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HomeMy WebLinkAbout20992 - RESOLUTIONS - 7/7/2004 RESOLUTION NO. 20992 , OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.0994 - PLANNED DEVELOPMENT DISTRICT 293, SUBJECT TO THE CONDITIONS STATED IN EXHIBIT A TO ALLOW LIBERTY ESCROW TO CONSTRUCT A ONE STORY, PROFESSIONAL OFFICE BUILDING LOCATED AT 200 NORTH SUNRISE WAY, ZONE R-2, SECTION 13. WHEREAS, Liberty Escrow, (the "Applicant') filed an application with the City pursuant to section 94.03.00 of the Zoning Ordinance for a Planned Development District to allow the construction of a one story, professional office building located at 200 North Sunrise Way, Zone R-2, section 13; and WHEREAS, Liberty Escrow, (the "Applicant') agrees to the Conditions Of Approval; and WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm Springs to consider an application for case 5.0994 - Planned Development District 293 was issued in accordance with applicable law; and WHEREAS, on April 28, 2004, the public hearing on the application for Planned Development District 293 was held by the Planning Commission in accordance with applicable law; and , WHEREAS, on May 12, 2004, the public hearing on the application for Planned Development District 293 was held by the Planning Commission in accordance with applicable law; and WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to consider an application for case 5.0994 - Planned Development District 293 was issued in accordance with applicable law; and WHEREAS, on July 7, 2004, the public hearing on the application for Planned Development District 293 was held by the City Council in accordance with applicable law; 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 California Environmental Quality Act, Section 15332 (In-Fill Development) of the Public Resources Code the City Council finds that this project is categorically exempt from California Environmental Quality Guidelines (CEQA). The proposed project meets the conditions outlined for In-Fill Development. Where the project is; consistent with the General Plan and Zoning designation, ' within the City limits, project site has no value for endangered species, is served by all required utilities and would not result in significant effects related to traffic, noise, air quality or water quality. Resolution 20992 Page 2 by all required utilities and would not result in significant effects related to traffic, noise, air quality or water quality. Section 2: Pursuant to Zoning Ordinance Section 94.03.00 (Planned Development District), the City Council finds that: a. The use applied for at the location set forth in the application is properly one for which a Planed Development District is authorized by the City Zoning Ordinance. Pursuant to the Zoning Ordinance: a professional, non-medical office is authorized in the R-2 (Limited Multiple Family) zone pursuant to approval of a Type I Conditional Use Permit. The Planned Development District requests approval of reduced property development standards that include: front yard setback, rear yard setback, side yard setback, parking and open space. b. 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 professional, non-medical office building 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. The proposed professional, non-medical office building will not have a significant visual impact on the environment surrounding the site. c. The site for the intended use is adequate in size and shape to accommodate said use, including yards, setbacks, walls or fences, landscaping and other features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The site for the professional, non-medical office building, on a 0.9 acre area located at 200 North Sunrise Way is adequate in shape and size to accommodate said use, including all features required in order to adjust said use to those existing or permitted future uses of the land in the neighborhood. The stepped setbacks, building design and building height of nineteen feet (19') are adequate to minimize the visual impact of the professional, non-medical office building. d. The site for the proposed use related to streets and highways is properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. ' Traffic will enter the proposed project from two access points: a driveway from Andreas Road and a driveway from Sunrise Way, both of these driveways are new. The majority of the parking is accessed from the Resolution 20992 Page 3 Andreas Road driveway, this will reduce the number of vehicles entering and exiting directly onto Sunrise Way. Sunrise Way is a major thoroughfare and Andreas Road is a collector street. e. 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 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 application of the Uniform Building Code Seismic Safety Standards, Palm Springs Municipal Code, and the City of Palm Springs Fugitive Dust Control Ordinance. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby approves case 5.0994 — PD 293, subject to the conditions set forth in the attached Exhibit A., which are to be satisfied prior to the issuance of a Certificate of Occupancy unless otherwise specified. ADOPTED this 7th day of July 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ' ABSENT: None ABSTENTIONS: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager s�"° Reviewed and Approved as to Form: Resolution 20992 Page 4 EXHIBIT A CASE 5.0994 — PLANNED DEVELOPMENT DISTRICT 293 CONDITIONS OF APPROVAL 200 NORTH SUNRISE WAY JULY 7, 2004 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: Administrative: 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. la. 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 5.0994 — Planned Development District 293. 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 further indemnification hereunder, 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. 2. 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 Planning Services, may result in commencement of proceedings to revoke the Planned Development District 293 pursuant to Section 94.03.00 of the Zoning Ordinance. In Resolution 20992 Page 5 , addition, violations of City Codes and Ordinances will result in enforcement actions that may include citations, arrest, temporary business closure, or revocation of this permit in accordance with law. 3. That the property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation 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. 4. 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 feeing being 1/2% for commercial projects or 1/4% for residential projects with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts 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. GENERAL CONDITIONS/CODE REQUIREMENTS 5. The preliminary Planned Development District shall be valid for a period of two (2) years. The City Council, upon demonstration of good cause, may grant extensions of time to the preliminary Planned Development District. 6. The final Planned Development District shall be valid for a period of six (6) months. The City Council, upon demonstration of good cause, may grant extensions of time to the final Planned Development District. 7. The appeal period for a Planned Development District is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 8. 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 Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. 9. 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. 10. 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. Resolution 20992 Page 6 11. Any sign shall conform to the sign standard as defined in Section 92.03.01.C.9 of the Zoning Ordinance, subject to approval by the Director of Planning Services and/or designee. The proposed monument sign(s) shall conform to the sign standard as defined in Sections 92.03.01.C.9 and 93.20.00 of the Zoning Ordinance, subject to approval by the Director of Planning Services and/or designee. 12. Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the City Council, prior to issuance of building permits. 13. The street address numbering/lettering shall not exceed eight inches in height. 14. All materials on the flat portions of the roof shall be earth tone in color. 15. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 9303.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. ' 16. No exterior downspouts shall be permitted on any facade on the proposed building(s), which are visible from adjacent streets or residential and commercial areas. 17. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 18. The design, height, texture and color of building(s), fences and walls shall be submitted for review and approval prior to issuance of building permits. 19. Submit plans on the proposed trash and recyclable materials enclosure per Sections 93.07.02 of the Zoning Ordinance, subject to approval by the Director of Planning Services and/or designee, prior to issuance of a building permit. 20. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. 21. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 22. 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 frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. Resolution 20992 Page 7 , 23. The applicant shall provide all tenants with Conditions of Approval of this project. 24. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5-foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 8-foot walkway on the right side and shall be designated as "van accessible". 25. Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, 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. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 27. Islands of not less than nine feet (9') in width with a minimum of six feet (6') of planter shall be provided every ten (10) parking spaces. Additional islands may be necessary to comply with shading requirements. 28. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. A minimum of fifty percent (50%) shall be required. Details to be , provided with final landscape plan. 29. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 30. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 31. The applicant shall submit for approval, an outdoor lighting plan. Photometric shall be provided on the outdoor lighting plan and shall comply with Zoning Ordinance standards. Final Design 32. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning and Zoning prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. 33. The final development plans shall be submitted in accordance with Section 94.03.00 of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property , development standards and other such documents as required by the City Council. Final ' Resolution 20992 Page 8 development plans shall be submitted within two (2) years of the City Council approval of the preliminary planned development district. 34. An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning & Zoning prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping 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. 35. The first parking space in the south parking area, on the west side of the parking area and adjacent to Andreas Road shall be deleted to increase the setback to the parking area. 36. The screening wall along Sunrise Way shall be constructed and have a landscaped barrier between wall and parking area as per Section 93.06.00 of the Zoning Ordinance. Cultural Resources 37. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. ' 38. Given that portions of the project area are within an alluvial formation, the possibility of buried resources is increased. A Native American Monitor shall be present during all ground-disturbing activities. a) Experience has shown that there is always a possibility of buried cultural resources in a project area. Given that, a Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning Services and after the consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate and, if necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b) Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning and Zoning Department prior to final inspection. Resolution 20992 Page 9 ' BUILDING DEPARTMENT: 39. Prior to any construction on-site, all appropriate permits must be issued. FIRE: 40. Premises Identification: Approved numbers or addresses shall be provided for all new and existing buildings in such a position as to be plainly visible and legible from the street or road fronting the property. (901.4.4 CFC) 41. Building or Complex Gate Locking Devices: Locked gate(s) shall be equipped with a KNOX key switch device or Key box. Contact the fire department at 323-8186 for a KNOX application form. (902.4 CFC) 42. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is required. 43. Fire Hydrant & FDC Location: A 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. 44. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, ' accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. 45. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 46. Fire Flow: The estimated fire flow for this project is estimated to be 1500 gallons per minute for a two-hour duration. ENGINEERING DEPARTMENT: 47. The 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. 48. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 49. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. Resolution 20112 Page 10 50. Submit street improvement plans prepared by a Registered Civil Engineer to the Engineering Division. The plan(s) shall be approved by the City Engineer prior to issuance of any grading or building permits. NORTH SUNRISE WAY 51. Dedicate an additional 5 feet to provide the ultimate half street right-of-way 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. 52. DEFER BY CONVENANT: Remove the existing 6 inch curb and gutter located 32 feet east of centerline and replace with a 6 inch curb and gutter located 38 feet east of centerline along the entire frontage, with a 35 feet radius curb return at the northeast corner of the intersection of North Sunrise Way and East Andreas Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The curb shall be transitioned to match existing curb and gutter located at 32 feet east of centerline at the south side of the proposed driveway approach. Existing curb and gutter from the south side of the proposed driveway approach and along the frontage to the north property line shall be protected in place. ' 53. DEFER BY CONVENANT: Remove the existing cross gutter and spandrel and construct the north half of an 8 feet wide cross gutter and spandrel at the northeast corner of the intersection of North Sunrise Way and East Andreas Road with a flow line parallel with and 38 feet east of the centerline of North Sunrise Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 54. Remove existing curb, gutter and sidewalk and construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the proposed driveway approach shall be approximately 426 feet north of the centerline of East Andreas Road as shown on the approved site plan. 55. DEFER BY CONVENANT: Remove the existing sidewalk and construct an 8 feet wide sidewalk behind the proposed curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 56. DEFER BY CONVENANT: Remove the existing curb ramp and construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of North Sunrise Way and East Andreas Road in accordance with City of Palm Springs Standard Drawing No. 212. 57. DELETED: Construct a 14-feet wide landscaped, raised median island as specified by the City Engineer from East Andreas Road to the south edge of the proposed driveway ' approach to allow southbound left-turn ingress and protect left-turn egress from the proposed driveway approach. Provide left turn pockets as required by the City Engineer at Andreas Road. The median nose width shall be constructed 4 feet wide. The left turn Resolution 20992 Page 11 pockets shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. Landscaping and irrigation plans for the median shall be submitted to the City Engineer for review and approval, in conjunction with the associated street improvement plans. 58. 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 pavement along the entire North Sunrise Way frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 340. 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. EAST ANDREAS ROAD 59. Dedicate an additional 5 feet to provide the ultimate half street right-of-way width of 30 feet along the entire frontage. 60. Construct a 6 inch curb and gutter, 18 feet north of centerline along the entire frontage, with a 35 feet radius curb return at the northeast corner of the intersection of North Sunrise Way and East Andreas Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ' 61. Construct a 24 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the proposed driveway approach shall be approximately 91 feet east of the centerline of North Sunrise Way. 62. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 63. Remove and replace existing pavement with a minimum pavement section of 3 inch asphalt concrete pavement over 6 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 pavement along the entire East Andreas Road frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. 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 64. All sanitary facilities shall be connected to the public sewer system. Laterals shall not be connected at manholes. A maximum of one lateral shall be connected to the sewer mainline on Sunrise Way. 65. All on-site sewer systems shall be privately maintained. , Resolution 20992 Page 12 GRADING 66. Submit a Precise Grading and Paving Plan prepared by a California registered Civil Engineer or qualified Architect to the Engineering Division for review and approval. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Building Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures' as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Building Department with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact Elio Torrealba at AQMD at (909) 396- 3752, or at etorrealba@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 Building Department prior to approval of the Grading plan. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of any grading or building permits. ' a) The first submittal of the Precise Grading and Paving Plan shall include the following information: Copy of signed Conditions of Approval stamped by the Planning Department; Copy of Site Plan stamped approved and signed by the Planning Department; Copy of current Title Report; Copy of Soils Report; and a copy of the associated Hydrology Study/Report. 67. Drainage swales shall be provided adjacent to all sidewalks, 3' wide and 6" deep, to keep nuisance water from entering the adjacent street. 68. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the Precise Grading and Paving Plan for the proposed development. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Precise Grading and Paving Plan. 69. 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 Precise Grading and Paving Plan. The California Department of Food and Agriculture office ' is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). Resolution 20992 Page 13 ' DRAINAGE 70. All stormwater runoff passing through and falling onto the site shall be accepted and conveyed to an approved drainage system. On-site retention or other facilities approved by the City Engineer shall be required if off-site drainage systems are unavailable or cannot contain the increased storm water runoff generated by the development of the property. Provide a hydrology study to determine if the increased storm water runoff due to development of the site exceeds the capacity of offsite drainage systems, and to determine required storm water runoff mitigation measures for the proposed development. Final retention basin sizing and other storm water runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or change to site configuration or layout consistent with the findings of the final hydrology study. 71. 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 72. The minimum pavement section for all on-site pavements shall be 2-1/2 inch asphalt concrete pavement over 4-inch aggregate base with a minimum sub grade 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. GENERAL 73. 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. 74. All proposed utility lines shall be installed underground. 75. 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. 76. 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 certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 77. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop ' conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on-site, abutting, and/or transecting, shall be installed underground unless Resolution 20992 Page 14 specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. A detailed plan approved by the owner(s) of the affected utilities depicting all above ground facilities to be under grounded shall be submitted to the Engineering Division prior to approval of any grading plans or appropriate financial security. The existing overhead utilities across the northern portion of the east property line meet the requirement to be installed underground. The developer shall contribute up to $150,000 for the undergrounding of utilities on or adjacent to the site including undergrounding of utilities on adjacent properties: 200 Luring Drive, 227 Luring Drive, 241 Luring Drive and 255 Luring Drive. In the event the cost of undergrounding utilities exceeds $150,000 the adjacent property owners (200 Luring Drive, 241 Luring Drive and 227 Luring Drive) covenants to underground utilities shall be called and said property owners shall pay their proportionate share. 78. Nothing shall be constructed or planted in the public right-of-way 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. 79. 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 Standard Drawing No. 904. MAP 80. The existing lots shall be merged into one parcel. An application for a lot line adjustment shall be submitted to the Engineering Division for review and approval. A current title report and copies of record documents shall be submitted with the application for the Lot Line Adjustment. The application shall be reviewed and approved prior to issuance of a building permit. TRAFFIC 81. A minimum of 48 inches of sidewalk clearance shall be provided around all street furniture, fire hydrants and other above-ground facilities for handicap accessibility of the proposed sidewalk. Minimum clearance shall be provided through dedication of additional right-of-way, widening of the proposed sidewalk, or relocation of all obstructions. 82. All damaged, destroyed, or modified pavement legends and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 83. Submit traffic striping plans prepared by a California registered Civil Engineer to the Engineering Division for review and approval. All required traffic striping improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a Certificate of Occupancy.