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HomeMy WebLinkAboutARCH REV - RES NO 1034RESOLUTION NO. 1034 A RESOLUTION OF THE ARCHITECTURAL REVIEW COMMITTEE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING DEVELOPMENT OF A 4,866-SQUARE-FOOT MIXED USE BUILDING WITH ASSOCIATED LANDSCAPING AND OFF- STREET PARKING ON A 10,000 SQUARE FOOT LOT LOCATED AT 605 EAST SUNNY DUNES ROAD, ZONE C-M, GP: MU, (APN: 508-163-004 (CASE 3.4365 MAJ). THE ARCHITECTURAL REVIEW COMMITTEE FINDS AND DETERMINES AS FOLLOWS: A. WHEREAS, Jim Lande, ("Owner"), filed Major Architectural (MAJ) application with the City pursuant to the Palm Springs Zoning Code ("PSZC") section 94.04.00 for development of a 4,866-square-foot mixed use building with associated landscaping and off-street parking located at 605 East Sunny Dunes Road, ("the Project"); and B. WHEREAS, on April 8, 2021, the City Council adopted Ordinance No. 2042, amending Section 94.04.00 of the PSZC to reassign review of Major Architectural Review (MAJ) applications from the City's Planning Commission to the City's Architectural Review Committee; and C. WHEREAS, on July 12, 2023, the Planning Commission considered Case 3.4365 DP / 7.1671 AMM, a Major Development Permit application and Administrative Minor Modification application associated with the Major Architectural application and voted to approve the applications subject to conditions; and D. WHEREAS, On July 17, 2023, the City's Architectural Review Committee held a public meeting in accordance with applicable public law. At said meeting, the Architectural Review Committee carefully reviewed and considered all the evidence presented in connection with the Project, including, but not limited to, the staff report, and all written and oral testimony presented. THE ARCHITECTURAL REVIEW COMMITTEE RESOLVES: Section 1: The proposed development is considered a project pursuant to the California Environmental Quality Act (CEQA). At its meeting of July 12, 2023, the Planning Commission evaluated the project pursuant to CEQA and determined it to be Categorically Exempt from further analysis as a Class 32 "Infill Development". Section 2: As demonstrated in the staff report, the project conforms to the Architectural Guidelines of PSZC 94.04.00 ("architectural review"); as conditioned. Section 3: Based upon the foregoing, the Architectural Review Committee hereby approves Case 3.4365 MAJ for the construction of a 4,866-square-foot mixed -use building with associated parking and landscaping located at 605 East Sunny Dunes Road, subject to the conditions of approval attached herein as Exhibit A. Architectural Review Committee Resolution No. 1034 Case 3.4365 MAJ / DP and 7.1671 AMM 605 East Sunny Dunes Road ADOPTED this 17th day of July, 2023. AYES: DOCZI, POEHLEIN, THOMPSON, WALSH, ROTMAN NOES: NONE ABSENT: MCCOY,JAKWAY ABSTAINED: NONE July 17, 2023 Page 2 of 2 ATTEST: CITY OF PALM SPRINGS, CALIFORNIA 1 'X�� Christopher Hadwin Director of Planning Services RESOLUTION NO. 1034 EXHIBIT A 3.4365 DP / MAJ / 7.1671 AMM Proposed Commercial Building at 605 East Sunny Dunes Road July 17, 2023 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. Protect Description. This approval is for the project described per Case 3.4365 DP / MAJ / 7.1671 AMM except as modified with the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, dated April 7, 2023, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner/applicant shall defend, indemnify, and hold harmless the City of Palm Springs, its elected officials, agents, officers, and employees ("Indemnitees") from any claim, action, or proceeding against the City of Palm Springs or any Indemnitee(s), arising, in any way, out of the activities authorized by this Land Use Permit. The City will promptly notify the applicant of any such claim, action, or proceeding 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 fails to promptly notify the applicant of any such claim, action or proceeding Architectural Review Committee Resolution No. 1034 Page 2 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the Indemnitees. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, walls, and fences that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit on Approval. Approval of the Development Permit (DP), the Major Architectural Application (MAJ) and the Administrative Minor Modification (AMM) 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. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. 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). Architectural Review Committee Resolution No. 1034 Page 3 of 16 Conditions of Approval - Case #3.4365 DP 1 MAJ 1 7 1671 AMM 605 E Sunny Dunes Rd July 17, 2023 ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1, Coachella Vallev 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. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of S64 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA). 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 Architectural Review Committee Resolution No. 1034 Page 4 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 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. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down -lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs 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 3. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non- specular) roofing is allowed in colors such as beige or tan. PLN 4. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 5. Screen Roof -mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. Architectural Review Committee Resolution No. 1034 Page 5 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 9. No off -site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 10. 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 Architectural Review Committee and/or the Planning Commission. PLN 11. (ARC Condition: Street Tree(s). Provide 36-inch box shade trees (minimum one) spaced fifty (50) feet apart in the sidewalk zone of the public right-of-way of Sunny Dunes Road. Show the species, size and location of the tree on the irrigation and landscape plan submitted to the City pursuant to Zoning Code 8.60 (Water Efficient Landscape Ordinance). Provide root barriers, pursuant to City Engineering Standards and connection to an automatic irrigation system that provides deep root watering. Coordinate the location of the tree well with City Engineering to ensure a complaint accessible sidewalk passageway around the tree well and avoidance of underground utilities. The tree well should be a minimum of six (6) feet in diameter / width, consistent with the tree well design standards of Zoning Code Section 93.06.00 (E,7). PLN 12. (ARC Condition: Landscape at drive aisle and building frontage. Consider the feasibility of providing a landscape strip along the side of the drive aisle beneath the second floor of the building and plantings. Consider providing low plantings / shrubs in the planter strip along the front of the building to soften the aesthetic of that facade (example Carissa Macrocarpa or equal). PLN 13. Maintenance of landscape strip east side of drive aisle wall. Verify that the narrow strip of landscape along the east side of the wall alongside the drive aisle can be accessed and properly maintained. Architectural Review Committee Resolution No. 1034 Page 6 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 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 BLD 1. Prior to any construction on -site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS The Engineering Services Department recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 48-hour inspection notification is required. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any encroachment or building permits. SUNNY DUNES ROAD ENG 3. Dedicate 30' feet to provide the ultimate half street right-of-way along the entire frontage. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted. ENG 4. Construct a 6-inch curb and gutter, 20 feet south of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. Architectural Review Committee Resolution No. 1034 Page 7 of 16 Conditions of Approval - Case #3.4365 DP / MAJ 17.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 ENG 5. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. ENG 6. 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 7. 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 clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross - sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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 8. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 9. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON -SITE ENG 10. Construct a minimum pavement section of 3 inches asphalt over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction. 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 11. On -site drive aisles or parking lot shall be constructed with curbs, gutters, and cross -gutters, as necessary to accept and convey street surface drainage of the on -site streets to the on -site drainage system, in accordance with applicable City standards. SANITARY SEWER Architecturai Review Committee Resolution No. 1034 Page 8 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 ENG 12. All sanitary facilities shall be connected to the public sewer system (via the proposed on -site private sewer system). New laterals shall not be connected at manholes. GRADING ENG 13. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues. please contact AQMD at (909) 396-3752, or at http://www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook. shall be submitted to and approved by the Engineering Services Department prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report; a copy of the project -specific Final Water Quality Management Plan. ENG 14. Prior to approval of a Grading Pian (or 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 (a copy of the written approval must be provided to the City). The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI-THPO(cD_aguacaliente.net to determine Architectural Review Committee Resolution No. 1034 Page 9 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 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 15. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 16. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed at the limits of grading and/or disturbed areas. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 17. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 18. 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 19. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. ENG 20. 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 eight hundred dollars ($800) (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 21. 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 Architectural Review Committee Resolution No. 1034 Page 10 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 ENG 22. Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan. ENG 23. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval prior to issuance of Building Permits. ENG 24. In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants forgrading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone (760)782-3271, (562)505-6415), Sonia.Oran@cdfa.ca.gov. WATER QUALITY MANAGEMENT PLAN ENG 25. 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. ENG 26. 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 27. 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 Architectural Review Committee Resolution No. 1034 Pagel 1 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 the requirement to implement and maintain the approved Final Project - Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project - Specific WQMP include: requiring the implementation of the Final Project - Specific WQMP in Homeowners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project -Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. DRAINAGE ENG 28. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on -site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On -site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on -site retention. ENG 29. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $10,311.99 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL ENG 30. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. ENG 31. All proposed utility lines shall be installed underground. Architectural Review Committee Resolution No. 1034 Page 12 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 ENG 32. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on - site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the north and south property lines may meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off -site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the Engineering Services Department prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Services Department identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. ENG 33. The applicant is advised that deferral of utility undergrounding requires specific approval by the Planning Commission and City Council. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner(s) shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) and submitted to the City Engineer prior to issuance of a grading permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the developer. ENG 34. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 35. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing filetype) and PDF (Adobe Acrobat document filetype) formats. Variation of the type and format of the digital Architectural Review Committee Resolution No. 1034 Page 13 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 36. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as -built' information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 37. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 38. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. ENG 39. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit. II-K&Ia9101 ENG 40. 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 41. 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 42. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS Architectural Review Committee Resolution No. 1034 Page 14 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 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. FID 2. Fire Department Conditions were based on the 2022 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 fire sprinkler/alarms systems must be submitted prior to a building permit being released. FID 3. Conditions of Approval — "Conditions of Approval' received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. FID 4. Plans and Permits (CFC 105.1): Permits and scaled drawings are required for this project. Plan reviews can take up to 20 working days. Submit an electronic file or a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM — 6:00 PM, Monday — Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. 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 Architectural Review Committee Resolution No. 1034 Page 15 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 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. Key Box Required to be Installed (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for lifesaving or fire -fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official. FID 8. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. FID 9. NFPA 13 Fire Sprinkler Systems Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance. Fire pumps maybe also be required due to the size of the building (spa, yoga studio, and gym). FID 10. Fire Alarm Systems Required: An automatic or manual fire alarm system is required. Only a C-10 licensed fire alarm contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 72, 2016 editions, as modified by local ordinance. Architectural Review Committee Resolution No. 1034 Page 16 of 16 Conditions of Approval - Case #3.4365 DP / MAJ / 7.1671 AMM 605 E Sunny Dunes Rd July 17, 2023 FID 11. Security Gates: A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries shall utilize a combination of a Tomar Strobeswitch TM, or approved equal, and an approved Knox key switch when required by the fire code official. Secured non - automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of'% inch) when required by the fire code official. END OF CONDITIONS