HomeMy WebLinkAbout21972 - RESOLUTIONS - 7/18/2007 RESOLUTION NO. 21972
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING CASE
NUMBER 5.1132, PLANNED DEVELOPMENT DISTRICT
333, TENTATIVE TRACT MAP 35236, FOR LOFT
PARTNERS PALM SPRINGS LLC, A PROPOSED 200
ROOM HOTEL AND UP TO 200 ASSOCIATED
CONDOMINIUM UNITS ON APPROXIMATELY 10.47
ACRES LOCATED AT THE NORTHWEST CORNER OF
AMADO ROAD AND AVENIDA CABALLEROS.
WHEREAS, LOFT PARTNERS PALM SPRINGS LLC (the "Applicant") has filed
an application with the City pursuant to Section 94.03.00 (E) of the Palm Springs Zoning
Code, for the establishment and development of Planned Development District 333; 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 35236;
and
WHEREAS, notice of public hearing of the Planning Commission of the City of
Palm Springs to consider Case Number 5.1132, consisting of Planned Development
District 333, Tentative Tract Map 35236, and project architectural approval was given in
accordance with applicable law; and
WHEREAS, on June 18, 2007, 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 5,1132, consisting of Planned Development District
333, Tentative Tract Map 35236, and project architectural approval was given in
accordance with applicable law; and
Resolution No. 21972
Page 2
' WHEREAS, on July 18, 2007, a public hearing on the application was held by the
City Council in accordance with applicable law; and
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City
Council has considered the effect of the proposed project on the housing needs of the
region, and has balanced these needs against the public service needs of residents and
available fiscal and environmental resources; and
WHEREAS, the City Council has carefully reviewed and considered all of the
evidence presented in connection with the meeting on the project, including but not
limited to the staff report, and all written and oral testimony presented.
NOW THEREFORE 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 94.03.00 of the Palm Springs Zoning Code, the City
Council makes the following findings:
a. The proposed planned development is consistent and in conformity with the
general plan pursuant to Sections 94.07.00 (A)(1) and 94,02.00 (A)(4) of the
Palm Springs Zoning Code.
The proposed planned development is consistent with the General Plan, which
includes policies specifically relating to the expansion of the City's tourism base.
The project will bring 200 new hotel rooms and new residential opportunities to
the community-
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, as conditioned, is consistent with the Section 14 Specific Plan, and
the vision of the area for the future. The site is physically suitable for the
proposed project, and provides sufficient access points for all uses proposed.
' 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.
Resolution No. 21972
Page 3
The Planned Development District modifies setback and open space
requirements in a manner which is conducive with the urban development sought
for the area in the future. The project adds to the Section 14 Master Plan facilities
which are complementary to the Convention Center and the nearby downtown
area.
Section 3: Pursuant to Section 66474 of the Subdivision Map Act, the City Council
makes the following findings:
a. The proposed Tentative Tract Map is consistent with all applicable general and
specific plans.
The Tentative Tract Map will facilitate the sale of condominium units within the
project. The project is consistent with both the General Plan and the Section 14
Master 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, as
conditioned.
C. The site is physically suited for this type of development.
The site is flat and surrounded by existing City streets. The construction of the
proposed project on the site is appropriate at this location.
d. The site is physically suited for the proposed density of development.
The site can accommodate the hotel and residential units proposed. The overall
density of the project is within the General Plan and Section 14 Master Plan density
limits for the land use designation for the project site.
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.
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Resolution No. 21972
Page 4
The subdivision is designed to meet or exceed City standards. All structures on the
' site 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. Reciprocal access easements will be a requirement
of the map. Any utility easements can be accommodated within the project design.
Section 4: The City Council adopts the Mitigated Negative Declaration for Case Number
5.1132 — PD-333, and Tentative Tract Map 35236, and directs staff to file the associated
Notice of Determination.
Section 5: The City Council approves Case Number 5.1132, Planned Development
District 333 and Tentative Tract Map 35236, subject to the Conditions of Approval
attached hereto as Exhibit A, and as shown on the Tentative Tract Map 35236 and
Development Plans attached to the City Council Staff Report dated July 18, 2007 and
included herein by reference.
' ADOPTED THIS 18TH DAY OF JULY, 2007.
David H. Ready, -y dL-Tager
ATTEST:
�fr'hes Thompson, City Clerk
1
Resolution No. 21972
Page 5
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. 21972 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 July 18, 2007, by the
following vote:
AYES: Councilmember Foat, Councilmember McCulloch, Mayor Pro Tem
Pougnet and Mayor Oden.
NOES: None.
ABSENT: Councilmember Mills.
ABSTAIN: None.
AmesThompson, City Clerk
f.,ity of Palm Springs, California
Resolution No. 21972
Page 6
EXHIBIT A
' Case No. 5.1132 — PD 333 & Case No. 3.3002, Tentative Tract Map 35236
Loft Partners Palm Springs LLC
Northwest corner of Amado Road and Avenida Caballeros
(Westin Hotel and Residences)
CONDITIONS OF APPROVAL
July 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. The Final Planned Development Plans for PDD 333 shall be approved by the
' City Council.
Administrative
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its
agents, officers, and employees from any claim, action, or proceeding against the
City of Palm Springs or its agents, officers or employees to attach, set aside, void
or annul, an approval of the City of Palm Springs, its legislative body, advisory
agencies, or administrative officers concerning Case 5.1132 and 3.3002, PD 333
and 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
Resolution No. 21972
Page 7
to settle or abandon a matter following an adverse judgment or failure to appeal,
' shall not cause a waiver of the indemnification rights herein_
3. That the property owner(s) and successors and assignees in interest shall
maintain and repair the improvements including and without limitation sidewalks,
bikeways, parkways, parking areas, landscape, irrigation, lighting, signs, walls, and
fences between the curb and property line, including sidewalk or bikeway
easement areas that extend onto private property, in a first class condition, free
from waste and debris, and in accordance with all applicable law, rules, ordinances
and regulations of all federal, state, and local bodies and agencies having
jurisdiction at the property owner's sole expense. This condition shall be included
in the recorded covenant agreement for the property if required by the City.
4. Pursuant to Fish and Game Code Section 711.4 a filing fee of $1,864.00 is
required. 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 Code
regarding public art. The project shall either provide public art or payment of an in
lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total
building permit valuation as calculated pursuant to the valuation table in the
' Uniform Building Code, the fee being 1/2% for commercial or industrial projects,
1/4% for new residential subdivisions, or 1/4% for new individual single-family
residential units constructed on a lot located in an existing subdivision with first
$100,000 of total building permit valuation for individual single-family units exempt.
Should the public art be located on the project site, said location shall be reviewed
and approved by the Director of Planning Services and the Public Arts
Commission, and the property owner shall enter into a recorded agreement to
maintain the art work and protect the public rights of access and viewing.
6. Pursuant to Park Fee Ordinance No. 1632 and in accordance with Government
Code Section 66477 (Quimby Act), all residential development shall be required to
contribute to mitigate park and recreation impacts such that, prior to issuance of
residential building permits, a parkland fee or dedication shall be made.
Accordingly, all residential development shall be subject to parkland dedication
requirements and/or park improvement fees. The parkland mitigation amount shall
be based upon the cost to acquire and fully improve parkland. The applicant shall
submit a property appraisal to the Planning Services Department for the purposes
of calculating the Park Fee. The Park Fee payment and/or parkland dedication
shall be completed prior to the issuance of building permits.
1
Resolution No. 21972
Page 8
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
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&Rs shall be
' submitted with a list of the adopted conditions of approval and an indication of
where applicable conditions are addressed in the CC&Rs. The CC&R's shall be
enforceable by the City, shall not be amended without City approval, and shall
require maintenance of all property in a good condition and in accordance with all
ordinances.
10. The applicant shall submit to the City of Palm Springs, a deposit in the amount of
$3,500, for the review of the CC&R's by the City Attorney. A filing fee, in
accordance with the fee schedule adopted by the City Council, shall also be paid
to the City Planning Services Department for administrative review purposes.
Final Design
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
Resolution No. 21972
Page 9
landscaping shall be submitted for approval prior to issuance of a building permit.
If lights are proposed to be mounted on buildings, down-lights shall be utilized.
No lighting of the hillside is permitted.
General Conditions/Code Requirements
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.
17. All materials on the flat portions of the roofs shall be earth tone in color, unless
landscaped.
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.
Resolution No. 21972
Page 10
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 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
or located in the interior of the building.
25. Parking for the hotel shall be valet-only. Such a requirement shall be recorded
concurrent with the recordation of the Final Map on lots 1 and 2 as depicted on
Tentative Tract Map 35236.
26. Parking for condominium guests shall meet Zoning Ordinance requirements. The
parking, if gated, shall include an intercom system to the units, and adequate
turn-around area for guests unable to contact the resident they are seeking.
27. Approximately 28 of the condominium units shall be made available to
condominium hotel use if feasible.
' 28. The applicant shall explore moving fourth story condominium units from the Calle
Alvarado portion of the project to the Amado portion of the project, in order to
improve visual corridors.
Engineering Division
STREETS
29. Any improvements within the public right-of-way require a City of Palm Springs
Encroachment Permit.
30. 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.
AVENIDA CABALLEROS
31. Remove the existing driveway approach and replace with new street
improvements (curb and gutter, and sidewalk) to match existing street
improvements, in accordance with applicable City standards.
32. Remove the existing street improvements as necessary to construct a minimum
' 24 feet wide driveway approach located approximately 300 feet north of the
Resolution No. 21972
Page 1 t
centerline of Amado Road. The driveway approach shall be constructed in
' accordance with City of Palm Springs Standard Drawing No. 205.
33. Construct a Type A curb ramp meeting current California State Accessibility
standards on either side of the driveway in accordance with City of Palm Springs
Standard Drawing No. 212.
34. Avenida Caballeros street improvements shall be installed consistent with the
streetscape standards and guidelines in the Section 14 Master Development
Plan/Specific Plan (November 2004), which includes a landscaped private
setback of variable width and an 8 feet wide pedestrian sidewalk with double
Palm trees.
35. All broken or off grade street improvements shall be repaired or replaced.
AMADO ROAD
36. Dedicate additional right-of-way of 15 feet to provide the ultimate half street right-
of-way width of 40 feet along the entire frontage, together with a property line -
corner cut-back at the northwest corner of the intersection of Amado Road and
Avenida Caballeros, and at the northeast corner of the intersection of Amado
Road and Calle Alvarado, in accordance with City of Palm Springs Standard
' Drawing No. 105.
37. Dedicate additional right-of-way concentric with the back of the proposed vehicle
turn-out bay, with the back of right-of-way located at the back of sidewalk.
38. Remove the existing driveway approach and replace with new street
improvements (curb and gutter, and sidewalk) to match existing street
improvements, in accordance with applicable City standards.
39. Remove the existing street improvements as necessary to construct minimum 14
feet wide ingress and egress driveway approaches to the hotel facilities,
separated by a median, located approximately 200 feet east of the centerline of
Calle Alvarado. The driveway approach shall be constructed in accordance with
City of Palm Springs Standard Drawing No. 205. The median shall not extend
into the right-of-way, and shall not restrict pedestrian access across the hotel
entrance.
40. Remove the existing street improvements as necessary to construct the
proposed vehicle turn-out bay. The turn-out bay shall be constructed with new
curb, gutter, and sidewalk to match existing improvements, in accordance with
applicable City standards.
Pesolution No. 21972
Page 12
41. Construct a Type A curb ramp meeting current California State Accessibility
' standards on each side of the driveway approaches, in accordance with City of
Palm Springs Standard Drawing No. 212.
42. Amado Road street improvements shall be installed consistent with the
streetscape standards and guidelines in the Section 14 Master Development
Plan/Specific Plan (November 2004), which includes a 4 feet wide landscaped
parkway that includes shade trees in an informal pattern and a 4 feet wide
pedestrian sidewalk.
43. All broken or off grade street improvements shall be repaired or replaced.
CALLS ALVARADO
44. Dedicate additional right-of-way concentric with the back of the existing vehicle
turn-out bay, with the back of right-of-way located at the back of sidewalk.
45. Remove the existing driveway approach and replace with new street
improvements (curb and gutter, and sidewalk) to match existing street
improvements, in accordance with applicable City standards.
46. Remove the existing street improvements as necessary to construct minimum 24
feet wide driveway approaches. The driveway approaches shall be constructed
in accordance with City of Palm Springs Standard Drawing No. 205.
47. Construct a Type A curb ramp meeting current California State Accessibility
standards on each side of the driveway approaches in accordance with City of
Palm Springs Standard Drawing No. 212.
48. Construct an 8 feet wide sidewalk behind the curb along the entire frontage
(where not already existing) in accordance with City of Palm Springs Standard
Drawing No. 210.
49. Calle Alvarado street improvements shall be installed consistent with the
streetscape standards and guidelines in the Section 14 Master Development
Plan/Specific Plan (November 2004), which includes a 5 feet wide landscaped
parkway and a 5 feet wide pedestrian sidewalk.
50. All broken or off grade street improvements shall be repaired or replaced.
ON-SITE
51. A reciprocal access easement shall be reserved on the Final Map or shall be
done by separate instrument prepared in a form acceptable to the City Engineer
' providing unlimited and unrestricted access across all of the lots for access
through the on-site private street„ The reciprocal access easement shall be
Resolution No. 21972
Page 13
executed by the appropriate parties prior to issuance of a building permit, and
' shall be recorded, and copy of same provided to the City Engineer, prior to
issuance of a certificate of occupancy.
52. The applicant shall provide a copy of an executed and recorded reciprocal
parking agreement all lots, prior to approval of a grading plan.
53. The on-site private street 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 street, as necessary to accept and
convey on-site stormwater runoff to the on-site drainage system, in accordance
with applicable City standards.
54. The on-site private street shall have a minimum centerline radius of 50 feet.
55. The on-site Private Street and service loading dock intersection shall be subject
to further evaluation by the City Engineer. The 90-degree intersection shall be
enlarged to provide additional sight distance around the blind corner, or
alternative acceptable to the City Engineer. Detailed analysis shall be provided
in final design to demonstrate that sufficient maneuvering area is provided for
delivery trucks accessing the loading dock.
' 56. All on-site two-way parking garage ramps and drive aisles shall be a minimum of
24 feet wide.
57. The minimum pavement section for all on-site pavement shall be 2'/z inches
asphalt concrete pavement over 4 inches crushed miscellaneous base with a
minimum subgrade of 24 inches at 95% relative compaction, or equal. If an
alternative pavement section is proposed, the proposed pavement section shall
be designed by a California registered Geotechnical Engineer using "R" values
from the project site and submitted to the City Engineer for approval.
58. Parking shall be restricted along the two-way drive aisle 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 drive aisle 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.
59. An accessible pedestrian path of travel shall be provided throughout the
development, as may be required by applicable state and federal laws. An
accessible path of travel shall be constructed of Portland cement concrete,
unless alternative materials meeting state and federal accessibility standards is
' approved by the City Engineer.
Resolution No, 21972
Page 14
SANITARY SEWER
' 60. All sanitary facilities shall be connected to the public sewer system. Existing
sewer service laterals to the property may be used for new sanitary facilities.
New laterals shall not be connected at manholes.
61. All on-site sewer systems shall be privately maintained by a Home Owners
Association (HOA). Provisions for maintenance of the on-site sewer system
acceptable to the City Engineer shall be included in the Covenants, Conditions
and Restrictions (CC&R's) required for this project.
GRADING
62. Submit a Precise Grading and Paving Plan prepared by a California registered
civil engineer to the Engineering Division for review and approval. A Fugitive
Dust Control Plan shall be prepared by the applicant and/or its grading contractor
and submitted to the Engineering Division for review and approval. The applicant
and/or its grading contractor shall be required to comply with Chapter 8.50 of the
City of Palm Springs Municipal Code, and shall be required to utilize one or more
"Coachella Valley Best Available Control Measures" as identified in the Coachella
Valley Fugitive Dust Control Handbook for each fugitive dust source such that the
applicable performance standards are met. The applicant's or its contractor's
Fugitive Dust Control Plan shall be prepared by staff that has completed the
South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive
Dust Control Class. The applicant and/or its grading contractor shall provide the
Engineering Division with current and valid Certificate(s) of Completion from
AQMD for staff that have completed the required training. For information on
attending a Fugitive Dust Control Class and information on the Coachella Valley
Fugitive Dust Control Handbook and related "PM10" Dust Control issues, please
contact AQMD at (909) 396-3752, or at www.AQMD.gov. A Fugitive Dust Control
Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook,
shall be submitted to and approved by the Engineering Division prior to approval
of the Grading plan. The Precise Grading and Paving Plan shall be approved by
the City Engineer prior to issuance of grading permit.
63. 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; a copy of the associated
Hydrology Study/Report; and a copy of the Water Quality Management Plan.
64. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep
nuisance water from entering the public streets, roadways, or gutters.
' 65. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
Resolution No. 21972
Page 15
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.
66. 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.
67. 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.
68. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent
To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Rough Grading
Plan. The California Department of Food and Agriculture office is located at 73-
710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
69. 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. Provide a hydrology study 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 basin sizing and other stormwater runoff
mitigation measures shall be determined upon review and approval of the
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. No more than 40-50% of the street frontage parkway/setback areas should
be designed as retention basins. On-site open space, in conjunction with dry
wells and other subsurface solutions should be considered as alternatives to
using landscaped parkways for on-site retention.
70. A Water Quality Management Plan (WQMP) shall be submitted to and approved
by the City Engineer prior to issuance of a grading permit. The WQMP shall
' address the implementation of operational Best Management Practices (BMP's)
necessary to accommodate nuisance water and storm water runoff from within
Resolution No. 21972
Page 15
the underground parking garage and the on-site private street. Direct release of
' nuisance water to adjacent public streets is prohibited. Construction of
operational BMP's shall be incorporated into the Precise Grading and Paving
Plan.
71. 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.
72. The project is subject to flood control and drainage implementation fees. The
acreage drainage fee at the present time is $9,212 per acre per Resolution No.
15189. Fees shall be paid prior to issuance of a building permit.
73. Construct storm drain improvements, including but not limited to catch basins,
and storm drain lines, for drainage of on-site private street and underground
parking garages into the on-site underground retention system, as described in
the Preliminary Drainage Study for Tentative Tract Map No. 35236, prepared by
Fomotor Engineering, dated December 2006. The hydrology study for Tentative
Tract Map 35236 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.
74. 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.
GENERAL
75. 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
Resolution No.21972
Page 17
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.
76. All proposed utility lines shall be installed underground.
77. 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.
78. 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.
79. 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.
80. 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.
81. 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, if necessary,
installed per City of Palm Springs Standard Drawing No. 904.
MAP
82. A Final Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
' approval. A Title Report prepared for subdivision guarantee for the subject
property, the traverse closures for the existing parcels and all lots created
Resolution No. 21972
Page 18
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.
83. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be
submitted to the City Attorney for review and approval for any restrictions related
to the Engineering Division's recommendations. The CC&R's shall be approved
by the City Attorney prior to approval of the Final Map.
84. Upon approval of a final map, the final map shall be provided to the City in G.I.S.
digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from
the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate
System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file);
lot lines, rights-of-way, and centerlines shown as continuous lines; full map
annotation consistent with annotation shown on the map; map number; and map
file name. G.I.S. data format shall be provided on a CDROM/DVD containing the
following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or
Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation
drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital
data to be submitted to the City may be authorized, upon prior approval of the
' City Engineer.
TRAFFIC
85. As determined by the Westin Hotel and Residences Traffic Impact Study
prepared by Endo Engineering (as revised March 5, 2007), the following
mitigation measures will be required:
86. Pay a fair share contribution determined as 6.71% (or $11,742,50) for the future
installation of a traffic signal, as well as the striping of a northbound, southbound,
westbound, and eastbound left-turn lane at the intersection of Calle El Segundo
and Amado Road. The applicant shall pay the fair share contribution prior to
approval of a final map.
87. Pay a fair share contribution determined as 13.91% (or $20,865) for the future
installation of a traffic signal at the intersection of Avenida Caballeros and Amado
Road. The applicant shall pay the fair share contribution prior to approval of a
final map.
88. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the
development at all project access points, in accordance with City of Palm Springs
Standard Drawing Nos. 620-625.
Resolution No, 21972
Page 19
89. A clear unobstructed sight distance shall be provided at all project access points;
' a clear sight triangle inside the property measuring 8 feet by 8 feet shall be
provided at each access driveway, with screening fences or landscaping
restricted to maintain the require sight distance.
90. The project access point on Amado Road, designated as an exit for the Hotel
parking level of the parking structure, shall be restricted to right-turn egress only;
traffic striping and signage improvements shall be installed to implement the
access restriction as required by the City Engineer.
91. 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.
92. A minimum of 48 inches of clearance for handicap accessibility shall be provided
on public sidewalks or pedestrian paths of travel within the development.
Minimum clearance on public sidewalks or pedestrian paths of travel shall be
provided by either an additional dedication of a sidewalk easement (if necessary)
and widening of the sidewalk, or by the relocation of any obstructions within the
public sidewalk along the Avenida Caballeros, Amado Road, and Calle Alvarado
frontages of the subject property.
93. All damaged, destroyed, or modified pavement legends, traffic control devices,
signing, striping, associated with the proposed development shall be replaced as
required by the City Engineer prior to issuance of a Certificate of Occupancy.
94. 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.
95. This property is subject to the Transportation Uniform Mitigation Fee which shall
be paid prior to issuance of building permit.
Waste Disposal
96. Trash cans shall be screened from view and kept within fifty (50) feet of the
street.
Police Department
Resolution No.21972
Page 20
97. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs
' Municipal Code.
Building Department
98. Prior to any construction on-site, all appropriate permits must be secured.
99.
Fire
100. 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.
101. 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.
102. Plot Plan: Prior to completion of the project, a 8.5"x11" plot plan and an
electronic CAD version shall be provided to the fire department. This shall clearly
show all access points, fire hydrants, knox box locations, fire department
connections, unit identifiers, main electrical panel locations, sprinkler riser and
fire alarm locations. Large projects may require more than one page.
103. Radio Communications: Must install an in-building Public Safety Radio
Communications Coverage System composed of a radiating cable system or an
internal multiple antenna system with FCC-certified bi- directional 800 MHz and
150 MHz (as required to meet the two indicated 150 MHz frequencies)
amplifier(s), distribution system, and subcomponents shall be required for all
buildings in excess of three stories, or has subterranean floors, or subterranean
Resolution No. 21972
Page 21
parking. This system must meet the City of Palm Springs Public Safety Radio
System Coverage Specifications.
104. Fire Alarm System: Fire Alarm System required. Installation shall comply with
the requirements of NFPA 72.
105. Automatic Fire Sprinklers: An approved, automatic Fire Sprinkler System is
required.
106. Audible water flow alarms: An approved audible sprinkler flow alarm shall be
provided on the exterior of the building in an approved location. An approved
audible sprinkler flow alarm to alert the occupants shall be provided in the interior
of the building in a normally occupied location. (904.3.2 CBC)
107. Fire Hydrant & FDC Location: A public commercial fire hydrant is required
within 30 feet of the Fire Department Connection (FDC). Fire Hose must be
protected from vehicular traffic and shall not cross roadways, streets, railroad
tracks or driveways or areas subject to flooding or hazardous material or liquid
releases.\
108. 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.
109. 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.
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
Resolution No. 21972
Page 22
' 110. 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 I, 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)
111. Trash Container Protection: If trash container space is within 5 feet of a
building wall provide information on the type and size of trash container to be
stored there. If it is a dumpster with a capacity of 1.5 cubic yards or greater, then
the container must be protected by an approved automatic fire sprinkler.
(1103.2.2 CFC)
112. Class 1 Standpipe: A Class 1 Standpipe system is required and shall be
installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9,
Std. 9-2 and Sec. 903, Standpipes will be required at every level in the stairwells.
113. Residential Smoke Detector Installation With Fire Sprinklers: Provide
Residential Smoke Detectors (FIRFX # 0498 accessory module connected to
multi-station FIRFX smoke detectors or equal per dwelling and fire sprinkler flow
switch). Detectors shall receive their primary power from the building wiring, and
shall be equipped with a battery backup. (310.9.1.3 CBC) In new construction,
detectors shall be interconnected so that operation of any smoke detector causes
the alarm in all smoke detectors within the dwelling to sound. (2-2.2.1 NFPA 72)
Provide a note on the plans showing this requirement.
114. Fire Department Access: Fire Department Access Roads shall be provided and
maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC)
Minimum Access Road Dimensions:
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.
115. Access: Fire department access roads shall be provided so that no portion of
the exterior wall of the first floor of any building will be more than 150 feet from
such roads. CFC 902.2.1 Applicant must add required access routes to the
existing plans to meet code requirements and submit changes to the fire
' department for approval.
Resolution No. 21972
Page 23
116. 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.
117. Turn-Around Requirements: Dead-end fire apparatus access roads in excess
of 150 feet in length shall be provided with approved provisions for the turning
around of fire apparatus. (902.2.2.4 CFC) The City of Palm Springs has two
approved turn around provisions. One is a cul-de-sac with an outside turning
radius of 45 feet from centerline. The other is a hammerhead turnaround
meeting the Palm Springs Public Works and Engineering Department standard
dated 9-4-02.
118. 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)
119. Access Cates: Fire/Police/Ambulance access gates shall be at least 14' in width
when in the open position and equipped with a Knox (emergency access) key
switch. A Knox key operated switch shall be installed at every automatic gate.
' Show location of switch on plan. Show requirement in plan notes.
120. Vertical Fire Apparatus Clearances: Palm Springs fire apparatus require an
unobstructed vertical clearance of not less than 13 feet 6 inches. (902.2.2.1 CFC)
121. Vertical Clearance for Underground Parking: Palm Springs fire apparatus
require an unobstructed vertical clearance of not less than 8 feet 6 inches.
(902.2.2.1 CFC)
122. Secondary Access: A secondary access shall be provided for all developments
with 25 or more dwelling units. (Appendix III-D 2.1 CFC)
123. Mid Rise/High Rise: High-rise and mid-rise buildings shall be accessible on a
minimum of two sides. Roadways shall not be less than 10 feet (3048 mm) or
more than 35 feet (10 668 mm) from the building. Landscaping or other
obstructions shall not be placed or maintained around structures in a manner so
as to impair or impede accessibility for fire fighting and rescue operations.
124. Fire Extinguisher Requirements: Provide one 2-A:10-B:C portable fire
extinguisher for every 75 feet of floor or grade travel distance for normal hazards.
Show proposed extinguisher locations on the plans. (1002.1 CFC)
Extinguishers shall be mounted in a visible, accessible location no more than 5
' feet above floor level. Preferred location is in the path of exit travel near an exit
door.
Resolution No. 21972
Page 24
' 125. 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)
126. Water Systems and Hydrants: Underground water mains and fire hydrants
shall be installed, completed, tested and in service prior to the time when
combustible materials are delivered to the construction site. (903 CFC).
Installation, testing, and inspection will meet the requirements of NFPA 24 1995
edition. Prior to final approval of the installation, contractor shall submit a
completed Contractor's Material and Test Certificate to the Fire Department. (9-
2.1 NFPA 24 1995 edition)
127. Rapid Entry System Approval: The Knox Fire/Police/Ambulance Rapid Entry
System is the only Key Box, Lock Vault, Key Cabinet, Key Switch, Padlock, FDC
Cap, or Decal approved for use by the City of Palm Springs Fire Department.
128. Building or Complex Gate Locking Devices: Locked gate(s) shall be
equipped with a Knox key switch device or Key box. Boxes shall be mounted at
6 feet above grade. Contact the Fire Department at 760-323-8186 for a Knox
application form. (902.4 CFC)
129. Underground Parking: A Class III Standpipe system is required and shall be
' installed in accordance with the 98 CFC, Art. 10, Sec. 1004, and 98 CBC, Ch. 9,
Std. 9-2 and Sec. 903. Hose will not be required.
130_ Turn-Around Requirements for Subterranean/Ground Parking: Dead-end fire
apparatus access roads in excess of 150 feet in length shall be provided with
approved provisions for the turning around of fire apparatus. (902.2.2.4 CFC)
131. Elevator Stretcher Requirement: Elevator(s) shall be designed to
accommodate medical emergency service. The elevator(s) so designed shall
accommodate the loading and transport of an ambulance gurney or stretcher 24
inches by 76 inches in the horizontal position. The elevator entrance shall have
a clear opening of not less than 42 inches wide or less than 78 inches high. The
elevator car shall be provided with a minimum clear distance between walls or
between walls and door excluding return panels not less than 80 inches by 54
inches, and a minimum distance from wall to return panel not less than 51 inches
with a 42 inch side slide door. (3003.5a CBC)
132. Commercial Cooking Hood & Duct Systems shall meet all CFC, NFPA and
CMC requirements.
133. Hood & Duct Fire Protection System Plan Review Procedure: Plans must be
submitted directly to a Fire Department approved engineer for review and
' recommendation of approval. The contractor should submit fire extinguishing
system plans as soon as possible. Submittal shall include manufacturer's
Resolution No. 21972
Page 25
data/cut sheets and listings with expiration dates on all equipment and materials
' used.
134. Fire Suppression Systems Testing: The hood and duct fire extinguishing
system shall be function tested prior to final acceptance. Call the fire prevention
secretary at 760-323-8186 for an inspection appointment.
Construction Requirements:
135. 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).
136. Fencing Required: Construction site fencing with 20 foot wide access gates is
required for all combustible construction over 5,000 square feet. Fencing shall
remain intact until buildings are stuccoed or covered and secured with lockable
doors and windows. (8.04.260 PSMC)
' Gates
137. Fire Apparatus Access Gates: Entrance gates shall have a clear width of at
least 15 feet and be equipped with a frangible chain and padlock. (8-04.260
PSMC)
138_ Access Gate Obstructions: Entrances to roads, trails or other access ways,
which have been closed with gates and barriers, shall be maintained clear at all
times. (902.2.4.1 CFO).
END OF CONDITIONS