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Home My WebLink About24266 RESOLUTION NO. 24266 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING AN AMENDMENT TO THE 2007 PALM SPRINGS GENERAL PLAN ADOPTED BY RESOLUTION NO. 22077, MODIFYING THE LAND USE DESIGNATION FROM "MIXED-USE/MULTI-USE" TO "MEDIUM DENSITY RESIDENTIAL" ON A 13.25 ACRE PROJECT SITE FOR AN 80-LOT SINGLE-FAMILY DEVELOPMENT LOCATED AT THE SOUTHWEST CORNER OF EAST PALM CANYON DRIVE AND MATTHEW DRIVE (CASE 5.1384 GPA). THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Summit Land Partners, LLC, on behalf of EHOF Canyon View, LLC ("Applicant') filed an application pursuant to Palm Springs Zoning Code (PSZC) Chapter 94 and California Government Code Section 65350-65362 to modify the General Plan land use designation of the subject site from MU (Mixed-Use/Multi-Use) to MDR (Medium Density Residential) for the development of an 80-lot single-family development, private streets, and common open space on a 13.25-acre parcel (APN #681-170-038 and #681-170- 039)("Project"). B. The Applicant submitted related Project applications, including a Planned Development District in lieu of a Change of Zone (Case 5.1384 PD-381) to establish development standards for the Project site; a Major Architectural application (Case 3.3902 MAJ) to review the proposed site plan and project architecture pursuant to Palm Springs Zoning Code (PSZC) Section 94.04.00; and a Vesting Tentative Tract Map application (Case VTTM 36969) to subdivide the Project site into 80 residential lots, private streets, and common open space. C. A notice of a public hearing of the Planning Commission of the City of Palm Springs, California to consider the above-mentioned applications was given in accordance with applicable law, and on May 24, 2017, the Planning Commission 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, and all written and oral testimony presented, and voted 3 to 2 to deny the Project. D. On June 5, 2017, the Applicant filed an appeal of the Planning Commission decision to deny the Project, in accordance with the procedures in Chapter 2.05 of the Palm Springs Municipal Code (PSMC). E. A notice of a public hearing of the City Council of the City of Palm Springs, California, to consider an appeal of the Project including Case Nos. 5.1384 PD- 381/GPA, 3.3902 MAJ, and VTTM 36969, was given in accordance with applicable law for the regular meeting of July 5, 2017. Resolution No. 24266 Page 2 F. On July 5, 2017, a public hearing of the City Council of the City of Palm Springs, California, was held in accordance with applicable law. G. At the meeting of July 5, 2017, the City Council carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project, including but not limited to the Initial Study and MND, the staff reports on all aspects of the proposed Project, and all written and oral testimony presented, and voted to approve the appeal. H. The City Council makes the following specific findings relative to the General Plan Amendment based on specific evidence as described after each finding: 9. Findings of compatibility of the proposed MDR (Medium Density Residential) land use designation with existing adjacent land uses and development patterns. The proposed MDR land use designation is consistent with the properties located immediately to the north and to the south of the subject site, and the proposed change will create a consistent and continuous pattern of land use with the parcels to the north and south. The uses allowed under the MDR land use designation are consistent with the existing uses to the north and west of the site, and are consistent with the uses allowed on the undeveloped parcel to the south. 2. Finding that there are not potential impacts to existing or future development in the area. The proposed MDR land use designation will allow a level of density that is consistent with the existing developments to the north of the subject site, and is compatible with the residential density permitted on the undeveloped site to the south. The residential development will not have an impact to the commercial development to the east, and will most likely support the neighborhood commercial uses available in the area. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: 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. The Project is considered a "project' pursuant to the California Environmental Quality Act (CEQA). An Initial Study was prepared for the Project, which considered all required CEQA issues; potential significant impacts were identified, along with Mitigation Measures that would reduce the potential adverse impacts to less than significant levels. A Notice of Intent (NOI) to adopt a Mitigated Negative Declaration Resolution No. 24266 Page 3 (MND) was circulated for public comment and review between April 14, 2017, and May 13, 2017. The City Council has reviewed and considered the information in the MND and has, by separate resolution, adopted the MND in accordance with CEQA. SECTION 3. The City Council hereby approves the General Plan Amendment to change the land use designation from MU (Mixed-Use/Multi-Use) to MDR (Medium Density Residential) for Case 5.1384 GPA. SECTION 4. The City Council hereby approves the change to the General Plan Land Use Map from MU to MDR for the 13.25-acre parcel (APN #681-170-038 and #681-170-039) as to be further described in a legal description pursuant to the conditions of approval attached hereto. ADOPTED THIS 5T" DAY OF JULY, 2017. 1 David H. Ready, Esq., . . City Manager ATTEST: u"nj,e Kathleen D. Hart, MMC Interim City Clerk 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. 24266 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 5, 2017, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tem Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None Kathleen D. Hart, MMC Interim City Clerk RESOLUTION NO. 24265, 24266, 24267 and 24268 EXHIBIT A CONDITIONS OF APPROVAL Case 5.1384 PD-381 GPA/3.3902 MAJ/VTTM 36969 SUMMIT LAND PARTNERS ON BEHALF OF EHOF CANYON VIEW, LLC SOUTHWEST CORNER OF EAST PALM CANYON DRIVE & MATTHEW DRIVE July 5, 2017 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 CONDITIONS ADM 1. Project Description. This approval is for the project described per Case (5.1384 PD-381/3.3902 MAJ/VTTM 36969), except as modified with the approved Mitigation Monitoring Program and the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, including site plans, tentative tract maps, 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. Tentative Map. This approval is for Vesting Tentative Tract Map 36969, date stamped April 10, 2017. This approval is subject to all applicable regulations of the Subdivision Map Act, the Palm Springs Municipal Code, and any other applicable City Codes, ordinances and resolutions. Resoiutlon No.24265,24266,24267,and 24268 Conditions of Approval Page 2 ADM 6. 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 5.1384 PD 381 ZC / 3.3902 MAJ / VTTM 36969. 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 or 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 7. 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, bikeways, 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 8. Time Limit on Approval. Approval of the Planned Development District (PD), Vesting Tentative Tract Map (VTTM) and Major Architectural Applications (MAJ) shall be valid for a period of two (2) years from the effective date of the approval. Extensions of time for the PDD and MAJ may be granted by the Planning Commission upon demonstration of good cause. Extensions of time for the VTTM may be approved pursuant to Code Section 9.63.110. Such extension shall be required in writing and received prior to the expiration of the approval. ADM 9. 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. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 3 ADM 10. 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 11. 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 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). ADM 12. CC&R's. Prior to recordation of a final Tentative Tract Map or issuance of building permits, the applicant shall submit a draft declaration of covenants, conditions and restrictions ("CC&R's") to the Director of Planning for approval in a format to be approved by the City Attorney. The draft CC&R package shall include: a. The document to convey title b. Deed restrictions, easements, of Covenant Conditions and Restrictions to be recorded. c. Provisions for joint access to the proposed parcels, and any open space restrictions. d. A provision, which provides that the CC&R's may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest. Approved CC&R's are to be recorded following approval of the final map. The CC&R's may be enforceable by the City, shall not be amended Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 4 without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances, ADM 13. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,640, for the review of the CC&R's by the City Attorney. A $1,165 filing fee shall also be paid to the City Planning Department for administrative review purposes. ADM 14. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ADM 15. Community Facilities District (CFD). The project will bring additional residents, visitors and activities to the community that will potentially impact the needs for public safety services beyond the City's ability to provide such services; and because such services, including police protection, criminal justice, fire protection and suppression, ambulance, paramedic and other safety services, and recreation, library, cultural services are near capacity, the City has established a Community Facilities District to which this project shall be annexed, subject to conditions of approval. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Multi-species Habitat Conservation Fees. The project is within the boundaries of the both the Coachella Valley Multiple Species Habitat Conservation Plan (CVMSHCP) and the Tribal Habitat Conservation Plan (THCP). The applicant shall pay applicable development mitigation fees, prior to the issuance of grading permit for THCP and prior to certificate of occupancy for CVMSHCP. ENV 2. The applicant shall be required to prepare a cultural resources inventory of the project area by a qualified archaeologist prior to any development activities on the site. Copies of any cultural resource documentation (report and site records) generated in connection with this project shall be provided to the Agua Caliente Tribal Historic Preservation Office. ENV 3. Prior to issuance of grading permits, the applicant/developer shall be required to enter into a contract and retain an approved Agua Caliente Native American Cultural Resources Monitor(s) for any ground disturbing activities (including archaeological testing). The Monitor shall be on-site during all initial ground disturbing activities and excavation of each portion of the project site, including clearing, grubbing, tree removals, grading, trenching, stockpiling of materials, rock crushing, structure demolition, etc. Should buried cultural deposits be encountered, the Monitor may divert, redirect, or halt destructive construction activities to allow for the identification, evaluation and potential recovery of cultural resources in coordination with the Agua Caliente Tribal Historic Preservation Office and an appropriate cultural resources professional. A mitigation plan may be required for treatment of Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 5 encountered resources for submission to the State Historic Preservation Officer and the Agua Caliente Tribal Historic Preservation Office. ENV 4. California Fish & Game Fees Required. The project is required to pay a fish and game impact fee as defined in Section 711.4 of the California Fish and Game Code. This CFG impact fee plus an administrative fee for filing the action with the County Recorder shall be submitted by the applicant to the City in the form of a money order or a cashier's check payable to the Riverside County Clerk prior to the final City action on the project (City Council decision). This fee shall be submitted by the City to the County Clerk with the Notice of Determination. Action on this application shall not be final until such fee is paid. The project may be eligible for exemption or refund of this fee by the California Department of Fish & Game. Applicants may apply for a refund by the CFG at www.dfg.ca.gov for more information. ENV 5. The applicant/developer shall be required to provide a cultural resources inventory of the project area by a qualified archaeologist prior to any development activities in the area. ENV 6. Mitigation Monitoring. 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 (MND) will be included in the plans prior to City Council consideration of the environmental assessment. Mitigation measures are defined in the CEQA Evaluation and summarized here as follows: AIR QUALITY: Mitigation Measures III (b): The following measures will further reduce emission of potentially harmful pollutants and should be included in project grading and dust control plans, as well as in construction and construction traffic staging: Mitigation Measures MM III-1. SCAQMD Rule 403 (403.1 specific to the Coachella Valley):A dust control Plan shall be prepared and implemented during all construction activities, include ground disturbance, grubbing, grading, and soil export. Said plan shall include but not be limited to the following best management practices: • Chemically treat soil where activity will cease for at least four consecutive days; • All construction grading operations and earth moving operations shall cease when winds exceed 25 miles per hour; Resolution No.24265,24266,24257, and 24268 Conditions of Approval Page 6 • Water site and equipment morning and evening and during all earth-moving operations; • Operate street-sweepers on paved roads adjacent to site; • Establish and strictly enforce limits of grading for each phase of development; and/or • Stabilize and re-vegetate areas of temporary disturbance needed to accomplish each phase of development. • Wash off trucks as they leave the project site as necessary to control fugitive dust emissions. • Cover all transported loads of soils, wet materials prior to transport, provide adequate freeboard (space from the top of the material to the top of the truck) to reduce PM10 and deposition of particulate matter during transportation. • Use track-out reduction measures such as gravel pads at project access points to minimize dust and mud deposits on roads affected by construction traffic. Monitoring ill (b): A. Prior to the issuance of grading permits and authorization to proceed, the City Engineer shall review and approve project staging and detailed dust management plans. The dust control plan or equivalent documentation shall also address issues of construction vehicle staging and maintenance. Implementation of these mitigation measures will ensure that impacts associated with PMfo are mitigated to a less than significant level. Responsible Parties: City Engineer, General Contractor B. The City or its designee shall conduct daily inspections of the project and intervene when contractor deviates from City-approved plans. Daily logs shall be maintained on the activities and their conformance to the project's dust control plan. Responsible Parties: City Engineer staff or designee BIOLOGICAL: MM IV-1 Construction Monitoring • A biologist will conduct a training session on sensitive resources within the proposed project for all project personnel prior to initiation of each phase of construction on the site. • The limits of the project disturbance area will be clearly defined and marked in the field. All project activities will be restricted to the established boundary. Project activities will be conducted during daylight hours. • All vehicles operated within all project areas will be inspected daily and maintained, if necessary to avoid leaks of fuel, hydraulic fluids, oil, or coolants. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 7 • Work areas will be kept clean and there will be careful control of waste products at all work sites. • A biologist will be on site during all site disturbing activities. The biologist will have the authority to stop work and will immediately contact the USFWS if unintended impacts to listed species occur. MM 1V-2 Water Quality • Earth moving should occur in a manner that prevents debris and excess materials that may interfere with drainage or impact water quality from entering drainage ways outside of the proposed project. • Re-contoured channel slopes shall be stabilized by compacting, seeding or other suitable means prior to the rain season. • Place all excess material in safe disposal sites and stabilize these sites to prevent erosion. Avoid locations where erosion will carry material into channels. MMIV-3 Mitigation for Impacts to Sensitive Vegetation Communities • Implementation of dust and erosion control measures to minimize indirect temporary impacts to adjacent vegetation communities. • Control of invasive and non-native plant species to reduce the potential for these species to spread to adjacent vegetation communities. MM IV-4 Casey's June beetle • Impact to the Casey's June beetle will be mitigated through the acquisition of off-site habitat within the limits of Casey's June beetle critical habitat or as otherwise approved by USFWS. The location, size, and biological resources of the mitigation site will be to the satisfaction of the USFWS. The applicant shall provide the City with written approval by the USFWS service, demonstrating that all impacts to the species have been addressed, prior to any site disturbance on the site (including grubbing, removal of vegetation or any other activity not requiring a permit). MM IV-5 Sensitive birds • If tree removal is proposed during the breeding season, a raptor nest survey will be conducted by a qualified biologist no longer than a week prior to any tree removal to determine if any raptor nests are present. • if an active raptor nest is discovered during the survey, buffer of 500 feet will be established around the tree. No construction activity may occur within this buffer area until a biologist determines that the fledglings are independent of the nest. • Clearing or grubbing proposed from August 15 through January 31 of any year shall not be subject to these mitigation measures. MM IV-6 MBTA Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 8 • If vegetation removal is conducted during breeding season (February 1 to August 15), a nest survey shall be conducted by a qualified biologist no longer than a week prior to any vegetation removal to determine if any nests are present. • If an active nest is discovered during the survey, buffer as determined by a qualified biologist will be established around the nest until the young are independent of the nest site. No construction activity may occur within this buffer area until a biologist determines that the fledglings are independent of the nest. • Clearing or grubbing proposed from August 15 through January 31 of any year shall not be subject to these mitigation measures. MM V1-7 Jurisdictional Waters • Impacts to USACE and RWQCB waters will be mitigated at a ratio of 3 to 1 for permanent impacts and 1 to 1 for temporary impacts. Impacts to CDFW waters will be mitigated at a ration 3 to 1 with the exception of the East Palm Canyon Channel and crest bush scrub that will be mitigated at 1 to 1 due to the lower tree density in these areas. The total mitigation proposed for impacts to jurisdictional waters is 3.317 acres including 3.01 acres of catcalls acacia thorn scrub and 0.312 acres of crest bush scrub resource agencies. Mitigation for jurisdictional impacts includes impacts to 3.01 acres of catclaw acacia thorn scrub. MM V1-8 Agua Caliente Tribal Habitat Conservation Plan • Prior to the issuance of grading and building permits, the project proponent shall pay the most current Valley Floor Conservation Area mitigation fee to the Agua Caliente Band of Cahuilla Indians. • Do not plant wildlife-poisoning oleander plants within the project boundaries. • Direct all project lighting downward so that it does not interfere with the nocturnal activities of animals living within the adjacent Santa Rosa Mountains. CULTURAL RESOURCES: MM V-1 If buried materials are discovered during any earth-moving operations associated with the project, all work in the area should be halted or diverted until a qualified archaeologist can evaluate the nature and significance of the finds. MM V-2 An Approved Cultural Resources Monitor(r), as indicated by the Agua Caliente Tribal Historic Preservation Office, shall be present during any survey and/or ground disturbing activities. MM V-3 Should cultural resources be encountered during site construction in any portion of the site, work shall immediately Resolution No.24265.24266,24267,and 24268 Conditions of Approval Page 9 cease a qualified archaeologist shall be contacted to evaluate the significance of the materials. Any significant findings shall be documented and presented to the State Historic Preservation Office (SHPO), Bureau of Indian Affairs (B1A), the Agua Caliente Band of Cahuilla Indians and the City, and shall be resolved to their satisfaction. MM V-4 Copies of any cultural resources documentation generated in connection with this project shall be given to the Agua Caliente Cultural Register. GEOLOGYAND SOILS: MM VI 9 Reeelmpaetion of native 6098 ShageGGur- all building nano v1_2 Existing surfaee segs sha4 be ever-exc-abated to a m43imum of 4 feet below ex4sUng grade eF a Fnk?imum ef 3 feet belew the footing level whichever is /elArer MM V4 3 C rioting sNffase-soils shag be ever-exc�ated feet beyond evterier footings. G9FIdWGRed and Fe GeFnpaGted to at least 0 Anon W o Basement foundation areas s4ag be over.excavate of 2 feet below the feoMg level. MILq VI 6 The lateral extent of the basement subgFade preparation .,ha4l extend for a P4.n;.Fnu 2 feet beyond the outer- edge of exter4eF feetinn Note: Mitigation Measures MM VI-1 to VI-6 apply only to basement conditions, which are not contemplated under this application. A corresponding deletion shall be made to the Initial Study. This does not constitute a significant change to the Project. MM V1-7 Native soil utilized, as engineered fill shall be free of deleterious and organic matter and free of rocks larger than 6 inches. MM VI-8 Imported fill materials shall be non-expansive, granular soils meeting USCS classifications SM, SP-SM or SW-SM with a maximum rick size of 3 inches and 5 to 35% passing the No. 200 sieve. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 10 MM VI-9 The Soil Engineer shall be contacted 48 hours in advance of importing soil to allow for evaluation of imported materials. Approval by the Soil Engineer will be based upon material delivered to the site and not the preliminary evaluation of import sources. HYDROLOGYAND WATER QUALITY: MM VIII-1 Prior to approval of a grading plan, the project proponent shall submit to the City Engineer for review and approval a hydrology study determining the volume of increased stormwater runoff due to development of the site and determining required stormwater runoff mitigation measures for the proposed development. Appropriate measures (on-site storm drainage improvements and on-site retention system) shall be included in the design of the site, as required by the City Engineer. MM V/ll-2 Prior to the issuance of any permit (grubbing, grading or building) on the site, the project proponent shall comply with the city's flood damage prevention ordinance and obtain city and FEMA approvals for development of the site within the 100 year floodplain causing any increase in flooding upstream or downstream of the site. No building permits can be issued for new homes until completion of all grading and drainage improvements identified on the CLOMR and submittal of as- built documentation and analysis to FEMA and their issuance of a final LOMR. NOISE: MMXI-1 During all project site excavation and grading on-site, construction contractors shall equip all construction equipment, fixed or mobile, with properly operating and maintained mufflers, consistent with manufacturer standards. The contractor shall place all stationary construction equipment so that emitted noise is directed away from the noise sensitive receptors nearest the project site. MMXI-2 The contractor shall locate equipment staging in areas that will create the greatest distance between construction-related noise/vibration sources and sensitive receptors nearest the project site during all project construction. MM XI-3 The project proponent shall mandate that the construction contractor prohibit the use of music or sound amplification on the project site during construction. MMXI-4 A six foot perimeter wall shall be installed along the property line of all residential lots occurring adjacent to Palm Canyon Drive. The wall shall be of solid construction, with no gaps or holes. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 11 ENV 4. Reimburse City for Monitoring Expenses. 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 developer's operations and activities for compliance with all applicable mitigation measures. 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. PLANNING DEPARTMENT CONDITIONS PLN 1. Submittal of Final PDD. The Final Planned Development plans shall be submitted in accordance with Section 94.03.00 (Planned Development District) of the Zoning Ordinance. Final development plans shall include site plans, building elevations, floor plans, roof plans, grading plans, landscape plans, irrigation plans, exterior lighting plans, sign program, mitigation monitoring program, site cross sections, property development standards and other such documents as required by the Planning Commission and Planning Department. Final Planned Development District applications must be submitted within two (2) years of the City Council approval of the preliminary planned development district. PLN 2. Sign Applications Required. No signs are approved by this action. Separate approval and permits shall be required for all signs in accordance with Zoning Ordinance Section 93.20.00. PLN 3. 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. Manufacturers 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 4. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00 and Chapter 11.06) of the Palm Springs Municipal Code and all other relevant 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 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 City's Water Efficient Landscape Ordinances. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 12 PLN 5. Flat Roof Requirements. Roof materials on flat roofs (less than 2:12) must conform to California Title 24 thermal standards for "Cool Roofs". Such roofs must have a minimum initial thermal emittance of 0.75 or a minimum SRI of 64 and a three-year aged solar reflectance of 0.55 or greater. Only matte (non-specular) roofing is allowed in colors such as beige or tan. PLN 6. Maintenance of Awnings & Proiections. All awnings shall be maintained and periodically cleaned. PLN 7. 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 8. 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 9. Pool Enclosure Approval Required. Details of fencing or walls around pools (material and color) and pool equipment areas shall be submitted for approval by the Planning Department prior to issuance of Building Permits. PLN 10. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 11. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 12. No off-site Parking. Vehicles associated with the operation of the proposed development including company vehicles or employee vehicles shall not be permitted to park off the proposed building site unless a parking management plan has been approved. PLN 13. Bicycle Parking. The project shall be required to provide secure bicycle parking facilities in the Sculpture Garden area for use by residents and visitors. Location and design shall be approved by the Director of Planning. PLN 14. Update of City's Zoning Map. Upon approval of the proposed Change of Zone, Tract Map and/or Planned Development District, the applicant shall be responsible for costs associated with update of the City's GIS based zoning maps. PLN 15. Provide 'smart controllers' for all irrigation systems. PLN 16. Development Standards. The following development standards shall apply to PD 381. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 13 Development Stand_and PD-381s Min. Lot Size 4,003 Square Feet Min. Setbacks (Interior) •Front— Residence 5 Feet •Front— Garage 18 Feet •Front— Garage (Lots 1, 35, 39, 40, 47, 48) 5 Feet •Side 5 Feet •Rear 5 Feet Min. Setbacks (Perimeter) 25 Feet Max. Lot Coverage 50% Distance Between Buildings 10 Feet Max. Building Height 24 Feet Min. Outdoor Space 550 Square Feet Any accessory structures not anticipated as part of this planned development district application may be permitted in accordance with the requirements of the R-1-D zoning district. PLN 17. Vehicular Gates. Vehicular gates shall not be permitted pursuant to General Plan policy CD 14.6. (Added by the City Council on July 5, 2017) PLN 18. Pedestrian Connectivity. Provide additional pedestrian connection(s) to the public sidewalks at the perimeter of the site where feasible. (Added by the City Council on July 5, 2017) PLN 19. Driveway Length. Driveway length shall either be a minimum of 18 feet, or a maximum of five feet for Lots 1, 35, 39, 40, 47, and 48. PLN 20. Building Separation. There shall be a minimum of fifteen (15) feet of separation between the second floors of a building to an adjacent second floor of a building. (Modified by the City Council on July 5, 2017) PLN 21. Touching Canopy of Trees. The developer shall plantlinstall touching canopy of trees surrounding the development allowing walkability. (Added by the City Council on July 5, 2017) PLN 22. Solar Requirement. Residential buildings shall be wired for solar installations providing a minimum of 2,000 kilowatts. PLN 23. Minimum 30-Day Rental. The CC&R's shall restrict short-term rental to a minimum of thirty (30) days. (Added by the City Council on July 5, 2017) PLN 24. Wall Articulation. The applicant shall add articulations to the walls along East Palm Canyon Drive subject to the review of a subcommittee of Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 14 Councilmembers Chris Mills and JR Roberts. (Added by the City Council on July 5, 2017) POLICE DEPARTMENT CONDITIONS POL 1. Developer shall comply with Section II of Chapter 8.04 "Building Security Codes" of the Palm Springs Municipal Code. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on-site, all appropriate permits must be secured. ENGINEERING DEPARTMENT CONDITIONS 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. Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer. All Grading Plans, Improvement Plans, Required Studies and Documents listed below, must be submitted to Public Works and Engineering Department for review and approval. STREETS ENG 1. The City Council approves 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. AppliraRt shall obtain State permits and approval of le S f all * r w ra....uw awNN.vYw v�-Pru done on State Highway ! I!. A cepJGfafl appFeved Caltans earreanhment permit shall he provided to the City C 4 the ....,vc� r�-.....a shall v.. L/.VY,4la4 av u..., v.c Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 15 nglneer. GGRditi9RS indiGIQ+ed herein r 1Ia+ dz+o-c QT+ Palm Ganyen Drove (State Highway 111) are GUbj ,e+ + Ghange aGGGrdanGe with GaltraRG C 'Mans anther an Cnereaehnme + Permit issued h ( aMr to the. appliean+ fer eenetFLIGtien of imnNrevem + al East Palm GanyoR DFive NF' (State Highway 111) ENG 4. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Division. The plans shall be approved by the City Engineer prior to issuance of any building permits. ENG 5. Abandonment of right-of-way is required to facilitate the proposed development application. Right-of-way abandonment for a portion of Matthew Drive (transitioning from existing 44 feet of right-of-way to 22 feet of right-of-way) shall be reviewed and approved by the City Engineer. Right-of-way abandonment for the easterly 23 feet of Linden Way (preserving necessary right-of-way for a standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road) shall be reviewed and approved by the City Engineer. Approved right-of-way abandonment shall be acknowledged on the Final Map in accordance with Subdivision Map Act Section 66434(g). Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public rights-of-way to be abandoned. ENG 6. The applicant shall be required to construct asphalt concrete paving for streets in two separate lifts. The final lift of asphalt concrete pavement shall be postponed until such time that on-site construction activities are complete, as may be determined by the City Engineer. Paving of streets in one lift prior to completion of on-site construction will not be allowed, unless prior authorization has been obtained from the City Engineer. Completion of asphalt concrete paving for streets prior to completion of on-site construction activities, if authorized by the City Engineer, will require additional paving requirements prior to acceptance of the street improvements, including, but not limited to: removal and replacement of damaged asphalt concrete pavement, overlay, slurry seal, or other repairs, as required by the City Engineer. ENG 7. The public street improvements outlined in these conditions of approval are intended to convey to the applicant an accurate scope of required improvements, however, the City Engineer reserves the right to require additional improvements as may be determined in the course of the review and approval of street improvement plans required by these conditions. Resolution No. 24265, 24266,24267,and 24268 Conditions of Approval Page 16 EAST PALM CANYON DRIVE (STATE HIGHWAY 111) ENG 8. Dedicate additional right-of-way to accommodate the ultimate width of 50' feet along the East Palm Canyon Drive frontage, including a property line - corner cut back at the southwest corner of East Palm Canyon Drive and Gene Autry Trail in accordance with City of Palm Springs Standard Drawing No. 105. ENG 9. Remove the existing 8 inch curb and gutter along the entire frontage, and construct an 8 inch curb and gutter, located a minimum of 38 feet south of centerline in accordance with City of Palm Springs Standard Drawing No. 200. "Deferred' ENG 10. Remove and reconstruct the existing curb return, spandrel and cross- gutter at the southwest corner of the East Palm Canyon Drive and Gene Autry Trail intersection as necessary to accommodate widening of East Palm Canyon Drive. If necessary, remove and reconstruct the entire cross-gutter extending to the southeast corner of the East Palm Canyon Drive and Gene Autry Trail intersection as required by the City Engineer. "Deferred' ENG 11. Construct a 12 feet wide combination sidewalk and bicycle path along the entire frontage extending to Linden Way. The construction shall be with colored Portland cement concrete, with an admixture of Palm Springs Tan, Desert Sand, or approved equal color by the Engineering Division. ENG 12. Construct a minimum 14-feet wide landscaped median island across the entire frontage from Linden Way to Gene Autry Trail/Matthew Drive. Provide a 375 feet long eastbound left turn pocket at Gene Autry Trail/Matthew Drive, with a 150 feet long bay taper. The left turn pocket shall be designed in accordance with Section 405 of the current edition of the Caltrans Highway Design Manual, as approved by the City Engineer. "Deferrer!' ENG 13. Submit landscaping and irrigation system improvement plans for the proposed median for review and approval by the City Engineer. 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 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. "Deferred' ENG 14. 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 Resolution No.24265,24266,24267,and 24268 conditions of Approval Page 17 similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. "Deferred' ENG 15. 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 and 340. 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' MATTHEW DRIVE ENG 16. Dedicate a half street right-of-way of 22 feet along the frontage where necessary. ENG 17. The existing street improvements extending south of Gene Autry Trail shall be protected in place to the extent that an appropriate transition of curb and gutter from 32 feet west of centerline to 25 feet west of centerline is approved by the City Engineer. ENG 18. Construct a 6 inch curb and gutter located 20 feet from centerline along the entire frontage, with a 25 feet radius curb return and spandrel at the northeast corner of the intersection of Matthew Drive and Linden Way in accordance with City of Palm Springs Standard Drawing No. 200 and 206. ENG 19. Remove and reconstruct the existing curb return, spandrel and cross- gutter at the northwest corner of the intersection of Matthew Drive and Linden Way as necessary to align the cross-gutter flowline. ENG 20. Construct a 50 feet wide Main Entry driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located approximately 435 feet south of the centerline of East Palm Canyon Drive. ENG 21. The gated en#F, is s h rcv to t # review and a I by the Git Engill , and Fire Marshall. The appliGant shall pinevide aR exhibit shewil;lg tFUC* turning mGVGFAeRt d the eRtF dernenstFating the ability of stand to eRter the-pre}est A minimum of 50fe}�;all be pfevided between the Resolution No.24265,24266, 24267,and 24268 Conditions of Approval Page 18 baek—ef sidewalk an the adjaseRt stFeet afld—the—gated e" between the direetGP,4GG +trelpanel and the entry gates. The ORgress and a u cccv� �co,, lanes s egr�s� ,a„�� shall be a minimum of 29 feet ,„de, a,,;ess ethepNise appr-eved by the Fire Marshall. An eptiGGM Ar ema, stem (or approved equal) for autemat,G vrvrwtiOR by emergenGy vehiGles, with unintei:FupLed power supply (battery baEk up), shall he installed f the en+ at meeting the approval of the Ciro Marshall V�,,,� �„V uIJ+l,VYV, VI 11,V T �L-i P�F1 JIfLf1"!: ENG 22. Construct a Type A curb ramp meeting current California State Accessibility standards on each side of the driveway approach in accordance with City of Palm Springs Standard Drawing No. 212. The applicant shall ensure that an appropriate path of travel, meeting ADA guidelines, is provided across the driveway, and shall adjust the location of the access ramps, if necessary, to meet ADA guidelines, subject to the approval of the City Engineer and ADA Coordinator. If necessary, additional pedestrian and sidewalk easements shall be provided on-site to construct a path of travel meeting ADA guidelines. ENG 23. Construct a 24 feet wide driveway approach for emergency purposes and resident egress in accordance with City of Palm Springs Standard Drawing No. 201. The centerline of the driveway approach shall be located approximately 170 feet east of the centerline of Linden Way. ENG 24. Construct a 5 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. ENG 25. Construct a Type A curb ramp meeting current California State Accessibility standards at the northeast corner of the intersection of Matthew Drive and Linden Way in accordance with City of Palm Springs Standard Drawing No. 212. ENG 26. Construct pavement with a minimum pavement section of 3 inches asphalt concrete pavement over 6 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110 and 310. 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. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 19 LINDEN WAY ENG 27. Construct a full standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 104. ENG 28. Construct a 6 inch curb and gutter, 18 feet east of centerline along the entire frontage and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 200. ENG 29. Construct a 5 feet wide sidewalk behind the curb along the entire frontage and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road, in accordance with City of Palm Springs Standard Drawing No. 210. ENG 30. Construct pavement with a minimum pavement section of 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal, from edge of proposed gutter to centerline along the entire frontage, and throughout the standard street knuckle at the intersection of Linden Way and the East Palm Canyon Drive frontage road in accordance with City of Palm Springs Standard Drawing No. 110 and 300. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ON-SITE ENG 31. All on-site streets shall be two-way with a minimum 24 feet wide travelway where no on-street parking is proposed. ENG 32. All on-site private street entrance shall be two-way with a minimum 36 feet wide travelway (as measured from face of curb) where No on-street parking is proposed. ENG 33. All on-site private streets shall be two-way with a minimum 32 feet wide travelway (as measured from face of curb) where on-street parking is proposed on one side of the street. ENG 34. On-site streets shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards. Resolution No.24265,24266, 24267,and 24268 Conditions of Approval Page 20 ENG 35. The minimum pavement section for all on-site asphalt concrete pavement shall be 2'/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. SANITARY SEWER ENG 36. All sanitary facilities shall be connected to the public sewer system. New laterals shall not be connected at manholes. ENG 37. If an on-site private sewer system is proposed to collect sewage from the development and connect to the existing public sewer system, sewer plans shall be submitted to the Engineering Division for review and approval. Private on-site sewer mains for residential projects shall conform to City sewer design standards, including construction of 8 inch V.C.P. sewer main and standard sewer manholes. Sewer manhole covers shall be identified as "Private Sewer'. A profile view of the on-site private sewer mains is not necessary if sufficient invert information is provided in the plan view, including elevations with conflicting utility lines. Plans for sewers other than the private on-site sewer mains, i.e. building sewers and laterals from the buildings to the on-site private sewer mains, are subject to separate review and approval by the Building Division. GRADING ENG 38. 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 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 have completed the required training. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 21 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 http://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 Services Department prior to approval of the Grading plan. 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; a copy of the associated Hydrology Study/Report and a copy of the project-specific Final Water Quality Management Plan. ENG 39. 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- THPO(a-)aguacaliente.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 40. In accordance with an approved PM-10 Dust Control Plan, perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. ENG 41. 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 42. 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. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 22 ENG 43. The applicant shall obtain all required environmental permits (i.e. Section 401 Water Quality Certification, Section 404 Permit, and Section 1602 Streambed Alteration Agreement) required for construction within the Jurisdictional Waters of the U.S. The applicant shall provide copies of required permits prior to approval of grading plans. Alternatively, the applicant shall provide a copy of a determination from the U.S. Army Corps of Engineers that the project does not impact waters of the U.S., and a letter from the California Department of Fish and Wildlife authorizing construction of the project without an agreement. ENG 44. Prior to issuance of grading permit, the applicant shall provide verification to the City that the fee has been paid to the Agua Caliente Band of Cahuilla Indians in accordance with the Tribal Habitat Conservation Plan (THCP). ENG 45. Drainage swales shall be provided adjacent to all curbs and sidewalks to keep nuisance water from entering the public streets, roadways, or gutters. ENG 46. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan to the Engineering Division prior to construction of any building foundation. ENG 47. A Notice of Intent to Comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) s 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 number shall be provided to the City Engineer prior to issuance of a grading permit. ENG 48. Projects causing soil disturbance of one acre or more, must comply with the General Permit for Stormwater Discharges Associated with Construction Activity, and shall prepare and implement a stormwater pollution prevention plan (SWPPP). As of September 4, 2012, all SWPPPs shall include a post-construction management plan (including Best Management Practices) in accordance with the current Construction General Permit. The project applicant shall cause the approved final project-specific Water Quality Management Plan (if required) to be incorporated by reference or attached to the project's SWPPP as the Post- Construction Management Plan._A copy of the up-to-date SWPPP shall be kept at the project site and be available for review upon request. ENG 49. 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 Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 23 dollars ($2,000.00) per disturbed acre at the time of issuance of grading permit for mitigation measures for erosion/blowsand relating to this property and development. ENG 50. At the time of issuance of Grading Permit, the applicant shall post with the City a cash bond of $40,000.00 which will guarantee that in the event that no work occurs on the site or any portion thereof, for a period of time of 6 months or more, that the construction fencing will be removed and that any vacant, graded, or disturbed area of the site will be restored to the original topography of the site, glued, or hydroseeded, and that such gluing or hydroseeding shall be maintained. ENG 51. A GeotechnicaUSoils 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. ENG 52. The applicant shall provide all necessary geotechnical/soils inspections and testing in accordance with the GeotechnicaUSoils Report prepared for the project. All backfill, compaction, and other earthwork shown on the approved grading plan shall be certified by a California registered geotechnical or civil engineer, certifying that all grading was performed in accordance with the Geotechnical/Soils Report prepared for the project. Documentation of all compaction and other soils testing are to be provided. No certificate of occupancy will be issued until the required certification is provided to the City Engineer. ENG 53. 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 54. This project shall 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 Resolution No,24265,24266,24267,and 24268 Conditions of Approval Page 24 Water Quality Control Board (RWQCB). The applicant is advised that installation of BMP's, including mechanical or other means for pre-treating contaminated stormwater and non-stormwater runoff, shall 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 contaminated stormwater and non-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. 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). ENG 55. 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 the site. Direct release of nuisance water to the adjacent property (or public streets) is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. ENG 56. Prior to final City approvals the applicant shall: (a) demonstrate that all structural BMP's have been constructed and installed in conformance with approved plans and specifications; (b) demonstrate that applicant is prepared to implement all non-structural BMP's included in the approved Final Project- Specific WQMP, conditions of approval, or grading/building permit conditions; and (c) demonstrate that an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG 57. This property is located within a special flood hazard area (SFHA), and is subject to the provisions of Chapter 8.68 et. seq. ("Flood Damage Prevention") of the Palm Springs Municipal Code, and applicable state and federal laws and regulations. Specifically, this property is located within a designated SFHA identified by Zone AO (Depth = 2 feet) as shown on the current Federal Insurance Rate Map (FIRM) for the City of Palm Springs, California, Riverside County, Community Panel Number 06065C1586G, dated August 28, 2008. The applicant shall comply with all applicable local, state and federal laws and regulations associated with development occurring within a SFHA. Accordingly, the following requirements apply: a. In accordance with Chapter 8.68.190(A)1 of the Palm Springs Zoning Municipal Code, the Vesting Tentative Tract Map shall be revised to identify Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 25 the Special Flood Hazard Area(s) (SFHA's) and the elevations of the base flood (BFE's). The final conformed copy of the approved Vesting Tentative Tract Map shall include the required information, including delineation of SFHA's and identification of associated BFE's. b. In accordance with Chapter 8.68.150 of the Palm Springs Municipal Code, at a minimum, the following items shall be submitted to the City by the applicant before construction or other development begins within any Special Flood Hazard Area (SFHA plans in triplicate drawn to scale showing the location, dimensions, and elevation of the area in question, existing or proposed structures, storage of materials and equipment and their location, proposed locations of water supply, sanitary sewer, and other utilities; grading information showing existing and proposed contours, any proposed fill, and drainage facilities. The submittals shall be subject to review and approval by the City Engineer. Specifically, the following information is also required: i. Proposed elevation in relation to mean sea level of the lowest floor (including basement) of all proposed residential structures as required by Chapter 8.68.170(c)(1) of the Palm Springs Municipal Code. ii. Proposed elevation in relation to mean sea level to which any nonresidential structures will be floodproofed, as required in Chapter 8.68.170(c)(2) of the Palm Springs Municipal Code and detailed in FEMA Technical Bulletin TB 3-93. iii. All appropriate certifications listed in Chapter 8.68.140(e) of the Palm Springs Municipal Code. iv. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development. v. Base Flood Elevation (Base Flood Elevation (BFE) information as specified in Chapter 8.68.070 of Section 8.68.140(C)(2) of the Palm Springs Municipal Code; vi. Certification from a registered civil engineer or architect that the nonresidential floodproofed building meets the floodprone criteria in Chapter 8.68.170 (c)(2) of the Palm Springs Municipal Code. vii. For a crawl space foundation, location, and total net area of foundation openings as required in Chapter 8.68.170(c)(3) of the Palm Springs Municipal Code and detailed in FEMA, Technical Bulletins 1-93 through 1-93 and 7-93. c. The applicant shall provide the Building Department with the elevation of the lowest floor (including basement). The elevation certification shall be Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 26 done, on a form acceptable to FEMA, by a registered professional civil engineer or surveyor. d. In accordance with Chapter 8.68.140(A)5 and Chapter 8.68.140(D)2(b) of the Palm Springs Municipal Code and 44 CFR 60.3(d)(4), the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Conditional Letter of Map Revision (CLOMR). A complete application for the CLOMR, including all appropriate technical studies and hydraulic analyses, and payment of required FEMA application fees, shall be submitted is and approved by FEMA, prior to approval of a grading plan and storm drain plan and issuance of grading permit. Final City approvals associated with this project, including approval of a Grading Plan for any portion of this property, the approval of the storm drain plan, or approval of a Final Map, will not be given by the City, until approval of the applicant's CLOMR application to FEMA is provided to the City by evidence of a CLOMR issued by FEMA. e. Within six months of information becoming available, the applicant shall be required to submit an application to the Federal Emergency Management Agency (FEMA) for FEMA's issuance of a Letter of Map Revision (LOMR) 1n in accordance with Chapter 8.68.140(A)5 and Chapter 8.68.140(D)2(b) of the Palm Springs Municipal Code and 44 CFR 60.3(d)(4), A complete application for the LOMR, including all appropriate technical studies and hydraulic analyses, record drawings ("as-built's"), topographic surveying, and payment of required FEMA application fees, shall be submitted and approved by FEMA, prior to issuance of a Building Permit. A Building Permit for construction of any building on this property currently located within a special flood hazard area will not be issued until the City receives final approval of the applicant's LOMR application to FEMA by evidence of a LOMR issued by FEMA. ENG 58. Submit storm drain improvement plans for all on-site storm drainage system facilities for review and approval by the City Engineer. ENG 59. Construct storm drain improvements, including but not limited to catch basins, and storm drain lines, for drainage of on-site streets into the on- site retention basins, as described in a Final Hydrology Study for the project. The Final Hydrology study for Vesting Tentative Tract Map 36969 shall include catch basin sizing, storm drain pipe sizing, and retention basin sizing calculations and other specifications for construction of required on-site storm drainage improvements. ENG 60. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on- site storm drain systems acceptable to the City Engineer shall be included Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 27 in Covenants, Conditions and Restrictions (CC&R's) required for this project. ENG 61. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $7,522.00 per acre per Resolution No. 15189. GENERAL ENG 62. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. ENG 63. All proposed utility lines shall be installed underground. ENG 64. 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 north 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. "Deferred" ENG 65. The record property owner 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 Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 28 notarized by the property owner and submitted to the City Engineer prior to issuance of a grading 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 66. 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. ENG 67. 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. ENG 68. The original improvement plans prepared for the proposed development and approved by the City Engineer shall be documented with record drawing "as-built" information and returned to the Engineering Division prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 69. Nothing shall be constructed or planted in the corner cut-off area of any intersection or driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 70. 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. MAP ENG 71. The developer shall apply for an annexation to the City of Palm Springs Community Facilities District established for public safety services and submit required applications, waivers, and consent forms to the annexation prior to approval of a final map. Payment of an annexation fee ($7,500) and shall be made at the time of the application. ENG 72. A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for Resolution No.24265,24266,24267,and 24266 Conditions of Approval Page 29 the subject property, the traverse closures for the existing parcel and all lots created therefore, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. ENG 73. A copy of draft Covenants, Conditions and Restrictions (CC&R's) shall be submitted to the City Attorney for review and approval for any restrictions related to the Engineering Division's recommendations. The CC&R's shall be approved by the City Attorney prior to approval of the Final Map. ENG 74. Upon approval of a final map, the final map shall be provided to the City in G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission" from the Riverside County Transportation and Land Management Agency." G.I.S. digital information shall consist of the following data: California Coordinate System, CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines, rights-of-way, and centerlines shown as continuous lines; full map annotation consistent with annotation shown on the map; map number; and map file name. G.I.S. data format shall be provided on a CDROM/DVD containing the following: ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00), DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. ENG 75. In accordance with Section 66434 (g) of the Government Code, approved portions of right-of-way for Matthew Drive and Linden Way may be abandoned upon the filing of a Final Map identifying the abandonment of the right-of-way granted to the City of Palm Springs. Prior to approval of a Final Map, the applicant shall coordinate with each public utility company and determine specific requirements as to the abandonment and/or relocation of existing underground utilities that may exist within the public right-of-way to be abandoned. Prior to approval of a Final Map, the applicant shall provide to the City Engineer a letter of approval regarding the proposed abandonment of rights-of-way over Matthew Drive and Linden Way from each public utility agency. ENG 76. Acceptance of public improvements required of this development shall be completed by resolution of the City Council to release the faithful performance bond and acceptance of replacement maintenance bond to be held for one year. An inspection will be performed nine months after said acceptance as part of the notice of completion process, a notice of completion will be filed certifying the improvements are complete. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 30 TRAFFIC ENG 77. Install a 24 inch stop sign, stop bar, and "STOP" legend for traffic exiting the project site at both site access points, in accordance with City of Palm Springs Standard Drawing No. 620 through 625 and the California Manual on Uniform Traffic Control Devices for Streets and Highways, dated January 13, 2012, or subsequent editions in force at the time of construction, as required by the City Engineer. ENG 78. Relocate and modify the existing traffic signal poles, conduit, pull boxes and all appurtenances located on the southwest corner of East Palm Canyon Drive (State Highway 111) and Gene Autry Trail/Matthew Drive, in accordance with the requirements of the City of Palm Springs and Caltrans. The applicant shall submit traffic signal modification plans prepared by a California registered civil engineer or traffic engineer for review and approval by Caltrans. The traffic signal shall be relocated in conjunction with the widening of East Palm Canyon Drive, and prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. "Deferred" ENG 79. Install traffic striping, signage and markings on East Palm Canyon Drive and Matthew Drive as required in conjunction with the widening of the streets. Submit traffic striping and signage plans, prepared by a California registered civil engineer, for review and approval by the City Engineer. Required traffic striping and signage improvements shall be completed in conjunction with required street improvements, to the satisfaction of the City Engineer, prior to issuance of a certificate of occupancy, unless otherwise allowed by the City Engineer. "Deferred" ENG 80. A minimum of 48 inches of clearance for handicap accessibility shall be provided on public sidewalks or pedestrian paths of travel within the development. Minimum clearance on public sidewalks shall be provided by either an additional dedication of a sidewalk easement (if necessary) and widening of the sidewalk, or by the relocation of any obstructions within the public sidewalk along the street frontages of the subject property. ENG 81. 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 82. 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' Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 31 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 83. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. FIRE DEPARTMENT CONDITIONS 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 1 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. Conditions are subject to final plan check and review. Initial Fire Department conditions have been determined from the plans stamped received March 27, 2017. Additional requirements may be required at that time based on revisions to site plans. FID 2 Fire Department Conditions were based on the 2013 California Fire Code as adopted by City of Palm Springs, Palm Springs Municipal Code 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 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. Resolution No.24265,24266,24267, and 24268 Conditions of Approval Page 32 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 indicate all necessary engineering features, including all hydraulic reference nodes, pipe lengths and pipe diameters as required by the appropriate codes and standards. Plans and supportive data (calculations and manufacturer's technical data sheets) 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. Fire Lane Marking (CFC 503.3): Where required by the fire code official, approved signs or other approved notices or markings that include the words NO PARKING—FIRE LANE shall be provided for fire apparatus access roads to identify such roads or prohibit the obstruction thereof. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. 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. Project Note: Minimum road width with parking on both sides = 40 feet Project Note: Minimum road width with parking on one side = 32 feet Project Note: Minimum road width with no parking on either side = 24 feet Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 33 FID 6 Additional Access (CFC 503.1.2): The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. 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 Security Gates (CFC 503.6): The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. Secured automated vehicle gates or entries shall utilize a combination of a Tomar StrobeswitchTM, or approved equal, and an approved Knox key electric switch. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F 2200 and an approved Knox key electric switch. Approved security gates shall be a minimum of 14 feet in unobstructed drive width on each side with gate in open position. In the event of a power failure, the gates shall be defaulted or automatically transferred to a fail safe mode allowing the gate to be pushed open without the use of special knowledge or any equipment. If a two-gate system is used, the override switch must open both gates. If there is no sensing device that will automatically open the gates for exiting, a fire department approved Knox electrical override switch shall be placed on each side of the gate in an approved location. A final field inspection by the fire code official or an authorized representative is required before electronically controlled gates may become operative. Prior to final inspection, electronic gates shall remain in a locked-open position. Project Note: All gates within the project shall be equipped with bi-directional Tomar StrobeswitchTM, or equal, opening devices FID 10 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. Resolution No.24265,24266,24267,and 24268 Conditions of Approval Page 34 FID 11 Operational Fire Hydrant(s) (CFC 507.1, 507.5 & 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 12 NFPA 13D 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 13D, 2013 Edition, as modified by local ordinance. • Shall comply with Palm Springs Fire Code Appendix L FID 15 Residential Smoke and Carbon Monoxide Alarms Installation (CFC 907.2.11.21314; 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. END OF CONDITIONS