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HomeMy WebLinkAbout21523 - RESOLUTIONS - 3/1/2006 RESOLUTION NO. 21523 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 5.1046, PLANNED DEVELOPMENT DISTRICT 232, TENTATIVE TRACT MAP 33341, AND ARCHITECTURAL DESIGN, FOR 156-AT-TAHQUITZ, A RESIDENTIAL CONDOMINIUM DEVELOPMENT WITH 156 RESIDENTIAL UNITS AND COMMON AREAS, ON A 24-ACRE PARCEL LOCATED ON THE SOUTH SIDE OF TAHQUITZ CANYON WAY, EAST OF FARRELL DRIVE AND NORTH OF BARISTO ROAD, SECTION 13, T4S, RSE, SBBM. WHEREAS, Aqua Palm Springs, LLC (the "Applicant') has filed an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, for the establishment and development of Planned Development District 232; and WHEREAS, Aqua Palm Springs, LLC (the "Applicant') has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract Map 33341; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1046, consisting of Planned Development District 232, Tentative Tract Map 33341, and project architectural approval was given in accordance w4h applicable law; and WHEREAS, on January 25, 2006, a public hearing on the application for project 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 an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented, and has recommended that the City Council adopt the Mitigated Negative Declaration, and approve Case Number 5.1046 consisting of Planned Development District 232, Tentative Tract Map 33341, and project architectural design; and Resolution No. 21523 Page 2 WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 5.1046, consisting of Planned Development District 232, Tentative Tract Map 33341, and project architectural approval was given in accordance with applicable law; and WHEREAS, on March 1, 2006, a public hearing on the application for project was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council finds that with the incorporation of proposed mitigation measures, potentially ' significant environmental impacts resulting from this project will be reduced to a level of insignificance. The City Council has independently reviewed and considered the information contained in the MND prior to its review of this Project and the MND reflects the City Councils independent judgment and analysis. Section 2: Pursuant to Section 94.03.00 (E) of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.07.00 (A)(1) and 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the goals and objectives of the M-15 Medium-Density Residential, General Plan designation which governs the subject property. General Plan Objective 3.6b is to provide for the development of between twelve and fifteen dwelling units per acre for the M-15 designation. The overall density of the proposed development is approximately 6.5 dwelling units per acre. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple- family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. , The proposed project consists of condominium units that are consistent with these policies because there is at least one covered parking spaces per unit, because individual units have private yards, because units have individualized entries within Resolution No. 21523 Page 3 clustered motor courts, and because the units have articulated exterior elevations with numerous corners and no long wall expanses. b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is suitable for the development of condominium homes. It is relatively flat and can accommodate building pads, internal streets, and drainage. Access is proposed onto two streets, Louella Road off Tahquitz Canyon Way, and Baristo Road. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The proposed establishment of the proposed planned development district is necessary to provide an updated design concept. The original design does not provide sufficient flexibility to provide a unique housing product such as is proposed. It is proper to allow this flexibility since the proposed district is not detrimental to adjacent properties. The proposed district will not be detrimental to adjacent properties or residents because streets are internal to the project, with intersection improvements to nearby streets, and because it continues a residential pattern of development in an area adjacent to other residential uses. Section 3: Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed planned development is consistent with the goals and objectives of the M-15 Medium-Density Residential, General Plan designation which governs the subject property. General Plan Objective 3.6b is to provide for the development of between twelve and fifteen dwelling units per acre for the M-15 designation. The overall density of the proposed development is approximately 6.5 dwelling units per acre. Per Objective 3.6b, appropriate residential development includes a residential development ranging from single-family homes to garden apartments and multiple- family structures. General Plan Policies 3.6.1.a-d further sets forth design standards of providing at least one covered parking space per unit, of designing common space that is usable by residents, and of providing entry identities for units. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are consistent with the underlying PD-71A zone in which the property is located. Development standards proposed as part of the planned development district provide flexibility in design details related to on-site parking, building arrangement, and building height. Although different than Resolution No. 21523 Page 4 the layout design of the original PD-71A, it is consistent in that both designs rely on clusters of housing units in a self-contained community. ' C. The site is physically suited for this type of development. The project site is flat, and is located in an area with all urban services and utilities, including streets. d. The site is physically suited for the proposed density of development. The proposed 24-acre development area of project site can accommodate 156 condominium units without significant grading, the site abuts improved public streets with existing utilities, and the site is in an area allowing access to major thoroughfares. e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The Initial Study prepared for the project determined that with implementation of proposed mitigation measures, any environmental impacts regarding project construction effects on air quality, and noise will be reduced to a level that is less than significant. f. The design of the subdivision or type of improvements is not likely to cause serious , public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, and an access system that provides an orderly system of internal driveways and motor courts. g. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision. The design of the subdivision will not conflict with easements for access through or use of the property. Any utility easements can be accommodated within the project design. Section 4: The City Council adopts the Mitigated Negative Declaration for Case Number 5.1046 — PD-232, Tentative Tract Map 33341, and project architectural approval, and directs staff to file the associated Notice of Determination. Section 5: The City Council approves Case Number 5.1046, Tentative Tract Map 33341 and project architectural approval. ADOPTED this 1st day of March, 2006. ' Resolution No. 21523 Page 5 David H. Ready, C ttg�w-nager ATTEST: �,,fines Thompson, City Clerk (:` CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21523 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on March 1, 2006, by the following 1 vote: AYES: Councilmember McCulloch, Councilmember Mills and Mayor Oden NOES: Mayor Pro Tern Foat ABSENT: Councilmember Pougnet ABSTAIN: None dames Thompson, City Clerk �diity of Palm Springs, California Resolution No. 21523 Page 6 EXHIBIT A Case No. 5.1046 — PD-232, TTM 33341 , Aqua Palm Springs, LLC South Side Tahquitz Canyon Way at Louella Road CONDITIONS OF APPROVAL March 1, 2006 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 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. PROJECT SPECIFIC CONDITIONS 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 5,1046 Tentative Tract Map 33341. 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 judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. 3. That the property owner(s) and successors and assignees in interest shall maintain , and repair the improvements including and without limitation sidewalks, bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and fences between the curb and property line, including sidewalk or bikeway easement areas Resolution No. 21523 Page 7 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. Pursuant to Fish and Game Code Section 711.4 a filing fee of $64.00 is required. This project has a de minimus impact on fish and wildlife, and a Certificate of Fee Exemption shall be completed by the City and two copies filed with the County Clerk. This application shall not be final until such fee is paid and the Certificate of Fee Exemption is filed. Fee shall in the form of a money order or cashier's check payable to Riverside County. 5. 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 or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision 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. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee. The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment 7. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: III-1 Earth-moving activities shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, per the Coachella Valley PM10 State Implementation Plan and SCAQMD Rule 403.1. Resolution No. 21523 Page 8 III-2 Adequate watering techniques shall be employed to partially mitigate the ' impact of construction-generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications. III-3 Any construction access roads should be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved road surfaces shall be 15 MPH. III-4 All trucks should maintain at least two feet of freeboard. III-5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, should be covered and washed off before leaving the site. III-6 Adjacent streets should be swept if silt is carried over to adjacent public thoroughfares. III-7 As part of the construction specifications, any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the disturbed area subject to wind erosion. Irrigation systems needed to water these plants shall be installed as soon as possible to maintain the ground cover and minimize wind ' erosion of the soil. III-8 Construction operations affecting off-site roadways shall be scheduled for off- peak traffic hours and shall minimize obstruction of through-traffic lanes. V-1 If buried cultural materials are discovered during any earth-moving operations associated with the project, all work in that area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. X-1 Noise mitigation barriers shall be constructed for units facing either Tahquitz Canyon Way or Farrell Drive as described in Section 5.2 of the Acoustical Analysis prepared by Gordon Bricken and Associates, dated December 16, 2004. Per the Analysis, these barriers may consist of either perimeter sound walls or sound abatement construction methods and mechanical ventilation. This will be accomplished at the time of building plan check. X-2 Prior to certificate of occupancy for units adjacent to either Tahquitz Canyon Way or Farrell Drive, provide documentation that units meet minimum indoor noise limits of 45 dBA CNEL. X-3 Provide disclosure to prospective future owners of units that the project ' meets the minimum code standards, but that noise is likely to be audible. ' Resolution No. 21523 Page 9 X-4 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, and the engines shall be equipped with shrouds. X-5 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. X-6 Stockpiling and vehicle staging areas shall be located in the western portion of the property, as far away from existing residential units as possible. X-7 Parking, refueling, and servicing operations for all heavy equipment and on- site construction vehicles shall be located in the northeastern portion of the property, as far away from existing residential units as possible. X-8 Stationary equipment shall be placed such that emitted noise is directed away from noise sensitive receptors. 8. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is supplemental and in addition to normal building permit and public improvement permits that may be required pursuant to the Palm Springs Municipal Code. CC&R's Q. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&Rs shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&Rs. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Final Design 11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building ' permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. Resolution No. 21523 Page 10 12. 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 Planning Commission. Final development plans shall be submitted within two (2) years of the approval of the tentative tract map. 13. 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 Services 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. No lighting of the hillside is permitted. Public Safety CFD 14. The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. ' Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General Conditions/Code Requirements 15, 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. 16. 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. 17. 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 No. 21523 Page 11 18. 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. 19. All materials on the flat portions of the roof shall be earth tone in color. 21. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 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. 22. 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. 23. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 24. 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. 25. The street address numbering/lettering shall not exceed eight inches in height. 26. 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 Director of Building and Safety 27. 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 **28. The applicant shall coordinate with staff to find a resolution regarding the potential for installing traffic calming devices along Baristo Road, from Compadre Road to Farrell Drive. *"29. The applicant shall be required to modify the proposed landscaping treatment by installing dense landscaping at the corner of Baristo Road and Farrell Drive. *"30. The applicant shall be required to modify the proposed perimeter walls of the project. *"31. The proposed motor courts shall not be required to install curbs. Resolution No. 21523 Page 12 Engineering Department: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. FARRELL DRIVE 3. Dedicate abutters rights of access to Farrell Drive along the entire frontage of the project; vehicular access to Farrell Drive shall be prohibited. 4. Sunline Transit Agency is preparing a Comprehensive Operations Analysis (COA), which may change bus routes. If, prior to approval of a grading plan, the COA has been released for public review and it proposes deletion of the bus route serving the existing bus stop at the northeast corner of Farrell Drive and Baristo Road, no improvements shall be necessary to the existing bus stop, unless otherwise specifically required by Sunline Transit Agency or the City Engineer. 5. Sunline Transit Agency is preparing a Comprehensive Operations Analysis (COA), which may change bus routes. If, prior to approval of a grading plan, the COA has not been released for public review; or if the COA has been released for public review prior to approval of a grading plan, but does not propose deletion of the bus route serving the existing bus stop at the northeast corner of Farrell Drive and Baristo Road, the applicant shall be responsible for the following: a. Dedicate additional right-of-way concentric with the back of sidewalk adjacent to the bus turn-out. b. Remove the existing curb, gutter, and sidewalk as necessary to construct a 170 feet long by 12 feet wide bus turn-out at the northeast corner of Farrell Drive and Baristo Road, in the same location as the existing bus stop. The existing bus stop shelter shall be relocated; or if required by the Director of Planning, the existing bus stop shelter shall be removed, and construction of a new bus stop shelter shall be required, with a design compatible to project architecture as reviewed by Sunline Transit Agency and approved by the Director of Planning. Bus stop furniture and other accessories, as reviewed by SunLine Transit Agency and approved by the Director of Planning, shall be provided by the applicant, as required. C. Construct an 8 feet wide sidewalk behind the curb concentric with the bus turn out in accordance with City of Palm Springs Standard Drawing No. 210. Resolution No. 21523 Page 13 d. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed bus turn out to clean sawcut edge of pavement. 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. 6. All broken or off grade street improvements shall be repaired or replaced. TAHQUITZ CANYON WAY 7. Dedicate abutters rights of access to Tahquitz Canyon Way along the entire frontage of the project; vehicular access to Tahquitz Canyon Way shall be prohibited. 8. Remove the existing curb ramp at the southwest corner of Tahquitz Canyon Way and Louella Road, and construct a Type A curb ramp in accordance with City of Palm Springs Standard Drawing No. 2.12. 9, The developer shall remove portions of the existing sidewalk as necessary to plant new Washingtonia robusta palm trees with tree wells along the Tahquitz Canyon Way frontage, at 60 feet spacing. New palm trees shall have a height consistent with other palm trees along Tahquitz Canyon Way in the vicinity, unless otherwise required by the Director of Planning. The applicant shall be responsible for installation of an irrigation system and for the perpetual maintenance of the new palm trees and other parkway landscaping along the Tahquitz Canyon Way frontage to the satisfaction of the City Engineer. (The applicant shall coordinate with staff in order to achieve the original intent of Tahquitz Canyon Way — Added by CC ON 3/1/06) 10. All broken or off-grade street improvements shall be repaired or replaced. BARISTO ROAD 11. Dedicate abutters rights of access to Baristo Road along the entire frontage of the project, excluding the 100 feet wide access point for the Main Entry; vehicular access to Baristo Road shall be prohibited. 12. Remove the existing 6 inch curb, gutter, sidewalk, and curb ramp as necessary to construct a 50 feet wide new street intersection for the Main Entry with the centerline of the Main Entry aligned with the centerline of Compadre Road. The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The Main Entry shall be constructed with a 20 feet wide ingress and egress lane separated by a raised 10 feet wide median. The median shall be located outside of public right-of-way. Resolution No. 21523 Page 14 13. The gated entry design of the Main Entry, including widths of ingress and egress lanes, shall be subject to the review and approval by the City Engineer and Fire ' Marshall. Emergency access shall be provided to the Fire Department to the satisfaction of the Fire Marshall. 14. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the secondary access in accordance with City of Palm Springs Standard Drawing No. 212. 15. All broken or off grade street improvements shall be repaired or replaced. LOUELLA ROAD (PRIVATE) 16. The applicant shall provide proof of access rights to Louella Road; documentation shall be provided to the City Engineer prior to approval of a final map. Absent documentation showing proof of access rights to Louella Road, as determined by the City Engineer, the applicant shall obtain an access easement over Louella Road as necessary to provide legal access to the project. 17. Remove the two existing driveway entrances (and curb returns) on the west side of Louella Road into the property and replace with 6 inch curb and gutter to match existing curb and gutter on each side of the two driveway entrances. 18. Remove the existing 6 inch curb and gutter as necessary to construct a 50 feet wide new street intersection for the Main Entry with the centerline of the Main Entry located approximately 125 feet south of the north property line aligned with the existing median opening in Louella Road. The street intersection shall be constructed with 25 feet radius curb returns and spandrels, and a 6 feet wide cross- gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. The Main Entry shall be constructed with a 20 feet wide ingress and egress lane separated by a raised 10 feet wide median. 19. The pMeGt shall net have gates that limit publiG aGGeSS te the internal pFivate streets. (Per P!aRR'Rg GeMMiSSIGIR'S renn...Friend-fie- at,i,. ,--,.G hearing OR Jan. 25,2006)-(Deleted per City Council directions - 3/1/06) 20. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the Main Entry in accordance with City of Palm Springs Standard Drawing No. 212. 21. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREETS 22. The on-site layout of streets and parking spaces is subject to further review and ' approval by the City Engineer. Adjustment of proposed street alignments, and deletion or relocation of proposed parking spaces may be required during review Resolution No. 21523 Page 15 and approval of construction plans for on-site improvements, as required by the City Engineer. Approval of the preliminary site plan does not constitute approval of the on-site layout of streets and parking spaces as proposed. 23. The applicant shall demonstrate that the layout of typical "motor courts" with units arranged in a pin-wheel configuration provide sufficient maneuvering area for vehicles leaving and entering the garage units, to the satisfaction of the City Engineer. Units shall be relocated and motor courts shall be enlarged, as necessary to provide additional maneuvering area, as required by the City Engineer. 24. Dedicate easements for public utility purposes, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. 25. All on-site private streets shall be two-way with a minimum 24 feet wide travelway (as measured from face of curb) where no on-street parking is proposed. 26. All on-site private streets shall be two-way with a minimum 32 feet wide travelway (as measured from face of curb) where on-street parking is proposed on one-side of the street. 27. All on-site private streets shall be two-way with a minimum 36 feet wide travelway (as measured from face of curb) where on-street parking is proposed on both sides of the street. 28. All on-site streets shall be constructed with curb and gutters to accept and convey on-site stormwater runoff, in accordance with applicable City Standards. 29. All on-site streets shall be constructed with a minimum pavement section of 2'/z 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. 30. Parking shall be restricted along both sides of the 24 feet wide on-site private streets; and parking shall be restricted along one side of the 32 feet wide on-site private streets, as necessary to maintain a minimum 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the private streets as necessary to enforce parking restrictions. The Home Owners Association (HOA) shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions (CC&R's) required for the development. ' SANITARY SEWER 31. Any existing on-site sewer improvements shall be removed as required by the City Engineer. Resolution No. 21523 Page 16 32. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 33. Construct an on-site private sewer system to collect sewage from the development and connect to the existing public sewer system. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. 34. The on-site private sewer system shall not connect to an existing sewer manhole within Baristo Road. The on-site sewer system shall connect to the sewer main with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 35. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on-site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. GRADING 36. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on ' attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Resolution No. 21523 Page 17 Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. b. The first submittal of the Precise Grading and Paving Plan shall include the j following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 37. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 38. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- 346-7491) is required for the proposed development. A copy of the executed permit shall be provided to the City Engineer prior to issuance of a grading permit. 39. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 40. A soils report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the • proposed development. Stockpiled fill existing on the site shall be addressed in the report. A copy of the soils report shall be submitted to the Building Department and to the Engineering Division prior to approval of the Grading Plan. 41. 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 (if required). The California Department of Food and Agriculture office is located at 73- 710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 42. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations Resolution No. 21523 Page 18 imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively ' intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If required, such measures shall be designed and installed on-site; and provisions for perpetual maintenance of the measures shall be provided to the satisfaction of the City Engineer, including provisions in Covenants, Conditions, and Restrictions (CC&R's) required for the development (if any). 43. The applicant is advised that the City of Palm Springs is scheduled to begin preparation of construction plans for Storm Drain Lateral 20C, extending in El Cielo Road from Ramon Road to Baristo Road, as shown on the Master Drainage Plan for the Palm Springs Area, administered by the Riverside County Flood Control & Water Conservation District (RCFC). The applicant shall be responsible for the design and construction of Storm Drain Lateral 20CA, extending in Baristo Road, from El Cielo Road to Compadre Road, as necessary to accept stormwater runoff from the project site. Prior to approval of a final map, as determined by the City Engineer based upon the City's progress with its preparation of construction plans for Storm Drain Lateral 20C, the applicant shall be required to satisfy one of the following: a. If preliminary plans have been prepared by the City for Storm Drain Lateral 20C from which the applicant may prepare its own plans for Storm Drain Lateral 20CA, the applicant shall be responsible for submitting storm drain improvement plans prepared by a California registered civil engineer to RCFC for review and approval. Prior to commencement with preparation of Storm Drain Lateral 20CA plans, the applicant shall obtain written approval from the City Engineer. The storm drain plans shall be approved by RCFC prior to approval of a final map; and construction of Storm Drain Lateral 20CA shall be completed prior to issuance of a certificate of occupancy. b. If preliminary plans have not been prepared by the City for Storm Drain Lateral 20C from which the applicant may prepare its own plans for Storm Drain Lateral 20CA, as determined by the City Engineer, the applicant shall deposit necessary funds with the City, as required by the City Engineer, for design of Storm Drain Lateral 20CA as part of the City-wide storm drain project. Design funds shall be deposited with the City prior to approval of a final map. The applicant shall deposit additional funds as necessary to construct Storm Drain Lateral 20CA by the City prior to issuance of a certificate of occupancy. The applicant shall be responsible for depositing sufficient funds with the City to cover all costs associated with the design and construction of Storm Drain Lateral 20CA, upon thirty (30) days written notice from the City Engineer. 44. 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. Based on the 24.00 acre size of the project site as shown on the Tentative Tract Map, the project is responsible for payment of $221,088 in drainage Resolution No. 21523 Page 19 implementation fees. In either case of the design and construction of Storm Drain Lateral 20CA, by the applicant or by the City as identified in the previous condition, the applicant shall be eligible for credit up to the maximum drainage implementation fee of $221,088 otherwise due. Costs associated with the design and construction of Storm Drain Lateral 20CA in excess of the maximum drainage implementation fee of $221,088 otherwise due are the responsibility of the applicant, and are not reimburseable by the City. GENERAL 45. 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. 46. All proposed utility lines shall be installed underground. 47. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 48. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD drawing file) and DXF (AutoCAD ASCII drawing exchange file). Variation of the type and format of the digital data to be submitted to the City may be authorized, upon • prior approval of the City Engineer. 49. The original improvement plans prepared for the proposed development and approved by the City Engineer 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. 50. 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. Resolution No. 21523 Page 20 51. 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 52. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 53. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Engineer for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be provided with the first submittal of the final map, and shall be approved by the City Engineer prior to approval of the Final Map. 54. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital ' information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of- way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD drawing file), DGN (Microstation drawing file), and DXF (AutoCAD ASCII drawing exchange file). Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 55. Relocation or abandonment of record easements across the property shall be performed in conjunction with or prior to approval of a final map. The easements, identified as an easement to Water Company recorded as Instrument on March 5, 1987 in Map Book 68, Page 471; easements to be abandoned for sewer, water, and public utilities over certain lettered lots as shown and dedicated on Tract Map 10346; an easement to be abandoned for pipe lines and incidental purposes, in favor of Southern California Gas Company recorded as Instrument No. 216081 on October 11, 1979; easements for walls, encroachments, utilities, ingress and egress and incidental purposes recorded as Instrument No. 233274 on November 1, 1979; and an easement for pole lines, conduits and incidental purposes, in favor of General Telephone Company of California recorded as Instrument No. 212740 on November 13, 1980, shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. All record easements shall be extinguished, quit-claimed, relocated or abandoned to facilitate development of the subject property. Without evidence of such, proposed individual lots encumbered by Resolution No. 21523 Page 21 existing record easements are rendered unbuildable until such time as these easements are removed of record and are not an encumbrance to the affected lots. TRAFFIC 56. Based on the traffic study submitted by Endo Engineering on November 22, 2005, the following mitigation measure will be required: A. Install a traffic signal at the intersection of Civic Drive and Tahquitz Canyon Way. The applicant shall submit traffic signal installation plans prepared by a California registered Civil Engineer or Traffic Engineer for review and approval by the City Engineer. The traffic signal shall be installed and operational prior to issuance of the 150th Certificate of Occupancy, unless otherwise allowed by the City Engineer. The applicant shall be responsible for 100% of the cost to design and install the traffic signal. B. Install traffic striping and signage improvements at the intersection of Baristo Road and Compadre Road to provide striping for two eastbound through lanes of uniform width that extend a minimum of 150 feet west and 200 feet east of Compadre Road, or as required by the City Engineer. Submit traffic striping plans prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage 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. C. Install 30 inch stop signs, stop bars, and "STOP" legends as necessary to create an "All-Way Stop Controlled" (AWSC) intersection, at the intersection of Baristo Road and Compadre Road, and the Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 57. A minimum of 48 inches of clearance shall be provided on public sidewalks for handicap accessibility. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk; or by the relocation of any obstructions within the public sidewalk along the Farrell Drive, Tahquitz Canyon Way, Baristo Road, and Civic Drive frontages of the subject property. 58. All damaged, destroyed, or modified pavement legends, traffic control devices, signing, and striping associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 59. Install a street name sign and a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of Louella Road and the Louella Road access in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. Resolution No. 21523 Page 22 60. 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. 61. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department 1. Prior to any construction on-site, all appropriate permits must be secured. Fire Department: ' 1. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) 2. Building or Complex Gate Locking Devices: If locked gate(s) are included with this project then they 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) 3. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) Minimum Access Road Dimensions: 1. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. Resolution No. 21523 F'age 23 2. Roads must be 32 feet wide when parking is not allowed on only one side of the roadway. 3. Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 20 foot clear width. Red curb shall be stenciled "NO PARKING" and "FIRE LANE" with white paint. (901.4 CFC) 4. Access Gates if applicable: Fire/Police/Ambulance access gates shall be at least 14' in width when in the open position and equipped with a Knox (emergency access) key switch. A Knox key operated switch shall be installed at every automatic gate. Show location of switch on plan. Show requirement in plan notes. 5. Turn-Around Requirements: Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. 6. Water Systems and Hydrants: Underground water mains and fire hydrants shall be installed, completed, tested and in service prior to the time when combustible materials are delivered to the construction site. (903 CFC). Installation, testing, and inspection will meet the requirements of NFPA 24 1995 edition. Prior to final approval of the installation, contractor shall submit a completed Contractor's Material and Test Certificate to the Fire Department. (9-2.1 NFPA 24 1995 edition) 7. Operational Fire Hydrants: Operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 8. Residential Smoke Detector Installation: Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing this requirement. 9. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel Resolution No. 21523 Page 24 locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. ' 10. Fencing Required: Construction site fencing with 20 foot wide access gates is required for all combustible construction over 5,000 square feet. Fencing shall remain intact until buildings are stuccoed or covered and secured with lockable doors and windows. (8.04.260 PSMC) 11.Fire Flow: Fire flow for this project is estimated to be 1000 GPM. 12.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) Show location of address on plan elevation view. Show requirement and dimensions of numbers in plan notes. Numbers shall be a minimum 4 inches, and of contrasting color to the background. END OF CONDITIONS i