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HomeMy WebLinkAbout24950RESOLUTION NO. 24950 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT APPLICATION, CASE 5.1518-CUP, BY KINGS GARDEN, LLC., FOR THE EXPANSION OF AN EXISTING CANNABIS CULTIVATION FACILITY FROM A 37,787-SQUARE FOOT FACILITY TO A 212,027-SQUARE-FOOT CANNABIS CULTIVATION FACILITY LOCATED AT 63795 19TH AVENUE; ZONE M-2, SECTION 15. WHEREAS, Kings Garden, Inc., ("Applicant") has filed a Conditional Use Permit application (Case 5.1518 CUP) with the City pursuant to Sections 93.23.15 (Special Standards for Specified Cannabis Facilities) and 94.02.00 (Conditional Use Permit); for the expansion of an existing Type 3A and Type 4 cannabis cultivation facility located at 63795 19t" Avenue, and WHEREAS, Pursuant to Section 92.17.01(D)(14) of the Palm Springs Zoning Code, cannabis cultivation facilities are permitted uses in the zoning designation subject to a conditional use permit and the development standards contained in Section 93.23.15. WHEREAS, On June 23, 2021, the Planning Commission held a public hearing to consider the Project in accordance with applicable law and voted 4 to 2 to approve the project; and WHEREAS, Notice of a public hearing of the City Council of the City of Palm Springs to consider the project was given in accordance with applicable law; and WHEREAS, On July 22, 2021, the City Council held a public hearing to consider the Project in accordance with applicable law and voted to the hearing; and WHEREAS, On October 28, 2021, the City Council held a public hearing to consider the Project in accordance with applicable law: and WHEREAS, The proposed use is a project as defined by the California Environmental Quality Act (CEQA). An initial study was conducted which considered all required CEQA issues, including but not limited to air quality, cultural resources, land use, hydrology, and traffic. There were two potential significant adverse impacts identified therefore, a Mitigated Negative Declaration (MND) has been recommended for adoption. Pursuant to Section 15063 of the California Environmental Quality Act (CEQA) Guidelines, a Notice of Intent (NOI) to adopt a Negative Declaration (MND) was prepared. The Notice of Intent was circulated; the 20-day public review and comment period commenced on May 21, 2021 and closed on June 10, 2021. There were no comments received from reviewing agencies and there were no comments received from members of the public. It has been concluded that the MND has addressed all issues required to be addressed by CEQA, including land use policies, safety, aesthetics, air quality, Resolution No. 24950 Page 2 biological resources, cultural resources, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality noise effects and traffic impacts during operation of the project. The project does require mitigation measures; also, staff has included the City's standard and project specific conditions of approval for the proposed cannabis cultivation, facility; and WHEREAS, The City Council has carefully reviewed and considered all the evidence presented in connection with the hearing on the Project, including, but not limited to, the staff report, the CEQA assessment, and all written and oral testimony presented; and WHEREAS, Pursuant to Section 94.02.00 of the Palm Springs Zoning Code for a Conditional Use Permit the City Council will make the following findings: 1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. PSZC Section 92.17.2.01.(D)(10) allows a cannabis cultivation facility at the location subject to the development standards contained in Section 92.23.15 of the PSZC. The proposed cannabis cultivation facility will occur within an existing 37,787-square foot building and two new two-story buildings totaling 212,027 square feet in size, along with a 6,560 square foot warehouse. The location is zoned M-2 (Manufacturing Zone) and within the Cannabis Overlay (CO), where cannabis cultivation facilities are permitted uses with the approval of a Conditional Use Permit. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The General Plan land use designation for the site is RBC (Regional Business Center). The RBC is generally located at the Indian Canyon Drive and Gene Autry Trail interchanges north of the Southern Pacific Railroad and adjacent to 1-10. The Regional Business Center area is intended to accommodate a wide variety of business activities in a multi -use environment. The proposed use is consistent with uses intended in the RBC areas which typically include a wide variety of activities and industrial services. The proposed location is within the Cannabis Overlay zone, which is the preferred location for those facilities; the area is predominantly used for wind farms and other electricity producing related uses. There are no sensitive or protected uses near the site, therefore, the proposed use will not be detrimental to existing uses or to future uses permitted in the zone. 3. That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. Resolution No. 24950 Page 3 The proposed cannabis cultivation, processing and distribution facility will be sited on a proposed developed 9.39-acre parcel. The City has reviewed and approved a Minor Architectural Application for the architectural design and landscaping for the two new two- story buildings and warehouse for the facility expansion. As designed, the proposed industrial buildings meet all the development standards of the zoning designation to include setbacks and walls/fences. The site is adequate in size to accommodate the proposed cannabis facility. The site can be accessed through 19th Avenue. 4. That the site for the proposed use relates to the streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The subject site and its immediate surrounding are fully developed with local and collector streets that relates to the nearby North Indian Canyon Drive which is a Major thoroughfare. The existing street network surrounding the location is adequate to support the trips generated by the proposed use. The proposed use will not impact the nearby streets and highways. Access into the site will be from the existing driveway from 19th Avenue. 5. 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 modification of the zone's property development standards. The conditions imposed as part of this Conditional Use Permit are intended to minimize odor impacts on the surrounding community and reduce project environmental impacts to below a level of significance. The conditions of approval have been included to ensure that the facility operates in a manner which protects the public health, safety, and general welfare. These conditions include compliance with the City's noise ordinance, odor control ordinance and other necessary requirements. The Odor Control Plan has been reviewed and approved by the City's Consultant; the plan will reduce odors from the facility to below a level of significance as addressed by the plan. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the foregoing Recitals are true and correct and are incorporated herein by this reference as the cause and foundation for the action taken by and through this Resolution. Based upon the foregoing, the City Council hereby approves Case 5.1518-CUP, which allows Kings Garden, Incorporated, the expansion of an existing 37,787 square foot Type 3A and Type 4 cannabis cultivation facility to a proposed 212,027 square feet cannabis cultivation facility located at 63795 19th Avenue subject to conditions attached to this Resolution. Resolution No. 24950 Page 4 PASSED, APPROVED AND ADOPTED BY THE PALM SPRINGS CITY COUNCIL THIS 28th DAY OF OCTOBER, 2021. " C/ � JUSTIff CLIFTON, MANAGER CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY J. MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24950 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on October 28, 2021, by the following vote: AYES: Councilmembers Garner, Kors, Woods, Mayor Pro Tern Middleton, and Mayor Holstege NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this �3' ``' day of , 2c�z( Anthony J) Mejia, ity Clerk City of Patn Springs, California Resolution No. 24950 Page 5 KINGS GARDEN, INC. — Cannabis Cultivation Facility 63795 19th Avenue October 28, 2021 CONDITIONS OF APPROVAL-5.1518-CUP Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1518- CUP. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped November 9, 2020, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1518-CUP. 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, Resolution No. 24950 Page 6 the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of the Conditional Use Permit (CUP) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. Extensions of time may be approved pursuant to Code Section 94.12.00. Such extension shall be required in writing and received prior to the expiration of the approval. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 10. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit to all buyers and potential buyers (conditional use permits only) PLANNING DEPARTMENT CONDITIONS PLN 1. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. PLN 2. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. Resolution No. 24950 Page 7 PLN 3. Licensing: Kings Garden, Inc., shall remain in compliance with Chapter 5.55 of the City Municipal Code and Section 93.23.15 of the Palm Springs Zoning Code relative to City licensing regulations for Cannabis Facilities. PLN 4. Odor Prevention. The Odor Control Plan shall be developed, installed and maintained in accordance with the approved plans, date stamped November 9, 2020, on file in the Planning Division. The facility shall be required to utilize odor prevention devices and techniques in accordance with PSMC Section 5.55.200, so that cannabis odors are not detectable off -site. Failure to adhere to this condition may require the applicant to further modify or enhance the odor prevention systems or may result in the revocation of this Conditional Use Permit pursuant to PSZC Section 94.02.00. PLN 5. Recommendations of Consultant. The applicant shall be required to implement all recommendations of the City's Consultant prior to issuance of Certificate of Occupancy. PLN 6. Air Filtration. Air filtration systems in the facility shall be developed, installed and maintained in accordance with the approved plans, date stamped March 16, 2021, on file in the Planning Division. Kings Garden, Inc., shall provide adequate air filtration to prevent any detectable odor at the exterior of the premises. Within twenty-four (24) hours of any complaint concerning odors emanating from or originating within the facility, the operator shall respond to the complaint in question, and shall timely file a written disclosure to the Building Official documenting any and all actions taken and planned to address the odor complaint. Any failure to timely submit a written disclosure, a more detailed implementation plan and/or performance schedule shall be grounds to start the revocation process of the Conditional Use Permit. PLN 7. Type 3113 & Type 4 Cannabis Cultivation. Cannabis cultivation at this facility shall be limited to a Type 3B & Type 4 License only. PLN 8. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with any applicable City, County, and State codes, ordinances, resolutions and/or laws shall constitute grounds to revoke the Conditional Use Permit. In addition, such violations may also result in enforcement actions including citations, arrest and business closure, in accordance with law. PLN 9. Testing. Cannabis testing by a third party shall be in accordance with the provisions of Chapter 5.55 of the City of Palm Springs Municipal Code. PLN 10. Security Plan. The applicant shall be required to comply with the approved security plan by the City of Palm Springs Police Department in accordance with PSMC Section 5.55.210. Resolution No. 24950 Page 8 PLN 12. Changes to Operations. The applicant/operator of the cannabis facility shall be required to amend the CUP and the Odor Control Plan should there be changes to the Type 2B cannabis operations at the facility. PLN 13. Bicycle Racks. Bicycle racks shall be located at the site in accordance with PSZC Section 93.06.00 (C)(5). PLN 14. Inspections. Inspections of mechanical equipment shall be required at one (1) month, three (3) months, six (6) months and then after the bi-annual basis by an independent third party chosen by the City, at the applicant's expense. PLN 15. Shower Facility. The applicant shall be required to provide shower facility at the site. PLN 16. Planning Commission Added Conditions for MAA 3.2448. • The proposed project shall be reviewed by the Sustainability Commission including review of waste trash enclosure. • The applicant shall increase proposed wall parapets to screen mechanical equipment, a different material shall not be used. • The applicant shall install landscape screening on the west side of the site and a landscape maintenance plan shall be prepared and submitted to Planning Division Staff. • The Commission strongly recommend that the applicant look into adding solar system to the facility. PLN 17. City Council Added Conditions on 10/28/21 1. The applicant shall be required to purchase 100% carbon -free power from either SCE or DCE to reduce the project's GHG emissions. 2. The Odor Control Measures at the Anza Cannabis Facility shall be fully installed prior to issuance of any building permits for the Kings Garden facility expansion. 3. Inspections of odor control equipment shall be required at the Anza facility on a recurring six (6) month basis by an independent third party hired by the City, at the applicant's expense, until odor -related issues have been effectively resolved at the facility and to the satisfaction of the Development Services Director. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. The applicant shall be required to prepare a cultural resources inventory of the project area by a qualified archaeologist prior to any development activities on the site. Copies of any cultural resource documentation (report and site Resolution No. 24950 Page 9 records) generated in connection with this project shall be provided to the Agua Caliente Tribal Historic Preservation Office. ENV 2. Prior to issuance of grading permits, the applicant/developer shall be required to enter into a contract and retain an approved Agua Caliente Native American Cultural Resources Monitor(s) for any ground disturbing activities (including archaeological testing). The Monitor shall be on -site during all initial ground disturbing activities and excavation of each portion of the project site, including clearing, grubbing, tree removals, grading, trenching, stockpiling of materials, rock crushing, structure demolition, etc. Should buried cultural deposits be encountered, the Monitor may divert, redirect, or halt destructive construction activities to allow for the identification, evaluation and potential recovery of cultural resources in coordination with the Agua Caliente Tribal Historic Preservation Office and an appropriate cultural resource professional. A mitigation plan may be required for treatment of encountered resources for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. ENV 3. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (City Council decision). 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. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfq.ca.gov for more information. ENV 4. The applicant/developer shall be required to provide a cultural resources inventory of the project area by a qualified archaeologist prior to any development activities in the area. ENV 5. Mitigation Monitoring. 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 Mitigated Negative Declaration (MND) will be included in the plans prior to City Council consideration of the environmental assessment. Mitigation measures are defined in the CEQA Evaluation and summarized here as follows: Biological: Mitigation Measures: B/O-1. To comply with the MBTA, any vegetation or tree removal, or other ground disturbing activities occurring between January 1st and August 31 st with the Resolution No. 24950 Page 10 potential to impact nesting birds shall require a qualified biologist to conduct a nesting bird survey within 14 days of the initiation of any ground disturbing activity. All vegetation and suitable nesting habitat (including open ground) on the Project site, whether ornot it will be removed or disturbed, shall be surveyed for nesting birds. The consulting biologist shall establish buffer areas if active nests are found. No ground disturbance can occur within these buffer areas until the biologist confirms that birds have fledged. If no nests are present, this condition will be cleared. Conducting construction activities outside the breeding season (September 1st through December 31 st) can avoid having to implement these measures. Monitoring: B10-A. The City's Planning Division shall assure that necessary nesting bird surveys are completed in compliance with the Migratory Bird Treaty Act and applicable protocol prior to any ground disturbing activity between January 1 and August 31. Cultural Resources: Mitigation Measures and Monitoring: CUL-1 If during the course of excavation, grading or construction, artifacts or other archaeological resources are discovered, all work in the immediate area of the find shall be halted and the applicant shall immediately notify the City Planner. A qualified archaeologist and/or tribal monitor shall be called to the site by, and at the expense of, the applicant to identify the find and propose mitigation if the resource is culturally significant. Work shall resume after consultation with the City of Palm Springs and implementation of the recommendations of the archaeologist and/or tribal monitor. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. POL 2. Developer shall include on plans documentation of exterior lighting, cameras (both interior and exterior), the location of any safe, and alarm panel(s) and/or panic button(s). BUILDING DEPARTMENT CONDITIONS The Following Standard Building & Safety Conditions of Approval Are Applicable to This Project: Resolution No. 24950 Page 11 General Conditions 1. Shall comply with the latest adopted edition of the following codes as applicable: A. California Building Code B. California Electrical Code C. California Mechanical Code D. California Plumbing Code E. California Energy Code F. California Fire Code G. California Green Building Standards Code 2. Automatic fire suppression systems shall be installed in all new construction per Article VI of Chapter 8.04 of the Code of the City of Palm Springs. Design and type of system shall be based upon the requirements of the Building and Fire Codes and the requirements of the Palm Springs Fire Department. 3. The requirements of the Air Quality Management District shall be satisfied prior to the issuance of any permit if dusts and/or pollutants will be discharged into the atmosphere. 4. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with City Code. 5. All perimeter/boundary walls shall be designed and constructed so that the outer/exterior face of the wall is as close as possible to the lot line. In any case, the outer/exterior face of the wall shall be within two (2) inches of the lot line. Distances greater than two (2) inches may be approved prior to construction by the Building Official on a case -by -case basis for extenuating circumstances. 6. All signs shall be Underwriters Laboratories approved, or equal. 7. Permits are required prior to the removal and/or demolition of structures. 8. In addition to approval from Building and Safety, approval is required from the California Regional Water Quality Control Board, Colorado Region for the Private Sewage Disposal System. 9. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties. PRIOR TO ISSUANCE OF BUILDING/CONSTRUCTION PERMITS 10. If hazardous substances are used and/or stored, a technical opinion and report, identifying and developing methods of protection from the hazards presented by the hazardous materials, may be required. This report shall be prepared by a qualified person, firm, or corporation and submitted to Building & Safety. This report shall also explain the proposed facility's intended methods of operation Resolution No. 24950 Page 12 and list all of the proposed materials, their quantities, classifications, and the effects of any chemical (material) inter -mixing in the event of an accident or spill. FIRE DEPARTMENT CONDITIONS: 1. These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. 2. Fire Department Conditions were based on the 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "T" Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for fire sprinkler system plans, underground water improvement plans, & fire alarm plans must be submitted prior to a building permit being released. 3. Conditions of Approval — "Conditions of Approval" received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. 4. Plans and Permits (CFC 105.1): Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM — 6:00 PM, Monday — Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan Resolution No. 24950 Page 13 submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. 5. Access During Construction (CFC 503): Access for firefighting 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 24 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. 6. Required access (CFC 504.1): Exterior doors and openings required by this code, or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. 7. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or fire -fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official. 8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. 9. NFPA 13 Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance. 10. Fire Alarm System Required: An automatic or manual fire alarm system is required. Only a C-10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance. 11. Exit Analysis Required: An exit analysis will be required to be submitted by a licensed architect. Resolution No. 24950 Page 14 12. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering "NO PARKING FIRE LANE", or by approved signage, or by both red curb with lettering and signage. 13. Fire Department Access Roads/Driveways: Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. ENGINEERING SERVICES CONDITIONS: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 48-hour inspection notification is required. ENG 2. A completed Cannabis Cultivation — Waste discharge form, and all required supporting documents must be submitted for review and approved. A copy of the approved form shall be provided to the City Engineer prior to the issuance of permits. ENG 3. Applicant shall coordinate with Desert Water Agency (DWA) at the earliest stages of the proposed project to obtain a Will Serve letter and coordinate an inspection to determine the proper Backflow protection. A copy of DWA approval shall be provided to the City Engineer prior to the issuance of permits. 19T" AVENUE ENG 4. Remove the existing Type C curb ramp and replace with Type B curb ramp in accordance with City of Palm Springs Standard Drawing No. 200, 210 and 213. ENG 5. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. Resolution No. 24950 Page 15 ENG 6. All broken or off grade street improvements along the project frontage shall be repaired or replaced. NEWHALL STREET ENG 7. Construct two (2) 26 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located 150 feet and 600 feet south of the centerline of 19t" Avenue. ENG 8. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 9. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ENG 10. Relocate the existing streetlight, conduit, pull boxes and all appurtenances located on Newhall Street and the proposed northerly entrance of the project. The applicant shall coordinate with Southern California Edison for required permits and work orders necessary for relocation and electrical service to the streetlight. ENG 11. The exit only (applicable signs will be required to notify vehicular traffic) gated locations (2) on Newhall Street are subject to Fire Department Review and approval and maybe required to comply with the following: A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar StrobeswitchT"", or approved equal, and an approved Knox key electric switch when required by the fire code official. Secured non - automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of '/4 inch) when required by the fire code official. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail-safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two -gate system is used, the override switch must open both gates ON -SITE ENG 12. The minimum pavement section for all on -site pavement (drive aisles, parking spaces, etc.) shall be 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed Resolution No. 24950 Page 16 by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 13. On -site drive aisles or parking lot shall be constructed with curbs, gutters, and cross -gutters, as necessary to accept and convey street surface drainage of the on -site streets to the on -site drainage system, in accordance with applicable City standards. SANITARY SEWER ENG 14. Construct a private sanitary sewer system in accordance with City of Palm Springs Ordinance No. 1084. The record property owner shall enter into a covenant agreeing to extend the private sewer lines the necessary distance to connect to the public sewer system within one year of official notice that an operating public sewer has been completed within 500 feet of the lot. The covenant shall be executed and notarized by the property owner and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 15. The applicant is required to contact the Riverside County Health Department for requirements related to the construction of private septic systems. Private septic systems may require additional environmental requirements from Riverside County Health Department and/or the Regional Water Quality Control Board. A "Plan Check Clearance" for septic tank systems will be performed by Riverside County Health Department and/or Regional Water Quality Control Board, following permits for construction of the septic system will be issued by the City of Palm Springs. ENG 16. This project is subject to the requirements of the Mission Springs Water District (MSWD). Provisions for domestic water supply and public sanitary sewer service must be arranged for directly with MSWD. The applicant should contact MSWD (at 760-329-6448) and determine what requirements MSWD may have for provisions of domestic water and/or sanitary sewer service to the property. GRADING ENG 17. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. Resolution No. 24950 Page 17 The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project -specific Final Water Quality Management Plan. ENG 18. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 19. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 20. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on -site shall be permanently stabilized, in accordance with Palm Springs Resolution No. 24950 Page 18 Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 21. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 22. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4,2012, all SWPPPs shall include a post -construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project -specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post -Construction Management Plan. A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request. ENG 23. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 24. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan. ENG 25. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval. ENG 26. In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone(760)782- 3271,(562)505-6415),Sonia.Oran@cdfa.ca.gov. Resolution No. 24950 Page 19 WATER QUALITY MANAGEMENT PLAN ENG 27. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre - treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre -treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on -site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 28. A Final Project -Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 29. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County -Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project -Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project -Specific WQMP include: requiring the implementation of the Final Project -Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project -Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. ENG 30. For industrial facilities subject to the General Permit for Stormwater Discharges Associated with Industrial Activity as defined by the Standard Resolution No. 24950 Page 20 Industrial Classification (SIC) code, prior to issuance of certificate of occupancy (OR of "final" approval by City), the applicant shall demonstrate that General Permit coverage has been obtained by providing a copy of the Notice of Intent submitted to the SWRCB and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing. DRAINAGE ENG 31. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMPs). ENG 32. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on -site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On -site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on -site retention. ENG 33. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7287.76 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 34. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. ENG 35. All proposed utility lines shall be installed underground. Resolution No. 24950 Page 21 ENG 36. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 37. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2015 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 38. The original improvement plans prepared for the proposed developmen and approved by the City Engineer (if required) shall be documented with record drawing "as -built" information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 39. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 40. 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 in accordance with City of Palm Springs Standard Drawing No. 904. ENG 41. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP- LDMF). The LDMF shall be paid prior to issuance of Building Permit. ENG 42. The applicant shall be required to obtain an approval for a Waiver of a Parcel Map from the Planning Commission prior to approval of any plans or issuance of a building permit. The applicant shall coordinate with the Planning Department on application for Waiver of a Parcel Map. Following Planning Commission approval of a Waiver of a Parcel Map, if received, the applicant shall submit an application to the Engineering Services Department for a Certificate of Compliance, prepared by either a Registered Civil Engineer or a Licensed Land Surveyor. The Certificate of Compliance shall be approved prior to issuance of a building permit. Resolution No. 24950 Page 22 TRAFFIC ENG 43. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement if necessary and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontage of the subject property. ENG 44. The applicant shall coordinate with Southern California Edison for required permits and work orders necessary to provide electrical service to the streetlight. ENG 45. Construction signing, lighting and barricading shall be provided during all phases of construction 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 Part 6 "Temporary Traffic Control" of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. ENG 46. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. MSWD CONDITIONS: P-, Water Service Water service is currently available for the project subject to the following conditions of service: 1. The developer shall comply with all rules, laws, ordinances, guidelines, and regulations of the District at the time that any new water service application is submitted. 2. Water service for the subject parcels for all fire, domestic, and irrigation shall be from either the existing 12" main located on the south side of 19th Avenue or the 8" main located on the west side of Newhall Street. All design and construction for installation of services shall be done at the developer's expense. 3. The size of the existing 1 '/2" meter size shall be verified for adequate size for new use. 4. MSWD ordinance does not allow any services to cross parcel lines. The developer shall process parcel mergers and/or lot line adjustments with the City of Palm Springs and provide recorded copies to the District prior to any construction. Resolution No. 24950 Page 23 5. The installation of backflow prevention devices is required for all non-residential domestic, fire, and irrigation service connections. 6. Installation of private fire line services may be required per City of Palm Springs Fire Department Standards. Double check detector assemblies (DCDA) per MSWD Standards will be a requirement at the time of installation. 7. The developer must submit hydraulic calculations to the District indicating the availability of the required fire flows as determined by the City of Palm Springs Fire Department. These calculations shall be based on a current fire hydrant flow test which can be ordered through the MSWD Engineering Department. 8. The developer shall comply with all the District standards, specifications and conditions, and have final approval of all design plans by the District Engineer or his/her designee, and the District's General Manager. 9. The developer shall provide plumbing plans with fixture units for District review of meter and service size. 10. MSWD requires having all of its facilities within the public right-of-way or recorded and dedicated easements. 11. The developer is required to apply for water service and submit payment of District fees, charges, and deposits. The water meter and connection fees will be based on the actual meter sizes and quantities shown on the approved plans. All fees are subject to change based on the time of application for services from the District. Septic System Sewer service is currently unavailable for the property. The following conditions apply to the installation of septic system(s) in order to assure protection of groundwater quality: MSWD requires submittal of proposed plumbing plans showing all connections to the septic system(s) and the size and location of the proposed disposal system(s) for the project. 2. The developer/property owner shall provide a 1,500-gallon clear well to intercept all drainage form cannabis cultivation or processing areas. The clear well shall be pumped by an approved company and disposed to an approved location. Pump tickets shall be available for MSWD inspection upon request. 3. MSWD will require a Report of Waste Discharge for the project. The report shall be prepared by a qualified Licensed Professional Engineer in accordance with the requirements currently in use by the California State Water Resources Control Board (CSWRCB). The report shall be submitted to the Regional Water Quality Control Board and/or Riverside County Health Department as determined by CSWRCB to determine if enhanced treatment is required. Resolution No. 24950 Page 24 4. A Notice of Applicability (NOA) shall be filed with the CSWRCB confirming the above 3 conditions. A copy of the NOA shall be provided to MSWD. Landscape All new and rehabilitated residential and commercial development shall comply with the Mission Springs Water District's Water Efficient Landscaping Guidelines (updated guidelines are available at www.mswd.org). This policy requires outdoor water conservation practices within the MSWD service area, specifically: (1) the creation of landscape plans featuring the use of California native desert friendly plants; and (2) the preparation of irrigation plans detailing water efficient irrigation technology systems (e.g., drip irrigation, evapotranspiration irrigation controllers, etc.) appropriate to an arid desert climate. For additional details regarding plan check and inspection fees, please contact Engineering via email at engineering@mswd.org or (760) 329-6448 ext. 127. END OF CONDITIONS L11