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HomeMy WebLinkAbout21864 - RESOLUTIONS - 4/18/2007 RESOLUTION NO. 21864 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING A MITIGATED NEGATIVE DECLARATION THEREBY APPROVING CASE NO. 5.1108, TENTATIVE TRACT MAP 34580 AND PLANNED DEVELOPMENT DISTRICT 326, FOR THE DEVELOPMENT OF 66 TOWN HOME UNITS AND COMMON AREAS, ON AN APPROXIMATE 6.9-ACRE PARCEL, LOCATED ALONG THE WEST SIDE OF BELARDO ROAD SOUTH, ZONE R-3, SECTION 22. WHEREAS, Wessman Holdings, 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 326; and WHEREAS, Wessman Holdings, LLC (the "Applicant") has filed an application with the City pursuant to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Tract Map 34580; and WHEREAS, notice of public hearing of the Planning Commission of the City of Palm Springs to consider Case Number 5.1108, consisting of Planned Development District 326, Tentative Tract Map 34580, and project architectural approval was given in accordance with applicable law; and WHEREAS, on February 14, 2007, a public hearing on the application for Case Number 5.1108 consisting of Planned Development District 326 and Tentative Tract Map 34580 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, the Planning Commission has previously approved the architectural design and conditional use permit for the project and recommended approval of the Tentative Tract Map 34580 along with the environmental assessment to the City Council; and Resolution No. 21864 Page 2 WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider Planned Development District 326 and Tentative Tract Map 34580 was given in accordance with applicable law; and WHEREAS, on April 18, 2007, a public hearing on the application for the Planned Development District and Tentative Tract Map was held by the City Council in accordance with applicable law; and WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City Council has considered the effect of the proposed project on the housing needs of the region, and has balanced these needs against the public service needs of residents and available fiscal and environmental resources; and WHEREAS, 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, and therefore the City Council adopted a Mitigated Negative Declaration for the project. 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 94.03.00 (E) of the Palm Springs Zoning Code, the City Council makes the following findings: a. The proposed planned development is consistent and in conformity with the general plan pursuant to Sections 94.02.00 (A)(4) of the Palm Springs Zoning Code. The proposed planned development is consistent with the goals and objectives of the General Plan. The project will bring revitalization to an area that has been blight for decades. Additionally, the site is surrounded by existing developments to the north, east and south. With the addition of new residential use to this location, the shopping center located east of the site will stand to benefit from the new population to the City. Resolution No. 21864 Page 3 b. The subject property is suitable for the uses permitted in the proposed planned development district, in terms of access, size of parcel, relationship to similar or related uses, and other relevant considerations. The project site is relatively rugged and can accommodate building pads, internal streets, and drainage. Adequate access is proposed onto main streets, Belardo Road South, and South Palm Canyon Drive. The size of the parcel is 6.9 acres; relative to similar developments within the City, the location will accommodate the proposed planned residential development. C. The proposed establishment of the planned development district is necessary and proper, and is not likely to be detrimental to adjacent property or residents. The proposed establishment of the planned development district is necessary to provide an updated design concept compared to the existing development within the surrounding. The proposed district will not be detrimental to adjacent properties or residents because streets are internal to the project, with street improvements to Belardo Road, and because it continues a residential pattern of development in an area adjacent to existing residential uses to the north. Furthermore, the planned development district will modify height and setback requirements in a ' manner that will not be detrimental to the existing land uses in the immediate vicinity and the vista of the San Jacinto Mountains. Section 3: Pursuant to Section 66474 of the Subdivision Map Act, the City Council makes the following findings: a. The proposed Tentative Tract Map is consistent with all applicable general and specific plans. The proposed Tentative Tract Map will facilitate the sale of individual homes within the project. The residential project is consistent with the General Plan designations of H43/21 (High-Density Residential) insofar as it introduces permanent residents into the area which could help to enhance activities in the immediate vicinity. The overall density of the new subdivision is approximately 10.1 units per acre, this is well within the threshold of 15 units per acre allowed in the district. b. The design and improvements of the proposed Tentative Tract Map are consistent with the zone in which the property is located. The proposed project design and improvements are consistent with the R- ' 3 zone in which the property is located. Furthermore, the design of the Map is consistent with the allowable uses under the Planned Development District for this property. The proposed residential use and street Resolution No. 21864 Page 4 improvements are in conformity with the City's standards, the proposed street widths will range from 24 to 38 feet. C. The site is physically suited for this type of development. Majority of the site area is rugged terrain but is gently sloping to the east surrounded by existing development and City streets. The construction of residential buildings on the site is appropriate at this location. Also, there are existing urban services and utilities in the immediate surroundings of the location. 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 Mitigated Negative Declaration is proposed. Mitigation measures have been included which will reduce potential impacts to less than significant levels. The site was partially 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 proposed subdivision is designed to meet or exceed City standards. The proposed homes and streets will be required to meet or exceed City development codes. The circulation system within the subdivision provides for an orderly system of internal driveways and motor courts; therefore, 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 4: The City Council hereby adopts the Mitigated Negative Declaration; thereby approving Tentative Tract Map 34580 and Planned Development District 326 for the development of a proposed 66-unit clustered town home project, and directs staff to file the associated Notice of Determination. Resolution No. 21864 Page 5 ADOPTED, this 18t" day of April 2007. David H. Ready, City an ATTEST: es 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. 21864 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on the 18th day of April, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, ' Mayor Pro Tem Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk ity of Palm Springs, California Resolution No. 21864 Page 6 Exhibit A Case No. 5.1108 — PD-3261 TTM 34580 , The Edge at Belardo Belardo Road South CONDITIONS OF APPROVAL April 18, 2007 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 1. Prior to the submittal of Final Development plans, the applicant shall be required to adjust Lot E and Lot 66 northerly of the site to avoid encroachment into the 0-20 zone area. , 2. Prior to City Council approval, the applicant shall be required to include a public trail along the westerly boundary of the site on the Final Development Plans and the Final Map. 3. The maximum building height within this development shall be limited to 30 feet as permitted within the R-3 designations. PLANNING DEPARTMENT: 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case No. 5.1108 / Tentative Tract Map 34580_ 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 Resolution No. 21864 Page 7 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 Conditions of Approval 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. Prior to issuance of a building permit, Fringe Toed Lizard Mitigation fees shall be submitted. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art The project shall either provide public art or payment of an In lieu fee_ In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. Resolution No. 21864 Page 8 7. Pursuant to Park Fee Ordinance No_ 1632 and in accordance with Government Code Section 66477 (Quimby Act), all residential development shall be required ' to contribute to mitigate park and recreation impacts such that, prior to issuance of residential building permits, a parkland fee or dedication shall be made. Accordingly, all residential development shall be subject to parkland dedication requirements and / or park improvement fees. The parkland mitigation amount shall be based upon the cost to inquire 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 8. The mitigation measures of the environmental assessment shall apply. The applicant shall submit a signed agreement that the mitigation measures outlined as part of the mitigated negative declaration will be included in the Planning Commission consideration of the environmental assessment. Mitigation measures are as follows: MM 111-1 Earth-moving activities on the project site shall be suspended during first and second stage ozone episodes or when winds exceed 25 MPH, pursuant to the Coachella Valley PMlo State Implementation Plan and SCAQMD Rule 403.1_ MM 111-2 Adequate watering techniques shall be employed on the project site to mitigate the impact of construction-generated dust particulates. Portions of the project site that are undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day, as part of the construction specifications. MM 111-3 Any construction access roads to the project site shall be paved as soon as possible and cleaned after each work day. The maximum vehicle speed limit on unpaved road surfaces shall be 15 mph. MM 111-4 All trucks shall maintain at least two feet of freeboard_ MM 111-5 Trucks hauling dirt, sand, soil or other loose dirt material off-site, shall be covered and washed off before leaving the site. MM 111-6 Adjacent streets shall be swept if silt is carried over to adjacent public thoroughfares. MM 111-7 As part of the construction specifications, any vegetative ground cover to be utilized on-site shall be planted as soon as possible to reduce the ' disturbed area subject to wind erosion. Irrigation systems needed to water Resolution No. 21864 Page 9 these plants shall be installed as soon as possible to maintain the ground cover and minimize wind erosion of the soil. MM 111-8 Construction operations affecting off-site roadways shall be scheduled for off-peak traffic hours and shall minimize obstruction of through traffic lanes. MM V-1 As there is always a possibility of buried cultural and paleontological resources in a project area, should buried cultural deposits be encountered, the developer shall contact the Director of Planning Services. Following consultation, the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to investigate the find. If necessary, the qualified archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. Human remains discovered shall be handled consistent with state law provisions. MM XI-I The project applicant shall demonstrate that all on-site residential units shall be designed to meet the City of Palm Springs noise standards (65 CNEL in outside activity areas and 45 CNEL in interior living areas). The project applicant shall demonstrate compliance through the submittal of building and site improvement plans that provide details regarding sound barrier heights, additional insulation and building materials used to maintain interior noise levels, building and window orientation, and other measures to reduce noise exposure levels to City noise standards. A qualified noise consultant shall be retained to ensure that project and building designs will meet City noise exposure standards. Evidence of compliance with this mitigation measure shall be provided to the City prior to the issuance of any building permits. MM XI-2 The developer shall provide a disclosure to prospective future owners of condominiums that the project meets the minimum code standards, but that noise is likely to be audible. MM XI-3 All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and the engines shall be equipped with shrouds. MM XI-4 All construction equipment shall be in proper working order and maintained in a proper state of tune to reduce backfires. MM XI-5 Stockpiling and vehicle staging areas shall be located in the southern portion of the site. Resolution No. 21864 Page 10 MM XI-6 Parking, refueling and servicing operations for all heavy equipment and on-site construction vehicles shall be located in the southern portion of the site. MM XI-7 Stationary construction equipment shall be placed such that emitted noise is directed away from noise-sensitive receptors. MM XI-8 Construction activities on-site shall take place only during the hours between 7:00 a-m_ and 8:00 p.m., as specified by the Palm Springs Noise Ordinance (11.74.041), to reduce noise impacts during more sensitive time periods. The Construction Site Regulations (Chapter 8.04.220) also identify specific limits on hours of operation for construction equipment as not between 5 p.m. and 8 a.m. if the noise produced is of such intensity or quality that it disturbs the peace and quiet of any other person of normal sensitivity. MM XVI-1 Use of low water landscaping which would in include an irrigation system designed to provide water separately for each plant group should be encouraged. The application of irrigation technology such as tensiometers, drip or micro spray system and quality time clocks is also highly recommended. The California Health and Safety code requires that all new buildings constructed in California use water closets and associated flushometers which use no more then 1.0 gallons/flush. 9. The developer shall reimburse the City for the City's costs incurred in monitoring the developer's compliance with the conditions of approval and mitigation monitoring program, including, but not limited to inspections and review of developers operations and activities for compliance with all applicable dust and noise operations, and cultural resource mitigation. This condition of approval is 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 10. The applicant prior to issuance of building permits shall submit three (3) sets of a draft declaration of covenants, conditions and restrictions (CC&R's) to the Director of Planning Services for approval in a form to be approved by the City Attorney, to be recorded prior to certificate of occupancy. The CC&R's shall be submitted with a list of the adopted conditions of approval and an indication of where applicable conditions are addressed in the CC&R's. The CC&R's shall be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. 11. The applicant shall submit to the City of Palm Springs, a deposit in the amount of , $3,500 for the review of the CC&R's by the City Attorney. A filing fee, in Resolution No. 21864 Page 11 accordance with the fee schedule adopted by the City Council, shall also be ' paidto the City Planning Services Department for administrative review purposes. Final Design 12. Final landscaping, irrigation, exterior lighting, and fencing plans shall be submitted for approval by the Department of Planning Services, prior to issuance of a building permit. Landscape plans shall be approved by the Riverside County Agricultural Commissioner's Office prior to submittal. All landscaping located within the public right of way or within community facilities districts must be approved by the Public Works Director and the Director of Parks and Recreation. 13 An exterior lighting plan in accordance with Zoning Ordinance Section 93.21.00, Outdoor Lighting Standards, shall be submitted for review and approval by the Director of Planning Services prior to the issuance of building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. Public Safety CFD 14, The Project will bring a significant number of additional residents to the community. The City's existing public safety and recreation services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic, and other safety services and recreation, library, cultural services are near capacity. Accordingly, the City may determine to form a Community Services District under the authority of Government Code Section 53311 et seq., or other appropriate statutory or municipal authority. Developer agrees to support the formation of such assessment district and shall waive any right to protest, provided that the amount of such assessment shall be established through appropriate study and shall not exceed $500 annually with a consumer price index escalator. The district shall be formed prior to sale of any lots or a covenant agreement shall be recorded against each parcel, permitting incorporation of the parcel in the district. General ConditionslCode Requirements 15. The project is subject to the City of Palm Springs Water Efficient Landscape Ordinance. The applicant shall submit an application for Final Landscape Document Package to the Director of Planning Services for review and approval prior to the issuance of a building permit. Refer to Chapter 8.60 of the Municipal Code for specific requirements. Resolution No. 21864 Page 12 16. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan , shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of the Municipal Code for specific requirements. 17. The grading plan shall show the disposition of all cut and fill materials. Limits of site disturbance shall be shown and all disturbed areas shall be fully restored or landscaped. 18_ Separate architectural approval and permits shall be required for all signs. A detailed sign program shall be submitted for review and approval by the Planning Commission prior to issuance of building permits. 19. All materials on the flat portions of the roof shall be earth tone in color. 20. All roof mounted mechanical equipment shall be screened from all possible vantage points both existing and future per Section 93.03.00 of the Zoning Ordinance. The screening shall be considered as an element of the overall design and must blend with the architectural design of the building(s). The exterior elevations and roof plans of the buildings shall indicate any fixtures or equipment to be located on the roof of the building, the equipment heights, and type of screening. Parapets shall be at least 6" above the equipment for the purpose of screening. 21. No exterior downspouts shall be permitted on any facade on the proposed building(s) which are visible from adjacent streets or residential and commercial areas. 22 Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 23. The design, height, texture and color of buildings, fences and walls shall be submitted for review and approval prior to issuance of building permits. 24. The street address numbering/lettering shall not exceed eight inches in height. 25. Construction of any residential unit shall meet minimum soundproofing requirements prescribed pursuant to Section 1092 and related sections of Title 25 of the California Administrative Code. Compliance shall be demonstrated to the satisfaction of the Director of Building and Safety. 26. Prior to the issuance of building permits, locations of all telephone and electrical boxes must be indicated on the building plans and must be completely screened and located in the interior of the building. Resolution No. 21864 Page 13 ENGINEERING DEPARTMENT: Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer_ STREETS 1. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 2. Submit street improvement plans prepared by a California Registered Civil Engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits_ 3. The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. BELARDO ROAD 4. Dedicate a half street right-of-way of 30 feet along the entire frontage, together with property line - corner cut backs at either side of the four street intersections in accordance with City of Palm Springs Standard Drawing No. 105. 5. Dedicate abutters rights of access to Belardo Road along the entire frontage of the project, excluding approved access points. 6. Construct a 6 inch curb and gutter, 20 feet west of centerline along the entire frontage, with 25 feet radius curb returns and spandrels at the northwest and southwest corners of the intersection of Belardo Road and "A" Street, "H" Street, "I" Street, and "J" Street, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. 7. Construct a 6 feet wide cross gutter with a flow line parallel with and 20 feet west of the centerline of Belardo Road, at the intersection of Belardo Road and "A" Street, "H" Street, "I" Street, and "J" Street, in accordance with City of Palm Springs Standard Drawing No. 200 and 206. Resolution No. 21864 Page 14 8. Construct two driveway approaches, one shown as "K" Street for the benefit of access to Lot 65 and the centerline of the second driveway (for the benefit of , access to Lot 66) located approximately 95 feet southerly of the centerline of "K" Street, in accordance with City of Palm Springs Standard Drawing No. 201. 9. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 10. Construct Type A curb ramps meeting current California State Accessibility standards either side of the four street intersections, in accordance with City of Palm Springs Standard Drawing No. 212. 11. Construct 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 centerline of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 315. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. 12. Construct off-site street improvements consisting of curb and gutter, and asphalt concrete pavement, to match the southerly end of proposed improvements , associated with Tentative Tract Map 34580 and the westerly end of existing improvements located adjacent to the parcel identified by APN 513-300-014. 13. All broken or off grade street improvements shall be repaired or replaced. ON-SITE PRIVATE STREETS 14. Dedicate an easement for public utility purposes, including sewers, with the right of ingress and egress for service and emergency vehicles and personnel over the proposed private streets. 15. Street "K" is not approved. A private driveway shall be constructed for benefit of access to Lot 65. 16. Street "A" shall have a minimum travel way width of 32 feet, and shall be constructed with standard 6 inch curb and gutter, a wedge curb, or other approved curbs along both sides of the street, as necessary to accept and convey on-site stormwater runoff to the drainage system, in accordance with applicable City standards. 17. Streets "B" through "J" shall have a minimum travel way width of 24 feet, and shall be constructed with standard 6 inch curb and gutter, a wedge curb, or other approved curbs along both sides of the streets, as necessary to accept and Resolution No. 21864 Page 15 convey on-site stormwater runoff to the drainage system, in accordance with ' applicable City standards. 18. Construct a modified knuckle at the intersection of "F" Street and "H" Street to provide more maneuvering area and sight distance for vehicles at this intersection, as approved by the City Engineer. Install traffic calming improvements, such as speed humps or decorative pavers. Final engineering and other details associated with traffic calming improvements shall be subject to the review and approval by the City Engineer. 19. The minimum pavement section for all on-site pavement shall be 2Y2 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. 20. Parking shall be restricted along both sides of the 24 feet wide private streets and along one side of the 32 feet wide private street, as necessary to maintain a 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. A Home Owners Association shall be responsible for ' regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required for the development. SANITARY SEWER 21. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. 22. Submit sewer improvement plans prepared by a California registered civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. 23. Construct an 8 inch V.C.P. sewer main across the entire on-site private street frontages located 5 feet from centerline or as required by the City Engineer and connect to the extended public sewer system in Belardo Road. All sewer mains constructed by the applicant and to become part of the public sewer system shall be digitally video recorded prior to acceptance of the sewer system for maintenance by the City. A computer disc of the video recording shall be provided to the City Engineer for review. Any defects of the sewer main shall be removed, replaced, or repaired to the satisfaction of the City Engineer prior to acceptance. Resolution No. 21864 Page 16 24. The proposed connection of the sewer system to the existing private sewer manhole in Belardo Road, and the existing private sewer system across the ' Plaza Del Sol Shopping Center is not approved. The existing on-site private sewer system in the Plaza Del Sol Shopping Center is not an approved public sewer system. As necessary to provide public sewer service to Tentative Tract Map 34580, the applicant shall extend an 8 inch V.C.P. sewer main in Morongo Road from the existing terminal sewer manhole located approximately 100 feet east of South Palm Canyon Drive extending westerly to Belardo Road; and in Belardo Road from Morongo Road extending southerly across the entire Belardo Road frontage of the property. An alternative sewer alignment, within public rights-of-way, may be approved by the City Engineer. The existing on site private sewer system servicing the Plaza Del Sal Apartments, located on the property identified by APN 513-300-045, shall be connected to the extended public sewer system within Belardo Road. The terminal manhole and 8 inch V.C.P. private sewer main extending to Belardo Road from the Plaza Del Sol Shopping Center shall be removed to a point within the Plaza Del Sol Shopping Center, as required by the City Engineer. 25. Dedicate a 15 feet wide sewer easement across Lot 37. The required sewer easement shall be located entirely within Lot 37, and over the extended sewer main within "G" Street to Belardo Road. The common lot line between Lots 37 and 44 shall be adjusted to accommodate the required sewer easement. 26. The easement across Lot 37 shall be kept clear and free of any and all obstructions to allow for the continued operation and maintenance of the public sewer main within the easement. Construction of permanent structures, swimming pools and equipment, or other improvements determined to be an obstruction of the public sewer easement shall not be allowed. Planting of large trees or other planting material with invasive or deep root structures shall be restricted. Access to the public sewer easement from Belardo Road and "G" Street shall be maintained, including, if necessary, 15 feet wide gates with lock and access provided to the City of Palm Springs. 27. Provisions for maintenance of the public sewer easement, acceptable to the City Engineer, shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this development. Notice shall be clearly included in the CC&R's defining the restrictions of development within the easement across Lot 37. The CC&R's shall advise the property owners of the City's right to enter the site, clear and remove any and all improvements and/or obstructions within the easement, and give the City the right to charge all costs incurred in enforcing this provision to the owners of Lot 37. The CC&R's shall also advise the property owners of the fact that the City is not required to replace in like kind, any landscaping or other improvements within the public sewer easement in the event repair or replacement of the existing sewer main is required, and that the City shall be limited to leaving the property in a rough graded condition following any such repair or replacement, Resolution No. 21864 Page 17 GRADING r28. Single family residential Lot 66 shall be relocated out of Lot E and adjacent open space. Grading for Lot 66 into the adjacent hillside and open space lot shall be eliminated_ A grading plan submitted to the City Engineer for review and approval shall incorporate this restriction. 29. Submit a Precise Grading and Paving Plan prepared by a California registered Civil Engineer to the Engineering Division for review and approval. The Precise Grading and Paving Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that have completed the required training. For information on attending a Fugitive Dust Control Class and information on the Coachella Valley Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Division prior to approval of the Precise Grading and Paving Plan. b. The first submittal of the Precise Grading and Paving Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Tentative Tract Map; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 30. In accordance with the Geologic Evaluation for Rock Fall Hazard Report prepared by Earth Systems, dated June 9, 2006, the following mitigation measures shall be required: a. The proposed retaining wall along the toe of slope of the mountains shall be utilized as a debris wall. The wall shall have a minimum of 2 feet of freeboard with a v-channel constructed on the slope-facing side to Resolution No, 21864 Page 18 manage stormwater runoff. The v-channel shall require routine maintenance to clean accumulated debris that may roll or wash down the slope and collect behind the wall. Provisions for maintenance of the v- channel shall be included in the Codes, Covenants, and Restrictions (CC&R's) required for this development. b. Structure setbacks from the toe of slope shall be a minimum of 10 feet from the toe of slope. 31. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. 32. 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. 33. 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. 34. 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. 35. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Precise Grading Plan. The California Department of Food and Agriculture office is located at 73- 710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208). DRAINAGE 36. All stormwater runoff across the property shall be accepted and conveyed in a manner acceptable to the City Engineer and released to an approved drainage system. The applicant shall obtain approval from Riverside County Flood Control & Water Conservation District (RCFC) for connection of proposed storm drain improvements to the existing regional flood control system identified as Palm Springs Line 28-B. Verification of the capacity of Palm Springs Line 28-B for the Resolution No. 21864 Page 19 additional stormwater runoff accepted and conveyed by Tentative Tract Map ' 34580 shall be determined, subject to review and approval by RCFC and the City Engineer. RCFC approval shall be required for any connection of proposed storm drain facilities to the existing RCFC facility. The applicant shall be required to obtain an Encroachment Permit from RCFC for connection of proposed storm drain improvements to Palm Springs Line 28-B. A copy of the Encroachment Permit shall be provided to the City Engineer, prior to approval of on-site storm drain improvement plans. 37. The Preliminary Hydrology Report for Tentative Tract No. 34580, prepared by Hunsaker & Associates, Inc., dated July 26, 2006, shall be finalized 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 storm drain system sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the final hydrology report by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology report. In the event additional capacity is unavailable within Palm Springs Line 28-B, the applicant shall be required to revise the Hydrology Report to identify additional stormwater runoff mitigation measures necessary to contain the increased stormwater runoff generated from Tentative Tract Map 34580. ' 38. This project may be required to install measures in accordance with applicable National Pollution Discharge Elimination System (NPDES) Best Management Practices (BMP's) included as part of the NPDES Permit issued for the Whitewater River Region from the Colorado River Basin Regional Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating stormwater runoff, may be required by regulations imposed by the RWQCB. It shall be the applicant's responsibility to design and install appropriate BMP's, in accordance with the NPDES Permit, that effectively intercept and pre-treat stormwater runoff from the project site, prior to release to the City's municipal separate storm sewer system ("MS4"), to the satisfaction of the City Engineer and the RWQCB. If 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. 39. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. 40. Construct drainage improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site streets, as described in the Preliminary Hydrology Report for Tentative Tract No. 34580, prepared by Hunsaker & Associates, Inc., dated July 26, 2006 (as amended). The hydrology report for Tentative Tract Map 34580 shall be amended to include catch basin sizing and Resolution No. 21864 Page 20 storm drain pipe sizing, and other specifications for construction of required on- site storm drainage improvements. 41. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HQA). 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. 42. Reserve easements for storm drainage purposes over Lots 32, 36, 49, 57, and 61 (or others, as may be required) for those portions of the on-site private storm drain system that cross individual lots. 43. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,271.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. Drainage fees may be waived upon verification of prior costs paid related to the construction of the Palm Springs Storm Drain Line, Lateral 28B. GENERAL 44. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard ' Drawing No. 115. The applicant shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. 45. All proposed utility lines shall be installed underground. 46. All existing utilities shall be shown on the improvement plans required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. 47. Upon approval of any improvement plan by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of Resolution No. 21864 Page 21 the digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. 48. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as- built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. 49. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. 50. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed per City of Palm Springs Standard Drawing No. 904. MAP 51, The recreation area (Lot 66) shall be identified as a non-numbered "lettered" lot ' on the final map, and shall be reserved for common space, recreation or other purposes. 52. Lot E shall be dedicated to the City, including all rights, title and interest, for conservation of the hillside for open space purposes. 53. 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. 54. 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. 55. 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); Resolution No. 21864 Page 22 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 1 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. TRAFFIC 56. Install a 30 inch stop sign, stop bar, and "STOP" legend for traffic exiting the development at the intersection of "A" Street, "H" Street, "I" Street, and "J" Street in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 57. Install a street name sign at all street intersections in accordance with City of Palm Springs Standard Drawing Nos. 620-625. 58. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public ' sidewalk along the Belardo Road frontage of the subject property. 59. Construction signing, lighting and barricading shall be provided for on all projects as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with State of California, Department of Transportation, "Manual of Traffic Controls for Construction and Maintenance Work Zones" dated 1996, or subsequent additions in force at the time of construction. 60. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. Waste Disposal: 1. Trash cans shall be screened from view and kept within fifty (50) feet of the street. Police Department: 1. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. Resolution No. 21864 Page 23 ' BUILDING DEPARTMENT: 1. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT: Plot Plan: 1. Prior to completion of the project, a 8.5"x1V 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. Public safety cFD 2. 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 Cade 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. Premises Identification: 3. 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) Residential Smoke Detector Installation: 4. Provide Residential Smoke Detectors. Detectors shall receive their primary power from the building wiring, and shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction, detectors shall be interconnected so that operation of any smoke detector causes the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72) Provide a note on the plans showing ' this requirement. Resolution No. 21864 Page 24 Fire Sprinklers Required: ' 5. An automatic fire sprinkler system is required by local ordinance. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13D, 1999 edition, as modified by local ordinance. The contractor should submit fire sprinkler plans when the building plans are submitted. This allows concurrent review of the fire sprinkler and building plans. Fire Flow: 6. Fire flow will be 1000 gallons per minute with the installation of fire sprinklers. Access. 7. 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 Fire Apparatus Grade requirements: 8. The gradient of fire apparatus access roads shall not exceed 12%. (902.2.2.6 CFC) ' Road Design: 9. 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. Fire Department Access: 10.Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) • Minimum Access Road Dimensions: 1. Private streets shall have a minimum width of at least 20 feet, pursuant to California Fire Code 902.1 however, a greater width for private streets may be required by the City engineer to address traffic engineering, parking, and other issues. The Palm Springs Fire Department requirements for two-way private streets, is a minimum width of 24 feet, unless otherwise allowed by the City engineer. No parking shall be allowed in either side of the roadway. 1 Resolution No. 21864 Page 25 ' Vertical Fire Apparatus Clearances: 11. Palm Springs fire apparatus require an unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC) Turn-Around Requirements: 12. 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. (90222.4 CFC) The City of Palm Springs has two approved turn around provisions. One is a cul-de-sac with an outside turning radius of 45 feet from centerline. The other is a hammerhead turnaround meeting the Palm Springs Public Works and Engineering Department standard dated 9-4-02. NOTE: On 5/16/2006 the hammerhead turnaround on "A" Street and "E" Street have been revised and approved by the fire department to the following dimensions: • "A" Street will be a minimum of 24' wide. • The hammerhead proceeding south on "E" Street will be 30' wide and 25' in length from the centerline of"A" Street. • The hammerhead proceeding north on "E" street will be 30' wide and 35' in ' length from the centerline of"A" Street. • "E" Street proceeding north will be reduced at the end of the hammerhead from a 30' width to a 24'width. Fire Hydrant Systems: 13. 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. Water Systems and Hydrants: 14. 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. 21864 Page 26 Fuel Modification: ' 15. A landscaping plan showing a fuel modification zone is to be submitted to this department for approval. Eaves and Overhangs: 16. All roof eaves and porch overhangs are to be covered with noncombustible building materials. Construction site Security and Protection: Fencing Required: 17. 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) Fire Apparatus Access Gates: 18. 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) Access Gate Obstructions: 19. 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). END OF CONDITIONS