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HomeMy WebLinkAboutPC Resolution _6214- Case 3.3487-MAJRESOLUTION NO. 6214 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT A PEST CONTROL SERVICE IS SIMILAR TO OTHER USES PERMITTED IN THE M-2 ZONE AND APPROVING CASE NUMBER 3.3487-MAJ FOR THE CONSTRUCTION OF A 2,420 SQUARE FOOT INDUSTRIAL BUILDING AND ASSOCIATED LANDSCAPING AND PARKING ON A VACANT LOT LOCATED AT 19161 NEWHALL STREET. WHEREAS, J.A. Ogle III Family Trust and Lloyd Pest Control (the "Applicant") have filed an application with the City, pursuant to Section 94.04.00 of the Zoning Code, for a Major Architectural Application (Case No. 3.3487-MAJ), to allow the construction of a 2,420-square foot industrial building, parking, carports and landscaping on a vacant lot located at 19161 Newhall Street, APN: 666-402-008, Zone M-2, Section 151R31T4; and WHEREAS, a pest control service use is not a specifically mentioned as a permitted use within the M-2 Zone and may be permitted under Section 92.17.1.01(B) and 94.01.00 of the Zoning Code; and WHEREAS, on June 6, 2011, the Architectural Advisory Committee (AAC) reviewed the proposed project and voted 5-0 to recommend approval to the Planning Commission; and WHEREAS, on July 11, 2011, a meeting was held by the Planning Commission in accordance with applicable law; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to Section 15303(c) of the California Environmental Quality Act (CEQA) Guidelines, this project is Categorically Exempt from environmental assessment because the project involves new construction of a store not exceeding 10,000 square feet in floor area. Section 2: Pursuant to the requirements of Section 94.01.02(B) of the PSZC, the Planning Commission determines that all of the following conditions exist: 1) That the use is in keeping with the stated intent and purpose of the zone. Pursuant to Section 92.17.1.00 of the PSZC, "the "M-2" Manufacturing Zone is intended to provide for the development of industrial uses which include fabrication, Planning Commission Resolution No. 6214 Case No.3.3487-MAJ — Lloyd Pest Control July 13, 2011 Page 2 of 4 manufacturing, assembly or processing which do not in their maintenance, assembly, manufacture or plant operation create by-products to any degree which will adversely affect the resort -open space environment of the city." The proposed pest control service use is an industrial -type operation that will handle and transport pest control chemicals. No manufacturing of the chemicals will occur on the site. Therefore, the proposed use is not likely to create by-products which will adversely affect the resort -open space environment of the city. 2) That field investigations have disclosed that the subject use and its operation are compatible with the uses permitted in the zone wherein it is proposed to be located. The M-2 Zone offers a range of commercial, administrative, wholesaling, warehousing and manufacturing uses. Various industrial operations and services are currently operating within the industrial tract. Therefore, the proposed use and its operation are compatible with the uses permitted in the zone wherein it is proposed to be located. 3) That the subject use is similar to one (1) or more uses permitted in the zone within which if is proposed to be located. Pursuant to Section 92.17.1.01(A)(1) of the PSZC, the Manufacturing Zone allows all uses that are "permitted in the "C-1", "C-2 ; "C-W and W-1-P" zones, Sections 92.12.01, 92.14.01, 92.15.01 and 92.16.01, unless otherwise regulated herein." Specifically, the following permitted uses are similar to the proposed pest control services use: 1. Manufacturing, compounding, processing, packaging or treatment of such products as Drugs and Perfume — Permitted in the M-1 Zone. 2. Contractor's yard, shops — Permitted in the C-M Zone. 3. Builder's Supply — Permitted in the M-1 Zone. The above uses store or handle hazardous or toxic chemicals as part of their normal operation, which is similar to a pest control service use. 4) That the subject use will not cause substantial injury to the values of property in the zone within which it is proposed to be located. There are no known evidences or proofs to conclude that the proposed use is likely to cause substantial injury to values of property in the "M-2" Zone. Section 3: Section 94.04.00(D) of the PSZC provides guidelines for the Architectural review of development projects. Conformance is evaluated, based on consideration of ID the following: Planning Commission Resolution No. 6214 Case No.3.U87-MAJ — Lloyd Pest Control July 13, 2011 Page 3 of 4 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking lot areas, Access throughout the proposed project is designed according to the requirements of the Uniform Building Code and ADA rules, including accessible pathways, handicapped parking spaces and vehicular access. The building is oriented on the site in a balanced manner with parking along the side and rear of the site and water - efficient landscape in front. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood/community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted; The Orr Tract is comprised of industrial buildings. The proposed industrial building is a simple design and will create a visual harmony within the neighborhood. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens, towers or signs) and effective concealment of all mechanical equipment; The building is proposed below the allowable height of thirty feet and the parapet wall and screening will conceal any mechanical equipment. 4. Building design, materials and colors to be sympathetic with desert surroundings; AND 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures, which are visible simultaneously, AND The building is designed with simple rectangular masses. Door and window architectural features are designed in a contemporary style. The proposed color palette is muted and reflects colors found in the surrounding mountains and desert vegetation. 6. Consistency of composition and treatment; The building is consistent in style, colors and design features to other industrial buildings within the Orr Tract. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials; Planning Commission Resolution No. 6214 Case No.3.3487-MAJ — Lloyd Pest Control July 13, 2011 Page 4 of 4 The vacant site contains a scattering of indigenous insignificant plant material. There are no specimen trees to preserve. The landscape design proposes drought tolerant trees, shrubs and groundcover. 8. Signs and graphics, as understood in architectural design including materials and colors, A separate sign program will be required; however none have been submitted at this time. Any future sign applications must conform to the Palm Springs Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby determines that a pest control service use is similar to other uses permitted in the M-2 Zone and approves Major Architectural Application Case No. 3.3487—MAJ for the construction of a 2,420-square foot industrial building parking and landscaping at the vacant lot located at 19161 Newhall Street, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED this 13th day of July 2011. AYES: 5, Munger, Donenfeld, Hudson, Roberts and Chair Caffery NOES: None ABSENT: 2, Conrad and Klatchko ABSTAIN: None ATTEST: g,Wing, AI Dire&o6f Plann' g ervices CITY OF PALM SPRINGS, CALIFORNIA RESOLUTION NO. 6214 EXHIBIT A Case 3.3487 MAJ Lloyd Pest Control 19161 Newhall Street July 13, 2011 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 3.3487-MAJ, except as modified by 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 Planning Division, except as modified by the conditions below. ADM 3. Conform to all Codes and Re ulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 3.3487-MAJ. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 2 of 18 July 13, 2011 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 on Approval. Approval of the Major Architectural Application (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. 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 112% for commercial projects or 1I4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Zoning and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. U W Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 3 of 18 July 13, 2011 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. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV1 Coachella Valley Multiple -Species Habitat Conservation Plan CVMSHCP Local Development Permit Fee LDMF required. All projects within the City of Palm Springs are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV2 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. 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 or designee 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. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 4 of 1 July 13, 2011 PLN 4. Flat Roof Requirements. Roof materials on flat roofs must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 and minimum initial solar reflectance of 0.70. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 5. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 6. 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 7. 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 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 employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 11. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities on site for use by residents and commercial/retail patrons and owners. Location and design shall be approved by the Director of Planning. POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section Il 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. Resolution No. 5214 Conditions of Approval Page 5 of 18 Case 3.3487-MAJ — Lloyd Pest Control July 13, 2011 ENGINEERING DEPARTMENT CONDITIONS Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. NEWHALL STREET ENG 2. Remove street improvements as necessary to construct a 24 feet wide driveway approach centered on the south property line of the project parcel, in accordance with City of Palm Springs Standard Drawing No. 201. ENG 3. Construct a 5 feet wide sidewalk behind the existing curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 4. All broken or off grade street improvements shall be repaired or replaced. ONSITE ENG 5. Construct a 24 feet wide driveway centered on the south and west property lines of the project parcel (identified by Assessor's Parcel No. (APN) 666-402-008), for joint use between the project parcel and those parcels identified by APN 666-402-010, APN 666-402-009, and APN 666-402-007, as shown on the approved site plan. ENG 6. The minimum pavement section for all on -site pavement (driveway, drive aisles, parking spaces, etc.) shall be 2-112 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. Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 6 of 1 July 13, 2011 ENG 7. The applicant shall provide a copy of an executed and recorded reciprocal access agreement and easement for the joint use of the minimum 24 feet wide common driveway located on Lots 46, 47, 32, and 33 of Parcel Map No. 20820 as shown on the approved project site plan, prior to approval of a grading plan. SANITARY SEWER ENG 8. This project is subject to the requirements of the Mission Springs Water District (MSWD). Provisions for public sanitary sewer service must be arranged for directly with MSWD. The applicant should contact MSWD at 760-329-6448 and determine what requirements MSWD may have for provisions of sanitary sewer service to the property. ENG 9. The City recommends that the applicant contact the Riverside County Health Department for requirements related to the construction of private septic systems for non-residential uses. Private septic systems may now require additional environmental requirements and/or permits from Riverside County and the Regional Water Quality Control Board. GRADING X ENG 10. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving 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 Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that has 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 Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 7 of 18 July 13, 2011 www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Grading plan. b. The first submittal of the Precise Grading and Paving 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 project -specific Water Quality Management Plan. ENG 11. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla - Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. ENG 12. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 13. 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 14. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on -site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. ENG 15. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. Resolution No- 6214 Conditions of Approval Page 8 of 18 Case 3 3487-MAJ — Lloyd Pest Control July 13, 2011 ENG 16. In accordance with the errata sheet (dated January 7, 2011) for the 2010 California Green Building Standards Code Section 5.106.1, newly constructed non-residential projects causing soil disturbance less than one acre in area, shall prepare and implement a project -specific stormwater soil loss prevention plan (SWSLPP) in accordance with the requirements for preparation of a stormwater pollution prevention plan (SWPPP) from the General Permit for Stormwater Discharges Associated with Construction Activity (Water Quality Order 2009-0009- DWQ as modified September 2, 2009). The SWSLPP should cover prevention of soil loss by stormwater runoff and/or wind erosion, of sedimentation, and/or of dust/particulate matter air pollution. The applicant does not have to attain a Water Discharge Identification No. (WDID) for coverage under the General Permit for Stormwater Discharges Associated with Construction Activity, but shall implement best management practices as noted in the errata sheet. A copy of the up-to-date SWSLPP shall be submitted to the City Engineer prior to approval of the grading plan and shall be kept at the project site and be available for review upon request. ENG 17. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. ENG 18. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. ENG 19. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the Geotechnical/Soils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 20. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan, to the Engineering Division prior to construction of any building foundation. Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 9 of 18 July 13, 2011 ENG 21. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan. The California Department of Food and Agriculture office is located at 73- 710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). WATER QUALITY MANAGEMENT PLAN ENG 22. This project will be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre -treating contaminated stormwater and non-stormwater runoff, will be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre -treat contaminated stormwater 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 23. 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 within the underground parking garage and the on -site private drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 24. Prior to issuance of any grading or building permits, the property owner 0 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 Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 10 of 18 July 13, 2011 Project -Specific WQMP. Other alternative instruments for requiring implementation of the approved Final Project -Specific WQMP include: requiring the implementation of the Final Project -Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&R's); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project -Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to the issuance of any grading or building permits. ENG 25. Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project -Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project - Specific WQMP are available for the future owners (where applicable). ENG 26. For industrial facilities subject to the General Permit for Stormwater Discharges Associated with Industrial Activity as defined by the Standard Industrial Classification (SIC) code, prior to issuance of certificate of occupancy (OR of "final" approval by City), the applicant shall demonstrate that General Permit coverage has been obtained by providing a copy of the Notice of Intent submitted to the SWRCB and a copy of the notification of the issuance of a Waste Discharge Identification (WDID) Number or other proof of filing. DRAINAGE ENG 27. 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 (BMP's). ENG 28. In accordance with the Parcel Map No. 20820 Environmental Constraint Sheet, the grades within the 55-feet wide half -street drainage way designed as part of Newhall Street, must be maintained near the existing elevations. The 55 feet wide area shown as "subject to flooding" on the Environmental Constraint Sheet shall be kept free of obstructions (including flow restricting fencing or walls). Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 11 of 18 July 13, 2011 ENG 29. In accordance with the Parcel Map No. 20820 Environmental Constraint Sheet, all new buildings should be flood proofed to a height of 18 inches above the surrounding ground. GENERAL ENG 30. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfiiled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e., Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off - site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off -site streets, at the discretion of the City Engineer. The pavement condition of the existing off -site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. ENG 31. All proposed utility lines shall be installed underground. ENG 32. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 33. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 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 Division 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. Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ -- Lloyd Pest Control Page 12 of 18 July 13, 2011 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. ENG 37. 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. TRAFFIC ENG 38. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. 0 ENG 39. 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 for Streets and Highways, dated September 26, 2006, or subsequent editions in force at the time of construction. ENG 40. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS These Fire Department conditions may not provide all requirements. Detailed plans are still required for review. FID 1. These conditions are subject to final plan check and review. Initial fire department conditions have been determined on the site plan dated April 18, 2011 Additional requirements may be required at that time based on revisions to site plans. FID 2. Fire Department Conditions were based on the 2010 California Fire Code. Four complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 13 of 18 July 13, 2011 FID 3. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan or drawing, and an electronic version in an industry standard file format capable of being used in a geographical information system (GIS) preferably an ESRI shape file(s) shall be provided to the fire department. The GIS file shall be projected in the California State Plane Zone VI coordinate system and capable of being re -projected into the North American Datum 1983 coordinate system. PDF files by themselves will not meet this requirement. The GIS and ESRI shape file(s) shall clearly show all access points, fire hydrants, KNOXTm box locations, fire department connections, dwelling unit or suite identifiers, main electrical panel location(s), sprinkler riser and fire alarm locations. Industry standard symbols used in emergency management and pre -fire planning are encouraged. Large projects may require more than one page. AutoCAD files will be accepted but.must be approved prior to acceptance. FID 4. PLANS AND PERMITS When there are significant changes in occupancy, water supply, storage heights, type, and quantity of storage, storage configurations, Tenant Improvements or any other changes which may affect the fire sprinkler system design, the owner, tenant or contractor shall submit plans and secure permits. Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Plan reviews can take up to 20 working days. Submit a minimum of four (4) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain two sets. Plans shall be submitted to: City of Palm Springs Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: M — TH, 8:00 AM — 11:00 AM and 2:00 PM — 6:00 PM A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. The minimum fee is $ 208.00. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be �+ UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 14 of 1 July 13, 2011 Plans shall indicate all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supportive data (calculations and manufacturer's technical data sheets) shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. FID 5. Trash Dumpster (CFC 304.3.3) Dumpsters and containers with an individual capacity of 1.5 cubic yards [40.5 cubic feet (1.15 m3)] or more shall not be stored in buildings or placed within 5 feet (1524 mm) of combustible walls, openings or combustible roof eave lines. Exceptions: 1. Dumpsters or containers in areas protected by an approved automatic sprinkler system installed throughout in accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3. 2. Storage in a structure shall not be prohibited where the structure is of Type I or IIA construction, located not less than 10 feet (3048 mm) from other buildings and used exclusively for dumpster or container storage. FID 6. 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 20 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 7. Access Road Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an unobstructed width of not less than 20 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. Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 15 of 18 July 13, 2011 FID 8. Fire Apparatus Access Gates (8.04.260 PSMC): Entrance gates shall have a clear width of at least 15 feet and be equipped with a frangible chain and padlock. FID 9. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with (Sections 503 CFC) Minimum Access Road Dimensions: 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet; a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet is required for this project, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 2. Roads must be 30 feet wide when parking is not allowed on only one side of the roadway. 3. Roads must be 40 feet wide when parking is not restricted. FID 10. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an unobstructed width of not less than 20 feet except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. FID 11. Roadway Dimensions: Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 503.2.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. FID 12. Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. Decomposed granite (DG), grass, dirt, sand and other materials that can wash away, develop ruts or be dug up shall not be used. Interlocking pavers, turf block or other similar materials may be allowed, subject to the provision of proper base material and compliance with City Engineering Department compaction requirements. Prior to permit sign -off, compaction test results shall be submitted to the City Engineering Department for approval. i Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 16 of 18 July 13, 2011 FID 13. Turning radius (CFC 503.2.4): Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. Radius must be concentric. FID 14. Security Gates (CFC 503.6): The installation of security gates across a fire apparatus access road shall be approved by the Fire Chief. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UI- 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Secured non -automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of '/ inch). Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position. Residential complexes using secured automated vehicle entry gates or entries shall utilize a combination of a Tomar strobe -activated switch and an approved Knox key electric switch. Gate arms securing parking lots and parking structures shall be equipped with a fire department approved dual -keyed Knox key electric switch. When activated, the arm or arms shall open to allow fire and law enforcement access. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two -gate system is used, the override switch must open both gates. If there is no sensing device that will automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location. A final field inspection by the fire code official or an authorized representative is required before electronically controlled gates may become operative. Prior to final inspection, electronic gates shall remain in a locked -open position. FID 15. Premises Identification (505.1): New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast with their background Address numbers shall be Arabic numbers or alphabetical letters. Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 17 of 18 July 13, 2011 Numbers shall be a minimum of 4 inches high for R-3 occupancies and 6" - 12" for all other occupancies depending on distance from street with a minimum stroke width of 0.5 inch. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. FID 16. NFPA 13 Fire Sprinkler System is 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 13, 2010 Edition and using Cp of 0.74 and Ilr Ratio of 200. No portion of the fire sprinkler system shall be installed prior to plan approval. Prior to final approval of the installation, contractor shall submit a completed Contractors Material and Test Certificate for Aboveground Piping to the Fire Department. (NFPA 13: Figure 24.1) FID 17. Audible Water Flow Alarms (CFC 903.4.2): An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) to alert the occupants shall be provided in the interior of the building in a normally occupied location. FID 18. Valve and Water -Flow Monitoring (CFC 903.4): All valves controlling the fire sprinkler system water supply, and all water -flow switches, shall be electrically monitored. All control valves shall be locked in the open position. Valve and water -flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station. FID 19. Penetrations of Fire Rated Assemblies (CBC 712): Penetrations of fire sprinkler piping shall maintain fire -resistive assemblies integrity with fire rated caulking or other approved methods compatible with piping materials. FID 20, Central Station Protective Signaling Service (CFC 903.4.1): A UL listed and certified Protective Signaling Service (Central Station Service) is required. Provide the Fire Department with proof of listing and current certificate. The Fire Department shall be notified immediately of change in service. FID 21. Fire Hydrant & FDC Location (CFC 912.2): A public commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. Resolution No. 6214 Conditions of Approval Case 3.3487-MAJ — Lloyd Pest Control Page 18 of 18 July 13, 2011 FID 22. Fire Department Connections (CFC 912.2.1 & 912.3): Fire Department connections shall be visible and accessible, have two 2.5 inch NST female inlets, and have an approved check valve located as close to the FDC as possible. All FDC's shall have KNOX locking protective caps. Contact the fire prevention secretary at 760-323-8186 for a KNOX application form. END OF CONDITIONS R 101