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HomeMy WebLinkAboutARCH REV - RES NO 1036RESOLUTION NO. 1036 A RESOLUTION OF THE ARCHITECTURAL REVIEW COMMITTEE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION TO ALLOW THE CONSTRUCTION OF A 12-UNIT MULTIPLE -FAMILY RESIDENTIAL DEVELOPMENT AS FOR -SALE CONDOMINIUMS AND RELATED SITE IMPROVEMENTS ON A 0.95-ACRE LOT LOCATED AT 1424 CAMINO NORTE. THE ARCHITECTURAL REVIEW COMMITTEE FINDS AND DETERMINES AS FOLLOWS: A. 12 @ Las Palmas, LLC ("Applicant") has filed a Major Architectural Application (Case 3.4289 MAJ) with the City of Palm Springs, pursuant to Palm Springs Zoning Code (PSZC) Section 94.04.00 (Architectural Review), for the construction of a 12-unit multiple - family residential condominium development and other related on- and off -site improvements on a 0.95-acre site located between Camino Norte and North Palm Canyon Drive, west of the intersection of North Palm Canyon Drive and Camino Monte Vista (APNs 505-182-005 & 505-182-007), Zone C-1 and R-2 (the "Project"). B. A notice of public hearing of the Planning Commission of the City of Palm Springs, California to consider the associated Project applications, including a Conditional Use Permit (Case 5.1554 CUP), Major Development Permit (Case 3.4289 MAJ/DP) and Tentative Tract Map (Case TTM 389416), was given in accordance with applicable law for the regular Planning Commission meeting of September 14, 2022. The Planning Commission continued the hearing to a date certain of October 12, 2022, and subsequently to a date certain of December 14, 2022, at which meeting the Planning Commission adopted Resolution No. 6936 and conditionally approved the associated Project applications. C. The Applicant appealed the Planning Commission's decision of December 14, 2022, to condition the approval of the Project that vehicular gates be removed from the Project plans. A notice of public hearing of the City Council of the City of Palm Springs, California to consider the appeal of the associated Project applications referenced in Recital B above was given in accordance with applicable law for the City Council regular meeting of January 26, 2023, at which hearing the City Council adopted Resolution No. 25084 rejecting the appeal and upholding the Planning Commission's decision to conditionally approve the associated Project applications, including the requirement to remove the vehicular gate from the Project plans. D. 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. E: On October 16, 2023, the City's Architectural Review Committee held a public meeting in accordance with applicable public law. At said meeting, the Architectural Architectural Review Committee Resolution No.1036 October 16, 2023 Case 3.4289 MAJ Page 2 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. F. The; proposed Project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA") and has been determined to be Categorically Exempt as a Class 32 exemption (In -Fill Development Project) pursuant to Section 15332 of the CEQA Guidelines. The following analysis supports this determination: G. Pursuant to Section 94.04.00(E) of the Palm Springs Zoning Code, the Architectural Review Committee makes the following findings relative to the Major Architectural Review application, Case 3.4289 MAJ: 1. The architectural treatment is consistent on all four sides of the proposed building(s), unless otherwise approved by the ARC; The modern architecture of the proposed buildings includes flat roofs, stucco siding and recessed fenestration on all sides of the buildings. The three-story building fronting North Palm Canyon includes stucco walls with reveals on the north and south elevations to break-up the stucco massing. 2. The design of accessory structures, such as carports, cabanas, and similar accessory structures, shall be consistent with the form, materials, and colors of the principal building(s), unless otherwise approved by the ARC; The development consists of two- and three-story structures with single -story accessory living spaces along the Palm Canyon frontage. All buildings are clad with white stucco with dark grey accents and satin anodized aluminum frame windows, creating a consistency of design throughout the project. 3. The fagade elements and fenestration are composed in a harmonious manner; Each unit includes the same size and location of fenestration on the first, second and third floors of the primary building frontage of the building. The two-story building oriented towards Camino Norte also uses a similar application of fenestration, but the end unit creates outdoor livable balcony space with extended roof eaves for user comfort while keeping with the vernacular of the modern design. 4. Thei proposed materials are consistent with the context of the site, adjacent buildings, and the desert environment; Stucco .is the primary building material along with aluminum dual pane windows. The proposed materials are consistent with materials used on adjacent properties and are appropriate for the desert environment. Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 3 5. The proposed color scheme is appropriate to the desert environment and consistent with the site context; The project includes white stucco with grey accents, consistent with other properties in the area. 6. Shading devices and sun control elements, excluding landscape materials, are provided to address environmental conditions and solar orientation; Solar relief for glazing is provided by recessed voids and overhangs. Deep overhangs are proposed on Unit 1. These elements will reduce solar heat gain on the unit interiors. 7. The proposed landscape plan is consistent with the requirements of PSMC Chapter 8.60; The landscape areas for the project include African Sumac trees and a mix of drought - tolerant plant materials, such as Desert Spoon and Aloe, and moderate water consumption plants like Regal Mist, Ficus and Natal Plum. No turf areas are proposed. Thus, the proposed landscape plan is consistent with Chapter 8.60 of the Municipal Code. 8. The proposed landscape plan is consistent with all applicable zoning requirements, including any streetscape requirements, landscape buffer requirements, and screening requirements; A landscape buffer is provided in accordance with yard requirements in Section 92.12.03(D) of the Zoning Code. A five-foot wide landscape buffer is proposed on the property perimeter of the north, south and east sides of the property. There will be no exposed ground -mounted mechanical equipment viewable from the streets. 9. The shading for pedestrian facilities on the subject site or abutting public right(s)- of-way is adequate; Pedestrian access from Palm Canyon will be shaded by a five-foot wide overhang that extends the width of the building frontage. 10.The proposed lighting plan is consistent with the requirements of PSZC Section 93.21.00, and the proposed lighting will not materially impact adjacent properties; The project is conditioned to comply with outdoor lighting standards in Section 93.21.00 of the Zoning Code. 11.Appropriateness of signage locations and dimensions relative to the building fagade(s), or appropriateness of the site location for any freestanding signage, as may be warranted for the development type; No signage is proposed at this time. If signage is proposed in the future, a sign permit will be required. Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 4 12. Screening is provided for mechanical equipment and service yards, to screen such facilities from view from public rights -of -way and abutting properties; Mechanical equipment will be screened by rooftop parapets for Units 2 through 12. Unit 1 will be screened by a garden wall if ground -mounted or via the parapet on Unit 2 if roof -mounted. 13.The proposed application is consistent with any adopted design standards of an applicable specific plan, planned development district, or other applicable adopted design standards and regulations. The property is not located within a specific plan or planned development district. THE ARCHITECTURAL REVIEW COMMITTEE RESOLVES: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this Resolution. SECTION 2. On January 26, 2023, the City Council found the Project is categorically exempt from further CEQA review as a Class 32 Exemption — "In -Fill Development Project' — pursuant to Section 15332 of the CEQA Guidelines. The preparation of further environmental documentation is not necessary because none of the circumstances triggering further environmental review have occurred. (Public Resources Code § 21166; Cal. Code Regulations, Title 14, § 15162.) SECTION 3. Based upon the foregoing, the Architectural Review Committee hereby approves Case 3.4289 MAJ for the development of 12-unit multiple -family residential condominiums and related improvements on a 0.95-acre site located between Camino Norte and North Palm Canyon Drive, west of the intersection of North Palm Canyon Drive and Camino Monte Vista, subject to those conditions set forth in the attached Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 16th day of October 2023. AYES: DOCZI, THOMPSON, McCOY, WALSH, JAKWAY ABSENT: POEHLEIN ATTEST: Christopher Hadwin Director of Planning Services CITY OF PALM SPRINGS, CALIFORNIA Architectural Review Committee Resolution No.1036 October 16, 2023 Case 3.4289 MAJ Page 5 EXHIBIT A Case No. 3.4289 MAJ 12 @ Las Palmas October 16, 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 Nos. 5.1554 CUP, 3.4289 MAJ/DP & TTM 38416; except as modified with the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped July 11, 2022 (Architectural and Civil) and May 2, 2022 (Tentative Map), 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. 'Tentative Map. This approval is for Tentative Tract Map 38416. 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/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 Case Nos. 5.1554 CUP, 3.4289 MAJ/DP & TTM 38416. 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 Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 6 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 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 matterwithout the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse 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, 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 8. Time Limit on Approval. Approval of the Major Development Permit (MAJ/DP) and Conditional Use Permit (CUP) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. 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. Time Extensions. Extensions of time for the Tentative Tract Map may be approved pursuant to Municipal Code Section 9.63.110. Extensions of time for the Major Development Permit (MAJ/DP) and Conditional Use Permit (CUP) may be granted by the Planning Commission pursuant to Zoning Code Section 94.12.00. Such extensions shall be required in writing and submitted to Planning Services prior to the expiration of the approval. 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 Architectural Review Committee Resolution No.1036 October 16, 2023 Case 3.4289 MAJ Page 7 community -wide system and shown on the City's master plan). ADM 12. 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 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 the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the artwork and protect the public rights of access and viewing. 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 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. c. Provisions for joint access to the proposed parcels, and any open space restrictions. 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&Rs 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 specified in the current fee schedule, for the review of the CC&R's by the City Attorney. A filing fee as outlined in the fee schedule shall also be paid to the City Planning Department for administrative review purposes. Architectural Review Committee Resolution No.1036 October 16, 2023 Case 3.4289 MAJ Page 8 ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Vallev Multiole-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 $64 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). 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. Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 9 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. 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. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 8. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 9. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 10. No off -site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employee's vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 11. 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 12. Entry Gate. A vehicular entry gate is not approved by the ARC. PLN 13. Onsite Improvements on Westerly Frontage. The proposed wall on the westerly edge of the site shall be setback five feet and desert landscape shall be installed between said wall and the sidewalk. PLN 14. EV Charging Station. Pursuant to Section 93.06.00 of the PSZC (Off -Street Parking) the number of EV charging stations for new or renovated commercial development, and for new multi -family residential development. PLN 15. 12/14/22 Planning Commission Meeting. In accordance with the Planning Commission's decision on December 14, 2022, the applicant shall complete the following: a. Stop Sign at Project Exit. Install a stop sign at the vehicular egress to the satisfaction of the City Engineer. b. Household Waste Generated by Accessory Dwelling Units. The CC&Rs prepared for this subdivision shall require that condominium owners with detached accessory dwelling units be responsible for receiving and proper disposal of any household waste generated from any occupant(s) or tenant(s) of their corresponding detached accessory dwelling unit. The CC&RS shall also require that, in the event of the condominium owner Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 10 leases the primary condominium unit, the lessee of the primary unit shall be responsible for receiving and proper disposal of any household waste generated from any occupant(s) or sub-tenant(s) of the corresponding detached accessory dwelling unit, if permitted. Household waste includes trash, green waste, recycling, and organic refuse. 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. GENERAL 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 24-to-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 building permits. NORTH PALM CANYON DRIVE ENG 3. Construct sidewalk from back of curb to property line along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 4. Remove the existing driveway approaches and replace with curb, gutter and sidewalk to match existing improvements in accordance with City of Palm Springs Standard Drawing No. 200 and 210. Architectural Review Committee Resolution No.1036 October 16, 2023 Case 3.4289 MAJ Page 11 ENG 5. Contact the Director of Facilities to determine if the existing palm trees, irrigation, and streetlights along the North Palm Canyon Drive frontage will have to be replaced and/or upgraded in conjunction with this project. ENG 6. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 7. All broken or off grade street improvements along the project frontage shall be repaired or replaced. CAMINO NORTE ENG 8. Construct a 6-inch curb and gutter, 18 feet east of centerline along the entire frontage of APN 505-182-005 AND 505-182-004 to match existing improvements in accordance with City of Palm Springs Standard Drawing No. 200. ENG 9. Construct a driveway approach (main entrance 26' feet wide) in accordance with City of Palm Springs Standard Drawing No. 201. ENG 10. Dedicate an easement 2 feet wide along the back of the driveway approach and or utility structures for sidewalk purposes. 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 11. Construct a 5 feet wide sidewalk behind the curb along the entire frontage of APN 505-182-005 AND 505-182-004 to match existing improvements in accordance with City of Palm Springs Standard Drawing No. 210. ENG 12. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 4 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 of APN 505-182-005 AND 505-182-004 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 13. Remove and replace existing asphalt concrete pavement where required, in accordance with applicable City standards. ENG 14. All broken or off grade street improvements along the project frontage shall be repaired or replaced. Architectural Review Committee Resolution No.1036 October 16, 2023 Case 3.4289 MAJ Page 12 ON -SITE ENG 15. For on -site bay parking in residential and commercial zones, paving material shall be decorative paving, colored and/or patterned to relate to the overall design in accordance with Zoning Code 93.06.00.C.15.e. ENG 16. The minimum pavement section for all on -site pavement (drive aisles, parking spaces) shall be 3 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 17. All on -site drive aisles shall be two-way with a minimum 26 feet wide travelway (as measured from face of curb) where no on -street parking is proposed. ENG 18. On -site drive aisles or parking lots shall be constructed with curbs, gutters, and cross -gutters, as necessary to accept and convey street surface drainage of the on -site streets to the on -site drainage system, in accordance with applicable City standards. SANITARY SEWER ENG 19. 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. ENG 20. Pay a sewer assessment fee of $424.92 in accordance with the terms of the Sewer Construction Refund Agreement between the City of Palm Springs and Ted Pelton, Sewer Agreement No. 1418. The fee shall be paid prior to issuance of a building permit. GRADING ENG 21. 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 Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16 2023 Page 13 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:llwww.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 Pian. ENG 22. Prior to approval of a Grading Plan (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(-a)aquacaliente.net 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 23. 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 24. 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 25. 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 Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 14 areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 26. A Notice of Intent (NO[) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 27. This project requires preparation and implementation of a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post -construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. Where applicable, the approved final project -specific Water Quality Management Plan shall be incorporated by reference or attached to the SWPPP as the Post -Construction Management Plan. A copy of the up- to-date SWPPP shall be kept at the project site and be available for review upon request. ENG 28. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall postwith 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 29. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan. ENG 30. The applicant shall provide Grading Certification for all building (or structure) pads in conformance with the approved grading plan to the Engineering Services Department for review and approval. ENG 31. In cooperation with the California Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (Revised - RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 6819 East Gage Avenue, Commerce, Ca 90040 (Phone: (760)782-3271, (562)505-6415), Sonia.Oran@cdfa.ca.gov. Architectural Review Committee Resolution No.1036 October 16, 2023 Case 3.4289 MAJ Page 15 WATER QUALITY MANAGEMENT PLAN ENG 32. This project shall be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre - treating contaminated stormwater and non-stormwater runoff, shall be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre -treat contaminated stormwater and non-stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. Such measures shall be designed and installed on -site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). ENG 33. 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 34. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County -Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project -Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project -Specific WQMP include requiring the implementation of the Final Project -Specific WQMP in 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. ENG 35. 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 Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 16 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 36. 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 37. 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 38. All proposed utility lines shall be installed underground. ENG 39. 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 40. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2015 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 41. 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 42. 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. Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 17 ENG 43. 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 44. 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. RUB ENG 45. 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 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 46. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Services Department 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 Services Department as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. ENG 47. In accordance with Government Code Section 66499, the Tentative Tract Map is subject to construction of all required public improvements. Prior to approval of a Tract Map, all required public improvements shall be secured by a construction agreement and bonds in accordance with Government Code Section 66499. ENG 48. Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete. TRAFFIC ENG 49. 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. Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 18 ENG 50. 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 51. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS FID 1. These Fire Department conditions may not provide all requirements. The 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 2019 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "T" Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for fire sprinkler system plans, underground water improvement plans, & fire alarm plans must be submitted prior to a building permit being released. 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 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 the Resolution of the Palm Springs City Council. Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 19 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 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 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. 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 13D Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13, 2016 Editions, as modified by local ordinance. Architectural Review Committee Resolution No.1036 Case 3.4289 MAJ October 16, 2023 Page 20 FID 10. Dead Ends: Dead-end fire apparatus roads in excess of 150 feet in length shall be provided with an approved area for turning around a fire apparatus, or hammer head as approved by the City's Engineering Department. FID 11. Designated Fire Lanes: in private developments shall be not less than 24 feet wide (curb face to curb face) with no parking on either side and shall be identified as afire lanes with red curb, stating in white lettering "NO PARKING FIRE LANE", or by approved signage, or by both red curb with lettering and signage. FID 12. Fire Department Access Roads/Driveways' Shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150 feet from such roads. FID 13. Private Fire Hydrants: Additional private hydrants may be required. FID 14. Security Gates: A Knox key operated switch shall be installed at every automatic gate. Secured automated vehicle gates or entries, if approved for installation, shall utilize a combination of a Tomar StrobeswitchTM, or approved equal, and an approved Knox key switch when required by the fire code official. Secured non -automated vehicle gates or entries, if approved for installation, 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