Loading...
HomeMy WebLinkAbout2025-07-07 ARC Resolution #1062 - McWhirter Realty Partners - Sherwin-Williams Paint StoreRESOLUTION NO. 1062 A RESOLUTION OF THE ARCHITECTURAL REVIEW COMMITTEE OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION TO CONSTRUCT A 4,012-SF COMMERICAL BUILDING ON A 0.38- ACRE UNDEVELOPED PARCEL LOCATED NEAR THE SOUTHEAST CORNER OF NORTH PALM CANYON DRIVE AND EAST STEVENS ROAD, ZONE C-1, SECTION 10 (APN: 505-184- 028) (CASE AR-2025-0008). THE ARCHITECTURAL REVIEW COMMITTEE FINDS AND DETERMINES AS FOLLOWS: A. McWhirter Realty Partners ("Applicant"), filed a Major Development Permit application, Case DP-2024-0009, and a Major Architectural (MAJ) application, Case AR-2025-0008, with the City, pursuant to Palm Springs Zoning Code (PSZC) Section 94.04.00 (architectural review), for construction of a 4,012-SF commercial building for a Sherwin-Williams paint store at a 0.38-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028), Zone C-1, ("the Project"); and B. On February 26, 2025, a public meeting on Case DP-2024-0009 was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted unanimously to continue the item for further review to address the following: 1) A true, functional entrance is required on the North Palm Canyon Drive frontage; 2) The floor plan needs to be reconfigured to accommodate a functional entrance on the North Palm Canyon Drive frontage; 3) Glazing application on the North Palm Canyon Drive elevation needs to be expanded; and 4) Stronger landscape treatment with layered plant materials is desirable along the North Palm Canyon Drive frontage; and C. On March 25, 2025, a public meeting on Case DP-2024-0009 was held by the Planning Commission in accordance with applicable law, and the Planning Commission voted 4 (Aylaian, Weremiuk, Rotman, Morrill) to 3 (Baker, Miller, Murphy) to deny the application based on the findings that the proposed project is not consistent with the intent of the General Plan; and D. On April 3, 2025, McWhirter Realty Partners timely filed an appeal to the City Council of the March 25, 2025 Planning Commission decision to deny Case DP-2024-0009 in accordance with applicable law; and E. On April 8, 2025, the Planning Commission adopted a resolution of denial (Resolution No. 6978) to deny Case DP-2024-0009; and F. On May 14, 2025, an appeal hearing on Case APPL-2025-0002 was held by the City Council in accordance with applicable law. Subsequently, the City Council voted unanimously to overturn the Planning Commission's decision to deny the project subject to a condition that Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 2 of 2 mid-century architectural elements be incorporated into the proposed building design. G. On July 7, 2025, the City's Architectural Review Committee held a public meeting in accordance with applicable public law to review Case AR-2025-0008. At said meeting, the Architectural Review Committee carefully reviewed and considered all of 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 project is considered a project pursuant to the California Environmental Quality Act (CEQA). The Architectural Review Committee has evaluated the Project pursuant to CEQA and determined it to be Categorically Exempt from further analysis under CEQA Guidelines Section 15332 of the CEQA Guidelines (Class 32, In -fill Development Projects). Section 2: As demonstrated in the staff report, the Project conforms to the Architectural Review criteria and findings stipulated in Section 94.04.00(E) of the Palm Springs Zoning Code as conditioned. Section 3: Based upon the foregoing, the Architectural Review Committee hereby approves Case AR-2025-0008 for the construction of a 4,012-SF commercial building for a Sherwin- Williams paint store at a 0.38-acre undeveloped parcel located near the southeast corner of North Palm Canyon Drive and West Stevens Road (APN: 505-184-028), subject to the conditions of approval attached herein as Exhibit A. ADOPTED this 7th day of July, 2025 AYES: CASTRO, THOMPSON, MACDONALD, WALSH, O'DONNELL NOES: NIA ABSENT: THOMAS, BASTIN ABSTAIN: NIA ATTEST: aukL, Christopher Hadwin Department of Planning Services Director L CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO. 1062 EXHIBIT A Sherwin-Williams Paint Store APN: 505-184-028 Major Architectural Review Case No. AR-2025-0008 July 7, 2025 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. Proiect Description. This approval is for the project described per Case AR- 2025-0008; except as modified with the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Department of Planning Services except as modified by the approved 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 Services or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case AR-2025-0008. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 2 the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent, but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas that extend onto private property, in a first class condition, free from waste and debris, and in accordance with all applicable law, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction at the property owner's sole expense. This condition shall be included in the recorded covenant agreement for the property if required by the City. ADM 7. Time Limit for Development. The time limit for the commencement of construction under an Architectural Review approval shall be two (2) years from the effective date of the approval. A Building Permit shall be issued for construction by the deadline. An Extension of Time may be granted pursuant to the requirements of PSZC Section 94.12.00. The time extension application must be filed at least 60 days before the entitlement is due to expire. ADM 8. Right to Appeal. The decision of the Architectural Review shall be final unless appealed to the Planning Commission within 15 days following the date that the Director of Planning Services issues notification to the applicant of the decision. The appeal shall be in writing and filed with the Department of Planning Services. ADM 9. 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 Services and the Public Arts Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 3 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 10. 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. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Environmental Document Filing. Filing of a Notice of Exemption (NOE) is required for the project. Applicant shall submit a required filing fee to the Department of Planning Services immediately after the Major Architectural Review application is approved. ENV 2. Coachella Valley Multiple -Species Habitat Conservation Plan (CVMSHCP Local Development Mitigation Fee LDMF recluired. 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 3. Cultural Resource — Discovery of Human Remains. Should human remains be discovered during construction of the proposed project, the project contractor would be subject to either the State law regarding the discovery and disturbance of human remains or the Tribal burial protocol. In either circumstance all destructive activity in the immediate vicinity shall halt and the County Coroner shall be contacted pursuant to State Health and Safety Code §7050.5. If the remains are determined to be of Native American origin, the Native American Heritage Commission (NAHC) shall be contacted. The NAHC will make a determination of the Most Likely Descendent (MLD). The City and Developer will work with the designated MLD to determine the final disposition of the remains. 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. The presence of an approved Agua Caliente Native American Cultural Resource Monitor(s) during any ground disturbing activities Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 4 (including archaeological testing and surveys). Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified Archaeologist (Secretary of the Interior's Standards and Guidelines) to investigate and, if necessary, prepare a mitigation plan for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. 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 Lightinq Conformance. Outdoor lighting shall fully conform to the requirements of the Outdoor Lighting Standards (PSZC Section 93.21.00). Outdoor lighting shall not produce disability glare, discomfort glare, light trespass, and/or light pollution as defined in Palm Springs Zoning Code Sections 93.21.00(A)(7), (8), (9), and (10). The wall pack proposed on the north elevation shall not be angled so that the light source will be fully shielded and there will be no light spillage. 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 document package prepared in accordance with PSMC Section 8.60.050(a) to the Department of Planning Services for review and approval prior to the issuance of a Building Permit. PLN 3. Final_ Landscape Plan. The final landscape plan approved by the City shall also be approved by the Riverside County Agricultural Commissioner's Office and DWA (Desert Water Agency). Applicant shall submit a proof of approval to the Department of Planning Services. PLN 4. Sian Application Required. Signage shall be reviewed and approved via a Sign Permit application in accordance with PSZC Section 93.20.00. PLN 5. Screen Roof -mounted Equipment. All rooftop mechanical equipment shall be screened in accordance with PSZC Section 93.03.00. PLN 6. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building. PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 5 PLN 8, Outside Storage and Display Prohibited. Outside storage and/or display of all goods, including merchandise and materials, is prohibited, unless such an activity is first reviewed and approved by the Department of Planning Services. PLN 9. Canopy Projection (North Palm Canyon Drive). Reduce the proposed 5-foot canopy projection along the East Palm Canyon Drive frontage to 4 feet in accordance with PSZC Section 93.01.00(F)(3)(a). The projection of the canopies into the future right-of-way shall be subject to the requirements of the Department of Engineering Services. PLN 10. Landscape (North Palm_ Canyon Drive Frontage). Reduce the amount of Beaked Yucca along the west/front elevation so that it functions more as an accent and focal point. Replace Beaked Yucca with other plant materials for additional details, complexity, and plant diversity. PLN 11. Landscape (South & North Perimeter Landscape). Add plant materials in the planting beds along the north and south property lines. Such materials shall be diverse. PLN 12. (ARC ADDED)Canopy Design. Use metal for the projecting eaves on the west, south and east sides of the building instead of stucco. PLN 13. ARC ADDED Canogy Projection on the South Elevation. Extend the projecting eave along the south elevation from 1 foot to 4 feet to provide cover over the walkway. PLN 14. ARC ADDED Addition of Lighting Fixture. Consider adding a large decorative accent light fixture on the front (west elevation) of the building between the two projecting eaves. PLN 15. (ARC ADDED) Groundcover Material. Apply 2-inch crushed rock instead of decomposed granite in the planting bed located at the front (west side) of the building. PLN 16. (ARC ADDED) Additional Planting Material Required. Install additional Calliandra haematocephala (Red Powder Puff Vine) in the planting bed along the north and south property lines. PLN 17. ARC ADDED Concrete Block Veneer Application. Where concrete block veneer is proposed, continue the block veneer around the corners to the nearest stucco control or screed joint. Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 6 BUILDING & SAFETY CONDITIONS The Following Standard Building & Safety Conditions of Approval are applicable to this project: BLDG 1. Separate permits are required for trash enclosures, signs, PV (Photovoltaic), and construction trailers. BLDG 2. Grading & ROW permits are to be issued by the Department of Engineering Services. BLDG 3. Utilities on the utility side of any meter are to be arranged with the respective Utility Company. Any utilities after a meter will be included in the Building & Safety Department's scope of work for inspections. General Conditions 1. Shall comply with the latest adopted edition of the following codes as applicable: A. 2022 California Building Code B. 2022 California Electrical Code C. 2022 California Mechanical Code D. 2022 California Plumbing Code E. 2022 California Energy Code F. 2022 California Fire Code G. 2022 California Green Building Standards Code 2. Any temporary building, trailer, commercial coach, etc. installed and/or used in connection with a construction project shall comply with the City Code. 3. All exterior lighting shall be oriented, directed, and/or shielded as much as possible so that direct illumination does not infringe onto adjoining properties. 5. All development impact fees including but not limited to TUMF, CVMSHCP, Sewer Connection and Public Arts shall be paid at time of permit issuance. ENGINEERING DIVISION CONDITIONS Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. STREETS Architectural Review Committee Resolution No. 1062 ,July 7, 2025 Case AR-2025-0008 Page 7 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. The Engineering Services Department recommends deferral of off -site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the 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) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant. NORTH PALM CANYON DRIVE ENG 3. Dedicate additional right-of-way to provide the ultimate half street right-of- way width of 50 feet along the entire frontage if needed as determined by the City Engineer or their designee. 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. "Deferred' ENG 4. 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. "Deferred' ENG 5. Remove the existing curb, driveway approaches and sidewalk located 30 feet east of centerline and replace with an 8 inch curb and gutter, driveway approaches and sidewalk to be located at 38 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No.200, 201 and 210. "Deferred' ENG 6. Construct pavement with a minimum pavement section of 5 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 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 Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 8 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. "Deferred' ENG 7. Remove existing driveway approaches (they do not meet current ADA standards) and construct new driveway approaches in accordance with City of Palm Springs Standard Drawing No. 201. 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. The on -site layout of drive aisles and parking spaces are subject to further review and approval by the City Engineer. Adjustment of, deletion or relocation of proposed parking spaces may be required during review and approval of construction plans for on -site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on -site layout of streets and parking spaces as proposed. ENG 11. If any new pavement is to be constructed as part of the project, the minimum pavement section for all on -site pavement for the drive aisles, parking spaces, etc. shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 12. On -site drive aisles and parking lot shall be constructed with curbs, gutters, and cross -gutters, as necessary to accept and convey street surface drainage of the on -site streets to the on -site drainage system, in accordance with applicable City standards. SANITARY SEWER ENG 13. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 9 ENG 14, Submit a Precise Grading Plan prepared by a California licensed civil engineer to the Engineering Services Department for review and approval. The plan shall be approved by the City Engineer prior to grading permit issuance. 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.aov. 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. ENG 15. 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 16. 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 17. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 10 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 18. 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 erosionlblowsand relating to this property and development. ENG 19. 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 GeotechnicallSoils Report shall be submitted to the Engineering Services Department with the first submittal of a grading plan. (if required) ENG 20. The applicant shall provide all necessary geotechnicallsoils inspections and testing in accordance with the GeotechnicallSoils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the GeotechnicallSoils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided even though there may not be a grading plan for the project. Prior to issuance of Building Permits. ENG 21. 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 22. 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.Oran0,cdfa.ca.gov. WATER QUALITY MANAGEMENT PLAN Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 11 ENG 23. 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 24, A Final Project -Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of approval of any grading plan. 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 25. 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 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 Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project - Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. DRAINAGE ENG 26. 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. The hydrology study shall be reviewed and approved prior to approval of any grading plan. 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 Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 12 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 27. The project is subject to flood control and drainage implementation fees pursuant to Resolution 14082. The acreage drainage fee at the present time is $10,961.65 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ENG 28. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. Stormwater runoff may not be released directly to the adjacent streets without first intercepting and treating with approved Best Management Practices (BMPs). GENERAL ENG 29. 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 30. All proposed utility lines shall be installed underground. ENG 31. The record property owner 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 and submitted to the City Engineer prior to issuance of a grading permit. A current title report or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant. ENG 32. 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 33. 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 fiietype) and PDF (Adobe Acrobat document filetype) formats. Variation of the type and format of the digital Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 13 data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 34. 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 35. 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 36. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. MAP ENG 37. The existing parcels identified as Lots 2 and 3 of the Palm Springs Estates No. 3 Map, Map Book 17, Page 34 (APN #505-184-028), shall be merged. An application for a parcel merger shall be submitted to the Engineering Services Department for review and approval. A copy of a current title report and copies of record documents shall be submitted with the application for the parcel merger. The application shall be submitted to and approved by the City Engineer prior to issuance of building permit. TRAFFIC ENG 38. 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 39. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and streetlights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. ENG 40. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 14 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. FIRE DEPARTMENT CONDITIONS: FID 1. These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. Conditions are subject to final plan check and review. 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 "T" Development Requirements and latest adopted NFPA Standards. A complete set 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. 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 Architectural Review Committee Resolution No. 1062 Case AR-2025-0008 July 7, 2025 Page 15 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 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. 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. FID 11. Turning Radius: Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. FID 12. 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. FID 13. 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. Architectural Review Committee Resolution No. 1062 July 7, 2025 Case AR-2025-0008 Page 16 FID 14. 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 15. Private Fire Hydrants: Additional private hydrants may be required. END OF CONDITIONS Li