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HomeMy WebLinkAbout24299 RESOLUTION NO. 24299 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE NO. 3.3989-MAJ; A MAJOR ARCHITECTURAL APPLICATION APPROVAL FOR THE CONSTRUCTION OF THREE A SEVENTEEN-UNIT APARTMENT COMPLEX ON A 49,405- SQUARE FOOT UNDEVELOPED PARCEL LOCATED AT 2150 NORTH ZANJERO ROAD, ZONE R-2, SECTION 3. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Glenwood Management Group, ("Applicant") has filed an application with the City pursuant to Section 94.04.00 of the Zoning Ordinance for the construction of a new seventeen-unit apartment complex on an undeveloped parcel located 2150 North Zanjero Road, Zone R-2, Section 3. B. On July 17, 2017, the Architectural Advisory Committee voted unanimously, to recommend approval of the project to the Planning Commission as submitted. C. On July 26, 2017, a public meeting on the application to consider Case 3.3989 MAJ was held by the Planning Commission in accordance with applicable law. D. On September 6, 2017, a public meeting on the proposed major architectural application was held by City Council in accordance with applicable law. The City Council has carefully reviewed and considered all of the evidence presented in connection with the meeting on the proposed major architectural approval, including but not limited to the staff report and all written and oral testimony presented. E. The proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be categorically exempt pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines. Furthermore, the project meets the following CEQA criteria: 1. The project is consistent with the applicable general plan designation and applicable zoning designation; 2. The project is located within the City limits on a site of no more than five acres substantially surrounded by urban uses; 3. The project is not located on sites that have value as habitat for endangered, rare or threatened species; 4. The project will not result in any significant impacts relating to traffic, noise, air quality, or water quality; and 5. The project can be adequately served by all required utilities and public services. Resolution No. 24299 Page 2 F. 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. G. The City Council has carefully reviewed and considered all of the evidence presented in connection with the Project, including but not limited to the staff report, and all written and oral testimony presented and finds that the Project complies with the requirements of Section 94.04.00 of the City's Zoning Code. The City Council makes the following findings based on specific evidence as described after each finding: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking areas; The proposed development is on an undeveloped flat lot with access from a local street with adequate off-street parking. The site layout, orientation and locations of structures allow adequate open space and well-defined pedestrian and vehicular areas. Existing sidewalks are provided along North Indian Canyon Drive and along North Zanjero Road leading into the development. Proposed sidewalks along North Zanjero Road will be distinct from planned parking areas. The view corridors of the site and its surroundings will not be impacted by the apartment building; proposed height is twenty (20) feet; the R-2 zone allows a maximum height of twenty-four (24) feet. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted, The proposed apartment complex will be developed in an area that is surrounded by mostly undeveloped parcels. There is an existing nursing home to the north, undeveloped parcels to the south and northwest, an assisted living facility to the southwest and existing multi-family residential uses to the east. The proposed complex will be harmonious with existing land uses in the immediate vicinity. The design of the proposed apartment complex will fit the immediate neighborhood/community relative to the style and future use. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens towers or signs) and effective concealment of all mechanical equipment; The proposed development conforms to required development standards of the zoning designation such as setbacks, height limits, minimum and maximum coverage limits. The maximum height, overall mass are all in keeping with the R-2 development standards. The project is not seeking any relief for development standards of the designated zone. Mechanical equipment will be placed on grade and is well screened. Resolution No. 24299 Page 3 4. Building design, materials and colors to be sympathetic with desert surroundings;AND 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, AND 6. Consistency of composition and treatment, As proposed, the building design will complement existing development' in the area; proposed materials and colors are sympathetic with desert surrounding. The size of apartment buildings, proposed materials, colors and other elements of the new structures are consistent with the architectural styles prevalent in the City. There is consistency in the composition and treatment of the new buildings with a simple architectural style. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials, The project proposes mostly drought-tolerant plant species deemed appropriate to the desert environment. As designed, landscaped areas will include use of shade trees and decomposed granite and hardscape along the frontage, side yards and courtyard area. The proposed landscape plan includes a mix of different species of drought tolerant shrubs, decomposed granite and groundcovers used along the property frontage, patio and recreation areas. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES: SECTION 1. That the findings and determinations reflected above are true and correct, and are incorporated by this reference herein as the cause and foundation for the action taken by and through this resolution. SECTION 2. CEQA. The proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be categorically exempt pursuant to Section 15332 (In-Fill Development Projects) of the CEQA Guidelines. SECTION 3. The City Council hereby approves the proposed major architectural approval allow the development of a seventeen-unit apartment complex located at 2150 North Zanjero Road, and such approvals shall be valid for two years, unless otherwise extended in a manner authorized under applicable provisions of the Palm Springs Municipal Code. Resolution No. 24299 Page 4 ADOPTED THIS 6T" DAY OF SEPTEMBER 2017. e DAVID H. READY, [!SQ., .D. CITY MANAGER ATTEST: KATHLEEN D. HART, MMC INTERIM CITY CLARK CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS ) I, KATHLEEN D. HART, Interim City Clerk of the City of Palm Springs, hereby certify that Resolution No. 24299 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 6th day of September, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: Councilmember Roberts ABSTAIN: None RECUSED: None KATHLEEN D. HART, MMC INTERIM CITY CLERK RESOLUTION NO. 24299 Exhibit A Case 3.3989-MAJ Glenwood Management Group 17-Unit Apartment Complex 2150 North Zanjero Road September 6, 2017 CONDITIONS OF APPROVAL 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 Director of Building and Safety, 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: ADM 1. Project Description. This approval is for the project described per Case 3.3989-MAJ; except as modified with the approved the conditions below; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped July 26, 2017, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division except as modified by the approved Mitigation Measures and conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 3.3989-MAJ. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City Conditions of Approval September 6,2017 Case No.3.3989-MAJ Page 2 of 17 of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, 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. ADM 7. Time Limit on Approval. Approval of the Architectural Application (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time may be granted by the Planning Commission upon demonstration of good cause. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 9. Public Art Fees. 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 projects or 1/4% for residential projects 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 and Zoning 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. ADM 10. Park Development Fees. The developer shall dedicate land or pay a fee in lieu of a dedication, at the option of the City. The in-lieu fee shall be computed Conditions of Approval September 6,2017 Case No.3.3989-MAJ Page 3 of 17 pursuant to Ordinance No. 1632, Section IV, by multiplying the area of park to be dedicated by the fair market value of the land being developed plus the cost to acquire and improve the property plus the fair share contribution, less any credit given by the City, as may be reasonably determined by the City based upon the formula contained in Ordinance No. 1632. In accordance with the Ordinance, the following areas or features shall not be eligible for private park credit: golf courses, yards, court areas, setbacks, development edges, slopes in hillside areas (unless the area includes a public trail) landscaped development entries, meandering streams, land held as open space for wildlife habitat, flood retention facilities and circulation improvements such as bicycle, hiking and equestrian trails (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). ENVIRONMENTAL ASSESSMENT: ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. Notice of Exemption. The project is exempt from the California Environmental Quality Act (CEQA); therefore, an administrative fee of $50 shall be submitted by the applicant in the form of a money order or a cashier's check payable to the Riverside County Clerk within two business days of the Commission's final action on the project. This fee shall be submitted by the City to the County Clerk with the Notice of Exemption. Action on this application shall not be considered final until such fee is paid (projects that are Categorically Exempt from CEQA). PLANNING DEPARTMENT: PLN 1. Outdoor Lighting Conformance. Exterior lighting plans, including a photometric site plan showing the project's conformance with Section 93.21.00 Outdoor Lighting Standards of the Palm Springs Zoning ordinance, shall be submitted for approval by the Department of Planning prior to issuance of a building permit. Manufacturer's cut sheets of all exterior lighting on the building and in the landscaping shall be included. If lights are proposed to be mounted on buildings, down-lights shall be utilized. No lighting of hillsides is permitted. PLN 2. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Landscape plans shall be wet stamped and approved by the Riverside Conditions of Approval September 6, 2017 Case No. 3.3989-MAJ Page 4 of 17 County Agricultural Commissioner's Office prior to submittal. Prior to submittal to the City, landscape plans shall also be certified by the local water agency that they are in conformance with the water agency's and the State's Water Efficient Landscape Ordinances. PLN 3. Screen Roof-mounted Equipment. All roof mounted mechanical equipment shall be screened per the requirements of Section 93.03.00 of the Zoning Ordinance. PLN 4. Surface Mounted Downspouts Prohibited. No exterior downspouts shall be permitted on any facade on the proposed building(s) that are visible from adjacent streets or residential and commercial areas. PLN 5. Pre-wiring for Installation of Photo-voltaic systems. If the project does not include photo-voltaic system(s) for electrical production, "pre-wiring" and appropriate configuration of electrical panels and conduit must be provided to accommodate the future installation of such equipment on rooftops of structures within the proposed development. PLN 6. Trash Bins Stash bins shall be placed behind screened location at all times with the exception of garbage collection days. PLN 7. All HVAC equipment shall be ground-mounted and shall be screened pursuant to PSZC Chapter 93. No rooftop HVAC equipment shall be permitted. PLN 8. The perimeter walls for the development shall be as follows: • East wall: 6' high masonry block pilasters with stucco smooth coat finish interspersed with corrugated metal panels; gated entries per the spacing as shown on Plan A-001. • North and south walls: 6' high corrugated metal fence with concealed support posts. • West wall: 6' high masonry block wall with stucco smooth coat finish; central portion of wall shall be 6' iron picket fence with central gate per Plan A-001. PLN 9. All carport structures shall conform to the setback requirements of the R-2 zoning district. Carport structures shall conform to the construction details as shown on Plan A-409. PLN 10. The parking lot shall be screened in accordance with requirements of PSZC Section 93.06.00(C)(12). End parking spaces shall conform to the design and construction standards of PSZC Section 93.06.00(E)(13). PLN 11. The trash enclosure shall be subject to review by Palm Springs Disposal Services, and the location and construction of the enclosure shall be subject to review and approval by the Director of Planning Services. Conditions of Approval September 6,2017 Case No.3.3989-MAJ Page 5 of 17 PLN 12. Solar panels shall be provided over the central carport structure as shown on Plan A-001. ENGINEERING DEPARTMENT: The Engineering Division recommends that if this application is approved, such approval is subject to the following conditions being completed in compliance with City standards and ordinances. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Engineering Services Department for review and approval. STREETS ENG 1. The Engineering Services Department recommends deferral of off-site improvement items (identified as "Deferred) at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 2. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. ENG 3. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. NORTH INDIAN CANYON DRIVE ENG 4. Remove the existing curb located 32 feet west of centerline and replace with an 8 inch curb and gutter located 38 feet west of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. "Deferred' ENG 5. Construct an 8 feet wide sidewalk behind the future curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. "Deferred' Conditions of Approval September 6, 2017 Case No.3.39MMAJ Page 6 of 17 ENG 6. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 7. Construct a 14-feet wide raised, landscaped median island as specified by the City Engineer across the entire frontage. Landscaping and irrigation plans for the median shall be submitted to the City Engineer for review and approval, in conjunction with the associated street improvement plans. ENG 8. Submit landscaping and irrigation system improvement plans for review and approval by the City Engineer and Director of Parks and Recreation. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the median landscaping by the City. The plans shall be approved in conjunction with the street improvement plans for the median and prior to issuance of a building permit, unless otherwise allowed by the City Engineer. ENG 9. All median landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any landscaping that fails during the one year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. ENG 10. Construct pavement with a minimum pavement section of 5 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. "Deferred'. ENG 11. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ZANJERO ROAD ENG 12. Contact Desert Water Agency at (760) 323-4971 to determine impacts to any existing Whitewater Mutual Water Company water lines and other facilities that may be located within the existing 30 feet wide strip parcel Conditions of Approval September 6,2017 Case No.3.3989-MAJ Page 7 of 17 adjacent to Zanjero Road (APN# 504-270-014). Applicant to acquire an easement for street purposes from Via Escuela and extending north along the frontage of project. Make appropriate arrangements to protect in place or relocate any facilities that are impacted by the development. A letter of approval for relocated or adjusted facilities and an executed Grant of Easement from Desert Water Agency shall be submitted to the Engineering Services Department prior to approval of the Grading Plan. ENG 13. Construct a 6 inch curb and gutter, 18 feet east of centerline from the intersection of Via Escuela and along the entire frontage, with a 25 feet radius curb return, spandrel and cross gutter at the northeast corner of the intersection of Via Escuela and Zanjero Road in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 14. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 15. Construct two 24 feet wide driveway approaches in accordance with City of Palm Springs Standard Drawing No.205. ENG 16. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast comer of the intersection of Via Escuela and Zanjero Road and in accordance with City of Palm Springs Standard Drawing No. 212. ENG 17. Construct pavement with a minimum pavement section of 2 % inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to 6 feet west of centerline from the intersection of Via Escuela and Zanjero Road along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) 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. ENG 18. An application for an Encroachment Agreement shall be submitted to the Engineering Services Department to allow installation of landscaping and appurtenances within the public right-of-way across the frontage of APN#504-270-016. The application for the Encroachment Agreement shall be approved prior to issuance of a certificate of occupancy. Conditions of Approval September 6,2017 Case No.3.3989-MAJ Page 8 of 17 ENG 19. All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON-SITE ENG. 20. The minimum pavement section for all on-site pavement drive aisles, parking spaces shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG. 21. An accessible pedestrian path of travel shall be provided throughout the development, as may be required by applicable state and federal laws. An accessible path of travel shall be constructed of Portland cement concrete, unless alternative materials meeting state and federal accessibility standards is approved by the City Engineer. SANITARY SEWER ENG. 22. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. GRADING ENG. 23. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department 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 Services Department with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For Conditions of Approval September6, 2017 Case No.3.3989-MAJ Page 9 of 17 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 httn://www.AQMD.pov. A Fugitive Dust Control Plan, in conformance with the Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and approved by the Engineering Services Department 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; a copy of the project-specific Final Water Quality Management Plan. ENG. 24. Prior to approval of a Grading Plan (or issuance of a Grading Permit), 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 ( a copy of the written approval must be provided to the City) . The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI- TH POAag uacaliente.net 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. ENG. 25 In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG. 26. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG. 27. Within 10 days of ceasing all construction activity and when construction activities are not scheduled to occur for at least 30 days, the disturbed areas on-site shall be permanently stabilized, in accordance with Palm Springs Municipal Code Section 8.50.022. Following stabilization of all disturbed areas, perimeter fencing shall be removed, as required by the City Engineer. Conditions of Approval September6, 2017 Case No.3.3989-MAJ Page 10 of 17 ENG. 28. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional,Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG. 29. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG. 30. 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 Services Department with the first submittal of a grading plan (if required) or prior to issuance of any permit. ENG. 31. The applicant shall provide pad (or finish floor) elevation certifications for all building (or structure) pads in conformance with the approved grading plan (if required), to the Engineering Services Department prior to construction of any building (or structure) foundation. ENG. 32. 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). WATER QUALITY MANAGEMENT PLAN ENG. 33. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the Conditions of Approval September 6,2017 Case No.3.3989-MAJ Page 11 of 17 underground parking garage and the on-site private drive aisles. 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. ENG. 34. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project- Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project- Specific WQMP include: requiring the implementation of the Final Project- Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Community Service Areas responsible for implementing the Final Project- Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. DRAINAGE ENG. 35. 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. ENG. 36. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 6511.00 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. GENERAL Conditions of Approval September6,2017 Case No.3.3989-MAJ Page 12 of 17 ENG. 37. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, 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. ENG. 38. 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. ENG. 39. All proposed utility lines shall be installed underground. ENG. 40. In accordance with Chapter 8.04.401 of the City of Palm Springs Municipal Code, all existing and proposed electrical lines of thirty-five thousand volts or less and overhead service drop conductors, and all gas, telephone, television cable service, and similar service wires or lines, which are on- site, abutting, and/or transecting, shall be installed underground unless specific restrictions are shown in General Orders 95 and 128 of the California Public Utilities Commission, and service requirements published by the utilities. The existing overhead utilities across the west property line, meet the requirement to be installed underground. Utility undergrounding shall extend to the nearest off-site power pole; no new power poles shall be installed unless otherwise approved by the City Engineer. A letter from the owners of the affected utilities shall be submitted to the Engineering Services Department prior to approval of a grading plan, informing the City that they have been notified of the City's utility undergrounding requirement and their intent to commence design of utility undergrounding plans. When available, the utility undergrounding plan shall be submitted to the Engineering Services Department identifying all above ground facilities in the area of the project to be undergrounded. Undergrounding of existing overhead utility lines shall be completed prior to issuance of a certificate of occupancy. Conditions of Approval September 6,2017 Case No.3.3989-MAJ Page 13 of 17 ENG. 41. The applicant is advised that deferral of utility undergrounding requires specific approval by the Planning Commission and City Council. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, the record property owner(s) shall enter into a covenant agreeing to underground all of the existing overhead utilities required by the Municipal Code in the future upon request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) and submitted to the*City Engineer prior to issuance of a building permit. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the developer prior to issuance of any grading or building permits. ENG. 42. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG. 43. Upon approval of any improvement plan (if required) 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 by the City Engineer. ENG. 44. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built' information and returned to the Engineering Services Department 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. ENG. 45. 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. ENG. 46. 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 in accordance with City of Palm Springs Standard Drawing No. 904. ENG. 47. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit. Conditions of Approval September 6,2017 Case No.3.3989-MAJ Page 14 of 17 TRAFFIC ENG. 48 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. ENG. 49. Construction signing, lighting and barricading shall be provided during all phases of construction 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,Part 6 "Temporary Traffic Control' of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. ENG. 50. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT: FID 1 These conditions are subject to final plan check and review. Initial Fire Department conditions have been determined from the plans received July 13, 2017. These Fire Department conditions may not provide all requirements. Owner/developer is responsible for all applicable state and locally adopted fire codes. Detailed plans are still required for review. FID 2 Fire Department Conditions are based on the 2016 Califomia Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code, PSFD Appendix "O" Development Requirements and latest adopted NFPA Standards. Three (3) complete sets of plans for private fire service mains, fire alarm, or fire sprinkler systems must be submitted at time of the building plan submittal. No deferred submittals accepted. FID 3 PLANS AND PERMITS Complete plans for private fire service mains or fire sprinkler systems should be submitted for approval well in advance of installation. Plan reviews can take up to 20 working days. Submit a minimum of three (3) sets of drawings for review. Upon approval, the Fire Prevention Bureau will retain one set. Plans shall be submitted to: City of Palm Springs Conditions of Approval September 6,2017 Case No.3.3989-MAJ Page 15 of 17 Building and Safety Department 3200 E. Tahquitz Canyon Way Palm Springs, CA 92262 Counter Hours: 8:00 AM —6:00 PM, Monday —Thursday A deposit for Plan Check and Inspection Fees is required at the time of Plan Submittal. Inspection fees are charged at the fully burdened hourly rate of the fire inspector. These fees are established by Resolution of the Palm Springs City Council. Complete listings and manufacturer's technical data sheets for all system materials shall be included with plan submittals. All system materials shall be UL listed or FM approved for fire protection service and approved by the Fire Prevention Bureau prior to installation. Plans shall include all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supporting data, (calculations and manufacturers technical data sheets) including fire flow data, shall be submitted with each plan submittal. Complete and accurate legends for all symbols and abbreviations shall be provided on the plans. FID 4 Conditions of Approval — "Conditions of Approval' received from the Palm Springs Planning Department must be submitted with each plan set. Failure to submit will result in a delay of plan approval. FID 5 Fire Apparatus Access Roads (CFC 503.1.1): Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Dimensions (CFC 503.2.1): Fire apparatus access roads shall have an unobstructed width of not less than 24.feet except for approved security gates in accordance with Section 503.6 and an unobstructed vertical clearance of not less than 13 feet 6 inches. Surface (CFC 503.2.3): Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. • Fire Lanes —signage and/or curb markings required Conditions of Approval September 6, 2017 Case No.3.3989-MAJ Page 16 of 17 Project Note: Project is not compliant with the above "150' Rule". An interior standpipe system may be used as an alternate means of protection. Contact the fire department for details. FID 6 Required access (CFC 504.1): Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the fire department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided when required by the fire code official. Project Note: Approved access required to reach all grade level exterior walls. FID 7 Turning radius (CFC 503.2.4): Fire access road turns and corners shall be designed with a minimum inner radius of 25 feet and an outer radius of 43 feet. Radius must be concentric. FID 8 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be prohibited unless approved by the fire code official. FID 9 Key Box Required (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. FID 10 Operational Fire Hydrant(s) (CFC 507.19 507.5 8r C105.1): An approved water supply capable of supplying the required fire flow for fire protection shall be provided. • Maximum distance from any point on street frontage to a public hydrant — 250 feet • Operational fire hydrant(s) shall be installed within 250 feet of all combustible construction and shall be serviceable prior to and during construction FID 11 NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13R, 2013 Edition, as modified by local ordinance. • Shall comply with Palm Springs Fire Code Appendix "O" FID 12 Fire Extinguisher Requirements (CFC 906): 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. Extinguishers shall.be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit Conditions of Approval September 6,2017 Case No.3.3989-MAJ Page 17 of 17 door. FID 13 Residential Smoke and Carbon Monoxide Alarms Installation (CFC 907.2.11.2/314; CRC R314 & R315; and California Health & Safety Code 17926): Provide and install Residential Smoke and Carbon Monoxide Alarms. Alarms shall receive their primary power from the building wiring, and shall be equipped with a battery backup. In new construction, alterations, repairs and additions, smoke and carbon monoxide alarms shall be interconnected. The operation of any smoke alarm will cause all smoke alarms within the dwelling to sound. The operation of any carbon monoxide alarm will cause all carbon monoxide alarms within the dwelling to sound. FID 14 Hazardous Materials (CFC 5004.1): Storage of hazardous materials in amounts exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001, 5003 and 5004. Storage of hazardous materials in amounts not exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001 and 5003. Retail and wholesale storage and display of nonflammable solid and nonflammable and noncombustible liquid hazardous materials in Group M occupancies and Group S storage shall be in accordance with Section 5003.11. • Pool Chemicals — dedicated, compliant storage cabinets, rooms, or areas required • Liquid Petroleum Gas (LPG) — dedicated, compliant storage cabinets, rooms, or areas required Project Note: Show compliant chemical storage room on plans END OF CONDITIONS