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HomeMy WebLinkAbout21738 - RESOLUTIONS - 10/18/2006 RESOLUTION NO. 21738 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION FOR TENTATIVE TRACT MAP 32071 THEREBY ALLOWING A PROPOSED PROJECT FOR A 90-UNIT CONDOMINIUM COMPLEX, ON AN APPROXIMATELY 6.8-ACRE PARCEL, LOCATED ALONG i THE SOUTH SIDE OF MESQUITE AVENUE AND WEST OF BELARDO AND EAST MESQUITE AVENUE, ZONE R- 3, SECTION 22. WHEREAS, Mesquite Villas 03, LLC, (the "Applicant") has filed an application with the City pursuant to Palm Springs Municipal Code Section 9.60 for Tentative Tract Map 32071 for the subdivision of a condominium map and to construct 90 condominium units to be located along the south side of Mesquite Avenue and west of Belardo and East Mesquite Avenue, Zone R-3, Section 22; and WHEREAS, notice of the public hearing of the Planning Commission of the City of Palm Springs to consider TTM 32071 and related architectural approvals (Case 5.0981), was given in accordance with applicable law; and WHEREAS, on September, 2006, a public hearing on the application for Tentative Tract Map 32071 and related architectural approvals (Case 5.0981) 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 a Mitigated Negative Declaration has been prepared for this project in accordance with CEQA Guidelines and that the Planning Commission hereby recommends to the City Council adoption of said Mitigated Negative Declaration as an adequate and complete assessment of the potential environmental impacts of the project; and WHEREAS, pursuant to Government Code Section 66412.3, the Planning Commission has considered the effect of the proposed subdivision, Tentative Tract Map 32071, on the housing needs of the region in which Palm Springs is situated and has balanced these needs against the public service needs of its residents and available fiscal and environmental resources; the approval of the proposed project represents the balance of these respective needs in a manner which is most consistent with the City's obligation pursuant to its police power to protect the public health, safety, and welfare; 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 Resolution No. 21738 Page 2 limited to the staff report, all environmental data including the environmental assessment previously prepared and all written and oral testimony presented; and WHEREAS, the Planning Commission has previously approved the architectural design for the project and recommended approval of Tentative Tract Map 32071 along with the environmental assessment to the City Council; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Tentative Tract Map 32071 was given in accordance with applicable law; and WHEREAS, on October 18, 2006, a public hearing on the application for the Tentative Tract Map 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, pursuant to Section 15074.1 of the California Environmental Quality Act Guidelines, the City Council has considered substitution of a mitigation measure in the Mitigated Negative Declaration; 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 Planning Commission 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 and therefore recommends that the City Council adopt a Mitigated Negative Declaration for the project. Furthermore, 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 Council's independent judgment and analysis. Section 2: Pursuant to Government Code Section 66474 (Subdivision Map Act), the City Council finds that with the incorporation of the conditions attached in Exhibit A. Resolution No. 21738 Page 3 a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map is consistent with the goals and objectives of the H43/21 High Density Residential General Plan designation which governs the subject property. General Plan Objective 3.8 is to provide for the development up to 15 dwelling units per acre or 21 dwelling units per acre when special conditions are met. Per Objective 3.8, appropriate residential development includes multiple-family apartments and similar permanent housing. The proposed residential development is consistent with the H43/21 General Plan designation as a residential use. The proposed density of approximately 13.2 dwelling units per acre, or 6,450 square feet per unit is within the threshold of fifteen and maximum of twenty one dwelling units per acre called out in General Plan Objective 3.8, and the design of the project "accommodates various types of low-density residential development, including traditional single-family homes" discussed in that Objective. Finally, per Policy 3,8.1(a) of the General Plan, 45% of the lot area is to be maintained as open space, the applicant has provided approximately 65 percent of the lot area to be maintained as open space or private recreational yard areas. b. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The proposed project design is generally consistent with the stated purpose of promoting and protecting public health, safety, and welfare, and providing for comprehensive and orderly use of land resources per Section 91.00.00 of the Zoning Code. Also, zoning consistency is achieved by providing protections for neighboring land uses. The development standards within the proposed condominium complex are consistent with the practical development solutions for a project site of this kind. C. The site is physically suited for this type of development. The project site is uneven and rugged in some portions of the site however, the site is located in an area with access to all urban services and utilities, including the City's circulations systems. d. The site is physically suited for the proposed density of development. The proposed 6.8-acre project site can accommodate 90 residences without significant grading, and encroachment into the hillside areas of the site to the west and south. The northerly portion of the site abuts improved Public Street with existing utilities, and the site is in an area allowing access to major thoroughfares. Resolution No. 21738 Page 4 ' e. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitats. The General Biological Assessment prepared for the project, dated December, 2003, concluded that disturbed Sonoran creosote bush scrub was the only vegetation community occurring on-site, that vegetation is not considered sensitive, and that no sensitive species were observed on-site. Although the habitat is potentially appropriate for several species, it is not anticipated that the species would utilize the area due to the disturbed condition of the site and its close proximity to developed areas. f. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed residential condominium subdivision includes the provision of public water and sewer systems, and an internal, private street that provides an orderly system of ordinary and emergency access to the project. 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. There are no known public easements or access across the subject property, therefore 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 3: The City Council hereby adopts the Mitigated Negative Declaration; Approves Tentative Tract Map 32071 for the subdivision of approximately 6.8-acre parcel into a condominium map and the development of the proposed 90-unit condominium project, and directs staff to file the associated Notice of Determination subject to the conditions of approval attached as Exhibit A. 1 Resolution No, 21738 Page 5 ADOPTED, this 181h day of October 2006. David H. Ready, City M er ATTEST: ?mes Thompson, City Clerk CERTIFICATION ; STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) $s. CITY OF PALM SPRINGS ) A I, .TAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that ' Resolution No. 21738 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 the 18�h of October, 2006, by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, and Mayor Oden. NOES: Councilmember Pougnet. ABSENT: Mayor Pro Tern Foat. ABSTAIN: None. es Thompson, City Clerk / ,City of Palm Springs, California Resolution No. 21738 Page 6 ' EXHIBIT A Case No. 5.0981 — MAJ /TTM 32071 Mesquite Villas, 03, LLC South side of Mesquite Drive and West of Belardo and East Mesquite Avenue CONDITIONS OF APPROVAL October 18, 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 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. 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 No. 5.0981 / Tentative Tract Map 32071. 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. Resolution No. 21738 Page 7 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 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 cashiers check payable to Riverside County. 5. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted. 6. 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. 7. 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. Resolution No. 21738 Page 8 Environmental Assessment 8. 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: MM 111-1 Earth-moving activities on the project site shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, pursuant to the Coachella Valley PM,o State Implementation Plan and SCAQMD Rule 403.1. MM III-2 Adequate watering techniques shall be employed on the project site to 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. MM 111-3 Any construction access roads to the project site shall 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. ' MM 111-4 All trucks shall maintain at least two feet of freeboard. MM III-5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, shall be covered and washed off before leaving the site. MM 111.6 Adjacent streets shall be swept if silt is carried over to adjacent public thoroughfares. MM 111-7 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. MM III-8 Construction operations affecting off-site roadways shall be scheduled for off- peak traffic hours and shall minimize obstruction of through-traffic lanes. MM V-1 As there is always a possibility of buried cultural and paleontological resources in a project area, should buried cultural deposits be encountered, the developer shall contact the Director of Planning Services. Fallowing consultation, the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate the find. If necessary, the Qualified Archaeologist shall prepare a treatment ' plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resolution No. 21738 Page 9 Resource Coordinator for approval. Human remains discovered shall be handled consistent with state law provisions. MM XI-1 The project applicant shall demonstrate that all on-site residential units shall be designed to meet the City of Palm Springs noise standards (65 CNEL in outside activity areas and 45 CNEL in interior living areas). The project applicant shall demonstrate compliance through the submittal of building and site improvement plans that provide details regarding sound barrier heights, additional insulation and building materials used to maintain interior noise levels, building and window orientation, and other measures to reduce noise exposure levels to City noise standards. A qualified noise consultant shall be retained to ensure that project and building designs will meet City noise exposure standards. Evidence of compliance with this mitigation measure shall be provided to the City prior to the issuance of any building permits. MM XI-2 The developer shall provide a disclosure to prospective future owners of condominiums that the project meets the minimum code standards, but that noise is likely to be audible. MM XI-3 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM XI-4 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-5 Stockpiling and vehicle staging areas shall be located in the westerly portion of the site. MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located in the western portion of the site. MM XI-7 Stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors. MM XI-8 Construction activities on-site shall take place only during the hours between 7:00 a.m. and 8:00 p,m., as specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods. The Construction Site Regulations (Chapter 8-04.220) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity. Q Resolution No. 21738 Page 10 ' MM XI-9 Noise barriers shall be constructed on the east side of the location, unless it can be demonstrated to the satisfaction of the Director of Planning Services by a qualified noise consultant that the measures have been made unnecessary. MM XI-10 Adequate ventilation in the form of mechanical ventilation systems shall be provided for homes per the Summary for Exterior Noise Mitigation in the Noise Analysis for Mesquite Villas prepared by Mestre Greve Associates, dated May 14, 2002, unless it can be demonstrated to the satisfaction of the Building Official by a qualified noise consultant that the measures have been made unnecessary. MM XVI-1 Use of low water landscaping which would in include an irrigation system designed to provide water separately for each plant group should be encouraged. The applicant of irrigation technology such as tensiometers, drip or micro spray system and quality time clocks is also highly recommended. 9. 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 srlpplemental 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 10. 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&R's shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&R's. 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. 11. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500 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 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be ' submitted for approval by the Department of Planning Services, prior to issuance Resolution No. 21738 Page 11 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. 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 8.60 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. 21738 Page 12 , 18. Separate architectural approval and permits shall be required for all signs. 19. All materials on the flat portions of the roof shall be earth tone in color. 20. 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. 21. 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. 22 Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 23. The design, height, texture and color of buiiding(s), fences and walls shall be ' submitted for review and approval prior to issuance of building permits_ 24. The street address numbering/lettering shall not exceed eight inches in height. 25. 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. 26. 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. 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. ' Resolution No, 21738 Page 13 2. An existing street plan for Mesquite Avenue is approved and on file (see File 22- 4-4-44, approved August 2, 2000). The plan shall be revised to reflect current "as-built" or record conditions adjacent to and on-site, as well as to include construction of current City standards, and submitted to the Engineering Division for review and approval. Otherwise, new street improvement plans prepared by a Registered Civil Engineer shall be submitted to the Engineering Division for review and approval. The new and revised street improvement plans shall be approved by the City Engineer prior to issuance of any building permits. 3. The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as 0 required by the City Engineer, MESQUITE AVENUE 4. Existing public right-of-way for Mesquite Avenue across a portion of the frontage of this property is identified by Document No. 469126, recorded November 27, 2000. Dedicate 30 feet of right-of-way across the frontage of the property, extending across the existing street improvements, if record title does not demonstrate the existence of the previously acquired right-of-way. 5. Dedicate additional right-of-way for a property line - corner cut-back at the southeast and southwest corners of the intersection of Mesquite Avenue and Lot "A", in accordance with City of Palm Springs Standard Drawing No. 105. 6. Remove the existing 6 inch curb and gutter, located 20 feet south of centerline as necessary to construct 25 feet radius curb returns and spandrels at the southeast and southwest corners of the intersection of Mesquite Avenue and Lot "A", in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 7. Construct a 6 feet wide cross gutter with a flow line parallel with and 20 feet south of the centerline of Mesquite Avenue, at the intersection of Mesquite Avenue and Lot "A", in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Resolution No. 21738 Page 14 8. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 9_ Construct Type A curb ramps meeting current California State Accessibility standards either side of the new street intersection, in accordance with City of Palm Springs Standard Drawing No. 212. 10. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREETS 11. All centerline radii shall be a minimum of 130 feet. 12. 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. 13. All on-site private streets shall be constructed with standard 6 inch curb and gutter, a wedge curb, or other approved curbs along both sides of the streets, as necessary to accept and convey on-site stormwater runoff to the drainage ' system, in accordance with applicable City standards. 14. The minimum pavement section for all on-site pavement shall be 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. 15. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the on-site private streets as necessary to enforce parking restrictions to maintain a minimum clear 24 feet wide travelway. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. 16. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. Resolution No, 21738 Page 15 SANITARY SEWER 17. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 18. An on-site private sewer system shall collect sewage from the development and connect to the extended public sewer system to be constructed in Mesquite ' Avenue as part of this development. Sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. All on- site private sewer systems shall install sewer manhole covers with the words "Private Sewer 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. 19. The Preliminary Grading and Utility Plan for Tentative Tract #32071, prepared by JCA dated May 8, 2006, does not Aentify the need for a sewer lift station and on- site private sanitary force main as necessary to provide sewer service to the southerly portion of the property. Construction of an on-site private sewer lift station and force main will be required. The applicant shall submit construction plans and specifications for the on-site private sewer lift station for review and approval by the City Engineer. 20. The on-site sewer system shall connect to the extended public sewer main in Mesquite Avenue with a standard sewer lateral connection in accordance with City of Palm Springs Standard Drawing No. 405. 21. The on-site sanitary sewer lift station, force main, and sewer system 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. 22. Submit public sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. B 23. Extend an 8 inch V.C.P. sewer main in Mesquite Avenue from the existing sewer manhole located approximately 375 feet west of South Palm Canyon Drive extending westerly across the entire Mesquite Avenue frontage of the parcel Resolution No. 21738 Page 16 , identified by Assessor's Parcel No. 513-300-046, as required by the City Engineer. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded prior to acceptance of the sewer system for maintenance by the City. A computer disc of the video recording shall be provided to the City Engineer for review. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. 24. Costs associated with design and construction of the off-site sewer extension may be reimbursed, pursuant to a Sewer Reimbursement Agreement approved by the City Council, in accordance with the policies established by Resolution 13773, and amended by Resolution 15975. Following completion and acceptance of the off-site sewer extension by the City Engineer, if reimbursement is requested in writing by the applicant, the applicant shall submit a formal request for preparation of a Sewer Reimbursement Agreement and a $2,500 deposit for City staff time associated with the preparation of the Sewer Reimbursement Agreement, including City Attorney fees. The applicant shall be responsible for payment of all associated staff time and expenses necessary in the preparation and processing of the Sewer Reimbursement Agreement with the City Council, and shall submit additional deposits as necessary when requested , by the City, which are included in the amount that may be reimbursed to the applicant through the Sewer Reimbursement Agreement. The Sewer Reimbursement Agreement is subject to the City Council's review and approval at a Public Hearing, and its approval is not guaranteed nor implied by this condition. GRADING 25. 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 Resolution No. 21738 Page 17 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 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 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. 26. In accordance with the Preliminary Geotechnical Investigation Report prepared by Professional Service Industries, Inc., dated October 21, 2003, and its Addenda, the following mitigation measures shall be required: a. Structures shall be setback from the ascending slope a horizontal distance equivalent to one-half the height of the slope (1-1/2), in accordance with the 1997 Uniform Building Code, to a maximum of 15 feet from the toe of slope. b. Slope mitigation measures shall be designed at the toe of slope along the southern and western boundaries of the property to protect the development from rockfall hazard, including: construction of revetment walls, debris diversion ditches, fences, and/or special catchment areas to remediate the potential hazards to the residences below the toe of slope. 27. The Precise Grading and Paving Plan shall clearly identify the toe of slope for all hillsides having a natural slope equal to or greater than 30%, and shall include reference to easements for conservation and open space purposes to be reserved on the final map. 28. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 29. 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. Resolution No. 21738 Page 18 ' 30. 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 erosionlblowsand relating to this property and development. 31. 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. A copy of the soils report shall be submitted to the Engineering Division with the first submittal of a grading plan. 32. 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 Plan. The California Department of Food and Agriculture office is located at 73- 710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 11 33. Construction of an on-site detention basin and an off-site debris basin is required to facilitate the proposed development application. Reduction of stormwater runoff to an amount equivalent to the capacity of the existing private 36" diameter storm drain lines located under the adjacent mobile home park to the east of Tentative Tract Map 32071 is required. The proposed off-site debris basin shall be of sufficient width and extend to the existing private 36" diameter storm drain lines. 34. The applicant shall acquire an easement to construct the proposed off-site debris basin on that parcel identified by Assessor's Parcel Number 513-300-036, prior to approval of a grading plan or final map. In the event acquisition of the required easement is not passible, the applicant shall be required to revise the preliminary grading and site plan for Tentative Tract Map 32071 to incorporate construction of the debris basin on-site. The applicant is advised that incorporation of a debris basin on-site may require elimination of condominium units and submittal of an amended development application through the Planning Department. 36. The applicant is advised that the parcel identified by Assessor's Parcel Number 513-300-036 is identified as Allotment 91 C, a parcel of allotted and leased land which is a part of the Agua Caliente Band of Cahuilla Indians Tribal Reservation. ' The proposed off-site debris basin will require an easement acquired through the Bureau of Indian Affairs. In acquiring the easement, the applicant shall be Resolution No. 21738 Page 19 responsible for compliance with all Bureau of Indian Affairs (B.I.A.) requirements, including payment of any BIA fees, obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain the required easement for the off-site debris basin. The easement granted to the applicant by the BIA shall be "without limitation as to tenure'; easements granted with a defined term, or made in connection with an underlying Indian Land Lease, are not acceptable. 36. Upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the off-site debris basin improvements constructed by the applicant for which the easement was dedicated through the Bureau of Indian Affairs. A copy of the Affidavit of Completion shall be provided to the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. 37. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site detention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. The Preliminary Hydrology and Hydraulics Study for the Mesquite Housing Project, Tentative Tract No. 32071, prepared by Jones, Cahl & Associates (as revised March 25, 2005), shall be finalized to determine the volume of increased stormwater runoff due to development of the site, to determine required capacity of the on-site detention basin and the off-site debris basin, and other stormwater runoff mitigation measures for the proposed development. Final storm drain system sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the final hydrology report by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology report. 38. The applicant shall install a drywell, or series of drywells, within the on-site detention basin as necessary to collect and percolate stormwater runoff, including nuisance water, from the tributary area within the development that has drainage directed to the basin. The drywells shall be appropriately sized to accommodate the expected daily nuisance water, as well as runoff from ordinary storm events (2-year storm events), unless otherwise approved by the City Engineer. Provisions shall be included in the Covenants, Conditions and Resolution No. 21738 Page 20 Restrictions (CC&R's) for this development that require the routine maintenance of the drywell(s) by the Home Owners Association (HOA), including the right of the City to inspect and require the HOA to remove and replace the drywells if they fail to function, causing stagnant water to accumulate above ground within the basin. The City shall be given the right, in the interest of the public's health, safety, and welfare, to order the removal and replacement of drywells in the event the HOA is non-responsive to the City's written notice, with costs to be recovered against the HOA by the City in accordance with state and local laws and regulations. 39. 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 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 iequired, ' 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. 40. Submit storm drain improvement plans for all on-site and off-site storm drainage system facilities for review and approval by the City Engineer. 41. Construct drainage improvements, including, but not limited to on-site detention basin, off site debris basin, terrace drains, catch basins, and storm drain lines, for drainage of on-site streets, as described in the Preliminary Hydrology and Hydraulics Study for the Mesquite Housing Project, Tentative Tract No. 32071, prepared by Jones, Cahl & Associates (as revised March 25, 2005). The hydrology report for Tentative Tract No. 32071 shall be amended to include terrace drain sizing, catch basin sizing and storm drain pipe sizing, and other specifications for construction of required on-site and off-site storm drainage improvements. 42. All on-site storm drain system, including the off-site debris basin, shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site and off-site storm drain system, including the off-site ' debris basin, acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. Resolution No. 21738 Page 21 43- The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL, 44. 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 applicant 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 i better than existed prior to construction of the proposed development. 45. All proposed utility lines shall be installed underground. 46. 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. 47. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (Auto CAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 48. 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 final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 49. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain Resolution No. 21738 Page 22 an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 50. 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 51. Lot 5 shall be dedicated to the City, including all rights, title and interest, for conservation of the hillside for open space purposes. 52. Lot "B" shall be reserved for storm drainage purposes. 53. Easements for conservation and open space purposes shall be reserved over those portions of Lots 2, 3, and 4 extending above the toe of slope for hillsides having a natural slope equal to or greater than 30%. 54. 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 there from, 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. 55. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of a Final Map. 56. 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 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe , Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital Resolution No. 21738 Page 23 data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 57. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of Lot "A" with Mesquite Avenue, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 58. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks. 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 Mesquite Avenue frontage of the subject property. 59. 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. 60. 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. 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) Resolution No. 21738 Page 24 2. Plot Plan: Prior to completion of the project, an 8.5"x11" plot plan and an electronic CAD version shall be provided to the fire department. This shall clearly show all access points, fire hydrants, knox box locations, fire department connections, unit identifiers, main electrical panel locations, sprinkler riser and fire alarm locations. Large projects may require more than one page. 3. 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) 4. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing are permitted within 3 feet of fire hydrants, except groundcover plantings. 5. 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) 6. Vertical Fire Apparatus Clearances: Palm Springs Fire Apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) 7. Access Gates: 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. 8. 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. (902.2.22 CFC) 9. 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. Resolution No, 21738 Page 25 10. Fire Apparatus Grade requirements: The gradient of fire apparatus access roads shall not exceed 12%. (902.2.2.6 CFC) 11. 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. 2. Roads must be 32 feet wide when parking is allowed on only one side of the roadway. 12. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150' from such i roads. CFC 902.2.1 13. Secondary Access: A secondary access shall be provided for all developments with 25 or more dwelling units. CFC Appendix III-D 2.1. 14. Mandatory Fire Sprinklers: Project beyond five-minute response time from the closest fire station and therefore requires an automatic Fire Sprinkler System. 15. Residential Smoke Detector Installation With Fire Sprinklers: Provide Residential Smoke Detectors (FIREX # 0498 accessory module connected to multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch). 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. A Resolution No. 21738 Page 26 ' 16. Audible Residential Water Flow Alarms: An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4 115-WH-VFR with WBB back box or equal) shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm (FIREX # 0498 accessory module connected to multi-station FIREX smoke detectors or equal per dwelling and fire sprinkler flow switch) to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 17. Fire Hydrant Flow: The required fire hydrant flow for this project is 1,000 GPM with fire sprinklers. 18. 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) 19. Construction Site Guard: A construction site guard is required for combustible construction. The guard shall be on duty during all times when construction workers are not on the premises. (8.04.260 PSMC) 20. Fuel Modification Zones: Project is within the "Urban/Wild land Interface" and , will require approval of the plant palette and possible inclusion of a fuel modification zone along the toe of the mountain. END OF CONDITIONS 1