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HomeMy WebLinkAbout20037 - RESOLUTIONS - 5/2/2001 RESOLUTION NO. 20037 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ' PALM SPRINGS, CALIFORNIA, RECOMMENDING APPROVAL OF CASE NO. 5.0860-PLANNED DEVELOPMENT DISTRICT NO. 266 TO ALLOW FOR THE DEVELOPMENT OF A 6-UNIT MULTI-FAMILY RESIDENTIAL COMPLEX PROPOSED ON 1.37 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF INDIAN CANYON DRIVE AND ALEJO ROAD, R-3 ZONE, SECTION 11. WHEREAS, Nick Dibari, the applicant, has filed an application with the City pursuant to Section 9402.00 and 9403.00 of the Zoning Ordinance, Case No. 5.0860 Planned Development District No. 266 for the development of a 6-unit multi-family residential complex proposed on 1.37 acres of land located on the northeast corner of Indian Canyon Drive and Alejo Road, R-3 Zone, Section 11; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider the application for Case No. 5.0860 Planned Development District No. 266 was given in accordance with applicable law; and WHEREAS, on March 14, 2001, a public hearing on the application for Case No. 5.0860 Planned Development District No. 266 was held by the Planning Commission in accordance with applicable law; and WHEREAS, on March 14, 2001, the Planning Commission voted to recommend approval (6-0; one abstention) to the City Council through adoption of its Resolution No. 4736; and WHEREAS, pursuant to Government code Section 66452.3, city staff prepared a written report for the City Council with the Planning Commission recommendation that the Case No. 5.0860 Planned Development District No. 266 be approved, and that a copy of that report was served upon the applicant prior to the aforementioned meeting; and WHEREAS, the City Council 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 CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to CEQA, the Planning Commission finds as follows: This Planned Development District is categorically exempt from environmental assessment per Sections 15303, multi-family residences of six dwelling units or less within an urbanized area, and per Section 15332, in-fill development projects, of the California Environmental Quality Act (CEQA). ' Section 2: Pursuant to Section 9403.00 of the Zoning Ordinance, the City Council finds that with the incorporation of those conditions attached in Exhibit A. a. The use applied for at the location set forth in the application is properly one for which a Planned Development District is authorized by the City's Resolution 20037 Page 2 Zoning Ordinance. The proposed Planned Development District application for a 6-unit multi-family ' residential complex is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. b. The proposed Planned Development District is consistent with the applicable general and specific plans. The subject properties are designated as C-B-D (Central Business District) on the City's General Plan Land Use Map and R-3 (Large-Scale Hotel and Multiple- Family Residential) pursuant to the Zoning Map. The objective of the C-B-D General Plan Designation is to allow or conditionally permit a strong residential base in and around the downtown area. The proposed use fits within the broad range of uses typically allowed in the Central Business District General Plan and Zoning Ordinance categories. The project is consistent with the General Plan. C. The use applied for 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 proposed Planned Development District will provide additional housing within the area and beautify the area by adding landscaping and other improvements ' along Indian Canyon Drive and Alejo Road. The project is in harmony with the various elements and objectives of the City of Palm Springs General Plan and is not detrimental to existing uses specifically permitted in the zone in which the proposed use is to be located. d. The design or improvements of the proposed planned development are consistent with the General Plan. The subject property is zoned R-3 (Large Scale Hotel and Multiple Family Residential) and is designated C-B-D (Central Business District) pursuant to the General Plan Land Use Map. The project design and improvements will a beneficial improvement for the neighborhood and will be compatible with the General Plan and with the existing land uses within the vicinity. e. The site is physically suitable for the type of development contemplated by the proposed planned development. Specific development standards of the R-3 (Large Scale Hotel and Multiple Family Residential) Zone such as setback, building heights and wall heights have been contemplated. The proposed design complements the area and the proposed relief from the property development standards is consistent with development patterns within the neighborhood. This site is physically suitable for the type of development contemplated by the proposed Planned Development. , f. The site is physically suitable for the proposed density of development contemplated by the proposed development. Resolution 20037 Page 3 The project has been designed to comply with the density standards of the R-3 zone. The application proposes six (6) units on a site which could allow up to 22 units by right of zone. Therefore this site is physically suitable for the proposed ' density. g. 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 proposed planned development is bordered on three sides by roadways, two of which are major thoroughfares, and one of which is a private street. To address future cumulative traffic issues in the immediate area, the perimeter streets will be required to be dedicated and developed to their full ultimate half- street widths, consistent with the goals, policies and objectives of the City's General Plan. The payment of Transportation Uniform Mitigation Fund (TUMF) fees will be required upon issuance of building permits. With the above items incorporated into the recommended Conditions of approval for the project (Exhibit A), the vehicular circulation system will not be negatively impacted by trips generated from this project. The required dedication of right-of-way and improvements will provide safety benefits to the property owners and will aesthetically enhance the neighborhood. h. The conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare, including any minor modifications of the zone's property development standards. All proposed conditions of approval are necessary to ensure public health and safety, including, but not limited to, the requirements for public street improvements, landscape and wall treatments along the project perimeter and appropriate on-site lighting. i. A nexus and rough proportionality have been established for requirement of dedication of the additional right-of-way to the City and the off-site improvements as related to the Planned Development District. The conditions requiring off-site improvements which are required by City ordinances are related to the proper function of the project in the proposed location. The residents will utilize Via Colusa to access the site. Conditions of approval require full street improvements along Indian Canyon Drive and Alejo Road frontages, including the installation of improvements such as curbs, gutters and sidewalks. All of the required off-site improvements will provide direct and immediate safety benefits to the residents and owners of the proposed project and the requirements will provide for an aesthetically pleasing site for its users to enjoy. The requirement improvements are in rights-of-way immediately adjacent to the site, which must be utilized by those accessing the subject site. Transportation Uniform Mitigation Fund (TUMF) fees will be required to be paid upon issuance of building permits for the project to mitigate additional traffic ' generated by the project. ly� � Resolution 20037 Page 4 NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the City Council hereby approves Case No. 5.0860-PD-266 subject to those conditions set forth in the attached Exhibit A, which are to be satisfied prior to issuance of building permits for the ' project, unless otherwise specified. ADOPTED this 2nd day of May 2001. AYES: Members Hodges, Jones, Reller-Spurgin and Mayor pro tem 0den NOES: None ABSTAIN: None ABSENT: Member Kleindienst ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: e Resolution 20037 Page 5 EXHIBIT A May 02, 2001 ' Case No. 5.0860-PD-266 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, 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. PLANNING DEPARTMENT: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. 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 5.0860-PD-266. 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 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 judgement or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. The appeal period for this application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 4. The final development plans shall be submitted in accordance with Section 94.03 of the Zoning Ordinance. Final development plans shall include the following: site plan, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, walls, fencing, retaining walls and all gates, exterior lighting plans, sign program, site cross sections, property development standards, design plans ' and street improvement plans for Indian Canyon Drive and Alejo Road and other such documents as required by the Planning Commission and/or City Council. Final development plans shall be submitted to the Planning Commission for approval within two (2) years of the City Council approval of the preliminary planned development district. g N ` Resolution 20037 Page 6 5. Pursuant to Section 93.04.1.1, if the owners of the property have: not commenced substantial construction within six (6) months from the date of the final development , plan as approved by the Planning Commission, the Planned Development District shall become null and void. For good cause shown by the property owner, the Planning Commission may extend the six (6) month period required for commencing construction. 6. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Building prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 7. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning and Building for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 8. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 9. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 10. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep. The irrigation system shall be field tested prior to final approval of the project. Section 14.24.020 of the Municipal Code prohibits nuisance water from entering the public streets, roadways or gutters. 11. 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 per City of Palm Springs Engineering specifications. 12. In accordance with Planning Commission Resolution No. 1503, dated November 18, 1970, the developer is required to plant palm trees (14 feet from ground to fronds in height) 60 feet apart along the entire frontage of Indian Canyon Drive. These trees or tree shall match the type and scale of the adjacent palm trees along Indian Canyon Drive. 13. The applicant prior to issuance of building permits shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning and Building for approval in a form to be approved by the City Attorney, to be recorded prior to issuance of occupancy permits. The CC&R's shall be enforceable by the City, shall not be amended without City approval, shall require maintenance of all property in a good condition and in accordance with all ordinances, and shall include the following special conditions: The applicant shall submit a deposit to the City of Palm Springs for the review of the CC&R's by the City Attorney. /yi4lo Resolution 20037 Page 7 14. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 15. No exterior down spouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 16. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 17. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval by the Director of Planning and Building prior to issuance of building permits. 18. The street address numbering/lettering shall not exceed eight inches in height per section 19. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Building Official. 20. An exterior lighting plan in accordance with the Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the ' Director of Planning & Building prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building, in the landscaping, and in the parking lot shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. 21. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 22. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in- lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single- family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning and Building 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. 23. Details of pool fencing (material and color) and equipment area shall be submitted with final landscape plan. 24. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the /YA// Resolution 20037 Page 8 frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 25. Handicapped accessibility shall be indicated on the site plan to include the location , of the handicap parking space, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 26. The finish on the building walls and block walls shall be submitted for final approval to the satisfaction of the Director of Planning and Building. (A smooth plaster finish is desirable). 27. The wall and pilasters located on Alejo Road shall be located out of the right-of-way and shall include tree wells and/or shall undulate to give relief to this elevation. 28. Per Section 9301.00.F.6.b of the City zoning ordinance, the waterline of the swimming pool shall be a minimum of five (5)feet from any property line. 29. A reciprocal access agreement between the two (2) properties shall be submitted for review and approval of the Director of Planning and Building and the City Attorney. 30. Submit window details for review and approval of the Department of Planning and Building. 31. A pathway in the rear yard leading to the pool area shall be added to accommodate all residences to the satisfaction of the Director of Planning and Building. 32. The 2-piece roofing tile should include a minimum of 60% mud between tiles. ENGINEERING DEPARTMENT: " Off-Site Improvements Approved For Deferral By Covenant STREETS 1. The Engineering Department recommends deferral of off-site improvement ITEMS 8 thru 9, and 11 at this time due to lack of full improvements in the immediate area. The developer shall enter into a covenant agreeing to construct all mentioned improvements along the entire frontage upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be submitted with the: Grading Plan. The Grading Permit will not be issued until completion of the covenant. 2. Any improvements within the street right-of-way require a City of Palm Springs Encroachment Permit. Work shall be allowed according to Resolution 17950 - Restricting Street Work on Major,and Secondary Thoroughfares. 3. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Department. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. Resolution 20037 Page 9 Minimum submittal shall include the following, IF applicable: A. Copy of signed Conditions of Approval from Planning Department. ' B. All agreements and improvement plans approved by City Engineer, IF applicable. C. Proof of processing dedications of right-of-way, easements, encroachment agreements/licenses, covenants, reimbursement agreements, etc. required by these conditions. INDIAN CANYON DRIVE NORTH 4. Dedicate an additional right-of-way of 20 feet to provide the ultimate half street width of 50 feet along the entire frontage, together with a property line - corner cut-back at the SOUTHWEST corner of the subject property in accordance with City of Palm Springs Standard Drawing No. 105. 5. The developer shall obtain an Encroachment Agreement from the City Engineer to construct 6 foot high slump stone block wall along the Indian Canyon Drive North frontage of the property and shall agree to relocate said structure upon the request of the City Engineer at such time as deemed necessary. The Encroachment Agreement shall be submitted with the Grading Plan. The Grading Permit will not be issued until completion of the Agreement. ' 6. The driveway approach shall be constructed in accordance with City of Palm Springs Standard Drawing No. 201 and have minimum width of 30 feet measured from the existing north curb face on APN 507-192-002 (replacing existing improvements for Via Colusa now vacated). 7. Construct a minimum 4 foot wide sidewalk behind the curb to match existing sidewalk as required along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 8. Construct an 8 inch curb and gutter, 38 feet EAST of centerline along the entire frontage, with a 35 foot radius curb return at the SOUTHWEST corner of the subject property per City of Palm Springs Standard Drawing No. 200. 9. Construct a minimum 8 foot wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 10. Construct a curb ramp meeting current California State Accessibility standards at the SOUTHWEST corner of the subject property per City of Palm Springs Std. Dwg. Nos. 212 and 212A. 11. Remove and replace existing pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire frontage in accordance with City of Palm Springs Standard /y�/3 Resolution 20037 Page 10 Drawing No. 340. The pavement section shall be designed, using "R" values, by a licensed Soils Engineer and submitted to the City Engineer for approval. , 12. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall be repaired or replaced. ALEJO ROAD EAST 13. Dedication of half-street right-of-way is required to an ultimate width of 50 feet along the south portion of the east half of APN 507-195-012 (also known as Palm Springs Estates, Lot 3) in accordance with City of Palm Springs Standard Drawing No. 105 14. Construct an 8 inch curb and gutter, 38 feet NORTH of centerline along the entire frontage of APN 507-195-012 per City of Palm Springs Standard Drawing No. 200. 15. Construct a temporary 6 inch asphalt curb taper, 88 feet in length starting at a point on the proposed curb and gutter 69 feet west of the east property line and extending southeasterly ending at the existing edge of pavement per City of Palm Springs Standard Drawing No. 200-A1-8. ' 16. Construct a minimum 5 foot wide sidewalk behind the curb along the entire frontage of APN 507-195-012 and 016 in accordance:with City of Palm Springs Standard Drawing No. 210. , 17. Construct AC pavement with a minimum pavement section of 5 inch asphalt concrete pavement over 4 inch aggregate base with as minimum subgrade of 24 inches at 95% relative compaction, OR equal, from edge of proposed gutter to clean sawcut edge of existing pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 340. The pavement section shall be designed, using "R"values, by a licensed Soils Engineer and submitted to the City Engineer for approval. 17A. All broken or off grade CURB, GUTTER, AC PAVEMENT AND SIDEWALK shall be repaired or replaced. SANITARY SEWER 18. Connect all sanitary facilities to the City sewer system. Lateral shall not be connected at manhole. GRADING 19. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Grading Plan. 20. Submit a Grading Plan prepared by a Registered Professional to the Engineering Department for plan check. Grading plan shall be submitted to the Planning Department for comments prior to submittal to the Engineering Department. The Grading Plan shall be approved by the City Engineer prior lyt4ly Resolution 20037 Page 11 to issuance of any grading or building permits. Minimum submittal includes the following: ' A. Copy of Planning Department comments regarding the grading plan. B. Copy of signed Conditions of Approval from Planning Department. C. Copy of Site Plan stamped approved and signed by the Planning Department. D. Copy of Title Report prepared/updated within past 3 months. E. Copy of Soils Report, IF required by these conditions. 21. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide and 6" deep -to keep nuisance water from entering the public streets, roadways, or gutters. 22. In accordance with City of Palm Springs Municipal Code, Section 8.50.00, the developer shall post with the City a cash bond of two thousand dollars ($2,000.00) per acre for mitigation measures of erosion/blowsand relating to his property and development. 23. A soils report prepared by a licensed Soils Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed site. A copy of the soils report shall be submitted to the Building Department and to the Engineering Department along with plans, calculations and other information subject to approval by the City Engineer prior to the issuance of the grading permit. 24. Contact the Building Department to get PM10 requirements prior to request for grading permit. 25. 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 an engineered grading plan and the export of native soil from the site 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) or a verbal release from that office prior to the issuance of the City grading permit. The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert. (Phone: 760-776-8208) DRAINAGE ' 26. The developer shall accept all flows impinging upon his land and conduct these flows to an approved drainage structure. On-site retention/detention or other measures approved by the City Engineer shall be required if off-site facilities are determined to be unable to handle the increased flows Resolution 20037 Page 12 generated by the development of the site. Provide calculations to determine if the developed Q exceeds the capacity of the approved drainage carriers. 27. The project is subject to flood control and drainage implementation fees. , The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. ON-SITE 28. The minimum pavement section for all on-site driveways (inclusive of the south portion of the vacated Via Colusa) and parking areas shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum subgrade of 24 inches at 95% relative compaction, OR equal. The pavement section shall be designed, using "R"values, determined by a licensed Soils Engineer and submitted with the Fine Grading Plan to the City Engineer for approval. 29. The on-site parking lot shall be constructed in accordance with City of Palm Springs Zoning Ordinance, Section 9306.00. 30. The property owner shall enter into a reciprocal access agreement with the owner(s), master lease and all sub-leases of the adjacent property to the north and provide a copy of same to the City Engineer prior to issuance of building permit. GENERAL 31. Any utility cuts in the existing off-site pavement made: by this development shall receive trench replacement pavement to match existing pavement plus one additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement shall be restored to a smooth rideable surface. 32. All proposed utility lines on/or adjacent to this project shall be undergrounded prior to issuance of a Certificate of Occupancy. 33. All existing utilities shall be shown on the grading/street plans. The existing and proposed service laterals shall be shown from the main line to the property line. The approved original grading/street plans shall be as-built and returned to the City of Palm Springs Engineering i Department prior to issuance of the certificate of occupancy. 34. The developer is advised to contact all utility purveyors for detailed requirements for this project at the earliest possible date. 35. The developer shall take every precaution needed to 'Protect-in-Place" any existing Whitewater Mutual Water Company water line(s) that may traverse his project. 36. 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 Standard Drawing No. 203. AM AV Resolution 20037 Page 13 37. 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 per City of Palm Springs Engineering specifications. ' MAP 38. The existing lots or parcels shall be combined. The developer shall submit a lot line adjustment prepared by either a Registered Civil Engineer or a Licensed Land Surveyor to the Engineering Department. This condition shall be complied with before issuance of grading or building permits. 39. A copy of a Title Report prepared/updated within the past 3 months and copies of record documents shall be submitted to the City Engineer with the first submittal of the Lot Line Adjustment. TRAFFIC 40. The developer shall provide a minimum of 48 inches of sidewalk clearance around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility. The developer shall provide same through dedication of additional right-of-way and widening of the sidewalkor shall be responsible for the relocation of all existing traffic signal/safety light poles, conduit, pull boxes and all appurtenances located on the INDIAN CANYON DRIVE NORTH and ALEJO ROAD EAST frontages of the subject property. ' 41. Construction signing, lighting and barricading shall be provided for on all projects 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 State of California, Department of Transportation, "MANUAL OF TRAFFIC CONTROLS FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or subsequent additions in force at the time of construction. 42. This property is subject to the Transportation Uniform Mitigation Fee based on the RESIDENTIAL MULTI-FAMILY ITE Code B land use. POLICE DEPARTMENT: 27. Developer shall comply with Section II of Chapter 8.04 of the Palm Springs Municipal Code. WASTE DISPOSAL SERVICES: 28. The location of the trash enclosure is acceptable subject to approved construction details approved by the Director of Building and Safety consistent with approved City details. FIRE DEPARTMENT: 29. Construction Requirements - Construction shall be in accordance with the 1998 California Fire Code, 1998 California Building Code, 1996 National Electrical Code, Palm Springs Ordinance 1570, 1998 NFPA Standards, California State License Board, Desert Water Agency requirements Plus UL/CSFM listings and approvals. 1017 Resolution 20037 Page 14 30. Site Protection - Provide domestic water hose(s) with adjustable spray nozzle(s) able to reach all combustible materials and construction. 31. Premises Identification -Approval number or addresses shall be plainly visible and , legible from the street or road fronting the property per the '1998 California Building Code. Contact building official. 32. Construction Site Fencing - Provide construction site fencing. Fire apparatus emergency access gates shall be at least 14 feet in width and equipped with a frangible chain and padlock. 33. Fire Sprinklers -A Fire Sprinkler System with 24 hour monitoring is required. Installation shall be accordance with City of Palm Springs Ordinance 1570 and NFPA 13R and local requirements. 34. C-16 Fire Sprinkler Contractor- Fire sprinkler systems shall) only be designed and installed by a C-16 Fire Sprinkler Contractor licensed by the: California Contractors State License Board. 35. Smoke Detectors - Provide Residential Smoke Detectors in accordance with the 1998 California Building Code. Contact building official. 36. Fire Extinguishers - Portable Fire Extinguishers shall be installed in accordance with the 1998 California Code. 37. Further Comments as conditions warrant. '