HomeMy WebLinkAbout21744 - RESOLUTIONS - 10/25/2006RESOLUTION NO. 21744
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, CERTIFYING THE FINAL
ENVIRONMENTAL IMPACT REPORT (FEIR), AND
APPROVING CASE NO. 5.1042, PLANNED
DEVELOPMENT DISTRICT 311, AND TENTATIVE TRACT
MAP 33514 FOR THE SOUTH PALM CANYON LLC, BRIAN
LINNEKENS, A PROPOSED 124-UNIT CONDOMINIUM
UNIT COMPLEX WITH APPROXIMATELY 39,000 SQUARE
FEET OF COMMERCIAL SPACE ON 2.67 ACRES
LOCATED AT 450-490 SOUTH PALM CANYON DRIVE.
WHEREAS, The Palm Canyon 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 311; and
WHEREAS, 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 33514; and
WHEREAS, notice of public hearing of the Planning Commission of the City of Palm
Springs to consider Case Number 5.1042, consisting of Planned Development District
311, and Tentative Tract Map 33514, and project architectural approval was given in
accordance with applicable law; and
WHEREAS, on October 11, 2006, a public hearing on the application was held by the
Planning Commission in accordance with applicable law; and
WHEREAS, the proposed project is considered a "project" pursuant to the terms of the
California Environmental Quality Act ("CEQA"), and a Final Environmental Impact
Report (FEIR) has been prepared for this project and has been distributed for public
review and comments in accordance with CEQA: and
WHEREAS, a 45-day public review period for the Draft Environmental Impact Report
was established pursuant to State law, which commenced on August 14, 2006 and
ended on September 28, 2006; and
WHEREAS, a Final Environmental Impact Report has been prepared for this project
that incorporates comments and responses, along with pertinent revisions, resulting
From the public review of the Draft Environmental Impact Report; 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
1 the region, and has balanced these needs against the public service needs of residents
and available fiscal and environmental resources; and
Resolution No. 21744
Page 2 '
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
WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to
consider Case Number 5.1042, consisting of Planned Development District 311 and
Tentative Tract Map 33514 was given in accordance with applicable law; and
WHEREAS, on October 25, 2006, a public hearing on the application 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 Final Environmental Impact Report (FEIR) has been completed in
compliance with CEQA, the State CEQA Guidelines, and the City's CEQA
Guidelines. The Planning Commission found 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 Planning Commission independently reviewed and
considered the information contained in the FEIR prior to its review of this
Project and the FEIR reflects the Planning Commission's independent
judgment and analysis.
Section 2: Pursuant to Section 94,03.00 (E) and 94.02.00(B) of the Palm Springs
Zoning Code, the City Council makes the following findings:
a. That the use applied for at the location set forth in the application is
properly one for which a conditional use permit is authorized by this
Zoning Code.
The proposed planned development includes retail commercial and
multiple -family dwellings residential uses which are permitted uses in the I
underlying Central Business District (C-B-D) zone.
Resolution No. 21744
1 Page 3
b. That the use is necessary or desirable for the development of the
community, is in harmony with the various elements or objectives of the
general plan, and is not detrimental to existing uses or to future uses
specifically permitted in the zone in which the proposed use is to be
located.
The proposed planned development will establish a significant mixed -use
Project at the south end of the City's downtown core as envisioned by the
Downtown Urban Design Guidelines. This is in conformance with
Objective 3.1 of the General Plan Land Use Element, which states:
New land use development which is reflective of and complements the
overall pattern and character of existing uses, offers opportunities for the
intensification of key "targeted" sites and mitigates any adverse impacts.
The project also conforms to the Goals and Policies of the General Plan
Land Use Element related to the Downtown / Central Business District, as
follows:
D.3.A Establishment of the areas along Palm Canyon Drive and Indian
Canyon Drive between Alejo and Roman Roads as the principal activity
center of and "downtown" to the City by the intensification of commercial /
entertainment -related uses and urban design improvements to achieve
economic, physical and visual unity.
3.15d. Provision of a strong residential base, including hotels, in and
around the downtown, with increased emphasis on the downtown as a
multi -focus center for the year-round resident.
3.15.17 Accommodate housing units, including high -quality housing, on
the second level or higher or to the rear of buildings provided that the
residential and commercial spaces are fully separated, the impacts of
noise, odor and other adverse characteristics of commercial activity can
be adequately mitigated, and a health, safe and well -designed
environment is achieved for the residential units.
The project's five story mixed -use character will contribute to the
revitalization of the existing commercial neighborhood, establish a
principal activity center at the north side of Ramon Road, between South
Palm Canyon Drive and Indian Canyon Drive, provide a strong residential
base downtown, and accommodate high -quality housing and fully
separated commercial activity.
C. That the site for the intended use is adequate in size and shape to
accommodate such use, including yards, setbacks, walls or fences,
Resolution No. 21744
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landscaping and other features required in order to adjust such use to
those existing or permitted future uses of land in the neighborhood.
The project is adequate in size and shape to accommodate the proposed
commercial and residential uses, but requires relief from required
setbacks and common open space standards of the C-B-D zone and high-
rise buildings standards (Section 93.04.00) in order to create a street -
oriented urban presence. The reduced setbacks and common open space
help the project achieve the General Plan goals and objectives stated
herein, and are reduced in accordance with the provisions of the Planned
Development District. (Section 94.03.00,C)
d. That the site for the proposed use relates to streets and highways properly
designed and improved to carry the type and quantity of traffic to be
generated by the proposed use.
The project site plan is surrounded on three sides by Major or Secondary
Thoroughfares, as designated on the General Plan. Vehicular access
points to the site are properly located and designed to provide safe and
efficient flow of the type and quantity of traffic to be generated by the
proposed use within and surrounding the site. The proposed site and its I
immediate surroundings are fully developed with streets, sidewalks, curbs
and gutters.
e. That the conditions to be imposed and shown on the approved site plan
are deemed necessary to protect the public health, safety and general
welfare and may include minor modification of the zone's property
development standards.
Conditions attached to and made a part of this resolution have been
developed to mitigate potential adverse project effects and will assure the
project contributes positively to the public health, safety and welfare of the
City.
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 Tentative Tract Map will facilitate the sale of condominium
units within the project. The mixed use project is consistent with the
General Plan Central Business District designation, and with the
goals of introducing permanent residents into the area, and '
provides new retail spaces and opportunities.
1
Resolution No. 21744
Page 5
79
C.
The design and improvements of the proposed Tentative Tract Map
are consistent with the zone in which the property is located.
The design of the map is consistent with the allowable uses under
the Planned Development District for this property. The Planned
Development District allows for variations from zoning standards.
The site is physically suited for this type of development.
The site is fully developed and is surrounded by existing
development and infrastructure. The construction of commercial and
residential buildings on the site is appropriate at this location.
The site is physically suited for the proposed density of development.
The site can accommodate the proposed 125 condominium units with
the R-4 zoning development standards that apply to multiple -family
dwellings within the C-B-D designations. Furthermore, the General
Plan does not apply unit counts (dwelling units per acre for density)
calculations within the C-B-D areas, rather, a floor area ratio (FAR) is
used. The permitted FAR for the proposal is up to 2.5 or 290,000
square feet, the proposed FAR is approximately 1.69 or 197,016
square feet.
e. The design of the subdivision is not likely to cause environmental
damage or substantially and avoidably injure fish, wildlife, or their
habitats.
The Tentative Tract Map and associated Planned Development
District have been reviewed under the California Environmental
Quality Act, and a Final Environmental Impact Report (FEIR), has
been prepared. Mitigation measures have been included which will
reduce potential impacts to less than significant levels. The site has
been fully developed for many years, and does not include any
natural habitat. The project will therefore not damage or injure fish,
wildlife or their habitats.
f. The design of the subdivision or type of improvements is not likely to
cause serious public health problems.
The subdivision is designed to meet or exceed City standards. The
homes and commercial spaces will be required to meet or exceed
City building codes. The project will not cause public health problems.
Resolution No. 21744
Page 6 '
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 4: The City Council certifies the Final Environmental Impact Report for Case
Number 5.1042-PD 311 and Tentative Tract Map 33514, making
associated findings and directs staff to file the associated Notice of
Determination.
Section 5: The City Council approves Case Number 5.1042, Planned Development
District 311 and Tentative Tract Map 33514, subject to the Conditions of
Approval attached hereto as Exhibit A, and as shown on the Tentative Tract
Map 33514 and Development Plans attached to the City Council Staff
Report dated October 25, 2006 and included herein by reference.
ADOPTED THIS 25th day of October, 2006. '
David H. Ready, City Ma r
ATTEST:
/1,16es Thompson, City Clerk
Resolution No. 21744
Page 7
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. 21744 is a full, true and correct copy, and was duly adopted at an
adjourned meeting of the City Council of the City of Palm Springs on the 25th day of
October, 2006, by the following vote:
AYES: Councilmember McCulloch, Councilmember Mills, Councilmember
Pougnet, Mayor Pro Tern Foat , and Mayor Oden.
NOES: None,
ABSENT: None.
ABSTAIN: None.
1
/�fqAes Thompson, City Clerk
a/v//IZ'ity of Palm Springs, California
Resolution No. 21744
Page 8 '
EXHIBIT A
Case No. 5.1042 — PD-311/ TTM 33514
The South Palm Canyon LLC
450-490 South Palm Canyon Drive
("The South Palm Canyon Mixed -use Project")
CONDITIONS OF APPROVAL
October 25, 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 5.1042 PD-311 and
Tentative Tract Map 33514. 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
Resolution No. 21744
Page 9
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 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.
Resolution No, 21744
Page 10
Environmental Assessment
7. Any mitigation measures of the Environmental Impact Report (EIR) shall apply to
the proposed project. The applicant shall submit a signed agreement that the
mitigation measures will be included in the Planning Commission consideration
of the environmental assessment. Mitigation measures are included in the FIR,
and hereby incorporated into these conditions by reference.
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
9. 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_
% 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.
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
Resolution No. 21744
Page 11
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.
General Conditions/Code Requirements
14. The project is subject to the Cit`j 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.
15. 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.
16. 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.
17. 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.
18. All materials on the flat portions of the roofs shall be earth tone in color.
19. 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.
Resolution No. 21744
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20. 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.
21. Perimeter walls shall be designed, installed and maintained in compliance with
the corner cutback requirements as required in Section 93.02.00.D.
22. 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.
23. The street address numbering/lettering shall not exceed eight inches in height.
24. 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.
25. 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.
26. Modified architectural and landscaping designs shall be reviewed by the
Architectural Advisory Committee prior to City Council action on the project.
27. Assigned parking spaces shall be dedicated to each residential unit in the
parking garage. These requirements shall be included in the CC&R's for the
project.
28. Prior to issuance of building permits, the applicant shall provide or contribute a
public benefit to the City in a form or amount as determined by the City Council
as part of the Council's decision regarding the project.
29. Prior to the issuance of Building Permits, if the City concludes that there is an
acceptable diagonal parking design that it wished to implement, this project
(5.1042-PD311) shall be required to pay for its fair share of such implementation.
30. During demolitions and constructions at the project site, the applicant shall be
required to install enhanced solid temporary barricades that are reflective of the
City, and its design theme and future. The barricades shall be subject to the
Architectural Advisory Committee review and approval prior to installations.
Resolution No. 21744
Page 13
Engineering Department
STREETS
1. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
2. Upon a finding by the Planning Commission, in accordance with General Plan
Policy 7.1.5, modification of cross-section standards for a 100 feet wide major
thoroughfare for Ramon Road and Indian Canyon Drive adjacent to the property
may be approved, with the cross-section standard for Ramon Road modified to a
special street section maintaining the existing variable right-of-way along the
project frontage; and with the cross-section standard for Indian Canyon Drive
modified to a 95 feet wide major thoroughfare along the project frontage.
PALM CANYON DRIVE
3. All existing street improvements, landscaping, and lighting improvements shall be
protected in place, except removals approved by the City Engineer. The
applicant shall be responsible for the repair, removal and replacement of existing
improvements damaged as a result of the construction of this project, as directed
by the City Engineer,
4. Remove the two existing driveway approaches and replace with new street
improvements (curb and gutter, and sidewalk) to match existing street
improvements, in accordance with applicable City standards.
5. Remove the existing street improvements as necessary to construct a 24 feet
wide driveway approach with the centerline located approximately 13 feet south
of the north property line in accordance with City of Palm Springs Standard
Drawing No. 205. Any removal or relocation of existing landscaping, irrigation,
electrical and lighting improvements shall be coordinated with the City Engineer
prior to removal or relocation. Access shall be limited to left-tum ingress for
commercial and service vehicles only. Residential access shall be prohibited.
Distinctive entry treatments including slgnage, lighting, pavement markings,
and/or other visual cues shall be incorporated in the design at the
commercial/service entry to impose the required access restrictions.
5. Construct a Type A curb ramp meeting current California State Accessibility
standards on either side of the new driveway approach in accordance with City of
Palm Springs Standard Drawing No. 212.
7. Construct a decorative pedestrian crosswalk across Palm Canyon Drive at a
location to be determined pursuant to further evaluation. The applicant shall
Resolution No. 21744
Page 14 '
provide additional information to the City Engineer to determine an appropriate
location. The decorative pedestrian crosswalk shall be constructed in a similar
fashion to other crosswalks located north of Baristo Road, including curb pop -
outs, decorative concrete pavers, and other improvements. The crosswalk shall
be signalized.
8. All broken or off grade street improvements shall be repaired or replaced.
INDIAN CANYON DRIVE
9. All existing street improvements and landscaping shall be protected in place,
except as otherwise required by the City Engineer. The applicant shall be
responsible for the repair, removal and replacement of existing improvements
damaged as a result of the construction of this project, as directed by the City
Engineer.
10. Remove the two existing driveway approaches and replace with new street
improvements (curb and gutter, and sidewalk) to match existing street
improvements, in accordance with applicable City standards.
11. Remove the existing street improvements as necessary to construct a 26 wide '
driveway approach for the retail entry with a centerline located approximately 190
feet north of the centerline of Ramon Road in accordance with City of Palm
Springs Standard Drawing No_ 205. Any removal or relocation of existing
landscaping, irrigation, electrical and lighting improvements shall be coordinated
with the City Engineer prior to removal or relocation. Access shall be limited to
left -turn ingress and left -turn egress for retail parking only. Residential access
shall be prohibited. Distinctive entry treatments including signage, lighting,
pavement markings, and/or other visual cues shall be incorporated in the design
at the retail entry to impose the required access restrictions.
12. Remove the existing street improvements as necessary to construct a 39 feet
wide driveway approach with the centerline located approximately 24 feet south
of the north property line in accordance with City of Palm Springs Standard
Drawing No. 205. The driveway approach shall divide with a 20 feet wide
northerly commercial/service exit lane and residential exit lane, and a 15 feet
wide southerly residential entry lane. The dividing median, if raised, shall include
appropriate clearance for a 5 feet wide pedestrian path of travel. Any removal or
relocation of existing landscaping, irrigation, electrical and lighting improvements
shall be coordinated with the City Engineer prior to removal or relocation. Access
shall be limited to left -turn egress for commercial and service vehicles only, and
left -turn ingress for residential parking access. Retail parking access shall be '
prohibited. Distinctive entry treatments including signage, lighting, pavement
Resolution No. 21744
Page 15
markings, and/or other visual cues shall be incorporated in the design at the
commercial/service exit and residential entry to impose the required access
restrictions.
13. An application for an Encroachment Agreement shall be submitted to the
Engineering Department for construction of the dividing median within the
northerly driveway. The application for the Encroachment Agreement shall be
approved prior to issuance of a grading permit.
14. Construct a Type A curb ramp meeting current California State Accessibility
standards on either side of the northerly and southerly driveway approaches, in
accordance with City of Palm Springs Standard Drawing No. 212.
15. All broken or off grade street improvements shall be repaired or replaced.
1:7„1 MAi150►1Z14721W
16. Dedicate an easement for sidewalk purposes extending to the back of the public
sidewalk along the entire frontage.
17. All existing street improvements and landscaping shall be protected in place,
except as otherwise required by the City Engineer. The applicant shall be
responsible for the repair, removal and replacement of existing improvements
damaged as a result of the construction of this project, as directed by the City
Engineer.
18. Remove the existing driveway approach and replace with new street
improvements (curb and gutter, and sidewalk) to match existing street
improvements, in accordance with applicable City standards.
19. All broken or off grade street improvements shall be repaired or replaced.
ON -SITE
20. All on -site two-way drive aisles shall be 26 feet wide.
21. A clearly designated pedestrian walkway of adequate width shall be provided to
centralize a location for pedestrians entering or leaving the retail areas and
accessing the retail parking. A pedestrian walkway shall be designated along the
west and south sides of the ground floor parking level. Traffic signage, lighting,
pavement markings, and/or other visual cues shall be incorporated in the design
of the ground floor parking level to support the use of the walkway by pedestrians
and alert vehicles of the potential for crossing pedestrians.
Resolution No. 21744
Page 16 '
22. Curbed end islands within the ground floor parking level adjacent to spaces
13/27, 39, and 55/64 shall be widened to ensure adequate sight distance.
23. Cut -through traffic across the northerly commercial/service drive aisle shall be
prohibited. Traffic signage, lighting, pavement markings, speed bumps and/or
other visual cues shall be incorporated in the design of the ground floor parking
level to prohibit cut -through traffic.
24. The applicant shall verify that the geometrics proposed at the commercial/service
entry and exit can accommodate anticipated service and delivery vehicles. A site
plan with superimposed design vehicle turning path templates shall be provided
to the City Engineer to verify that access for service and delivery vehicles is
accommodated.
SANITARY SEWER
25. All sanitary facilities shall be connected to the public sewer system. New laterals
shall not be connected at manholes.
26. 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
27. Submit a Precise Grading and Paving Plan prepared by a California registered
civil engineer to the Engineering Division for review and approval. A Fugitive
Dust Control Plan shall be prepared by the applicant and/or its grading contractor
and submitted to the 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 Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook,
Resolution No, 21744
Page 17
shall be submitted to and approved by the Engineering Division prior to approval
of the Grading plan. The Precise Grading and Paving Plan shall be approved by
the City Engineer prior to issuance of grading permit.
a. 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 or site plan; a copy of current Title Report; a copy of Soils Report; and a
copy of the Water Quality Management Plan.
28, 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.
29. In accordance with City of Palm Springs Municipal Code, Section 8.60.025 (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.
30. 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.
31. 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 Rough 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
32. 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
Resolution No. 21744
Page 18 ,
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 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.
33. A Water Quality Management Plan (WQMP) shall be submitted to and approved
by the City Engineer prior to issuance of a grading permit. The WQMP shall
address the implementation of operational Best Management Practices (BMP's)
necessary to accommodate nuisance water and storm water runoff from within
the underground parking garage and the ground floor parking level. Direct
release of nuisance water to adjacent public streets is prohibited. Construction of
operational BMP's shall be incorporated into the Precise Grading and Paving
Plan.
GENERAL
34. 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.
35. All proposed utility lines shall be installed underground.
36. 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. I
Resolution No. 21744
Page 19
37. 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 (AutoCAD ASCII drawing exchange file), and
PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of
the digital data to be submitted to the City may be authorized, upon prior
approval of the City Engineer.
38. 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.
39. Nothing shall be constructed or planted in the comer cut-off area of any
intersection or 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.
40. 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
41. 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 parcels 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.
42. 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 the Final Map.
43. 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
Resolution No. 21744
Page 20
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
data to be submitted to the City may be authorized, upon prior approval of the
City Engineer.
44. 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 for utility purposes to California Electric Power
Company, recorded October 24, 1958, as Instrument No. 76730; a non-exclusive
right to use right of way and easement on, across and upon land in favor of Saks
& Company, recorded March 4, 1958, in Book 2232, Page 198, Official Records;
and an easement for public utility purposes to Southern California Edison
Company, recorded June 18, 1992, as Instrument No. 225090, shall be
extinguished, quit -claimed, relocated or abandoned to facilitate development of
the subject property. Building(s) encumbered by existing record easements are
rendered unbuildable until such time as these easements are removed of record '
and are not an encumbrance to the property.
TRAFFIC
45. As determined by The Palm Canyon Planned Development District Focused
Traffic Impact Analysis prepared by Endo Engineering dated June 14, 2006, the
following mitigation measures are required:
a. The project one-way access points on Palm Canyon Drive and Indian Canyon
Drive are restricted to either left -turn ingress or egress only. Install traffic
striping and signage improvements to implement the access restrictions as
required by the City Engineer-
b. Install a "Commercial/Service Entry Only" sign facing the southbound traffic
on Palm Canyon Drive at the driveway approach at the northwest corner of
the site. Install raised reflectorized pavement markers or speed bumps on -site
to discourage the use of this entry by non -site traffic avoiding the traffic signal
at the intersection of Palm Canyon Drive and Ramon Road, as required by
the City Engineer.
c. Traffic striping and signage shall be installed prohibiting on -street parking
along the Indian Canyon Drive site frontage to provide adequate site distance I
from the proposed driveways.
Resolution No. 21744
Page 21
d. Provide a minimum 50 feet long driveway throat at the southerly retail entry
on Indian Canyon Drive and provide a 4 inch solid yellow stripe between the
entry and exit lanes. Provide signage for northbound traffic on Indian Canyon
Drive indicating that the two-way driveway is for retail vehicles only, as
required by the City Engineer.
e. To discourage retail customer vehicles from using the one-way site exit onto
Indian Canyon Drive at the northeast corner of the site, install an on -site
"Commercial/Service Exit & Residential Entry" sign and/or install raised
reflectorized pavement markers or speed bumps on -site, as required by the
City Engineer.
f. Install distinctive entry treatments (including signage, lighting, pavement
markings, and/or other visual cues) at the residential only entry at the
northeast corner of the site on Indian Canyon Drive to decrease the potential
for motorist confusion. A residential/guest turnaround shall be provided on -
site.
g. Sychronize the traffic signals for eastbound and westbound traffic on Ramon
Road prior to issuance of a certificate of occupancy, unless otherwise allowed
by the City Engineer.
h. Traffic striping and signage shall be installed prohibiting on -street parking
along the north and south sides of Ramon Road between Palm Canyon Drive
and Indian Canyon Drive, and to provide two eastbound through lanes. A 175
feet long left turn bay for westbound traffic, and a 125 feet long left turn bay
for eastbound traffic shall be provided. Submit traffic striping and signage
plans prepared by a California registered civil engineer or traffic engineer for
review and approval by the City Engineer.
46. Install a 24 inch stop sign, stop bar, and "STOP" legend at all project exits, in
accordance with City of Palm Springs Standard Drawing Nos. 620-625.
47_ A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
Minimum clearance on public sidewalks or pedestrian paths of travel 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 Palm Canyon Drive, Indian Canyon Drive, and Ramon
Road frontages of the subject property.
48. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, and street lights, associated with the proposed development
Resolution No. 21744
Page 22 '
shall be replaced as required by the City Engineer prior to issuance of a
Certificate of Occupancy.
49. 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.
50. 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, Insufficient information: There is insufficient information to completely provide
all fire department conditions. These Fire Department conditions may not provide
all requirements. Detailed plans are still required for review.
2. Public Safety CFD
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.
Resolution No. 21744
page 23
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.
3. Plot Plan: Prior to completion of the project, a 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.
4. 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_
5. Radio Communications: The building will include all necessary wiring and
antennas required for a "Built -In Radio Amplification System". This requirement is
necessary for fire department radio communications within the building.
6. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is
required_
7. Audible water flow alarms: An approved audible sprinkler flow alarm shall be
provided on the exterior of the building in an approved location. An approved
audible sprinkler flow alarm to alert the occupants shall be provided in the interior
of the building in a normally occupied location. (904.3.2 CBC)
8. Fire Hydrant & FDC Location: A public commercial fire hydrant is required
within 30 feet of the Fire Department Connection (FDC). Fire Hose must be
protected from vehicular traffic and shall not cross roadways, streets, railroad
tracks or driveways or areas subject to flooding or hazardous material or liquid
releases.
9. Fire Department Connections: Fire Department connections shall be visible
and accessible, have two 2.5 inch NST female inlets, and have an approved
check valve located as close to the FDC as possible. All FDC's shall have KNOX
locking protective caps. Contact the fire prevention secretary at 760-323-8186
for a KNOX application form.
1 10. Class 1 Standpipe: A Class 1 Standpipe system is required and shall be
installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9,
Std. 9-2 and Sec. 903. Standpipes will be required at every level in the stairwells.
Resolution No, 21744
Page 24 '
11. 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.
12. Fire Alarm System: Fire Alarm System required. Installation shall comply with
the requirements of NFPA 72.
13. 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 feet from
such roads. CFC 902.2.1 Applicant must add required access routes to the
existing plans to meet code requirements and submit changes to the fire
department for approval.
14. Mid Rise/High Rise: High-rise and mid -rise buildings shall be accessible on a
minimum of two sides. Roadways shall not be less than 10 feet (3048 mm) or '
more than 35 feet (10 668 mm) from the building. Landscaping or other
obstructions shall not be placed or maintained around structures in a manner so
as to impair or impede accessibility for fire fighting and rescue operations.
15. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal hazards.
Show proposed extinguisher locations on the plans. (1002.1 CFC)
Extinguishers shall be mounted in a visible, accessible location no more than 5
feet above floor level. Preferred location is in the path of exit travel near an exit
door.
16. Water Supply: The water supply and location/s of fire hydrants must be
approved prior to any work being performed on the job site. (903.1 CFC)
17. 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)
Resolution No. 21744
Page 25
18. Vertical Clearance for Underground Parking: Palm Springs fire apparatus
require an unobstructed vertical clearance of not less than 8 feet 6 inches.
(9022.2.1 CFC)
19. 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.
20. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry
System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC
Cap, or Decal approved for use by the City of Palm Springs Fire Department.
21. Building or Complex Gate Locking Devices: Locked gate(s) shall be
equipped with a Knox key switch device or Key box. Boxes shall be mounted at
6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox
application form. (902.4 CFC)
22. Underground Parking: A Class III Standpipe system is required and shall be
installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9,
1 Std. 9-2 and Sec. 903. Hose will not be required.
23. Underground Parking: Automatic smoke removal system to be required for
subterranean parking_
24. Ground Level Parking Structure: Capable of supporting a vehicle weighing
73,000 pounds and 13 feet 6 inches in height.
25. Turn -Around Requirements for Subterranean/Ground Parking: 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)
:26. Ventilating Hood & Duct System: A ventilating hood and duct system shall
be provided for commercial -type food heat -processing equipment that produces
grease -laden vapors. (1005.1 CFC)
27. Fire extinguishing system required: Approved automatic fire extinguishing
systems shall be provided for the protection of commercial type cooking
equipment. (1005.2.1 CFC)
28. Elevator Stretcher Requirement: Elevator shall be designed to accommodate
medical emergency service. The elevator(s) so designed shall accommodate the
1 loading and transport of an ambulance gurney or stretcher 24 inches by 76
inches in the horizontal position. The elevator entrance shall have a clear
opening of not less than 42 inches wide or less than 78 inches high. The
Resolution No. 21744
Page 26 '
elevator car shall be provided with a minimum clear distance between walls or
between walls and door excluding return panels not less than 80 inches by 54
inches, and a minimum distance from wall to return panel not less than 51 inches
with a 42 inch side slide door. (3003.5a CBC)
29. 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)
Gates
30. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at
least 15 feet and be equipped with a frangible chain and padlock. (8.04.260
PSMC)
31, Access Gate Obstructions: Entrances to roads, trails or other access ways,
which have been closed with gates and barriers, shall be maintained clear at all
times. (902.2.4.1 CFC).
32. Access During Construction: Access for firefighting equipment shall be '
provided to the immediate job site at the start of construction and maintained until
all construction is complete. Fire apparatus access roads shall have an
unobstructed width of not less than 20 feet and an unobstructed vertical
clearance of not less than 13"6". Fire Department access roads shall have an all
weather driving surface and support a minimum weight of 73,000 lbs. (Sec. 902
CFC)
END OF CONDITIONS