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HomeMy WebLinkAbout21808 - RESOLUTIONS - 1/17/2007 RESOLUTION NO. 21808 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NUMBER 3.2952, TENTATIVE TRACT MAP 35019, PS DEL GRANO II, A PROPOSED 81 UNIT CONDOMINIUM PROJECT ON 7.11 ACRES LOCATED AT THE NORHEAST CORNER OF AMADO ROAD AND AVENIDA CABALLEROS. WHEREAS, PS Del Grano II LLC (the "Applicant") has filed an application with the City pursuant to Section 94.04.00 of the Palm Springs Zoning Code, for the development of a condominium project under the provisions of Section 94.04.00 of the Palm Springs Zoning Code; 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 35019; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 3.2952, consisting of Major Architectural Approval and Tentative Tract Map 35019, was given in accordance with applicable law; and ' WHEREAS, on December 13, 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 an Environmental Assessment has been prepared for this project and has been distributed for public review and comment in accordance with CEQA; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the Planning Commission has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Case Number 3.2952, consisting of Major Architectural Review and Tentative Tract Map 35019, was given in accordance with applicable law; and WHEREAS, on January 17, 2007, a public hearing on the application was held by the ' City Council in accordance with applicable law; and Resolution No. 21808 Page 2 WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, ' and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the project, including but not limited to the staff report, and all written and oral testimony presented. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: A Mitigated Negative Declaration (MND) has been completed in compliance with CEQA, the State CEQA Guidelines, and the City's CEQA Guidelines. The City Council 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 City Council 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 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 project is consistent with both the General Plan and the Section 14 Specific Plan. b. 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 Tentative Tract Map is consistent with the allowable uses in the R-4 zone, and the project design meets the requirements of the zone. C. The site is physically suited for this type of development. The site is flat and surrounded by existing development and City streets. The construction of residential buildings on the site is appropriate at this location. 1 Resolution No. 21808 Page 3 d. The site is physically suited for the proposed density of development_ ' The site can accommodate the 81 units proposed. The zoning designation for the property allows up to 29 units per acre, and the project is below that density. 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 has been reviewed under the California Environmental Quality Act, and a Mitigated Negative Declaration is proposed. Mitigation measures have been included which reduce potential impacts to less than significant levels. 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 will be required to meet or exceed City building codes. The project will not cause public health problems. 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 adopts the Mitigated Negative Declaration for Case Number 32952, Tentative Tract Map 35019, and directs staff to file the associated Notice of Determination. Section 4: The City Council approves Case Number 3.2952, Tentative Tract Map 35019, subject to the Conditions of Approval attached hereto as Exhibit A, and as shown on the Tentative Tract Map 35019 and Development Plans attached to the City Council Staff Report dated January 17, 2007 and included herein by reference. 1 Resolution No. 21808 Page 4 ADOPTED THIS 17th day of January, 2007. David H. Ready, Cit ager ATTEST: mes Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 21808 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 January 17, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tern ' Pougnet, and Mayor Oden. NOES: None. ABSENT: Councilmember Mills. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California 1 Resolution No. 21808 Page 5 EXHIBIT A ' Case No. 3.2952 -- TTM 35019- PS Del Grano II LLC Northeast corner of Amado Road and Avenida Caballeros ("Privado") CONDITIONS OF APPROVAL January 17, 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 3.2952, Tentative Tract Map 35019. 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. 21808 Page 6 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 be 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 Cade regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family ' residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and/or park improvement fees. The parkland mitigation amount shall be based upon the cost to acquire and fully improve parkland. The applicant shall submit a property appraisal to the Planning Services Department for the purposes of calculating the Park Fee, The Park Fee payment and/or parkland dedication shall be completed prior to the issuance of building permits. Environmental Assessment 7. The mitigation measures of the Initial Study 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 Resolution No. 21808 Page 7 assessment. Mitigation measures are included in the Initial Study, 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. ' 10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $2000, for the review of the CC&R's by the City Attorney. A filing fee, in accordance with the fee schedule adopted by the City Council, shall also be paid to the City Planning Services Department for administrative review purposes. Final Design 11. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 12. 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. Resolution No. 21808 Page 8 General Conditions/Code Requirements 13. 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. 14. 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. 15. 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. 16. 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. IT All materials on the flat portions of the roofs shall be earth tone in color. 18. 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. 19. 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. 20. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 21. 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. 22. The street address numbering/lettering shall not exceed eight inches in height. 23. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of ' Resolution No. 21808 Page 9 Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 24. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. 23. The huilrline_d,esj 'A..d "Ch,h b.... " shell be relaeated e-ab.h . ..h QC7 .rrler Led tO o a.i -ilding n Faty-..I. hofi..oy,-r�h�se-bulid4-xgs: ..=The final design Of the Oje4r, n 11 ee nideF that adequate .. ..es.. OS pro Aeled-fe the-b-ae ..nfinn e.f . .,if.. ..,ifh "hest fe heel-rearjvrvr. Engineering Division STREETS 27. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 28. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 29. 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 required by the City Engineer. 30. The project drives may be constructed of pavers or asphalt, at the developer's option. 31. Wh. U bliG rledaGat aan of .h- ghf S_nf_way ever-TFFbal-Allettee-lafid are ._,d the applisenF ssnllhn responsible f.. ...nlienre ..A�ah_eii�are�.+-ef i, din. Affairs (B I A ) ro eR es-ia91 di f f any SI n fees, $fining r appraisals-aad payment of i sf-nfr.m ne�s�e�inr to the underlying ,.GWReF. If is the pliG s—r spans♦billily 4to deteFM Re what—additional Casts OF Other Asa me.. he ........ssa . to obtaiR any requi Fe J ..0 blie dam. dio w...a vtions i by the City fal. Mhin d......1........�..+ Req iFed _ r.a li�cTyndi....ti.. r Resolution No. 21808 Page 10 easements—car--rights of way are "without limitation as to teR Fe". �� �--«�easemeats gr-ar4e4-wit-a-lef+r,.. ;� A ;n .........,,.fion with an ,,ndeFlying IRdman ' Lead-L-easer-slial4-n&t-be,ac-c-epted. When public dedications of easements or rights-of-way over Tribal Allottee land are required, the applicant shall be 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 any required public dedications as identified by the City for this development. 32. Upon completion of required improvements by the applicant, and as a condition of acceptance by the City Engineer, the applicant shall prepare for the City Engineer's approval, an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for any improvements constructed by the applicant for which an easement was dedicated to the City through the Bureau of Indian Affairs. The Affidavit of Completion shall be provided to and approved by 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. AVENIDA CABALLEROS ' 33. Remove the existing driveway approach and construct curb and gutter to match existing improvements, in accordance with applicable City standards. 34. Construct a meandering 5 feet wide sidewalk and 10 feet wide Class I meandering bicycle path along the entire frontage to match the existing sidewalk and bicycle path. 35. Remove the existing asphalt concrete ramp, and construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Avenida Caballeros and Amado Road in accordance with City of Palm Springs Standard Drawing No. 212. 36. All broken or off grade street improvements shall be repaired or replaced. AMADO ROAD 37. Construct a 6 inch curb and gutter, 32 feet north of centerline along the entire frontage, in accordance with City of Palm Springs Standard Drawing No. 200. 38. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in ' accordance with City of Palm Springs Standard Drawing No. 210. Resolution No. 21808 Page 11 39. Construct a 48 feet wide new street intersection for the Main Entry with the ' centerline of the Main Entry located approximately 415 feet east of the centerline of Avenida Caballeros. The Main Entry shall be constructed with 25 feet radius curb returns and spandrels, and a 6 feet wide cross-gutter, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 40. Construct a Type C curb ramp meeting current California State Accessibility standards on each side of the Main Entry intersection in accordance with City of Palm Springs Standard Drawing No. 214. 41. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 325. 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. ON-SITE PRIVATE STREETS 42. Dedicate easements for public utility purposes, ineltlefiag sewefs with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. 43. All on-site private streets shall be two-way with a minimum 24 feet wide travelway (as measured from back of curb) where no on-street parking is proposed. 44. All on-site private streets shall be constructed with standard 6 inch curb and gutter, a wedge curb, or other approved curbs, and cross-gutters, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system. 45. The minimum pavement section for all on-site pavement shall be 2'/2 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. 46. Parking shall be restricted along both sides of the 24 feet wide on-site private streets, as necessary to maintain a minimum 24 feet wide clear two-way travel way. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the private streets as necessary to enforce parking restrictions. The Home Owners Association (HOA) shall be responsible for regulating and maintaining Resolution No. 21808 Page 12 required no parking restrictions, which shall be included in Covenants, ' Conditions, and Restrictions (CC&R's) required for the development. 47. 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_ SANITARY SEWER 48. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 49. 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. 50. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. T plans +,-�,_ C y Eng,n U �sr�e afar„� I MMng-peer its. 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. Sewer manhole covers shall be identified as "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. The plans shall be approved by the City Engineer prior to issuance of any building permits. 51. �v S ra`ctapata�Ie 8 inGh V.G.P. ei mai- the o site ppnvaate StF ets conn Vie+ to the p ,hlie sewe r,......i,. Cn...! A II .. mains anstruated �nll......# en.-I to hecomn rF f the .. hl'r +em . 1h 1l k. .J' F�rrccmr-ar,v-cv-vcw*+'c-pc�rTv�rc**�' r�Jcl-�`7a�rrr`mcc11 Ua �4,J1Tcn T �Ihl v�.vd--�pr'iorr-tea-ac^�eepp+ranGe ..fig vrm��ev �#r. _ F.. �-#eAaRGe,-by4lqe Gi y. A cemp ,tee dirr_ of +ke .:A-o reeaFdin.-,� _"_11rI­ A +k- C 'neer f.,.- e•i eke, A rJ cf.. + f 4h4 m.+i .h II he r........orl ..I.. ,�,-1 L�iR4L'I-fOT-ITr�+ �G� +�TarSrM1 �t119V11 S'f{TTr•aGi ] , p�Maire 1 e+�� ....+ir... atisf of the limit., cr.�e,r�e6eptiinavvc GRADING" 52. Submit a Precise Grading and Paving Plan prepared by a California registered civil engineer to the Engineering Division for review and approval. The Precise , Resolution No. 21808 Page 13 Grading Plan shall be approved by the City Engineer prior to issuance of grading ' permit_ a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and Information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www,AQMD.gov. A 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 or Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 53. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 54. A National Pollutant Discharge Elimination System (NPDES) stormwater permit, issued from the California Regional Water Quality Control Board (Phone No. 760- Resolution No. 21808 Page 14 346-7491) 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. 55. In accordance with City of Palm Springs Municipal Code, Section 8.50.025 (c), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre for mitigation measures for erosion/blowsand relating to this property and development. 56. A Geotechnical/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 Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. Evaluation of and recommended improvements for the existing asphalt concrete pavement within the secondary emergency access road off of Avenida Caballeros shall be addressed by the Geotechnical/Soils Report prepared for this development. 57. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent ' To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 58. 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 retention 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 Study, prepared by Sanborn A/E, Inc., dated March 2006, shall be updated to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention system sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the final hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 59. Submit storm drain improvement plans for all on-site storm drainage system ' facilities for review and approval by the City Engineer. Resolution No, 21808 Page 15 60. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site streets into the on-site underground retention system, as described in the Preliminary Hydrology Study, prepared by Sanborn A/E, Inc., dated March 2006. The Preliminary Hydrology Study shall be amended to include catch basin sizing, storm drain pipe sizing, and underground retention system sizing calculations and other specifications for construction of required on-site storm drainage improvements. 61. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on-site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 62. The applicant is advised that the proposal for an underground retention system within the landscaped parkway along Amado Road may preclude the ability to install appropriate landscaping as may be required by the Department of Planning Services_ The underground retention system shall be designed at a sufficient depth to allow typical landscape planting, including trees, and in a manner that does not interfere with the ability of the system to receive runoff in the future. 63. The proposed underground retention systems shall be installed on-site and not within the public right-of-way. The underground stormwater retention systems shall be sized to have a sufficient capacity equal to the volume of increased stormwater runoff due to development of the site, as identified in a final hydrology study approved by the City Engineer. A decrease to the required retention volume may be allowed for percolation of the stormwater runoff into the underlying gravel and soil, not to exceed 2 inches per hour. Provisions for maintenance of the underground stormwater retention systems shall be included in Covenants, Conditions, and Restrictions (CC&R's) for the Home Owners Association (HOA), including reference to the fact that maintenance and/or replacement of the systems may require removal of existing landscaping improvements within the Amado Road landscape parkway at the sole expense of the HOA. The CC&R's shall reserve the right of the City to inspect and ensure that the underground retention systems are operable, and in the event of their failure, shall provide the City the right to advise the HOA and require its repair or replacement to the satisfaction of the City Engineer. 64. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $9,212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 65. 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 Resolution No. 21808 Page 16 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 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. GENERAL 66. 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. 67. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required ' fees for the utility companies. Resolution No. 21808 Page 17 68. All proposed utility lines shall be installed underground. ' 69. 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_ 70. 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. 71. 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. 72. 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 ' an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 73. 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 74. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. 75_ 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, 76. 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 W.S. Digital Submission" from Resolution No. 21808 Page 18 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.LS. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC 77, Submit traffic striping plans for Amado Road, prepared by a California registered civil engineer, for review and approval by the City Engineer. All required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, and prior to issuance of a certificate of occupancy. 78. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of Amado Road and the Main Entry and at , Avenida Caballeros and the secondary emergency access road, in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 79. If identified by a name, install a street name sign at the intersection of Amado Road and the Main Entry, in accordance with City of Palm Springs Standard Drawing Nos. 620 through 625. 80. 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 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 Avenida Caballeros and Amado Road frontages of the subject property. 81. 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. 82. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Resolution No. 21808 Page 19 Waste Disposal 83. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department 84. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Building Department 85. Prior to any construction on-site, all appropriate permits must be secured. Fire 86. 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. 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. 87. 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. 88. 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. 89. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ' ordinance for all buildings. Resolution No, 21808 Page 20 90. 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. 91. Location of Fire Department Connections: The connection inlets must face the street, and be located on the street side of the building. The face of the inlets shall be 18 inches horizontal from the back edge of sidewalk (or back of curb, if no sidewalk), and shall be 36 to 44 inches in height to center of inlets above finished grade. No landscape planting, walls, or other obstructions are permitted within 3 feet of Fire Department connections. The FDC and supporting piping shall be painted OSHA safety red. 92. The address of the building served shall be clearly indicated on the Fire Department Connection (FDC). A sign with this information shall be placed on or near the FDC. The sign shall be constructed of metal. The sign face, lettering, and attachment shall be made of weather and vandal resistant materials. Sign background will be bright red. Letters will be bright white_ Sign format will be substantially as follows: F. D. C. SERVES 425 S. SUNRISE WAY ALL BLDGS. IN COMPLEX 93. Valve and water-flow monitoring: All valves controlling the fire sprinkler system water supply, and all water-flow switches, shall be electrically monitored where the number of sprinklers is one hundred or more. (Twenty or more in Group 1, Divisions 1.1 and 1.2 occupancies.) All control valves shall be locked in the open position. Valve and water-flow alarm and trouble signals shall be distinctly different and shall be automatically transmitted to an approved central station. (1003.3.1 CFC) 94. Fire Hydrant & FDC Location: A commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. 95. 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 Resolution No. 21808 Page 21 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. 96. Fire Alarm System: Fire Alarm System is required and installation shall comply with the requirements of NFPA 72. 97. Audible 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 (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 98. 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) 99. Fire Alarm System Plans: Alterations and modifications to an existing Fire Alarm System require a fire alarm plan. 100. Added Fire Alarm Components: Any smoke detectors, heat detectors, or audible and visual devices added to the existing system shall be new, and the same brand, style, and type as those already installed in the building. Exceptions only with advance approval of the Fire Plans Examiner. Contractor to provide manufacturers cut sheets for all alarm devices used, with documentation of devices existing in the building_ 101. Plan Submittal: The contractor should submit fire alarm system plans as soon as possible. Submittal shall include manufacturer's data/cut sheets and listings with expiration dates on all equipment and materials used. Include battery calculations with submittal. 102. Wiring Installation: The installation of all Fire Alarm Wiring and Equipment shall be in accordance with NFPA 72, 760, NEC. The plans as approved by the City Council have been reviewed by the Fire Department. The plans are consistent with this condition. 103. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) 1 Resolution No. 21808 Page 22 Minimum Access Road Dimensions: ' 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. For two-way private streets, a minimum width of 24 feet will be required. No parking shall be allowed in either side of the roadway. The plans as approved by the City Council have been reviewed by the Fire Department. The plans are consistent with this condition. 104. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck weighing 73,000 pounds GVW. (902.2.2.2 CFC) The minimum inside turning radius is 30 feet, with an outside radius of 45 feet. The plans as approved by the City Council have been reviewed by the Fire Department. The plans are consistent with this condition. 105. 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 roads. CFC 902.2.1. The plans as approved by the City Council have been reviewed by the Fire Department. The plans are consistent with this condition. 106. Secondary Access: A secondary access shall be provided for all developments ' with 25 or more dwelling units. (Appendix III-D 2.1 CFC) 107. Reduced Roadway Width: Areas with reduced roadway width (such as entry and exit gates, entry and exit approach roads, traffic calming areas) that are under 36 feet wide require red painted curb to maintain minimum 24 foot clear width. Red curb shall be stenciled "NO PARKING' and "FIRE LANE" with white paint. (901.4 CFC). 108. Access Gates: Fire/Police/Ambulance access gates shall be at least 24' 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. 109. Access: Main entrance on Amado Road shall have both left and right turn access into the development. 110. 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 ' Resolution No. 21808 Page 23 meeting the Palm Springs Public Works and Engineering Department standard ' dated 9-4-02. 111. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches including trees. (9022.2.1 CFC) 112. Emergency Key Box: A Knox key box is required for access to the fire sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 113. Key Box Contents: The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. NOTE: This will apply to the Community Center Building and the Fitness Center Building. 114. 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) 115. 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) 116. Fire hydrant systems: Following Fire Department selection of hydrant locations, plans and specifications for fire hydrant systems shall be submitted to the fire department for review and approval prior to construction. (901.2.2.2 CFC). All fire hydrants shall be installed in accordance with DWA specifications and standards. No landscape planting, walls, fences, signposts, or aboveground utility facilities are permitted within 3 feet of fire hydrants, or in line with hose Connections. 117. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 118. 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 Resolution No. 21808 Page 24 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) 119. Fire Flow: Fire flow for this project is estimated to be 1500 GPM. 120. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. (1002.1 CFC) Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is along the path of exit travel or near an exit door. Extinguishers located outdoors must be installed in weather and vandal resistant cabinets approved for this purpose. Cooking requirements for the Community Center Building: 121. The residential stove in the Community Building kitchen will only be used to heat water and warm food. 122. The use of cooking oils and deep frying applications will not be used at this facility. 121 A sign will be permanently installed in the kitchen stating how the stove ' may be used for warming of foods and heating of water only. 124. The fire extinguisher located in the kitchen will be in accordance with NFPA 10, Chapter 5. Class K fire extinguisher will be required. •1r0s.Ale .{ - m—A-pe 1 Yentilnff:ng hood and d ur#-system shall be provided heat proeess-.ia-equi Amei# that ..-.rLplva eeS gF8 Cn.. la.Ae , .,.,_..... a,,,# r eke. (1005.1 rrr nIF'on owl —F.`i�Fe—Fi�t,� �I..:., c.,�ao.., o,,.....:�e..i_ n.,.,�n.,crl I n "3nn �.#,...,a+'C— ift'- EYeL'I ms-- r .i -ded . the # r_ n �v�. �#1Tr � Tf F' � i�v`� 1 Y" $gek rin._-ent (1005 7 1 2 GFQ 4_ nlCPn 47JW 127. Hood : Duct Fire P.ateCtiOR ste ^ erage: The auW...MOP fmF.P appl shall be installed to in,.I. de GeGkip�,� deep-fat- nyeor, g4d4le 9rIt h.oi legs . lti u�ngc-tern�ll.. rnll.�.. cv.�vii'Ic v� 9be provided f9n__r th Inn ,J I nr.r.+' 1 A+hi.. #hn hn d h .in l nd vc�rv�'Ig4F11vr-�TiV� 7�'17•rml-rrr r�nvv��vm�+ • ExOausWwats­6eP.4n 9 the hood (1005 rl 3 1 GlZq 1 17�d 9� fl.�.n FiiLTrvin•,a,.v4;-n Says ,-u`hm:tta'.* The nntr_aGtOF Sh-.nvr�1d sub rn it--frfe-extinguis-hiag-system pans as seen as possible. %w4n'„rrru;-ill ' Resolution No. 21808 Page 25 indude crirvfaGla i�riS Aa4'rr@at . tiro and I:o#".. .:r+htivn'ra+'ra.. dates .+i ' E�Nl�rflertt-a�'.r,-.^"aicrniiszr"sc� em with l�.....men Exhaust Duet ►.. IIII,r1+iple Hoods: �at..�-..�a' rrvmmrrvr r Tear.�pre-rrvvas; Gash at...hnd nnnLi..n a...-.I � d h� .-h _..h.. ..+ di �y. d' +I nnnns+ed + th h ed shall be etec ed h.. tee #n....- mfccz'rji�,rcacca cv n is r iu a--p]--'a-��•�'-an.�rr-v;�n.�•'-s�rnv dew Gd or ll-aneaus nr.o.a+ia^ is 1 n WF4:1e�M 430 Hood ➢ DLwA FiFe b..-. -S 4�... UI-�� o....:n.., o of rlr.. � '-9fie4fi�"r�r�ai��^. ii iF}5tbe feee� e•,dati., of y,al.- e I ..s+ f appir .,d_eR . 4a6lh-.ed. �n cc tansaFO ecvnIendod ar approval fe i-M-A +o +he C Nh ' rife no., mrp-f}aal approval. 144—.—P GAahle W C.hin nhe-M for Fo g_Pr.Grwss:n]�M_ In 'ter. '�'�wrtivrrty tke f•..ad ste F,rr,r eXtiR h listed and labeled Fa.• Gla s I fif' shall ^ �'^�" '^ cu i�c�srrun---be- installed •th' 39 fan# f fend heat sing equipment,n+ . n •r'iin�iii zav--n.. r$•al '�5 as measured an r r.+.^# eted ..nth-of travel (1 nnG 2 7 rcrI/ Th., Fefeffed location near the _.."+ fro the ranequipment aTea. sed �at:nn nr, the plans. 432 rAvv.[Ma.,matic "o',-. ere a C..elvhHteff5: T_".. arr+a..,a+•n fin extinguishing ...te :cl'- no-rw sha" be '^tn.•n nncn+c.J #a the fr.al.nr_v urren..s':.. ply..^..... u .. p ... v, ��v ^©el�inQ eRaipment. "Fklc .^ ,n,eetinn shall shut off all_Goolu . nt and ela.h.:nal Fe eptaGte-S Mt nh are lApa#ad ..dn�t e hna.} ..rha., +hv n..`+nm n+�a+vd @h + fF •k— /snteh s shall be of as type that gU;Fen manual a .Fagan to ro et (1.11.05 P 4 4 rmnc.. ..��.., .,� .gyp... ��y....�.. ..p.�..,......�. i .�.. . � � G -) 133 FiFe c. m;-Systems Testing: The-hood- and EJU6t_ f•Fa ext•n nh•n system s Al he f netian t.,sted ..rinr to final a eptance.. call +ha fffc preynnr&44 se..reta.y_..# 760 03203 0146 fn..a.}; iAspeet on appempArneAt 134. 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) Agua Caliente Band of Cahuilla Indians 135. Prior to issuance of building permits, the applicant shall pay the $800.00 per acre Valley Floor Conservation Area fee to the Tribe as required by the THCP. 136. Prior to any ground or habitat disturbance associated with any Covered ' Project on the Reservation on a site which provides potential burrowing Resolution No. 21808 Page 26 owl habitat, the Covered Project Proponent shall cause a pre-construction survey of the site to be conducted for presence of the species. ' a. Surveys and relocation, if applicable, shall be conducted between September 1 and January 31 in accordance with the California Department of Fish and Game (CDFG) Staff Report on Burrowing Owl Mitigation (1995) or other then-current protocols as directed by the Tribe. b. Owls should be excluded from burrows in the Development Envelope and within an appropriate buffer zone by installing one-way doors in burrow entrances or other techniques as deemed appropriate. The biological monitor must ensure through appropriate means (e.g. monitoring for owl use, excavating burrows) that the burrows to be impacted are not being used. The Tribe shall determine whether creation of artificial burrows is necessary as part of the relocation effort. C. Occupied burrows shall not be disturbed during the nesting season unless a qualified biologist verifies through non-invasive methods that either: (a) the birds have not begun egg laying and incubation; or (b) that juveniles from the occupied burrows are foraging independently and capable of independent survival. 137. Based on the project location within the Tribe's Traditional Use Area, the ' THPO requests copies of any cultural resource documentation that might be generated in connection with these efforts for permanent inclusion in the Agua Caliente Cultural Register. 138. Experience has shown that there is always a possibility of encountering buried cultural resources during construction related excavations. Given that, the Tribe requests that an Approved Cultural Resource Monitor(s) be present during any survey and/or any ground disturbing activities. Should buried cultural deposits be encountered, the Monitor may request that destructive construction halt and the Monitor shall notify a Qualified (Secretary of the Interior's Standards and Guidelines) Archaeologist to investigate and, if necessary, prepare a mitigation plan for submission to the THPA. Please contact the Tribal offices for further information about Approved Cultural Resource Monitors. END OF CONDITIONS 1