to 90%, OR equal, meeting the approval of the City Engineer and Director of Planning and Building. Construct a redwood header on both sides of the trail along its entire length. 12. Dedicate a 30 foot wide easement for landscape and pedestrian access purposes along the entire frontage via the tract map. 13. Construct ac pavement with a minimum pavement section of 2-1/2 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to proposed gutter along the entire frontage in accordance with modified City of Palm Springs Standard Drawing No. 110 and 300. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. PRIVATE STREETS 14. The following traffic calming devices, OR equal, (the final configuration to be approved by the City Engineer) shall be incorporated into the on-site streets: Narrowed pavement`chokers' shall be provided at one location on Street"A", one location on Street "C", one location on Street "D", and one location on Street "E", as approved by the City Engineer. Chokers shall be designed with a transition using 25 foot reverse curves and a 40 to 80 foot long, 20 foot wide(10 feet each side of centerline)narrowed travel way. The narrowed travel way shall be constructed with a colored or decorative Portland cement concrete section 6 inches thick as approved by the City Engineer. The proposed chokers at the east and west ends of Street"D" can be constructed but are not a requirement of these conditions of approval. If they are part of the street improvements, the approval of the City Engineer will be required for the design of same. 15a. Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 16.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersection of Street"A" with Street "C" and "D" and at the intersection of Street "D"with Street"B" per City of Palm Springs Standard Drawing No. 200 and 206. Parking shall be allowed on both sides of the street if all buildings are sprinklered and if the parking lanes are clearly marked leaving a clear 20-foot wide vehicular path to satisfy Uniform Fire Code standards. It shall be the responsibility of the Homeowners Association to maintain the delineation and provide signs for the life of the project. Final street design shall be subject to final approval of the Fire Chief, City Engineer. and Director of planning and Building. R9 WED 24 i i i i J 15b. In the event 15A above cannot be implemented, the project shall comply with the following condition: E)R F T1!ERE IS 'AR KING QON BIOr SIDES r F -rur STREET PER E'er,y_&TAid ; Construct a 6 inch wedge curb and gutter except where hydrology requires 8 inch wedge curb and gutter, with the back of the wedge curb being 18.5 feet from both sides of centerline along the entire frontage, with 25 foot radius curb returns and spandrels at the intersections of Street"A"with Street"C" and "D"and at the intersection of Street"D"with Street"B°per City of Palm Springs Standard Drawing No. 200 and 206. 16. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "A" with Streets "C and "D" with a flow line parallel with and 16.5 feet East of the centerline of Street "A" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 17. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "B" with Street"D"with a flow line parallel with and 16.5 feet West of the centerline of Street"B" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct knuckles at the intersection of Street"A with Street"E"and at the intersection of Street °B° with Streets "C and "E" in accordance with City of Palm Springs Standard Drawing No_ 104. 19. The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103, curb portion only. 20. All centerline radii shall be a minimum of 130 feet. 21. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No. 201. See Condition No. 22 for gated entrance requirements for Main Entries that are proposed to be gated. 22. The following requirements for a gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project: A. Provide a minimum curb cut of 100 feet (from BCR to ECR) for the gated Main Entry. B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 20 feet clear width in each direction. E. Provide separate lane of ingress for residents. SANITARY SEWER 22. The on-site sewer mains will be maintained by the HOA, Provision for this shall be addressed in the CC & Rs. 16. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "A" with Streets "C" and "D" with a flow line parallel with and 16.5 feet East of the centerline of Street "A" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 17. Construct both halves of a 6 foot wide cross gutter at the intersection of Street "B" with Street"D"with a flow line parallel with and 16.5 feet West of the centerline of Street"B" in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 18. Construct knuckles at the intersection of Street"A with Street"E"and at the intersection of Street `B" with Streets "C" and "E" in accordance with City of Palm Springs Standard Drawing No. 104. 19. The on-site cul-de-sac shall be constructed in accordance with City of Palm Springs Standard Drawing No. 103, curb portion only. 20. All centerline radii shall be a minimum of 130 feet. 21. Construct minimum 10 wide driveway approaches for all lots in accordance with City of Palm Springs Standard Drawing No, 201. See Condition No. 22 for gated entrance requirements for Main Entries that are proposed to be gated. 22. The following requirements fora gated entry shall be met to provide adequate setbacks and turning movements for vehicles entering the primary parking facilities of this project A. Provide a minimum curb cut of 100 feet (from BCR to ECR) for the gated Main Entry_ B. Provide a minimum 50 foot setback to the access gate control mechanism C. Provide a turnaround after the mechanism for vehicles unable to enter the project D. Security gates shall be a minimum of 20 feet clear width in each direction. E. Provide separate lane of ingress for residents. SANITARY SEWER 22. The on-site sewer mains will be maintained by the HOA. Provision for this shall be addressed in the CC & Rs. 23. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. 24. Developer shall construct an 8 inch sewer main across all PRIVATE STREET frontages, through the proposed 20 foot wide drainage/sewer easement adjacent to the southwest property line of Lot 9 OR the northeast property line of Lot 8 and through the existing 30 foot wide utility easement to the existing manhole south of the Palm Canyon Drive South and Bogert Trail intersection in accordance with the Master Plan of Sewers and connect to 071A the existing sewer system. The 20 foot wide drainage/sewer easement shall be located entirely within Lot 8 or Lot 9. 25. Submit sewer improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal shall include the following: A. Copy of signed Conditions of Approval from Planning Department- B. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. C. Sewer Study/Report, IF required by these conditions. 26. The project is subject to a sewer assessment fee of$146.19 per lot for construction of the 15" sewer main in Avenida Granada, Calle Palo Fierro and Laverne Way.The fee shall be paid prior to issuance of a building permit for individual lots. GRADING 27. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 28. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department.A PM 10(dust control)Plan shall be submitted to and approved by the Building Division prior to approval of the grading plan. The Grading Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. Minimum submittal includes the following: A_ Copy of Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department- 0- Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E_ Copy of Soils Report, IF required'by these conditions. F. Copy of Hydrology Study/Report,I IF required by these conditions. G. Copy of the General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. 916 657-0687) to the City Engineer prior to issuance of the grading permit. 29. Drainage swales shall be provided adjacent to all curbs and sidewalks-T wide.and 6"deep -to keep nuisance water from entering the public streets, roadways, or gutters- 30. Developer shall obtain a General Construction Activity Storm Water Permit from the State Water Resources Control Board (Phone No. (916)-657-0687)and provide a copy of same, when executed, to the City Engineer prior to issuance of the grading permit. 31. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City-a cash bond of two thousand dollars ($2,000-00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 32. A soils report prepared by a licensed Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site.A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans,calculations and other information subject to approval bythe City Engineer prior to the issuance of the grading permit. 33. Contact the Building Department to get information regarding the preparation of the PM10 (dust control) Plan requirements. . 34. 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 import or export of soil will be required to present a Clearance documentfrom 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE 35. Developer shall obtain easements dedicated to Riverside County Flood Control and Water Conservation District (RCFC)for flood control and stormwater drainage purposes across Lots 73 and 74 of Tract 16149(APN's 512-200-022 and-024)and across that certain 1.80 acre parcel of land indicated as floodway on Tract 12848 (APN 512-292-001), 36. The developer shall accept all stormwater runoff passing through and falling onto the site and conduct this runoff to an approved drainage structure (if available). On-site retention/detention or other facilities approved by the City Engineer shall be required if off- site drainage structures are unavailable or cannot contain the increased stormwater runoff generated by the development of the site. Provide a hydrology study to determine if the increased stormwater runoff due to development of the site exceeds the capacity of offsite drainage structures (if any exist), and to determine required stromwater runoff mitigation measures for this project. r2 VO/r 37. A portion of this property (a portion or all of Lots 2 thru 10, and 13 and Lots A and B) is in . Federal Insurance Rate Map (FIRM)zone A and shall conform to all of the FEMA and City of Palm Springs Flood Hazard Ordinance requirements for this zone. 38. The developer shall design and construct the storm drain channel and culvert of a non- erodable,natural-type section and configuration capable of conveying the tributary 100-year storm runoff, as approved by RCFC and the City Engineer, along the west tract boundary within an easement for operation and maintenance dedicated to RCFC in a form acceptable to the RCFC. 38A. The developer shall design and construct interim inlet works and various appurtenances, across a portion of APN 686-030-004, consistent with RCFC standards, as approved by RCFC and the City Engineer. If public records do not demonstrate the existence of easements that allow for the construction of flood control and stormwater drainage improvements within that area of land where interim drainage improvements are required, the developershall obtain an easement dedicated to RCFC forflood control and stormwater drainage purposes. 38B. The developer shall design and construct an interim collection/containment embankment (berm) approximately 350 feet in length across the south portion of APN 513-460-019 as conceptually shown in Exhibits 4 and 5 of the Addendum to the Master Plan of Drainage for the Andreas Alluvial Cone, Dry Canyon, Arenas South and North Canyons and Palm Canyon(from BogertTrail to 1800 feet Downstream of BogertTrail)Drainage Courses, City of Palm Springs,dated October 2001, consistent with RCFC standards, as approved by • RCFC and the City Engineer. If public records do not demonstrate the existence of easements that allow for the construction of flood control and stormwater drainage improvements within that area of land where interim drainage improvements are required, the developer shall obtain an easement dedicated to RCFC forflood control and stormwater drainage purposes. 38C. The developer shall enter into a cooperative agreement with the City and RCFC, or, if not required to be party to a cooperative agreement upon a determination by the City and RCFC, the developer shall agree to comply with operation, maintenance and joint use responsibilities of the drainage channel along the west tract boundary as determined by the City and RCFC. Operation, maintenance and joint use responsibilities applicable to the developer shall be included in provisions of Covenants, Codes and Restrictions(CC&R's) administered by a common Homeowners Association for the project. 38D. Developer shall construct a 15 feet wide access road along the easterly side of the drainage channel along the west tract boundary to also be used as a pedestrian trail in a manner acceptable to RCFC and the City Engineer. Developer shall be responsible for all maintenance and repair costs associated with keeping RCFC with clear, free and unobstructed access to the drainage channel. 38E. The developer shall pay the City $40,000.00 for maintenance costs as a condition for facilitating RCFC maintenance of the interim drainage improvements associated with this project. If the Developer is party to a cooperative agreement with the City and RCFC, the Developer shall submit payment to the City concurrent with approval of and in compliance . with the terms of the cooperative agreement. If the Developer is not party to a cooperative agreement, the Developer shall submit payment to the City prior to issuance of a grading permit. 39. The developer shall submit application and pertinent data to the Federal Emergency Management Agency (FEMA) for a Letter of Map Revision (LOMR) and shall provide FEMA's final written determination to the City Engineer prior to issuance of a Certificate of Occupancy or Notice of Completion. GENERAL 40. Any utility cuts in the existing off-site pavement made by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No- 115. Pavement shall be restored to a smooth rideable surface. 41, All existing and proposed utility lines that are less than 35 kV on/or adjacent to this project shall be undergrounded. The location and size of the existing overhead facilities shall be provided to the Engineering Department along with written confirmation from the involved utility-company(s) that the required deposit-to underground the facility(s) has been paid, prior to issuance of a grading permit. All undergrounding of utilities shall be completed prior to issuance of a Certificate of Occupancy. 42- All existing utilities shall be shown on the grading/street plans- The existing and proposed service laterals shall be shown from the main line to the property line.The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering Department prior to issuance of the certificate of occupancy. 43. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 44. 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 93.02.00, D- 45. 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 Engineering specifications. MAP 46. The 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 Parcel Map or Final Map to the Engineering Department- 47. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil Engineer and submitted to the Engineering Department for review. Submittal shall be made prior to issuance of grading or building permits. oZ ��l4� TRAFFIC 48. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalk or shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the PALM CANYON DRIVE SOUTH and ACANTO DRIVE frontages of the subject property. 49. Install a 4-way stop sign at the intersection of Street "A" and Street"D". Install a stop sign for vehicles egressing at Palm Canyon Drive South. Install a stop sign for vehicles entering Street "B" at Street"D". Install a stop sign for vehicles entering Street"A" at Street"C". 50. The developer shall replace all damaged; destroyed, or modified pavement legends and striping that is required by the City Engineer on the PALM CANYON DRIVE SOUTH AND ACANTO DRIVE frontages prior to issuance of a Certificate of Occupancy. 51. Street name signs shall be required at each intersection in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 52. 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. 53. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL SINGLE FAMILY DETACHED ITE Code B land use. Off-Site Improvements Approved For Deferral By Covenant