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HomeMy WebLinkAbout21999 - RESOLUTIONS - 7/25/2007 RESOLUTION NO. 21999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND APPROVING TENTATIVE PARCEL MAP 35507 FOR THE CREATION OF THREE PARCELS, LOCATED AT THE SOUTHEAST CORNER OF GENE AUTRY TRAIL AND RAMON ROAD, ZONE W-M-1, SECTION 20. WHEREAS, D.R. West, LLC, "Applicant", has filed applications with the City pursuant to Section 9.62 of the Municipal Code a Tentative Parcel Map (Case No. TPM 36507) to subdivide approximately 6.54 acres on the southeast corner of Gene Autry Trail and Ramon Road, APN 680-170-044; and WHEREAS, on June 13, 2007, the Planning Commission reviewed the proposed project and voted to recommend approval of the subdivision to the City Council; and WHEREAS, notice of public hearing of the City Council of the City of Palm Springs to consider TPM 35507 was given in accordance with applicable law; and WHEREAS, on July 25, 2007 a meeting was held by the City Council in accordance with applicable law; and WHEREAS, the City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including but not limited to the staff report, all written and oral testimony presented. THE CITY COUNCIL HEREBY FINDS AS FOLLOWS: Section 1: The City Council has reviewed this project under the provisions of the California Environmental Quality Act (CEQA), and determined that the project had the potential for significant impacts, but that the impacts would not be significant in this case because project modifications and mitigation measures incorporated into the Mitigated Negative Declaration (MND), will reduce impacts to less than significant levels. Section 2: Pursuant to Section 66474 of the Subdivision Map Act, the City Council finds: a. The proposed Tentative Parcel Map is consistent with all applicable general and specific plans. The proposed Tentative Parcel Map is consistent with the goals and ' objective of the General Plan designation of IND (Industrial) which governs the subject property as well as all properties adjacent to the i Resolution No. 21999 Page 2 subject site. The applicant is proposing 3 commercial parcels on an ' approximately 6.54-acre parcel; this proposal is within the required lot sizes of commercial shopping center uses. b. The design and improvements of the proposed Tentative Parcel Map are consistent with the zone in which the property is located. The proposed project is consistent with the zoning designation of M-1, which allows the development of commercial/retail uses on each parcel at the proposed location. The proposed subdivision and the provision for its design and improvements comply with the applicable development standards for streets and parcel design. c. The site is physically suited for this type of development The project site is relatively flat and each parcel contains adequate developable building area. There are no known bodies of water, ravines, or significant topographic features on the subject property. d. The design of the subdivision is not likely to cause environmental damage or substantially and avoidably injure fish, wildlife, or their habitat. The Environmental Assessment prepared for the site determined that with the implementation of proposed mitigation measures, any environmental impacts affecting traffic, aesthetics, animals or plants will be mitigated to a level of less than significant. As stated earlier, there are no known bodies of water on the subject property and therefore no fish will be disturbed. e. The design of the subdivision or type of improvements is not likely to cause serious public health problems. The design of the proposed subdivision includes the provision of public water and sewer systems, a drainage design that protects other commercial sites while providing water quality basins, and a street system which is consistent with City Standards. f. 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 is a private easement across the subject property which connects the property to Lowe's shopping center. The applicant is required to vacate the easement and relocate the driveway access northerly of the site. This will ensure a continued ease of circulation in and around the ' project site. Resolution No. 21999 Page 3 NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the City Council hereby adopts the Mitigated Negative Declaration and approves Tentative Parcel Map 35507, subject to those conditions set forth in Exhibit A, which are to be satisfied unless otherwise specified. ADOPTED THIS 25t" DAY OF JULY, 2007. David H. Ready, � onager ATTEST: ,rJ,�mes Thompson, City Clerk L/// 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. 21999 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 25, 2007, by the following vote: AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet and Mayor Oden. NOES: None- ABSENT: None. ABSTAIN: None. y mes Thompson, City Clerk City of Palm Springs, California 1 Resolution No. 21999 Page 4 ' EXHIBIT A CITY COUNCIL CONDITIONS OF APPROVAL TPM 35507 D.R. West, LLC. Gene Autry Plaza Southeast corner of Gene Autry Trail and Ramon Road 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. ' 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 TPM 35507. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the ' right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse Resolution No. 21999 Page 5 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. Prior to issuance of building permits by the City of Palm Springs, the applicant shall pay the Tribal Habitat Conservation Fee of $15,506.34 (2,371/acre) for development of this property to the Tribe as required by the Tribal Habitat Conservation Plan. 5. 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. 6. This project shall be subject to Chapters 2.24 and 3.37 of the Municipal Code regarding public art. The project shall either provide public art or payment of an in lieu fee. In the case of the in-lieu fee, the fee shall be based upon the total building permit valuation as calculated pursuant to the valuation table in the Uniform Building Code, the fee being 1/2% for commercial or industrial projects, 1/4% for new residential subdivisions, or 1/4% for new individual single-family residential units constructed on a lot located in an existing subdivision with first $100,000 of total building permit valuation for individual single-family units exempt. Should the public art be located on the project site, said location shall be reviewed and approved by the Director of Planning Services and the Public Arts Commission, and the property owner shall enter into a recorded agreement to maintain the art work and protect the public rights of access and viewing. 7. 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 Resolution No. 21999 Page 6 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- S. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3500, for the review of the CC&R's by the City Attorney. A filing fee of$631, 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. ENVIRONMENTAL ASSESSMENT 9. 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 IV— 1 Pay the required mitigation fee to the City of Palm Springs as part of the Coachella Valley fringe-toed lizard mitigation plan and mitigation for other listed and sensitive species. MM IV— 2 The Developer shall initiate a consultation with the U.S. Fish & Wildlife Service on mitigation for the Coachella Valley milkvetch. MM IV— 3 The landscape shall be made of species native to the immediate region. MM VII - 1 The proposed project shall be subject to any conditions of approval recommended by the FAA. MM VIII — 1 Prior to approval of the Precise Grading and Paving Plan, storm drain improvement plans, and issuance of a building permit, the applicant shall demonstrate to the City Engineer approval from Lowe's HIW, Inc., a Virginia corporation, for use of the private on-site storm drain system and off-site retention basin currently used by the Lowe's commercial center. Draft Covenants, Conditions and Restrictions (CC&R's) have been provided to the City Engineer, to evidence authorization by Lowe's HIW, Inc., the use of its existing private storm drain system as a "Common Utility Facility The applicant shall provide a final form, executed and recorded copy of CC&R's to the City Engineer for ' review by the City Attorney, to determine that requisite authorization by Lowe's HIW, Inc., to use the existing private Resolution No. 21999 Page 7 storm drain system and off-site retention basin has been provided through the CC&R's. If, in the opinion of the City Attorney, the applicant has failed to obtain authorization to use the existing private storm drain system across the Lowe's commercial center or the off-site retention basin, the applicant shall be required to revise the CC&R's to the City Attorney's satisfaction; or, the applicant shall be required to retain 100% of the incremental increase of on-site stormwater runoff within the Destination Ramon West project site as required by the City Engineer. MM XV— 1 The project applicant shall design the final building and parking layout and the site access in accordance with City access and design standards subject to review and approval of the City Traffic Engineer as part of the development review process. MM XV— 2 The project applicant shall provide clear unobstructed sight distances at all unsignalized site driveways on master planned streets. MM XV— 3 The project applicant shall design the project site to provide facilities necessary to safely integrate alternate transportation modes such as Bicycles, pedestrian access, and transit operations into the site access and circulation system and minimize the area where vehicle conflicts with bicycles and pedestrians could occur. MM XV—4 The project applicant shall provide ramps meeting Americans with Disabilities Act Accessibility Guidelines at all on-site intersections and site driveways. MM XV— 5 The project applicant shall provide well illuminated approaches to all street corners (including the crossing and waiting areas) in order to provide clear visibility of pedestrians approaching on-site intersections at night. Additionally, signage and other objects shall not obstruct clear views between drivers and pedestrians. MM XV — 6 The project applicant shall coordinate with the City of Palm Springs and the Fire Department during the development review process to ensure the adequacy of the designation of the curb at the building faces a fire lane, to ensure that emergency vehicles have access to all building faces and ' can negotiate the internal circulation system relative to emergency access. Resolution No. 21999 Page 8 MM XV— 7 The project applicant shall design all of the project site driveways to be controlled by STOP signs facing traffic departing from the project site onto the adjacent streets. MM XV— 8 The project applicant shall coordinate with SunLine Transit Agency regarding the need for public transit facilities on site. MM XV— 9 The project applicant shall contribute on a fair-share basis to circulation improvements required on roadways and/or key intersections the TUMF program, as determined by the City Engineer. Regional roadways that are in the TUMF program include: Gene Autry Trail and Ramon Road. MM XV— 10 The project applicant may be required to install and contribute all or a portion of the signalization at the Gene Autry Trail/Mission Drive intersection, required by the City Engineer. MM XV — 11 The project applicant shall be required to contribute on a fair-share basis to the signalization at the Gene Autry ' Trail/Sunny Dunes Road intersection and the San Luis Rey Drive/Dinah Shore Drive intersection, as required by the City Engineer. However, the San Luis Rey Drive/Dinah Shore Drive intersection is a site access intersection for the Indian Oasis Resort; therefore, this traffic signal will be warranted based upon the Indian Oasis Resort traffic volumes. MM XV — 12 The project applicant may be required to contribute on a fair-share basis to modifications to existing traffic signals where necessary. MM XV — 13 The project applicant shall work with the City of Palm Springs to develop an acceptable schedule for deliveries to the retail development. MM XV — 14 El Cielo Drive/Ramon Road-The project applicant may be required to contribute on a fair-share basis to widening the westbound Ramon Road approach from one left-turn lane, two through lanes, and one shared through/right-turn lane to consist of one left-turn lane, three through lanes, and one dedicated right-turn lane. Additionally, the project ' applicant maybe required to contribute on a fair-share basis to modifying the El Cielo Drive/Ramon Road Resolution No. 21999 Page 9 intersection traffic signal to include a west bound right-turn overlap, which will preclude u-turn movement from southbound to northbound Ramon Road. MM XV — 15 Gene Autry Trail/Mission The project applicant may be required to contribute on a fair-share basis to signalizing intersection. MM XV — 16 Gene Autry Trail/Ramon Road-The project applicant may be required to contribute on a fair-share basis to modifying the Gene Autry Trail/Ramon Road intersection traffic signal to include a southbound right-turn overlap, which will preclude u-turn movement from eastbound to westbound Ramon Road. The project applicant may be required to contribute on a fair-share basis to widening the eastbound Ramon Road approach from two left-turn lanes, three through lanes, and one right-turn lane to consist of two left- turn lanes, four through lanes, and one right-turn lane. Additionally the project applicant may be required to contribute on a fair-share basis to modifying the Gene Autry Trail/Ramon Road intersection traffic signal to include an eastbound right-turn overlap, which will preclude u-turn movement from northbound to southbound Ramon Road, MM XV— 17 Gene Autry Trail/Sunny Dunes Road -The project applicant maybe required to contribute on a fair-share basis to signalizing intersection. MM XV — 18 Gene Autry Trail/Dinah Shore Drive-Mesquite Avenue-The project applicant maybe required to contribute on a fair- share basis to widening and re-striping the northbound Gene Autry Trail approach from one left-turn lane, one through lane, and one shared through/right-turn lane to consist of one left-turn lane, three through lanes, and one right-turn lane. MM XV— 19 San Luis Rey Drive Ramon Road The project applicant may be required to contribute on a fair-share basis to widening the northbound San Luis Rey Drive approach from one left-turn lane, one through lane, and one right- turn lane to consist of two left-turn lanes, one through lane, and one right-turn lane. The project applicant may be required to contribute on a fair-share basis to modifying the San Luis Rey Drive/Ramon Road intersection traffic signal to include protected phasing for the north/south Resolution No. 21999 Page 10 approaches. The project applicant may be required to ' contribute on a fair-share basis to widening the westbound Ramon Road approach from one left-turn lane, two through lanes, and one right-turn lane to consist of one left-turn lane, three through lanes, and one right-turn lane. MM XV —20 San Luis Rey Drive/Dinah Shore Drive The project applicant may be required to contribute on a fair-share basis to signalizing intersection. MM XV — 21 Crossley Road/Ramon Road-The project applicant may be required to contribute on a fair-share basis to widening the eastbound Ramon Road approach from one left-turn lane, two through lanes, and one right-turn lane to consist of one left-turn lane, three through lanes, and one right-turn lane. 10. 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. CULTURAL RESOURCES 11. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to survey the area for the presence of cultural resources identifiable on the ground surface. 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 Resolution No. 21999 Page 11 ' building permits. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be submitted for approval prior to issuance of a building permit. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of the hillside is permitted. GENERAL CONDITIONS/CODE REQUIREMENTS 14. Architectural approval shall be valid for a period of two (2) years. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. . 15. The appeal period for a Major Architectural application is 15 calendar days from the date of project approval. Permits will not be issued until the appeal period has concluded. 16. 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. ' 17. 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. 18. 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. 19. Separate architectural approval and permits shall be required for all signs. 20. All materials on the flat portions of the roof shall be earth tone in color. 21. All awnings shall be maintained and periodically cleaned. 22. 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 Resolution No. 21999 Page 12 screening. ' 23. 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. 24. Perimeter walls shall be designed, installed and maintained in compliance with the corner cutback requirements as required in Section 93.02.00.D. 25. 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. 26. The street address numbering/lettering shall not exceed eight inches in height. 27. Submit plans meeting City standard for approval on the proposed trash and recyclable materials enclosure prior to issuance of a building permit. 28. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. ' 29. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. 30. Vehicles associated with the operation of the proposed development including company vehicles or employees vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. 31. 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. Electrical transformers must be located toward the interior of the project maintaining a sufficient distance from the frontage(s) of the project. Said transformer(s) must be adequately and decoratively screened. 32. The applicant shall provide all tenants with Conditions of Approval of this project. 33. Loading space facilities shall be provided in accordance with Section 93.07.00 of the Zoning Ordinance. Said facilities shall be indicated on the site plan and approved prior to issuance of building permits. ' 34. Standard parking spaces shall be 17 feet deep by 9 feet wide; compact Resolution No. 21999 Page 13 sized spaces shall be 15 feet deep by 8 feet wide. Handicap parking spaces shall be 18 feet deep by 9 feet wide plus a 5 foot walkway at the right side of the parking space; two (2) handicap spaces can share a common walkway. One in every eight (8) handicap accessible spaces, but not less than one (1), shall be served by an 6 foot walkway on the right side and shall be designated as "van accessible". 35, Handicapped accessibility shall be indicated on the site plan to include the location of handicapped parking spaces, the main entrance to the proposed structure and the path of travel to the main entrance. Consideration shall be given to potential difficulties with the handicapped accessibility to the building due to the future grading plans for the property. 36. Compact and handicapped spaces shall be appropriately marked per Section 93.06.00.C.10. 37, Curbs shall be installed at a minimum of five (5) feet from face of walls, fences, buildings, or other structures. Areas that are not part of the maneuvering area shall have curbs placed at a minimum of two (2) feet from the face of walls, fences or buildings adjoining driveways. ' 38. Parking lot light fixtures shall align with stall striping and shall be located two to three feet from curb face. 39. Islands of not less than 9 feet in width with a minimum of 6 feet of planter shall be provided every 10 parking spaces. Additional islands may be necessary to comply with shading requirements. 40. Shading requirements for parking lot areas as set forth in Section 93.06.00 of the Zoning Ordinance shall be met. Details to be provided with final landscape plan. 41. Parking stalls shall be delineated with a 4 to 6 inch double stripe - hairpin or elongated "U" design. Individual wheel stops shall be prohibited; a continuous 6" barrier curb shall provide wheel stops. 42. Concrete walks with a minimum width of two (2) feet shall be installed adjacent to end parking spaces or end spaces shall be increased to eleven (11) feet wide. 43. Tree wells shall be provided within the parking lot and shall have a planting area of six feet in diameter/width. 1 Resolution No. 21999 Page 14 POLICE DEPARTMENT 44. Developer shall comply with Article II of Chapter 8.04 of the Palm Springs Municipal Code. BUILDING DEPARTMENT 45. Prior to any construction on-site, all appropriate permits must be secured. ADA 46. As part of the path of travel for this project, all new curb ramps will require a detectable warning surface consisting of truncated domes to comply with CBC 1127B.5.8. This includes the path of travel area located near Future Pad # 1. 47. It is recommended that a wheelchair accessible path of travel is created leading from the Best Buy site to the Lowe's Home Improvement Center. This will require the provision of curb ramps and path of travel cross walks between Best Buy and the Lowe's Garden Center. ' 48. All the disabled parking spaces shall comply in terms of design, location and "van accessibility" to CBC 1129B.1 and CBC 112913.4.1. FIRE 49. 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. 50. Fire Department Access: Fire Department Access Roads shall be provided and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC) a. 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. Access for two-way private streets, a minimum width of 24 feet will be required, unless otherwise allowed by the City Engineer, to the minimum of 20 feet required Resolution No. 21999 Page 15 by the Fire Code. No parking shall be allowed in either side of the ' roadway. 51. Fire Extinguishers: Portable Fire Extinguishers shall be installed in accordance with 2001 CFC, Art. 10, and NFPA Std. 10. 52. Fire Sprinklers Required: An automatic fire sprinkler system is required by local ordinance. 53. 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. 54. 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. 55. 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 56. 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) Resolution No. 21999 Page 16 ' 57. Fire Alarm System: Fire Alarm System required. Installation shall comply with the requirements of NFPA 72. 58. Audible Water Flow Alarms: An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) shall be provided on the exterior of the building in an approved location. An approved audible sprinkler flow alarm (Wheelock horn/strobe # MT4-115-WH-VFR with WBB back box or equal) to alert the occupants shall be provided in the interior of the building in a normally occupied location. (904.3.2 CBC) 59. Wiring Installation: The installation of all Fire Alarm Wiring and Equipment shall be in accordance with NFPA 72, 760, NEC. 60. System Acceptance Test: Upon completion of the installation of the Fire Alarm System, a satisfactory test of the entire system shall be made. The test shall be witnessed by the fire inspector. 61. Fire Hydrant & FDC Location: A commercial fire hydrant is required within 30 feet of the Fire Department Connection (FDC). Fire Hose must be protected from vehicular traffic and shall not cross roadways, streets, railroad tracks or driveways or areas subject to flooding or hazardous material or liquid releases. 62. Access: Fire department access roads shall be provided so that no portion of the exterior wall of the first floor of any building will be more than 150' from such roads. CFC 9022.1 63. Emergency Key Box: Knox key box(es) are required. Box(es) shall be mounted at 6 feet above grade. Show location of box(es) on plan elevation views. Show requirement in plan notes. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 64. Emergency Key Box: A Knox key box is required for access to the fire sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 65. Key Box Contents: The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. ' 66. Road Design: Fire apparatus access roads shall be designed and constructed as all weather capable and able to support a fire truck Resolution No, 21999 Page 17 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. 67. Water Systems and Hydrants: Where underground water mains are to be provided, they shall be installed, completed and in service with fire hydrants or standpipes (Or combinations thereof located as directed by the Fire Department) not later than the time when combustible materials are delivered to the construction site. (Sec. 903 CFC) 68. Operational Fire Hydrants: An operational fire hydrant(s) shall be installed within 250' of all combustible construction. No landscape planting, walls, or fencing is permitted within 3 feet of fire hydrants, except groundcover plantings. (1001.7.2 CFC) 69. Construction site Security and Protection: 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) 70. 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) 71. Access Gate Obstructions: Entrances to roads, trails or other access ways, which have been closed with gates and barriers, shall be maintained clear at all times. (902.2.4.1 CFC)_ 72. Emergency Key Box: A Knox key box is required for access to the fire sprinkler riser. Box shall be mounted at 6 feet above grade, adjacent to the main entrance. Contact the Fire Department at 760-323-8186 for a Knox application form. (902.4 CFC) 73. 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) 1 Resolution No. 21999 Page 18 ' ENGINEERING STREETS 74. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. 75, Applicant shall obtain State permits and approval of plans for all work done on State Highway 111 (Gene Autry Trail). A copy of an approved Caltrans Encroachment Permit shall be provided to the City Engineer prior to the issuance of any building permits, unless otherwise allowed by the City Engineer. 76. When public dedications of easements or rights-of-way over Tribal Allottee land are required, the applicant shall be responsible for compliance with all Bureau of Indian Affairs (B_LA.) requirements, including payment of any BIA fees, obtaining appraisals and payment of just compensation to the underlying owner. It is the applicant's responsibility to determine what additional costs or other requirements may be necessary to obtain any required public dedications as identified by the City for this development. Required public dedications for ' easements or rights-of-way are "without limitation as to tenure'; easements granted with a defined term, or made in connection with an underlying Indian Land Lease, shall not be accepted. 77. Upon completion of required improvements by the applicant, the applicant shall prepare and submit to the Bureau of Indian Affairs an Affidavit of Completion in accordance with Section 169.16, Title 25, of the Code of Federal Regulations, for the off-site debris basin improvements constructed by the applicant for which the easement was dedicated through the Bureau of Indian Affairs. A copy of the Affidavit of Completion shall be provided to the City Engineer prior to final acceptance of the project, including issuance of a final certificate of occupancy. The applicant shall be responsible for obtaining the necessary form for the Affidavit of Completion from the Palm Springs Agency of the Bureau of Indian Affairs, and for having it completed as necessary by the applicant's Engineer of Record. RAMON ROAD 78. Dedicate additional right of way concentric with the back of sidewalk along the bus turn-out to be constructed on Ramon Road approximately 150 feet east of Gene Autry Trail, as required by the City Engineer. 1 Resolution No. 21999 Page 19 79. Construction of a turnout shall be required, unless otherwise waived by ' the City Engineer. Remove the existing street improvements, and construct a 170 feet long by 12 feet wide bus turn out, with an adjacent 8 feet wide colored sidewalk (to match existing) at the southeast corner of the intersection of Ramon Road and Gene Autry Trail. 79A. The City Engineer shall continue coordination with SunLine Transit Agency on the disposition of bus stop #146, to determine whether this transit stop will remain or officially be removed from service. In the event bus stop #146 shall remain, the applicant shall be responsible for installing a bus stop shelter as required herein. In the event bus stop #146 is officially removed from service, installation of a bus stop shelter shall not be required. In the event a determination has not been made regarding the disposition of bus stop #146, the applicant shall deposit the cost to design and construct a bus stop shelter with a design compatible to project architecture as required by the Director of Planning Services, including costs for bus stop furniture and other accessories, as normally required by SunLine Transit Agency and the City. The applicant shall propose a cost estimate, determined by the applicant's architect, for design and construction of the bus shelter and installation of furniture and other accessories, for approval by the City Engineer. The deposit shall be submitted to the City Engineer prior to issuance of a ' certificate of occupancy, and shall be held on deposit until the disposition of bus stop #146 is determined, and no longer than 5 years, at which time it shall be returned to the applicant. 80. Remove the existing driveway approach located approximately 200 feet east of Gene Autry Trail, and replace with new street improvements (curb and gutter, and colored sidewalk) to match existing street improvements, in accordance with applicable City standards. 81. All broken or off grade street improvements shall be repaired or replaced. STATE HIGHWAY 111 (GENE AUTRY TRAIL) 82. Dedicate a property line - corner cut back at the southeast corner of the Gene Autry Trail and Ramon Road intersection, and at the northeast corner of the Gene Autry Trail and Camino Parocela intersection in accordance with City of Palm Springs Standard Drawing No. 105. 83. Remove the existing driveway approach, and construct a new 30 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205, with the centerline of the driveway approach ' located approximately 200 feet north of the centerline of Camino Parocela, as shown on the approved site plan. Resolution No. 21999 Page 20 ' 84. Remove the existing driveway approach located approximately 275 feet south of the centerline of Ramon Road and replace with new street improvements (curb and gutter, and colored sidewalk) to match existing street improvements, in accordance with applicable City standards. 85. All broken or off grade street improvements shall be repaired or replaced. CAMINO PAROCELA 86. The applicant shall apply for an Encroachment License for the operation and use of the private storm drain facility across Camino Parocela at San Luis Rey Drive, conveying on-site stormwater runoff from the project site, including the Lowe's commercial center, to the off-site retention basin. The Encroachment License shall be approved by the City Council prior to issuance of a certificate of occupancy. Provisions for the operation of this off-site storm drain facility, including obligations required by the Encroachment License, shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. 87. Remove the existing street improvements and construct a 30 feet wide ' driveway approach in accordance with City of Palm Springs Standard Drawing No. 205, with the centerline of the driveway approach located approximately 140 feet east of the centerline of Gene Autry Trail, as shown on the approved site plan. 88. Remove the existing street improvements and construct an 80 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205, with the centerline of the driveway approach located approximately 320 feet east of the centerline of Gene Autry Trail, as shown on the approved site plan. 89. Remove the existing street improvements and construct a 90 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205, with the centerline of the driveway approach located approximately 80 feet from the easterly property line, as shown on the approved site plan. 90. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. 91. All broken or off grade street improvements shall be repaired or ' replaced. Resolution No. 21999 Page 21 SANITARY SEWER 92. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING 93. 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 Grading plan. b. The first submittal of the Grading 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 Site Plan; a copy of current Title Report; a copy of Soils Report; and a copy of the associated Hydrology Study/Report. 94. Prior to issuance of grading permit, the applicant shall provide verification to the City that the current acreage fee has been paid in accordance with the Tribal Habitat Conservation Plan (THCP). Resolution No. 21999 Page 22 ' 95. Prior to approval of a Grading Plan, the applicant shall obtain written approval to proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926), to determine their requirements, if any, associated with grading or other construction. The applicant is advised to contact the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during grading or other construction, and to arrange payment of any required fees associated with Tribal monitoring. 96. 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. 97. 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. 98_ A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan. 99. In cooperation with the Riverside County Agricultural Commissioner and the California Department of Food and Agriculture Red Imported Fire Ant Project, applicants for grading permits involving a grading plan and involving the export of soil will be required to present a clearance document from a Department of Food and Agriculture representative in the form of an approved "Notification of Intent To Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if required). The California Department of Food and Agriculture office is located at 73-710 Fred Waring Drive, Palm Desert (Phone: 760-776- 8208). 100. The applicant shall demonstrate that the existing easement for vehicular ' access across the project site created by that certain unrecorded Land Lease dated January 6, 2000, between Michael J. Preito, and Lowe's Resolution No. 21999 Page 23 HIW, Inc., a Virginia corporation, by Memorandum of Lease recorded August 22, 2000, as Instrument No. 2000-328179, of official records of Riverside County, has been quit-claimed, relocated or otherwise removed and does not encroach within any footprint of proposed buildings located on the project site. Prior to approval of the grading plan for the proposed development and issuance of a building permit, the Memorandum of Lease between Michael J. Prieto and Lowe's HIW, Inc., shall be amended, or an alternative legal document shall be provided to the City Engineer, demonstrating that the existing vehicular access easement across the project site does not encroach within any footprint of proposed buildings located on the project site. DRAINAGE 101. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. The Preliminary Hydrology Study, prepared by Feiro Engineering, Inc., dated May 1 , 2007, shall be updated to determine the volume of increased stormwater runoff due to development of the site, ' and to determine required stormwater runoff mitigation measures for the proposed development. Final retention system sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the final hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. 102. The Preliminary Hydrology Study shall be finalized and submitted for review and approval by the City Engineer. Verification shall be made that the private storm drain system across the adjacent property identified by Assessor's Parcel Number (APN 680-170-046), the Lowe's commercial center, has adequate capacity to convey the on-site stormwater runoff from the Destination Ramon West project site. A current survey shall be made of the existing off-site retention basin, providing the City Engineer with as-built topographic evidence that the retention basin storage volume is adequate. In the event the existing storm drain system lacks adequate capacity, the applicant shall be required to provide on-site retention of the excess volume of on-site stormwater runoff, to the satisfaction of the City Engineer. In the event the existing off-site retention basin lacks adequate storage volume, the applicant shall be required to enlarge the retention basin as necessary to provide the minimum required storage volume, to the satisfaction of the City Engineer. Resolution No. 21999 Page 24 103. Submit storm drain improvement plans for all on-site storm drainage ' system facilities for review and approval by the City Engineer. 104. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of the site to the existing on- site private storm drain system across the Lowe's commercial center to the off-site retention basin and/or into an on-site underground retention system (as may be required), as described in a final Hydrology Study, prepared for this project. The Preliminary Hydrology Study prepared by Feiro Engineering, Inc., shall be amended to include catch basin sizing, storm drain pipe sizing, and underground retention system sizing calculations (if required) and other specifications for construction of required on-site storm drainage improvements. 105. This project proposes to use an existing private storm drain system across the adjacent property identified by Assessor's Parcel Number (APN 680-170-046), the Lowe's commercial center, and to convey on- site stormwater runoff from the project site through the Lowe's commercial center to an existing off-site retention basin. Prior to approval of the Precise Grading and Paving Plan, storm drain improvement plans, and issuance of a building permit, the applicant shall demonstrate to the City Engineer approval from Lowe's HIW, Inc., a Virginia corporation, for use of the private on-site storm drain system and off-site retention basin currently used by the Lowe's commercial center. Draft Covenants, Conditions and Restrictions (CC&R's) have been provided to the City Engineer, to evidence authorization by Lowe's HIW, Inc., the use of its existing private storm drain system as a "Common Utility Facility". The applicant shall provide a final form, executed and recorded copy of CC&R's to the City Engineer for review by the City Attorney, to determine that requisite authorization by Lowe's HIW, Inc., to use the existing private storm drain system and off-site retention basin has been provided through the CC&R's. If, in the opinion of the City Attorney, the applicant has failed to obtain authorization to use the existing private storm drain system across the Lowe's commercial center or the off-site retention basin, the applicant shall be required to revise the CC&R's to the City Attorney's satisfaction; or, the applicant shall be required to retain 100% of the incremental increase of on-site stormwater runoff within the Destination Ramon West project site as required by the City Engineer. 106. 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 Resolution No. 21999 Page 25 ' 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 (if any). 107. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 9212.00 per acre per Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. 106. Covenants, Conditions and Restrictions (CC&R's) shall be prepared for this project that provides for the perpetual use of the off-site retention basin located on the property identified by Assessor's Parcel Number (APN 680-170-042) by the Destination Ramon West and Lowe's commercial center. The CC&R's shall adequately describe the off-site retention basin, include maintenance provisions, and restrict its use in perpetuity for private flood control and drainage purposes. Amended CC&R's that affect the use of the off-site retention basin shall require review and approval by the City Engineer. ON-SITE 109. The minimum pavement section for all on-site pavement shall be 2-112 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. GENERAL 110. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs ' Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the Resolution No. 21999 Page 26 i 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. 111. On phases or elements of construction following initial site grading (e.g., sewer, storm drain, or other utility work requiring trenching) associated with this project, the applicant shall be responsible for coordinating the scheduled construction with the Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or Tribal Arachaeologist. Unless the project site has previously been waived from any requirements for Tribal monitoring, it is the applicant's responsibility to notify the Tribal Historic Preservation Officer, Richard Begay (760-883-1940), or the Tribal Archaeologist, Patty Tuck (760-883-1926) for any subsequent phases or elements of construction that might require Tribal monitoring. If required, it is the responsibility of the applicant to coordinate scheduling of Tribal monitors during construction, and to arrange payment of any required fees associated with Tribal monitoring. Tribal monitoring requirements may extend to off-site construction performed by utility companies on behalf of the applicant (e.g. utility line extensions in off-site streets), which shall be the responsibility of the applicant to coordinate and arrange payment of any required fees for the utility companies. 112. All proposed utility lines shall be installed underground. 113. 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. 114. 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. 115. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented Resolution No. 21999 Page 27 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. 116. Nothing shall be constructed or planted in the corner cut-off area of any 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. 117. 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 118. A Parcel 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 Parcel Map to the Engineering Division as part of the review of the Map. The Parcel Map shall be approved by the City Council prior to issuance of building permits. 119. In accordance with Government Code 66411.1 (a), all required public improvements shall be listed in an Improvement Certificate on the Parcel Map and clearly noted that the required public improvements will be the minimum development requirements for the parcels within Tentative Parcel Map No. 35507, but shall be completed prior to issuance of a building permit on the parcels. 120. 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 Parcel Map. 121. Upon approval of a parcel map, the parcel 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 Resolution No. 21999 Page 28 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 rile), 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 122. As determined by the DR West Traffic Impact Analysis prepared by RBF Consulting (as revised May 10, 2007), the following mitigation measures will be required: a. Pay a fair share contribution determined as 2.95% (or $5,900) for the design and construction of a new traffic signal at the intersection of Gene Autry Trail and Mission Road. b. Pay a fair share contribution determined as 2.88% (or $5,760) for the future signalizing the intersection of Gene Autry Trail and Sunny Dunes Road. c. Pay a fair share contribution determined as 3.40% of the future modification of the northbound San Luis Rey Drive approach from one left-turn lane, one through lane, and one right-turn lane to consist of two left-turn lanes, one through lane, and one right-turn lane. Payment of the fair-share amount shall be determined upon the actual design and construction costs of the traffic signal modification to be performed by The Springs commercial shopping center. The applicant shall deposit $6,800 with the City Engineer as an estimated fair-share amount, and shall be responsible for payment of the actual fair-share amount. Excess payment (if any) shall be refunded to the applicant. d. Pay a fair share contribution determined as .95% (or $1,900) for the design and construction of a new traffic signal at the intersection of San Luis Rey Drive and Dinah Shore Drive. 123. 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 and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the frontages of the subject property. Resolution No, 21999 Page 29 124. FDFD All damaged, destroyed, or modified pavement legends, traffic control devices, signing, striping, and street lights, associated with the proposed development shall be replaced as required by the City Engineer prior to issuance of a Certificate of Occupancy. 125. 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. 126. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS 1