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HomeMy WebLinkAboutPC Resolution _6310- Case 5.1289 CUPRESOLUTION NO. 6310 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1289, A CONDITIONAL USE PERMIT (CUP) TO ALLOW A COCKTAIL LOUNGE AND NIGHTCLUB AT 244 EAST AMADO ROAD. WHEREAS, Tony DiLembo and Rob Kuenzl, The Copa Room Inc. ("Applicant") has filed a Conditional Use Permit application with the City pursuant to Section 94.02.00 of the Zoning Code to allow a cocktail lounge and nightclub use in a 6,000-square foot building on a 16,514-square foot lot located at 244 East Amado Road, Zone REO, Section 14, APN: 508-031-011; and WHEREAS, a cocktail lounge and nightclub may be permitted in the REO (Resort - Entertainment -Office) Zone as depicted in the Section 14 Specific Plan with the approval of a Conditional Use Permit; and WHEREAS, the new cocktail lounge and nightclub will require a complete renovation of an existing vacant building, the Planning Commission approves exterior and site changes to include a repaint, new landscape plan, parking lot rehabilitation and other necessary alterations to the building elevations; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case No. 5.1289 — CUP was given in accordance with applicable law; and WHEREAS, on January 9, 2013, a public hearing on the application was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines; 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, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Section 94.02.00(B)(6) of the Zoning Code requires the Planning Commission not approve a Conditional Use Permit unless it finds as follows: 1. That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Planning Commission Resolution No. 6310 January 9, 2013 Case 5.1289 CUP — The Copa Room Page 2 of 3 Pursuant to the Resort -Entertainment -Office designation of the Section 14 Specific Plan in conjunction with Section 92.09.01(D)(5) of the Zoning Code, a cocktail lounge and nightclub is a permitted use within the Central Business District (CBD) Zone with the approval of a Conditional Use Permit. The use will be located in the same vicinity as other entertainment businesses. 2. That the use is necessary or desirable for the development of the community, is in harmony with the various elements or objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The use will provide entertainment and gathering space within a commercial zone in the City. The proposed use is desirable for the development of the community as it adds to the nighttime activities available in the vicinity of downtown and the Spa Resort Casino. A cocktail lounge and nightclub at the proposed location is not anticipated to be detrimental to existing uses or future uses specifically permitted in the REO designation. 3. That the site for the intended use is adequate in size and shape, to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. 0 The project will provide an adaptive reuse of a vacant building to include a repaint, new P landscaping and resurfacing of parking lot. No new square footage is proposed. The renovation will not be detrimental to existing and future permitted uses of land in the neighborhood. 4. That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. The project site is located along East Amado Road, which is designated as a major thoroughfare on the General Plan Circulation Element. The building is approximately 6,000-square feet in size and any traffic generated by the proposed use will be insignificant to the nearby streets and highways. 5. That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. Such conditions may include: a. Regulation of use b. Special yards, space and buffers c. Fences and walls d. Surfacing of parking areas subject to city specifications e. Requiring street, service road, or alley dedications and improvements or appropriate bonds Planning Commission Resolution No, 6310 Case 5.1289 CUP — The Copa Room January 9, 2013 Page 3 of 3 f. Regulation of points of vehicular ingress and egress g. Regulation of signs h. Requiring landscaping and maintenance thereof i. Requiring maintenance of grounds j. Regulation of noise, vibrations, odors, etc. k. Regulation of time for certain activities 1. Time period within which the proposed use shall be developed m. Duration of use n Dedication of property for public use o. Any such other conditions as will make possible the development of the city in an orderly and efficient manner and in conformity with the intent and purposes set forth in this Zoning Code, including but not limited to mitigation measures outlined in an environmental assessment. Conditions of Approval to provide parameters and restrictions for the use, including, but not limited to, compliance with the City Noise Ordinance, enhanced lighting in the parking lot, etc. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. 5.1289 — CUP, a Conditional Use Permit to allow a cocktail lounge and nightclub use in a rehabilitated vacant building located at 244 East Amado Road, subject to the conditions set forth in the attached Exhibit A. ADOPTED this 9{h day of January 2013. AYES: 6, Roberts, Vice Chair Hudson, Munger, Klatchko, Calerdine and Chair Donenfeld NOES: None ABSENT: 1, Weremiuk ABSTAIN: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA i wing, P Director of PI ' g Services RESOLUTION NO. 6310 EXHIBIT A Case 5.1289 CUP The Copa Room 244 East Amado Road ,January 9, 2013 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 0 ADM pp 1. Pro'ect Description. This approval is for the project described per Case � p 5.1289 CUP, except as modified by the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans 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 5.1289 CUP. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter Resolution No. 6310 Conditions of Approval 5.1289 CUP The Copa Room - 244 East Amadn Road Page 2 of 9 January 9, 2013 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 this Conditional Use Permit shall be valid for a period of two (2) years from the effective date of the approval. Once the use is implemented, the Conditional Use Permit does not have a time limit, provided the project has remained in compliance with all conditions of approval. ADM 8. Eight 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. Cause No Disturbance. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on -site. The owner and operator shall ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the ownerloperator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on -site security officers to ensure compliance with all City, State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. Resolution No. 6310 Conditions of Approval Page 3 of 9 5.1289 CUP — The Copa Room — 244 East Amado Road January 9, 2013 ADM 10. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Building and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. ADM 11. Comply with City Noise Ordinance. This use shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. ADM 12. Control of Noise. Live entertainment is permitted in the location shown on the approved floor plan only. If complaints are received, all exterior doors and windows shall be closed immediately upon request of the enforcement officer. ADM 13. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 14. Conditional Use Permit Availability. The applicant shall provide a copy of this Conditional Use Permit and approved security plan to all buyers and potential buyers. ADM 15. Maintenance of Outdoor Seating/Dining. Daily cleaning and wash down of sidewalks for any outdoor seating areas or patios will be required. PLANNING DEPARTMENT CONDITIONS PLN 1. Seating Count. The applicant shall be limited to the total number of 200 occupants inside and outside as shown in the approved plan. Any deviation from these numbers shall require prior approval by the Planning Commission. The applicant shall maintain the minimum clearance as specified by the Fire Department between the patio exit and the outdoor tables and chairs. PLN 2. Hours of Operation. The applicant shall be required to maintain the operating hours as stated on the Conditional Use Permit application. Hours of operation shall be from 5:00 PM to 2:00 AM daily. Any future modifications to the hours of operation shall require prior approval by the Planning Commission and the City reserves the right to modify or restrict the business hours based upon documented operational circumstances. 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. 0 Resolution No. 6310 Conditions of Approval Page 4 of 9 5.1289 CUP — The Copa Room - 244 East Amado Road January 9, 2013 PLN 4. Maintenance of Awnings & Projections. All awnings shall be maintained and periodically cleaned. PLN 5. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 6. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. ENGINEERING DEPARTMENT CONDITIONS STREETS ENG 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. ENG 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. E. AMADO ROAD ENG 3. Remove existing street improvements as necessary to construct a driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. ENG 4. The proposed driveway approach location is in violation of Section 93.06.00 C(15)d of the City of Palm Springs Zoning Ordinance. It calls for a minimum separation between the driveway and side lot line of 6 feet. ENG 5. After removal of existing street improvements, construct 6 inch curb and gutter to match existing, as well as 8 feet wide sidewalk behind the curb, as necessary, in accordance with City of Palm Springs Standard Drawing No. 200 and 210, respectively. ENG 6. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON -SITE ENG 7. The on -site drive aisles shall be two-way with a minimum 24 feet wide travelway. ENG 8. Parking shall be restricted along the west side of the private drive aisle, as necessary to maintain a 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs shall be installed along the drive aisles as necessary to Resolution No. 6310 Conditions of Approval Page 5 of 9 5.1289 CUP —The Copa Room — 244 East Amado Road January 9, 2013 enforce parking restrictions. The commercial development shall be responsible for P 9 regulating and maintaining required no parking restrictions. ENG 9. The minimum pavement section for all drive aisles and parking spaces 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. SANITARY SEWER ENG 10. All sanitary facilities shall be connected to the public sewer system. The existing sewer service to the property may be used for new sanitary facilities. New laterals shall not be connected at manholes. GRADING ENG 11. 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. 0 a. 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; and a copy of Soils Report. ENG 12. Note that if the existing parking area and spaces will be removed to the ground surface and replaced, then a copy of the Dust Control Plan, as well as the project - specific Water Quality Management Plan shall be submitted to and approved by the City prior to issuance of a Precise Grading Permit. In addition, a dust deposit will be collected for the site prior to issuance of Grading Permit. ENG 13. Prior to approval of a Grading Plan or issuance of any permit, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at (760) 699-6800, to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. Resolution No. 6310 Conditions of Approval 5.1289 CUP — The Copa Room 244 last Amado Road Page 6 of 9 January 9, 2013 ENG 14. Contact Desert Water Agency at (760) 323-4971 Ext. 146 to determine impacts to any existing Whitewater Mutual Water Company water lines and other facilities that may be located within the property if any. Make appropriate arrangements to protect in place or relocate any facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities from Desert Water Agency shall be submitted to the Engineering Division prior to approval of the Grading Plan. 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. ENG 16. A Geotechnical/Soils Report prepared by a Califomia 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 Division with the first submittal of a grading plan (if required) or prior to issuance of any permit. ENG 17. 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. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 18. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan, to the Engineering Division prior to construction of any building foundation. ENG 19. 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). DRAINAGE ENG 20. 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 Resolution No. 6310 Conditions of Approval 5.1289 CUP —The Copa Room — 244 East Amado Road Page 7 of 9 ti ynu,-�ry 9, 2013 without first intercepting and treating with approved Best Management Practices (BMP's). GENERAL ENG 21. Any utility trenches or other excavations within existing asphalt concrete pavement of off -site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off -site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, 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 22. All proposed utility lines shall be installed underground. 0 ENG 23. 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 24. 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 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 by the City Engineer. ENG 25. 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. ENG 26. 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. 0 Resolution No. 6310 Conditions of Approval Page 8 of 9 5.1289 CUP — The Copa Room — 244 East Amado Road January 9, 2013 ENG 27. 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. TRAFFIC ENG 28. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. ENG 29. 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 January 13, 2012, or subsequent editions in force at the time of construction. ENG 30. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS FID 1. Premises Identification (CFC 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 numerals or alphabet letters. Numbers shall be a minimum of 4" high with a minimum stroke width of 0.5". FID 2. Identification (CFC 510.1): Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, nr other fire detection, suppression or control elements shall be identified for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location, shall be constructed of durable materials, permanently installed and readily visible. FID 3. KNOX Access: 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 a Knox Box Vault will be required. Knox Box shall be mounted at 5 feet above grade at main entrance. Contact the Fire Department at (760) 323-8186 for a Knox application form. FID 4. NFPA 13 Fire Sprinkler System is Required:As per Ordinance 1736 "An approved fire sprinkler system shall be installed in every Group A Occupancy per 903.2.1 including those that result from a change of use in an existing Resolution No. 6310 Conditions of Approval Page 9 of 9 5.1289 CUP — The Copa Room — 244 East Amado Road January 9, 2013 building or portion thereof'. You must maintain your current Fire Sprinkler v system. FID 5. 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 6. Fire Alarm System: Maintain current Fire alarm system and shall comply with the requirements of NFPA 72, 2002 Edition. FID 7. Portable Fire Extinguisher (CFC 906.1): Portable fire extinguishers shall be installed. Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Portable fire extinguishers shall not be obstructed or obscured from view. Portable fire extinguishers shall be installed so that the top is not more than 5 feet above the floor. FID 8. Exit Analysis Plan: Submit an occupancy analysis plan and exit analysis plan prepared by an accredited architect to the Palm Springs Fire Department and the Palm Springs Department of Building and Safety for approval. Include a detailed floor plan listing room dimensions, occupancy uses, exit locations, exit sizes, exit paths and occupant loads. It will be necessary to include your outside patio area in this analysis if you plan to occupy this space. The Senior Building Official will make the final decision based on the analysis plan submitted. All assembly rooms with an occupant load greater than 50 shall have a posted occupant load sign in each room. Please submit a copy of the approved occupant load for the fire department files. POLICE DEPARTMENT CONDITIONS POL 1. Security Plan. Within thirty (30) days of approval of the Conditional Use Permit, the applicant and property owner shall agree, in writing, to comply with a security plan that has been approved by the Chief of Police. The property owner or his/her designee shall ensure compliance with the approved security plan at all times. If the Chief of Police has determined that there are continual violations of the security plan, the Conditional Use Permit may be revoked by the City Council, pursuant to Section 94.02.00 of the Zoning Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS