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HomeMy WebLinkAbout24617RESOLUTION NO. 24617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A PRELIMINARY PLANNED DEVELOPMENT DISTRICT APPLICATION (5.1449 PDD 389); A TENTATIVE TRACT MAP (TTM 37602); A MAJOR ARCHITECTURAL APPLICATION (3.4105 MAJ); AND ADOPTION OF AN ADDENDUM TO A PREVIOUSLY APPROVED MITIGATED NEGATIVE DECLARATION FOR THE CONSTRUCTION OF A 95-UNIT, THREE (3) STORY CONDOMINIUM BUILDING AND A 4,990-SQUARE FOOT RETAIL STRUCTURE LOCATED AT 1122 EAST TAHQUITZ CANYON WAY, ZONE REO, SECTION 14, APN 508-070-028. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Koar Palm Springs, LLC ("Applicant") filed an application with the City pursuant to Sections 94.03.00 (E) of the Palm Springs Zoning Code for the establishment and development of Planned Development District 389 for parcels with APN: 508-070-028 and 508-070-040. B. The Applicant filed an application with the City pursuant to Title 9 of the Palm Springs Municipal Code, for Tentative Tract Map 37602, seeking approval to subdivide the 8.75-acre project site into four (4) lots, one of which being proposed for condominium purposes; two (2) lots for retail development/dog park; and the remaining one (1) lot for future development. C. On February 4, 2019 the Architectural Advisory Committee reviewed the project and recommended approval to the Planning Commission. D. On March 27, 2019 the Planning Commission adopted Resolution # 6745 recommending to the City Council the adoption of a Mitigated Negative Declaration; a Planned Development District; and approving a Major Architectural Application for the Living Out project. E. On April 23, 2019 the Tribal Council for the Agua Caliente Band of Cahuilla Indians reviewed the project and voted to recommend approval to the City Council with conditions. F. The proposed project associated with the above applications ("Project") is considered a "project" pursuant to the terms of the California Environmental Quality Act, Public Resources Code Section 21000 et. seq. ("CEQA") G. Pursuant to the CEQA Guidelines, 14 California Code of Regulations Section 15000 et. seq., an initial study was prepared. The initial study concluded that all of the project's potentially significant impacts will be less than significant with the Resolution No. 24617 Page 2 incorporation of mitigation. On this basis, a Mitigated Negative Declaration was prepared and circulated for a 20-day public review and comment period from April 1, 2019 to April 20, 2019, in accordance with Section 15073 of the CEQA Guidelines; and H. Notice of public hearing of the Planning Commission of the City of Palm Springs to consider the Project, including Case Nos. 5.449 PD-389, 3.4105 MAJ, TTM 37602, was given in accordance with applicable law for the regular meeting of May 22, 2019; and I. On May 22, 2019, a public hearing on the application for the project was held by the City Council in accordance with applicable law J. The City Council has carefully reviewed and considered all the evidence presented in connection with the meetings on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. CEQA: The City Council independently reviewed and considered the information contained in the Addendum to the original Mitigated Negative Declaration (MND) and subsequent environmental analysis. In addition, the City Council determines that he scope of the impacts as identified in the original MND have not changed the City's independent judgment and analysis. The City Council finds, based on the whole record before it, including the Initial Study and comments received, that with the incorporation of mitigation measures, the project will not have a significant effect on the environment. Therefore, the City Council adopts a Mitigated Negative Declaration as a complete and adequate evaluation of the project pursuant to CEQA. SECTION 2. Planned Development District. Pursuant to Section 94.03.00(E) "Planned Development Districts" of the Zoning Code, a Planned Development District may be established in accordance with the procedures required by Section 94.07.00 of the Zoning Code. A PD may be approved if both findings for the PD are made by the City Council. An analysis of all required findings for a PD is provided below: a. The proposed planned development is consistent and in conformity with the general plan and report. The proposed planned development is consistent with the goals and objectives of the General Plan and the Section 14 Specific Plan Area. The project will develop a vacant parcel that has been undeveloped for decades. The quality of the proposed residential development within the area along Tahquitz Canyon Way will provide adult living housing and spur activities and bring life to the immediate surrounding area. Resolution No. 24617 Page 3 b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is relatively flat and can accommodate building pads, internal street, and drainage. Adequate access is proposed from Hermosa Drive and East Tahquitz Canyon Way. The size of the parcel is approximately 8.75 acres; and will be similar to other existing large-scale developments along the street and location will accommodate the proposed planned residential development. Street dedication along with the widening of Hermosa Drive will be required. Sidewalks will be installed and streetscape improvements along Tahquitz Canyon Way will met the requirements of the Section 14 Specific Plan. C. The proposed establishment of the planned development district is necessary and proper and is not likely to be detrimental to adjacent property or residents. The proposed establishment of the planned development district is necessary to allow pet services and multi -family residential as a permitted use within the REO zone in the Section 14 Specific Plan. The proposed district will not be detrimental to adjacent properties or residents but will enhance the proposed residential development and deliver a service to the general public seeking pet services such as grooming and boarding. In addition, the development will provide housing for an underserved senior population that is lacking within the City. The introduction of new housing stock to the immediate neighborhood may increase property values of nearby condominium units. Furthermore, the proposal is not seeking waivers for setback reductions or an increase in building height. The request to allow pet services will not be detrimental to the existing land uses in the immediate vicinity. SECTION 3. Public Benefit. In accordance with the City Council Policy on Planned Development, the identified public benefits include the following: 1. The project as a Public Benefit — The project fulfills key General Plan objectives for community beautification and improved circulation by finishing the half street of Hermosa Drive. 2. Improve and landscape along the Tahquitz Canyon Way frontage in accordance with the Section 14 Streetscape Guidelines. 3. Providing a new public plaza with shade trees, seating for the general public, a drinking fountain and signage stating that the area is for public use. 4. Providing a new bus shelter to be used by the general public. SECTION 4. Tentative Tract Map: Findings are required for the proposed subdivision pursuant to Section 66474 of the Subdivision Map Act. These findings and a discussion of the project as it relates to these findings follow: Resolution No. 24617 Page 4 a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The General Plan designation of the project site is Resort -Entertainment -Office (REO) and is within the Section 14 Specific Plan Area. Multi -family residential development in this designation is permitted with the approval of a Planned Development District in lieu of a Conditional Use Permit. As proposed, the gross density is consistent with the General Plan. The proposed project will comply with the General Plan, and the Section 14 Specific Plan covering the site. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The project site is suitable for the development of a multi -family condominium complex. The proposed lot sizes and dimensions are evaluated against the R-4 zoning district. The flat lots can accommodate the proposed building pads, internal driveways, off-street parking, site amenities, drainage, and all utilities. Adequate access is proposed from Hermosa Drive and East Tahquitz Canyon Way. The proposed project is in keeping with the requirements of the Section 14 Specific Plan and the Palm Springs Zoning Code. The site will provide a desirable environment for its occupants. c. The site is physically suited for this type of development. The flat site will be developed in a similar way as to other large-scale projects in the immediate area. The property is approximately 8.75-acres acres in size, given the proposed density, project design, size and scope of the development, the site is physically suited for a 95-unit condominium complex, and a 4,990-square foot retail building. d. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. There are no known fish, wildlife habitats or other endangered species on the subject site. A biological assessment prepared for the site did not find any habitats on the site. An Addendum to a previously approved Mitigated Negative Declaration (MND) was prepared which does not identify an increase in potential environmental impacts than those originally identified which can be mitigated to a level less than significant. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. Storm drainage, sanitary sewer, water, streets and all utilities are readily available to the site and all have capacity to accommodate the project. The subdivision has been designed so that the condominium map will have necessary infrastructure to adequately serve the development and all proposed uses. Furthermore, as with all development in the City, this project will be required to meet City of Palm Resolution No. 24617 Page 5 Springs development standards, therefore the project will not cause public health problems to the area or the City as a whole. f. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. Public utilities for electricity, water, sewer, telecommunications, and gas service are all adjacent to the site and available. These utilities are located within the street rights -of -way for Hermosa Drive and East Tahquitz Canyon Way. SECTION 5. Architectural Review: Pursuant to Section 94.04.00(D) of the Palm Springs Zoning Code, the City Council finds: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking areas; The proposed site consists of two vacant flat lots to be subdivided into four (4) lots with one larger lot of 8.75-acres for a residential three-story condominium building; and three smaller lots with one lot containing a 4,990-square foot retail building. Primary access into the residential portion of the site is from Hermosa Drive which leads to a cul-de-sac motor court for drop-off and pick-up. The residential units are also accessed from a secondary driveway off East Tahquitz Canyon Way and the entry for the retail building parking area will be from Hermosa Drive which is opposite the existing entry for the Marriott Hotel located across the street. Hermosa Drive will be improved with the half widening of the road, construction of curbs, gutters, and sidewalks. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted, The proposed retail building will be setback thirty (30) feet from the front property line fronting East Tahquitz Canyon Way meeting the requirements of the Section 14 Specific Plan. Other building setbacks for the residential building will be twenty (20') feet on all sides. The large-scale project is similar in size and mass to existing businesses in the immediate area which includes, a Marriott Hotel, the Renaissance Hotel, the Palm Springs Convention Center and office buildings located across the street. The condominium community of Palm Regency is located behind and across Hermosa Drive. The development will be compatible with the surrounding land uses and structures and the finding has been met. 3. Maximum height, area, setbacks and overall mass, as well as parts of any Resolution No. 24617 Page 6 structure (buildings, walls, screens towers or signs) and effective concealment of all mechanical equipment; The proposed residential development will be three -stories with a maximum height of up to thirty-five (35') feet to the top of the building roof with other elements such as mechanical screening and elevator shafts extending higher. The building setbacks are consistent and conform to the R-4 zone development standards. The retail building will have a maximum height of fourteen (14') feet with other elements taller to screen rooftop equipment. The adjacent property immediately to the east is a three-story Marriott hotel and across Tahquitz Canyon Way there is a three- story office building. The Living Out project as proposed is appropriately scaled and provides adult living condominium units which generally conforms to the Section 14 Specific Plan by meeting the design guidelines and the finding has been met. 4. Building design, materials and colors to be sympathetic with desert surroundings; AND 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, AND 6. Consistency of composition and treatment, The residential building exterior for the first floor will include elements such as smooth stucco, Cor-Ten steel "fins", and Ashlar stone. The second floor will be a vertical continuation of the Ashlar stone and stucco and Cor-Ten steel "fins" and balcony railings to be bronze colored glass. The third -floor walls will be stucco, with the introduction of Cor-Ten steel screen walls in a unique herringbone pattern. The elevator towers on each end of the three wings will be covered with Ashlar stone. The front building facade at the junction of the three wings will consist of a bronze glass curtain wall ascending all three floors providing light into the common areas within the building. An auto court entry canopy will extend from the building and be supported by several Cor-Ten steel screens used on the upper portion of the building. The retail building will have exteriors similar to the residential building to include smooth stucco walls in a cream color; a window glazing system with bronze colored metal trim; and Cor-Ten steel standing seam paneling as accents. Greater articulation has been added to the building by way of reducing the height and adding common elements proposed on the residential structure. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; Resolution No. 24617 Page 7 The landscape plan as presented shows a front entry way from Hermosa Drive to be lined with Date Palms and other trees to include Guava, Fig, and Olive trees. The retail parking area will be shaded by Palo Verde, and other trees throughout the site to include Desert Willow, Aleppo Pine or Ironwood trees. Palm trees on site include Date, California, Mexican Fan, and Bismarck. Proposed shrubs include multiple types of Agave, Yucca, Bougainvillea, Aloe Vera, Lantana, and cactus. The preliminary plan does not identify inert material for ground cover. In addition, the plan does not show the placement of required street trees or customized streetlights required along East Tahquitz Canyon Way per the Section 14 Specific Plan THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: That based upon the foregoing, the City Council hereby adopts an Addendum to the Mitigated Negative Declaration and approves Case Nos. 5.1449 PD-389, 3.4105 MAJ and TTM 37602; for the construction of a 95-unit condominium building and a 4,990- square foot retail structure subject to conditions of approval attached herein as Exhibit A. ADOPTED THIS 5T" DAY OF JUNE, 2019. David H. Ready, Esq. ATTEST: City Manager Anthony J. e'ia City Clerk Resolution No. 24617 Page 8 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, ANTHONY MEJIA, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24617 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 5t" day of June, 2019, by the following vote: AYES: Councilmembers Holstege, Middleton, Roberts, Mayor Pro Tem Kors, and Mayor Moon 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 day of l 20 t--% hony J. City Clerk Resolution No. 24617 Page 9 EXHIBIT A Preliminary Planned Development District 5.1449 PD 389 Major Architectural Case 3.4105 MAJ Tentative Tract Map 37602 Koar Palm Springs LLC — Living Out 1122 East Tahquitz Canyon Way June 5, 2019 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the 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 5.1449 PD 389, 3.4105 MAJ, and TTM 37602; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped March 14, 2019, 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. Tentative Map. This approval is for Tentative Tract Map 37602 located at 1122 East Tahquitz Canyon Way. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. ADM 6. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or Resolution No. 24617 Page 10 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 5.1449 PD 389, 3.4105 MAJ, and TTM 37602. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 7. 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 8. Time Limit on Approval. Approval of the (Planned Development District (PDD) Tentative Tract Map (TTM) and Major Architectural Applications (MAJ) 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 9.63.110. Such extension shall be required in writing and received prior to the expiration of the approval (Tentative Tract Map). ADM 9. 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 10. Public Art Fees. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in -lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects Resolution No. 24617 Page 11 or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. ADM 11. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in -lieu fee shall be computed pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community -wide system and shown on the City's master plan). ADM 12. Tribal Fees Required. As the property is Indian reservation land, fees as required by the Agua Caliente Band of Cahuilla Indians Tribal Council, including any applicable habitat conservation plan fees shall be paid prior to consideration of this project by the Planning Commission. ADM 13. 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 14. CC&R's 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 for approval in a format to be approved by the City Attorney. These CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. ADM 15. CC&R's Prior to recordation of a final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded. Resolution No. 24617 Page 12 c. Provisions for joint access to the proposed parcels, and any open space restrictions. d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developer's successor -in -interest. Approved CC&R's are to be recorded following approval of the final map. The CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances, ADM 16. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500, for the review of the CC&R's by the City Attorney. A $675 filing fee shall also be paid to the City Planning Department for administrative review purposes. ADM 17. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur near the Convention Center and the Spa Casino. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. Mitigation Monitoring. The mitigation measures of the environmental assessment performed as part of the City approval on September 17, 2008 shall apply. An Addendum to the previously approved Initial Study and Mitigated Negative Declaration found that to maintain consistency, the Modified Project must implement the following mitigation measures: Biological: Mitigation Measure: Not more than 30-days before land disturbance or issuance of a grading permit by the City, the applicant/project proponent shall have a biological survey conducted at the project site to determine presence /absence of the species. If no burrowing owls are found during the clearance survey, the applicant shall present evidence to the City before issuance of a grading permit. Resolution No. 24617 Page 13 Results of the survey may determine whether focused surveys must be conducted. If the site survey determines the presence of burrowing owl, mitigation in accordance with the CDFW shall be implemented as follows: If burrowing owls are identified as being resident on -site outside the breeding season (February 1 through August 31) they may be relocated to other sites by a permitted biologist (permitted by CDFW), as allowed in the CDFW Staff Report of Burrowing Owl Mitigation (March 2012). If any active burrow is found during the breeding season, the burrow shall be treated as a nest site and temporary fencing shall be installed at a distance from the active burrow, to be determined by the biologist, to prevent disturbance during grading or construction. Installation and removal of the fencing shall be done with biological monitor present. 2. A qualified biological monitor with the authority to halt or redirect grading shall be present during all earth moving activities and when construction vehicles are present and operating on the proposed site. Cultural: 3. As there is always a possibility of buried cultural and paleontological resources in a project area, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing, and grubbing, excavation, burial of utilities, planting of rooted plants, etc. The Agua Caliente Band of Cahuilla Indian Cultural Office shall be contacted for additional information on the use and availability of Cultural Resources Monitoring. Should buried cultural deposits be encouraged, the Monitor shall contact the Director of Planning Services. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a qualified archaeologist to investigate the find. If necessary, the qualified archaeologist shall repair a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. Human remains discovered shall be handled consistent with state law provisions. Noise: 4. Construction activities on -site shall occur only between 7:00 AM and 7:00 PM, Monday -Friday, and 8:00 AM and 5:00 PM on Saturdays, and shall be prohibited on Sundays, as specified by the Palm Springs Municipal Code. 5. All construction equipment fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. 6. Stationary equipment shall be placed that emitted noise is directed away from Hermosa Drive. Resolution No. 24617 Page 14 7. Stockpiling and vehicle staging areas shall be located as far as practical from Hermosa Drive. 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 (either Planning Commission or City Council determination). 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.dfg.ca.gov for more information. ENV 4. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. ENV 5. Cultural Resource Site Monitoring. There is a possibility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground -disturbing activities. (check for duplication in engineering conditions) a). A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. PLANNING DEPARTMENT CONDITIONS PLN 1. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Resolution No. 24617 Page 15 Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 2. Submittal of Final PDD. The Final Planned Development plans shall be submitted in accordance with Section 94.03.00 (Planned Development District) 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 and Planning Department. Final Planned Development District applications must be submitted within two (2) years of the City Council approval of the preliminary planned development district. PLN 3. Palm Tree Requirement. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant Washingtonia Fillifera (California Fan) palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Palm Canyon Drive and/or Tahquitz Canyon Way median (for projects on Palm Canyon or Tahquitz Canyon Way). PLN 4. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and commercial/retail patrons and owners. Location and design shall be approved by the Director of Planning. PLN 5. Transportation Demand Requirement. The project shall comply with the City of Palm Springs Transportation Demand Management (TDM) Ordinance which establishes transportation demand management requirements for the City of Palm Springs. Refer to Chapter 8.4 of the Municipal Code for specific requirements (projects with 100 or more employees) PLN 6. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Department which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title. b. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded. Resolution No. 24617 Page 16 c. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels and open space restrictions. The approved documents shall contain a provision which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor -in -interest. PLN 7. Pad Elevations. Final building pad elevations shall not vary more than 12 inches above or below the pad elevation established by the approved preliminary grading plan and / or tentative map. Any deviations from this provision shall require approval by the Planning Commission. PLN 8. Solar Photovoltaic System Requirement. The project is required to provide rooftop solar photovoltaic systems with a production capacity of two (2) watts per square foot of enclosed space. (See City Council Policy adopted January 3, 2018) (Staff: for certain single family & multi -family residential construction — carefully review solar policy for exemptions & applicability). PLN 9. 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. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits. PLN 10. Public Benefit: The project is subject to providing a "Public Benefit" to be proportionally off -set the additional impacts created by the waiver of the Planned Development District request. Public plaza shall be provided at the corner of East Tahquitz Canyon Way and Hermosa Drive to provide shade via trees or other means, seating for general public, a drinking fountain and signage stating that the area is for public use. Planning Commission imposed conditions: PLN 11. Construct bus shelter along East Tahquitz Canyon Way with design of structure to be similar to commercial building. AGUA CALIENTE BAND OF CAHUILLA INDIANS ACBCI 1. The proposed dog park shall only be used by the residents of the Project and pet boarding service patrons and shall not be open to the general public. ACBCI 2. All Washingtonia Robusta/Mexican Fan Palms shown on the landscape plan shall be removed and/or replaced with Washingtonia Filifera/California Fan Palms. ACBCI 3. Prior to issuance of any grading permit, the Applicant shall pay the Valley Floor Planning Area (VFPA) fee to the Tribe as required by the Tribal Habitat Conservation Plan (THCP). Resolution No. 24617 Page 17 ACBCI 4. Prior to any ground or habitat disturbance, focused surveys for burrowing owl shall be conducted by a qualified biologist and in accordance with California Department of Fish and Wildlife (CDFW) guidelines. If the focused surveys are positive, the following measures shall be implemented in accordance with Section 4.8.4.2(g) of the THCP: a. Relocation, if applicable, shall be conducted in accordance with the SCDFW Staff Report on Burrowing Owl Mitigation (2012), or other then - current protocols as directed by the Tribe. b. Owls should be excluded from burrows within the approve Project Site and within a appropriate buffer zone installing one-way doors in burros entrances or other technique as deemed appropriate. The biological monitor must ensure through appropriate means (e.g., monitoring for owl use, excavating burrows) that the burrows to be impacted are not being used. The Tribe shall determine whether creation of artificial burrows is necessary as part of the relocation effort. If relocation of methods are implemented, a relocation plan shall be developed that will outline the methods, destination, and monitoring of the owls. The destination of these species will be selected in order to provide long-term conservation potential. c. Occupied burrows shall not be disturbed during the nesting season unless a qualified biologist verifies through non-invasive methods that either: (a) the birds have not begun egg laying and incubation; or (b) that juveniles from the occupied burrows are foraging independently and capable of independent survival. ACBCI 5. A cultural resources inventory shall be conducted of the Project site by a qualified archaeologist prior to any ground disturbing activities. ACBCI 6. The presence of an approved Native American Cultural Resource Monitor(s) shall be present during any ground disturbing activities (including archaeological testing and surveys). Please contact the Tribal Historic Preservation Office at 760-699-6800 for details. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior's Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS Resolution No. 24617 Page 18 BLD 1. Prior to any construction on -site, all appropriate permits must be secured. FIRE DEPARTMENT CONDITIONS FID 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. Initial fire department conditions have been determined on the plans received August 13, 2018. Additional requirements may be required at that time based on revisions to plans. FID 2. Fire Department Conditions were based on the 2016 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "O" Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. No deferred submittals accepted. FID 3. PLANS AND PERMITS (CFC 105.1) Permits and scaled drawings are required for this protect. 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. Inspection fees are charged at the fully burdened hourly rate of the fire inspector. 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 indicate all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the Resolution No. 24617 Page 19 appropriate codes and standards. Plans and supportive data (calculations and manufacturer's technical data sheets) shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 4. 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. FID 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. FID 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. FID 7. Fire Apparatus Access Roads (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Fire Apparatus Access Road (CFC 202 Definitions) — A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane and access roadway. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an unobstructed width of not less than 24 feet except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. Project Note: Entry road not in compliance Project Note: Demonstrate compliance with the above 150' rule Resolution No. 24617 Page 20 FID 8. Turning radius (CFC 503.2.4): Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. Radius must be concentric. Project Note: Demonstrate compliance with turning radius requirements FID 9. Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be prohibited unless approved by the fire code official. FID 10. 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 life-saving 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. • 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. FID 11. Required Water Supply (CFC 507.1): An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. FID 12. Water Plan (CFC 501.3 & 901.2): A water plan for on -site and off -site is required and shall include underground private fire main for fire sprinkler riser(s), public fire hydrant(s), public water mains, Double Check Detector Assembly, Fire Department Connection and associated valves. FID 13. Location of Fire Department Connections: The connection inlets must face the street, and be located on the street side of the building. The face of the inlets shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. Resolution No. 24617 Page 21 The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). A sign with this information shall be placed on or near the FDC. The sign shall be constructed of metal. The sign face, lettering, and attachment shall be made of weather and vandal resistant materials. Sign background will be bright red. Letters will be bright white. Sign format will be substantially as follows: FDC SERVES FID 14. Fire Hydrant & FDC Location (CFC 912.2): A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. FID 15. Location Fire of Class I standpipe hose connections (CFC 905.4): Class I standpipe hose connections shall be provided in all of the following locations: 1. In every required stairway, a hose connection shall be provided for each floor level above or below grade. Hose connections shall be located at an intermediate floor level landing between floors, unless otherwise approved by the fire code official. See Section 909.20.3.2 for additional provisions in smoke - proof enclosures. 2. On each side of the wall adjacent to the exit opening of a horizontal exit. Exception: Where floor areas adjacent to a horizontal exit are reachable from exit stairway hose connections by a nozzle attached to 100 feet of hose, as measured along the path of travel, a hose connection shall not be required at the horizontal exit. 3. In every exit passageway, at the entrance from the exit passageway to other areas of a building. Exception: Where floor areas adjacent to an exit passageway are reachable from exit stairway hose connections by a 30-foot hose stream from a nozzle attached to 100 feet of hose, a hose connection shall not be required at the entrance from the exit passageway to other areas of the building. 4. N/A 5. Where the roof has a slope less than four units vertical in 12 units horizontal (33.3-percent slope), a hose connection shall be located to serve the roof or at the highest landing of a stairway with stair access to the roof provided in accordance with Section 1009.16. Resolution No. 24617 Page 22 6. Where the most remote portion of a non-sprinklered floor or story is more than 150 feet from a hose connection or the most remote portion of a sprinklered floor or story is more than 150 feetfrom a hose connection, the fire code official is authorized to require that additional hose connections be provided in approved locations. The distances from a hose connection shall be measured along the path of travel. FID 16. 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, 2013 Edition, as modified by local ordinance. FID 17 NFPA 13R 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 13R, 2013 Edition, as modified by local ordinance. FID 18. Fire Sprinkler Supervision and Alarms System (CFC 903.4/4.1): All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and water -flow switches on all fire sprinkler systems shall be electrically supervised by a listed Fire Alarm Control Unit (FACU). The listed FACU alarm, supervisory and trouble signals shall be distinctly different and shall be monitored at a UL listed central station service. The fire sprinkler supervision and alarms system shall comply with the requirements of NFPA 72, 2013 Edition. All control valves shall be locked in the open position. FID 19. Fire Alarm System: Fire alarm system is required and installation shall comply with the requirements of NFPA 72, 2013 Edition. FID 20. Central Station Protective Signaling Service (CFC 903.4.1): A UL listed and certified Protective Signaling Service (Central Station Service) is required. Provide the Fire Department with proof of listing and current certificate. The Fire Department shall be notified immediately of change in service. FID 21 HVAC Duct Smoke Detection/Shut Down with a Fire Sprinkler Supervision & Alarm System or Fire Alarm System (CFC 907.4.1, CMC 609.0 & NFPA 72): All HVAC systems supplying greater than 2,000 CFM shall require a duct detector and HVAC shut down when smoke is detected. HVAC shut down shall be on an individual basis, not global. These systems shall supervise the Duct Detectors and activate the notification appliances. An accessory module shall be installed for each unit, including alarm LED, pilot LED and key -operated test/reset switch. FID 22. Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal Resolution No. 24617 Page 23 hazards. Show proposed extinguisher locations on the plans. Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. Portable Fire Extinguishers for Food Processing Equipment (CFC 906.1 & 4): In addition to the fixed system, a fire extinguisher listed and labeled for Class K fires shall be installed within 30 feet of commercial food heat processing equipment, as measured along an unobstructed path of travel. The preferred location is near the exit from the cooking equipment area. FID 23. Identification (CFC 509.1): Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, roof access, electrical rooms, or other fire detection, suppression or control elements shall be identified for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location, shall be constructed of durable materials, permanently installed and readily visible. FID 24 Fire Department Connections (CFC 912.2.1 & 912.3): Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. FID 25. Fire Control Valves (CFC 903.3.8 & Ordinance 1781: Item 42): Floor control valves and water flow detection assemblies shall be installed at each floor in buildings three or more stories in height. Valve locations will be determined and approved by the fire code official. FID 26. Groups R-1 and R-2.1 Accessibility Requirements (CFC 907.6.2.3.3): Group R-1 and R-2.1 dwelling units or sleeping units in accordance with Table 907.6.2.3.3 shall be provided with a visible alarm notification appliance, activated by both the in room smoke alarm and the building fire alarm system. Also comply with Section 1111 B.4.5, Table 11 B-3, and Table 11 B-4 of the California Building Code. FID 27 Fire Apparatus Access Roads (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. o Fire Apparatus Access Road (CFC 202 Definitions) — A road that provides fire apparatus access from a fire station to a facility, building or portion Resolution No. 24617 Page 24 thereof. This is a general term inclusive of all other terms such as fire lane, public street, private street, parking lot lane and access roadway. o Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an unobstructed width of not less than 24 feet except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. Project Note: Entry road not in compliance Project Note: Demonstrate compliance with the above 150' rule FID 28 Aerial Fire Access Roads (CFC Appendix D105.1): Buildings or portions of buildings or facilities exceeding 30 feet in height above the lowest level of fire department vehicle access shall be provided with approved fire apparatus access roads capable of accommodating fire department aerial apparatus. Overhead utility and power lines shall not be located within the aerial fire apparatus access roadway. o Aerial Fire Access Road Width (CFC Appendix D105.2): Fire apparatus access roads shall have a minimum unobstructed width of 26 feet, exclusive of shoulders, in the immediate vicinity of any building or portion of building more than 30 feet in height. o Aerial Access Proximity to Building (CFC Appendix D105.3): At least one of the required access routes for buildings or facility exceeding 30 feet in height above the lowest level of fire department vehicle access shall be located within a minimum of 15 feet and a maximum of 30 feet from the building and shall be positioned parallel to one entire side of the building. FID 29 Operational Fire Hydrant(s) (CFC 507.1, 507.5 & Table C105.1): An approved water supply capable of supplying the required fire flow for fire protection shall be provided. o Maximum distance from any point on street frontage to a public hydrant — 250 feet o Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction and shall be serviceable prior to and during construction FID 30 Fire Department Connections (CFC 912.2.1 & 912.3): Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. Resolution No. 24617 Page 25 FID 31 Smoke Alarm or Detector Locations - R-1 Occupancy (CFC 907.2.11.1): Single or multiple -station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. FID 32 Fire Extinguisher Requirements (CFC 906): Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. Portable Fire Extinguishers for Food Processing Equipment (CFC 906.1 & 4): In addition to the fixed system, a fire extinguisher listed and labeled for Class K fires shall be installed within 30 feet of commercial food heat processing equipment, as measured along an unobstructed path of travel. The preferred location is near the exit from the cooking equipment area. FID 33 Emergency responder radio coverage in new buildings (CFC 510.1): All new buildings shall have approved radio coverage for emergency responders within the building based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems. FID 34 Elevator Stretcher Requirement (CBC 3002.4): Elevators shall be designed to accommodate medical emergency service. The elevator(s) so designed shall accommodate the loading and transport of an ambulance gurney or stretcher 24 inches by 84 inches in the horizontal position. The elevator entrance shall have a clear opening of not less than 42 inches wide or less than 78 inches high. The elevator car shall be provided with a minimum clear distance between walls or between walls and door excluding return panels not less than 80 inches by 54 inches, and a minimum distance from wall to return panel not less than 51 inches with a 42 inch side slide door. FID 35 Elevator Emergency Operation (CFC 607.1): Existing elevators with a travel distance of 25 feet or more shall comply with the requirements in Chapter 46. New elevators shall be provided with Phase I emergency recall operation and Phase 11 emergency in -car operation in accordance with California Code of Resolution No. 24617 Page 26 Regulations, Title 8, Division 1, Chapter 4, Subchapter 6, Elevator Safety Orders and NFPA 72. o Elevator Keys (CFC 607.4): Keys for the elevator car doors and fire-fighter service keys shall be kept in an approved location for immediate use by the fire department. o Elevator System Shunt Trip (CFC 607.5): Where elevator hoistways or elevator machine rooms containing elevator control equipment are protected with automatic sprinklers, a means installed in accordance with NFPA 72, Section 21.4, Elevator Shutdown, shall be provided to disconnect automatically the main line power supply to the affected elevator prior to the application of water. This means shall not be self -resetting. The activation of sprinklers outside the hoistway or machine room shall not disconnect the main line power supply. o Fire Sprinklers at Bottom of Elevator Pit (NFPA 13: 8.15.5.1): Sidewall spray sprinklers shall be installed at the bottom of each elevator hoistway not more than 2 ft. above the floor of the pit. o Elevator Hoistways and Machine Rooms (NFPA 13: 8.15.5.3): Automatic fire sprinklers shall be required in elevator machine rooms, elevator machinery spaces, control spaces, or hoistways of traction elevators. o Fire Sprinklers at the Top of Elevator Hoistways (NFPA 13: 8.15.5.6): The sprinkler required at the top of the elevator hoistway by 8.15.5.5 shall not be required where the hoistway for passenger elevators is noncombustible or limited -combustible and the car enclosure materials meet the requirements of ASME A17.1, Safety Code for Elevators and Escalators. o Elevator Recall for Fire Fighters' Service with Automatic Fire Detection (NFPA 72: 21.3.3): Unless otherwise required by the authority having jurisdiction, only the elevator lobby, elevator hoistway, and elevator machine room smoke detectors, or other automatic fire detection as permitted by 21.3.9, shall be used to recall elevators for fire fighters' service. o Exception: A water -flow switch shall be permitted to initiate elevator recall upon activation of a sprinkler installed at the bottom of the elevator hoistway (the elevator pit), provided the water -flow switch and pit sprinkler are installed on a separately valved sprinkler line dedicated solely for protecting the elevator pit, and the water -flow switch is provided without time -delay capability. o Elevator Recall with Fire Sprinkler in Elevator Pit (NFPA 72: 21.3.7): When sprinklers are installed in elevator pits, automatic fire detection shall be installed to initiate elevator recall in accordance with 2.27.3.2.1(c) of Resolution No. 24617 Page 27 ANSI/ASME A.17.1/CSA B44, Safety Code for Elevators and Escalators, and the following shall apply: o (1) Where sprinklers are located above the lowest level of recall, the fire detection device shall be located at the top of the hoistway. o (2) Where sprinklers are located in the bottom of the hoistway (the pit), fire detection device(s) shall be installed in the pit in accordance with Chapter 17. o (3) Outputs to the elevator controller(s) shall comply with 21.3.14. o Elevator Systems Automatic Detection (NFPA 72: 21.3.9): If ambient conditions prohibit installation of automatic smoke detection, other automatic fire detection shall be permitted. o Detector Annunciation at the Building Fire Alarm Control Unit (NFPA 72: 21.3.10): When actuated, any detector that has initiated fire fighters' recall shall also be annunciated at the building fire alarm control unit, or other fire alarm control unit as described in 21.3.2, and at required remote annunciators. FID 36 "Exit Analysis Plans" required (CFC 104.7.2): Prepared, stamped and signed by a state licensed architect in '/4" = 1' scale. The floor plans shall address the following for all assembly occupancies including swimming pool enclosures: o Provide net occupant load calculations for interior (restaurant & bar) and outdoor patios. The occupant load determination shall be made by the Fire Marshal o Seating/table diagram with compliant aisle widths o Minimum required egress width to accommodate occupant load o Exit access travel distance o Egress paths to public way o Means of egress illumination locations o Illuminated EXIT sign locations o Compliant exit doors/gates and door/gate hardware (panic hardware) o Note any elevation changes in the exit discharge o Locations of fire extinguishers (minimum rating 2A-10BC). FID 37 Interior Finish, Decorative Materials and Furnishings (CFC 801.1): Scope. The provisions of this chapter shall govern interior finish, interior trim, furniture, furnishings, decorative materials and decorative vegetation in buildings. Existing buildings shall comply with Sections 803 through 808. New buildings shall comply with Sections 804 through 808, and Section 803 of the California Building Code. o Report submittal to be prepared by a registered design professional acceptable to the fire code official Resolution No. 24617 Page 28 FI D 38 Hazardous Materials (CFC 5004.1): Storage of hazardous materials in amounts exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001, 5003 and 5004. Storage of hazardous materials in amounts not exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001 and 5003. Retail and wholesale storage and display of nonflammable solid and nonflammable and noncombustible liquid hazardous materials in Group M occupancies and Group S storage shall be in accordance with Section 5003.11. o Pool Chemicals — dedicated, compliant storage cabinets, rooms, or areas required o Liquid Petroleum Gas (LPG) — dedicated, compliant storage cabinets, rooms, or areas required FID 39 Smoke Alarm or Detector Locations - R-1 Occupancy (CFC 907.2.11.1): Single or multiple -station smoke alarms shall be installed in all of the following locations in Group R-1: 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. ENGINEERING DEPARTMENT CONDITIONS The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. ENG 3. Master planned roadways (Tahquitz Canyon Way and Hermosa Drive) shall be improved to the Final Section 14 Master Development Resolution No. 24617 Page 29 Plan/Specific Plan design standards on and adjacent to the site, as generally identified herein, or to alternative design standards proposed by the applicant and approved by the City, provided that the intent of the Section 14 Specific Plan guideline is maintained. TAHQUITZ CANYON WAY ENG 4. Dedicate easements, as necessary for sidewalk improvements along the entire frontage. ENG 5. Construct a 12 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210 ENG 6. Remove the existing street improvements as necessary to construct a 24 feet wide driveway approach for the Main Entry, in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 155 feet east of the west property line of the site. This driveway shall be restricted to right - turn ingress and right -turn egress only. ENG 7. In accordance with the Final Section 14 Master Development Plan/Specific Plan, the applicant shall plant Washingtonia filifera palm trees along the Tahquitz Canyon Way frontage, at 60 feet spacing and shade trees between each new palm tree as approved by the City Engineer. The palm trees shall be uplighted, consistent with existing palm tree lighting along the Tahquitz Canyon Way corridor. The applicant shall be responsible for the perpetual maintenance of the new palm trees and other parkway landscaping along the Tahquitz Canyon Way frontage. ENG 8. Design and install an electrical system for installation of Tahquitz Canyon Way decorative light fixtures (12 feet to 15 feet tall) consistent with the existing decorative lighting system along Tahquitz Canyon Way, including banner supports and overhead pedestrian -level lighting on the sidewalk. The applicant shall furnish and install the decorative light fixtures, luminaries and supporting electrical system. The electrical system shall be operated by a separate electric meter, unless an existing meter is available for use by the new lighting system, as approved by the City Engineer. The lighting system shall be installed and operational, and accepted for operation and maintenance by the City, prior to issuance of a Certificate of Occupancy, unless otherwise allowed by the City Engineer. ENG 9. Construct a 170-feet long by 12-feet wide bus turn out at the northwest corner of the intersection of Tahquitz Canyon Way and Hermosa Drive. Construction of a bus stop shelter shall be required, with a design Resolution No. 24617 Page 30 compatible to project architecture as approved by Sunline Transit Agency and the Director of Planning. Bus stop furniture and other accessories, as reviewed by SunLine Transit Agency and approved by the Director of Planning, shall be provided by the applicant, as required. "Turn out Waived by Planning Commission" a) Dedicate additional right-of-way concentric with the back of sidewalk adjacent to the bus turn -out. "Waived by Planning Commission" b) Construct an 8 feet wide sidewalk behind the curb concentric with the bus turn out in accordance with City of Palm Springs Standard Drawing No. 210. "Waived by Planning Commission" ENG 10. All broken or off grade street improvements shall be repaired or replaced. HERMOSA DRIVE ENG 11. Dedicate a half street right-of-way of 30 feet along the entire frontage as needed, together with a property line - corner cut back at the northwest corner of Hermosa Drive and Tahquitz Canyon Way in accordance with City of Palm Springs Standard Drawing No. 105. ENG 12. Construct 6 inch curb and gutter, 20 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. ENG 13. Construct two 24 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approaches shall be located approximately 160 feet, 219 feet and 250 feet north of the centerline of Tahquitz Canyon Way. ENG 14. Construct an 8 feet wide sidewalk behind the curb along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 210. ENG 15. In accordance with the Final Section 14 Master Development Plan/Specific Plan, the applicant shall plant shade trees in a formal pattern along the Hermosa Drive frontage, as approved by the City Engineer. The applicant shall be responsible for the perpetual maintenance of the new trees and other parkway landscaping along the Hermosa Drive frontage. ENG 16. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline Resolution No. 24617 Page 31 along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ANDRES ROAD ENG 17. A forty (40) feet wide half street right-of-way for Andreas Road from Hermosa Drive to the west property line of that parcel identified by Assessor's Parcel No. 508-070-028 shall be vacated to facilitate the development of this project. The vacation of right-of-way can be completed by separate instrument or on the Final Map. ON -SITE ENG 18. The minimum pavement section for all on -site drive aisles and parking spaces shall be 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 19. All on -site private drive aisles shall be two-way with a minimum 24 feet wide travel way (as measured from face of curb) where no on - street parking is proposed. ENG 20. On -site drive aisles shall be constructed with curbs, gutters, and V-gutters, as necessary to accept and convey street surface drainage of the on -site drive aisles to the on -site drainage system, in accordance with applicable City standards. ENG 21. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. SANITARY SEWER ENG 22. All sanitary facilities shall be connected to the public sewer system. The on -site sewer system shall not connect to any existing or proposed sewer manhole, and shall connect to any existing or proposed sewer main with a standard sewer lateral connection in accordance with City of Palm Springs Resolution No. 24617 Page 32 Standard Drawing No. 405. No more than two laterals connections shall be made to the public sewer main in Tahquitz Canyon Way. ENG 23. All on -site sewer systems shall be privately maintained. ENG 24. Submit sewer improvement plans to the Engineering Division for review and approval for the on -site private sewer system. Commercial projects may construct private sewer systems to other approved City standards (i.e. Uniform Plumbing Code) upon approval by the City Engineer. Sewer manhole covers shall be identified as "Private Sewer". A profile view of the on -site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on -site sewer mains, i.e. building sewers and laterals from the buildings to the on -site private sewer mains, are subject to separate review and approval by the Building Division. GRADING ENG 25. Submit a Precise Grading and Paving Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at http://www.AQMQ.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving plan. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Resolution No. 24617 Page 33 Conditions of Approval; a copy of a final approved conformed copy of the Tentative Parcel Map; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study/Report; and a copy of the project - specific Final Water Quality Management Plan. ENG 26. Prior to issuance of a Grading Permit, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENG 27. 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. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 28. 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 29. 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 Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 30. Prior to issuance of grading permit, the applicant shall provide verification to the City that the fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat Conservation Plan (THCP). ENG 31. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. ENG 32. 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 Resolution No. 24617 Page 34 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 33. Projects causing soil disturbance of one acre or more, must comply with the General Permit for Stormwater Discharges Associated with Construction Activity and shall prepare and implement 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. The project applicant shall cause the approved final project -specific Water Quality Management Plan to be incorporated by reference or attached to the project's 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 34. 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 at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 35. 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 Division with the first submittal of a grading plan. ENG 36. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 37. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan, to the Engineering Division prior to construction of any building foundation. ENG 38. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan (if required), to the Engineering Services Department prior to issuance of any Building Permit. Resolution No. 24617 Page 35 ENG 39. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). WATER QUALITY MANAGEMENT PLAN ENG 40. This project will 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 runoff and non-stormwater runoff, will 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 runoff 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. ENG 41. 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 42. 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 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 Property Owner Association Covenants, Resolution No. 24617 Page 36 Conditions, and Restrictions (CC&R's); 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 the issuance of any grading or building permits. ENG 43. Prior to issuance of certificate of occupancy or final City approvals, the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project -Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project -Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG 44. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to a new drainage system to be constructed as part of the development. ENG 45. Submit storm drain improvement plans for all on -site storm drainage facilities for review and approval by the City Engineer. ENG 46. Submit flood control improvement plans prepared by a California registered civil engineer to Riverside County Flood Control & Water Conservation District (RCFC) for construction of Storm Drain Lateral 8A, along Tahquitz Canyon Way and connecting to Line 8 located in Sunrise Way which will be operated and maintained by RCFC. The flood control improvement plans shall be approved by RCFC prior to approval of a grading plan and issuance of a grading permit. ENG 47. Submit project is subject to drainage implementation fees, however, any validated costs incurred by the applicant for design and construction of Storm Drain Lateral 8A will be credited toward the drainage fee otherwise due. 4n t-he event validated costs exceed the drainage implementation fee otherwise due, at the request of the applicant, the City may enter into a reimbursement agreement with the applicant for reimbursement of excess costs. Following completion and acceptance of the construction of Storm Drain Lateral 8A by RCFC and the City Engineer, if reimbursement of excess costs is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Drainage Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Drainage Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all Resolution No. 24617 Page 37 associated staff time and expenses necessary in the preparation and processing of the Drainage Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested by the City, which are included in the amount that may be reimbursed to the applicant through the Drainage Reimbursement Agreement. The Drainage Reimbursement Agreement is subject to the City Council's review and approval, and its approval is not guaranteed nor implied by this condition. ENG 48. Submit on -site storm drain systems shall be privately maintained. ENG 49. 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. ENG 50. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $10,310.99 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 51. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Resolution No. 24617 Page 38 Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off -site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. ENG 52. All proposed utility lines shall be installed underground. ENG 53. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 54. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 55. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as -built" information and returned to the Engineering Division prior to issuance of a "final' approval by City. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 56. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 57. 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. MAP ENG 58. The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation Resolution No. 24617 Page 39 fee ($7,500) and shall be made at the time of the application. The annexation shall be completed by action of the city council in a public hearing, prior to processing a final map for approval. ENG 59. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. ENG 60. The Tentative Final Map is subject to construction of all required public improvements. Prior to approval of a Final Map, all required public improvements shall be completed to the satisfaction of the City Engineer, or shall be secured by the Subdivision Improvement Agreement signed by applicant and the City for this project. ENG 61. In accordance with Section 66434 (G) of the Government Code, the right-of-way for Andreas Road may be abandoned upon the filing of a Final Map identifying the abandonment of the easements granted to the City of Palm Springs. ENG 62. Upon approval of a final map, the parcel map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights -of -way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC ENG 63. Install a stop sign, stop bar, and "STOP" legend for traffic exiting the development at each of the driveway access points on Tahquitz Canyon Way and Hermosa Drive, in accordance with City of Palm Springs Standard Drawing Nos. 620-625 and the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated November 7, Resolution No. 24617 Page 40 2014, or subsequent editions in force at the time of construction, as required by the City Engineer. ENG 64. 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 65. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 66. 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 67. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS