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HomeMy WebLinkAbout24193 RESOLUTION NO. 24193 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE 5.1404 CUP, A CONDITIONAL USE PERMIT (CUP) TO ALLOW AN EIGHT (8) UNIT BOUTIQUE HOTEL TO CONTAIN KITCHENS LOCATED AT 275 EAST TAMARISK ROAD. THE CITY COUNCIL FINDS AND DETERMINES AS FOLLOWS: A. Sunlight Peak, LLC, ("Applicant') has filed a Conditional Use Permit application with the City pursuant to Sections 94.02.00 and 92.02.01(C)(7) of the Zoning Code to allow a hotel with more than 10% of the guest rooms containing kitchens at Epic Hotel located at 275 East Tamarisk Road, Zone R-3, Section 11, APN: 507-181- 002 (Case 5.1404 CUP). B. A hotel with guest units containing kitchen facilities in more than 10% of the rooms is permitted in the R-3 (Medium Density Residential) Zone with the approval of a Conditional Use Permit, pursuant to Section 92.02.01(C)(7) of the Zoning Code. C. A notice of public hearing of the Planning Commission of the City of Palm Springs, California to consider the above-mentioned application was given in accordance with applicable law, and on January 11 , 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 7-0 to approve the Project with conditions. D. On Monday 6, 2017, a timely Notice of Review was submitted to the City Clerk requesting City Council a review of the Planning Commission decision relative to Case 5.1404 CUP according to Section 2.06.030 of the Municipal Code. E. Notice of public hearing of the City Council of the City of Palm Springs California to consider Case 5.1404 CUP was given in accordance with applicable law, and on March 1, 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 staff report, and all written and oral testimony presented and voted 5-0 to approve the Project with conditions. F. The proposed project is considered a "project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines. Resolution No. 24193 Page 2 G. Section 94.02.00(B)(6) of the Palm Springs Zoning Code requires the City Council to not approve a Conditional Use Permit unless it finds as follows: 1) That the use applied for at the location set forth in the application is properly one for which a conditional use permit is authorized by this Zoning Code. Section 92.02.01(C)(7) of the Palm Springs Zoning Code (PSZC) allows hotels which more than ten (10%) percent of the guest rooms contain kitchen facilities within the R-2 zone with the approval of a CUP. The existing structure is a nine (9) unit apartment complex that will be renovated into an eight (8) unit boutique hotel with kitchens. The approval of the CUP will allow the use to comply with the PSZC. 2) That the use is necessary or desirable for the development of the community, is in harmony with the various elements of objectives of the general plan, and is not detrimental to existing uses or to future uses specifically permitted in the zone in which the proposed use is to be located. The approval of the CUP to allow eight (8) units with kitchens will permit the business to operate as a boutique hotel. The presence of kitchens in the rooms will provide casual cooking facilities for a short or long term visitor. The conversion of a 1950's apartment complex to hotel located in the R-3 zone with a General Plan Land Use Designation of High Density Residential conforms to all applicable development standards. Adjacent properties to the west and south are similar commercial businesses and the renovation of the proposed project will reduce the overall unit count. The new hotel is not anticipated to be detrimental to existing uses or future uses specifically permitted in the R-3 zone. 3) That the site for the intended use is adequate in size and shape to accommodate such use, including yards, setbacks, walls or fences, landscaping, and other features required in order to adjust such use to those existing or permitted future uses of land in the neighborhood. The renovation of an existing apartment complex to a new boutique hotel will meet the development standards of the R-3 zone. The existing foot print of the structure will not be altered and the density of the site will be reduced with the elimination of one unit. Changes to the property include the relocation of a pool, the construction of internal patio walls, and the reconstruction of the existing front property wall separating the parking area and the internal courtyard. The project as presented with the proposed improvements will meet this finding, therefore, the site is adequate in size and shape to accommodate the proposed use. 4) That the site for the proposed use relates to streets and highways properly designed and improved to carry the type and quantity of traffic to be generated by the proposed use. Resolution No. 24193 Page 3 The project site is located within 140 feet of North Indian Canyon Drive which is a Major Thoroughfare in the General Plan Circulation Element, and has direct access from East Tamarisk Road. Off-street parking for the project consists of nine (9) bay parking spaces located at the front of the subject property. The renovated hotel will reduce the overall number of guest units to eight (8) and any traffic generated by the proposed use will be insignificant to the streets and highways. 5) That the conditions to be imposed and shown on the approved site plan are deemed necessary to protect the public health, safety and general welfare and may include minor modification of the zone's property development standards. The proposal is to renovate an existing apartment complex into an eight (8) unit boutique hotel with kitchens. Conditions of Approval have been included in the attached Exhibit A to ensure that the use operates in a manner which protects the public health, safety and general welfare and protect the historic resource. These conditions include compliance with the City's Zoning Ordinance and other necessary requirements. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: SECTION 1. CEQA. The proposed proposed project is considered a 'project' pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class I exemption (Existing Facilities) pursuant to Section 15301 of the CEQA Guidelines SECTION 2. Conditional Use Permit. The City Council approves Conditional Use Permit application (Case 5.1404 CUP) with conditions as outlined in attached Exhibit "A." ADOPTED THIS 15th DAY OF MARCH, 2017. l David H. Ready, Esq., D. ATTEST: City Manager 1CL Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24193 Page 4 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. 24139 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 March 15, 2107, by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None L 1 Kathleen D. Hart, MMC Interim City Clerk RESOLUTION NO. 24193 EXHIBIT A Case 5.1404 CUP Epic Hotel 275 East Tamarisk Road March 15, 2017 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Director of Building and Safety, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. Project Description. This approval is for the project described per Case 5.1404 CUP, except as modified the conditions below. ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans date stamped February 1, 2017 and on file in the Planning Division except as modified by the conditions below. ADM 3. Conform to all Codes and Regulations. The project shall conform to the conditions contained herein, all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, and any other City County, State and Federal Codes, ordinances, resolutions and laws that may apply. ADM 4. Minor Deviations. The Director of Planning or designee may approve minor deviations to the project description and approved plans in accordance with the provisions of the Palm Springs Zoning Code. ADM 5. Indemnification. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case 5.1404 CUP. 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 Resolution No. 24193 Conditions of Approval— Page 2 and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. ADM 6. Maintenance and Repair. The property owner(s) and successors and assignees in interest shall maintain and repair the improvements including and without limitation all structures, sidewalks, 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 7. Time Limit on Commencement of Use. The time limit for commencement of the use authorized by this conditional use permit shall be two (2) years from the effective date of approval. A conditional use permit shall become effective after an elapsed period of fifteen (15) days from the date of the decision by the commission authorizing the permit. ADM 8. Right to Appeal. Decisions of an administrative officer or agency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05. Permits will not be issued until the appeal period has concluded. ADM 9. Cause No Disturbance. The owner shall monitor outdoor parking areas, walkways, and adjoining properties and shall take all necessary measures to ensure that customers do not loiter, create noise, litter, or cause any disturbances while on-site. The owner and operator shall ensure that at closing time, all customers leave the property promptly and that the property is clean and secure before the owner/operator leaves the premises. The Police Chief, based upon complaints and/or other cause, may require on-site security officers to ensure compliance with all City, State, and Federal laws and conditions of approval. Failure to comply with these conditions may result in revocation of this permit, temporary business closure or criminal prosecution. ADM 10. Grounds for Revocation. Non-compliance with any of the conditions of this approval or with City codes and ordinances, State laws; any valid citizen Resolution No. 24193 Conditions of Approval— Page 3 complaints or policing and safety problems (not limited to excessive alcohol consumption, noise, disturbances, signs, etc) regarding the operation of the establishment; as determined by the Chief of Police or the Director of Building and Safety, may result in proceedings to revoke the Conditional Use Permit. In addition, violations of the City Codes and Ordinances will result in enforcement actions which may include citations, arrest, temporary business closure, or revocation of this permit in accordance with the law. ADM 11. Comply with City Noise Ordinance. This use and property shall comply with the provisions of Section 11.74 Noise Ordinance of the Palm Springs Municipal Code. Violations may result in revocation of this Conditional Use Permit. Ordinance Time of Day Ordinance dBA Limits 7:00 AM to 6:00 PM 60 6:00 PM to 10:00 PM 55 10:00 PM to 7:00 AM 50 CITY COUNCIL CONDITIONS CC 1. Maintain the relocation assistant as required by the Planning Commission as seen in PLN 11. CC 2. A list of residents for relocation shall be provided to the Department of Planning Services prior to issuance of permits for construction. CC 3. The renovated hotel shall be required to provide and maintain the following services: • The hotel shall have a front desk that is accessible to the general public. • The front desk must be staffed from 7:00 AM to 7:00 PM, with a manager available after hours to respond to guest needs. • Housekeeping services shall be provided on a daily basis. • Guest occupancy shall not exceed a maximum of 28 days. CC 4. Every tenant, from the date the applicant first applied to convert this to a hotel, who has already left or leaves due to action by the landlord (eviction without cause, non-renewal of rental agreement, increase in rent or more than cost of living increase, etc.) will be provided relocation in the amount of three (3) month's rent plus one (1) month additional for every year they were tenants there for more than three (3) years. CC 5. Rent increases shall be no more than once per year and must be no higher than increase in cost of living. CC 6. Every tenant will receive no less than 90-days' notice of eviction, rent increase or non-renewal of their rental agreement. Resolution No. 24193 Conditions of Approval— Page 4 CC 7. The owner will provide the City with list of all tenants and their address as of the date the Conditional Use Permit was submitted on December 7, 2016 within fifteen (15) days and will provide the City within fifteen (15) days after any tenant receives a notice of eviction, rent increase or non-renewal of their rental agreement. CC 8. A letter will be sent by the applicant or the City, as determined by the City Manager, to each tenant about the process and their rights to notice and relocation expenses. PLANNING DEPARTMENT CONDITIONS PLN 4. Entertainment and Amplified Noise. This CUP does not authorize any use of entertainment or amplified music on-site. PLN 5. Sign Applications Required. No signs are approved by this action. PLN 7. Exterior Alarms & Audio Systems. No sirens, outside paging or any type of signalization will be permitted, except approved alarm systems. PLN 8. Outside Storage Prohibited. No outside storage of any kind shall be permitted except as approved as a part of the proposed plan. PLN 9. Kitchens. Conditional Use Permit (CUP) will permit kitchens in eight (8) guest units. CONDITIONS IMPOSED BY PLANNING COMMISSION PLN 10. Property owner to provide a sixty (60) day notice of intent to convert apartment complex to hotel for all current building tenants with proof of notification submitted to Planning Department. PLN 11. Property owner to provide Tenant Assistance to occupant's as stipulated in Section 9.62.020 (F) of the Palm Springs Municipal Code. POLICE DEPARTMENT CONDITIONS POL 1. The operator shall comply with the noise ordinance (Chapter 11.74 of the Municipal Code) 24-hours a day. POL 2. The operator shall work with the Police Department to amicably resolve complaints related to meetings and events at the property. BUILDING DEPARTMENT CONDITIONS Resolution No. 24193 Conditions of Approval—Page 5 BLD 1. Construction Permits. Prior to any construction on-site, all appropriate permits must be secured. FIRE DEPARTMENT CONDITIONS FID 1 These conditions are subject to final plan check and review. Initial Fire Department conditions have been determined from the plans received and dated June 13, 2016 in addition to a revised site plan received on November 11, 2016. 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. Four (4) 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 four (4) 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. 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 Resolution No. 24193 Conditions of Approval —Page 6 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 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. Secured emergency access gates serving apartment, town home or condominium complex courtyards must provide a key box in addition to association or facility locks. The nominal height of Knox lock box installations shall be 5 feet above grade. Location and installation of Knox key boxes must be approved by the fire code official. Key Box Contents (CFC 506.1): The Knox key box shall contain keys to all areas of ingress/egress, alarm rooms, fire sprinkler riser/equipment rooms, mechanical rooms, elevator rooms, elevator controls, plus a card containing the emergency contact people and phone numbers for the building/complex. FID 6 Water Plan (CFC 501.3 & 901.2): A water plan for on-site and off-site is required and shall include underground private fire main for fire sprinkler riser(s), public fire hydrant(s), public water mains, Double Check Detector Assembly, Fire Department Connection and associated valves. FID 7 Required Water Supply (CFC 507.1): An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. FID 8 NFPA 13R Fire Sprinklers Required: An automatic fire sprinkler system is required. Only a C-16 licensed fire sprinkler contractor shall perform system design and installation. System to be designed and installed in accordance with NFPA standard 13R, 2013 Edition, as modified by local ordinance. Resolution No. 24193 Conditions of Approval —Page 7 FID 9 Identification (CFC 509.1): Fire protection equipment shall be identified in an approved manner. Rooms containing controls for air-conditioning systems, sprinkler risers and valves, roof access, electrical rooms, or other fire detection, suppression or control elements shall be identified for the use of the fire department. Approved signs required to identify fire protection equipment and equipment location, shall be constructed of durable materials, permanently installed and readily visible. FID 10 Fire Sprinkler Supervision and Alarms System (CFC 903.4/4.1): All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and water-flow switches on all fire sprinkler systems shall be electrically supervised by a listed Fire Alarm Control Unit (FACU). The listed FACU alarm, supervisory and trouble signals shall be distinctly different and shall be monitored at a UL listed central station service. The fire sprinkler supervision and alarms system shall comply with the requirements of NFPA 72, 2013 Edition. All control valves shall be locked in the open position. FID 11 Smoke Alarm or Detector Location — R-1 Occupancy (CFC 907.2.11.1): Single or multiple-station smoke alarms shall be installed in all of the following locations in Group R-1 : 1. In sleeping areas. 2. In every room in the path of the means of egress from the sleeping area to the door leading from the sleeping unit. 3. In each story within the sleeping unit, including basements. For sleeping units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level. FID 12 Group R-1 and R-2.1 Accessibility Requirements (CFC 907.6.2.3.3): Group R-1 and R-2.1 dwelling units or sleeping units in accordance with Table 907.6.2.3.3 shall be provided with a visible alarm notification appliance, activated by both the in room smoke alarm and the building fire alarm system. Also comply with Section 1111 B.4.5, Table 11 B-3, and Table 11 B-4 of the California Building Code. FID 13 Fire Extinguisher Requirements (CFC 906): Provide one 2-A: 10-B: C portable fire extinguisher for every 75 feet of floor or grade travel distance for normal hazards. Show proposed extinguisher locations on the plans. Extinguishers shall be mounted in a visible, accessible location 3 to 5 feet above floor level. Preferred location is in the path of exit travel or near an exit door. Resolution No. 24193 Conditions of Approval — Page 8 FID 14 Interior, Finish, Decorative Materials and Furnishings (CFC 801.1): Scope. The provisions of this chapter shall govern interior finish, interior trim, furniture, furnishings, decorative materials and decorative vegetation in buildings. Existing buildings shall comply with Sections 803 through 808. New buildings shall comply with Sections 804 through 808, and Section 803 of the California Building Code. FID 15 Hazardous Materials (CFC 5004.1): Storage of hazardous materials in amounts exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001, 5003 and 5004. Storage of hazardous materials in amounts not exceeding the maximum allowable quantity per control area as set forth in Section 5003.1 shall be in accordance with Sections 5001 and 5003. Retail and wholesale storage and display of nonflammable solid and nonflammable and noncombustible liquid hazardous materials in Group M occupancies and Group S storage shall be in accordance with Section 5003.11. • Pool Chemicals — dedicated, compliant storage cabinets, rooms, or areas required • Liquid Petroleum Gas (LPG) — dedicated, compliant storage cabinets, rooms, or areas required ENGINEERING DEPARTMENT CONDITIONS STREETS ENG 1. The Engineering Services Department recommends deferral of off-site improvement items (identified as "Deferred') at this time due to lack of full improvements in the immediate area. The owner shall execute a street improvement covenant agreeing to construct all required street improvements upon the request of the City of Palm Springs City Engineer at such time as deemed necessary. The covenant shall be executed and notarized by the property owner(s) prior to approval of the Grading Plan or issuance of grading or building permits. A current title report; or a copy of a current tax bill and a copy of a vesting grant deed shall be provided to verify current property ownership. A covenant preparation fee in effect at the time that the covenant is submitted shall be paid by the applicant prior to issuance of any grading or building permits. ENG 2. Any improvements within the public right-of-way require a City of Palm Springs Encroachment Permit. All improvements are subject to inspection and a 24 to 48 hour inspection notification is required. ENG 3. Submit street improvement plans prepared by a registered California civil engineer to the Engineering Services Department. The plan(s) shall be approved by the City Engineer prior to issuance of any building permits. "Deferred' Resolution No. 24193 Conditions of Approval — Page 9 TAMARISK ROAD ENG 4. Dedicate an additional 10 feet to provide the ultimate half street right-of- way width of 30 feet along the entire frontage. 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 right-of-way plan check fee shall be paid by the applicant in effect at the time that the dedication is submitted. ENG 5. The owner shall apply for an Encroachment Agreement from the Engineering Services Department to allow the existing bay parking to remain on said portion of property to be dedicated as required for additional right-of-way. The agreement shall be executed by the owner prior to issuance of a building permit. ENG 6. Construct a 6 inch curb and gutter, 20 feet south of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. "Deferred' ENG 7. Construct a driveway approach for bay parking in accordance with City of Palm Springs Standard Drawing No. 201. "Deferred' ENG 8. Construct an 8 feet wide sidewalk behind the curb along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 210. "Deferred' ENG 9. 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 clean sawcut edge of pavement along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 110. (Additional pavement removal and replacement may be required upon review of existing pavement cross-sections, and to ensure grade breaks of the pavement cross-section do not occur within a travel lane.) If an alternative pavement section is proposed, the proposed pavement section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. "Deferred' ENG 10. All broken or off grade street improvements along the project frontage shall be repaired or replaced. SANITARY SEWER Resolution No. 24193 Conditions of Approval —Page 10 ENG 11 . All sanitary facilities shall be connected to the public sewer system. The existing sewer service to the property shall be used for new sanitary facilities. New laterals shall not be connected at manholes. GRADING ENG 12. Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Services Department for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Services Department for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures' as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Services Department with current and valid Certificate(s) of Completion from AQMD for staff that has completed the required training. For 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. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report. ENG 13. 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)aquacaliente.net to determine their requirements, if any, associated with grading or other construction. The applicant is advised to Resolution No. 24193 Conditions of Approval— Page 11 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 14. 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). GENERAL ENG 15. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. ENG 16. All proposed utility lines shall be installed underground. ENG 17. If utility undergrounding is deferred in accordance with specific direction by the Planning Commission and/or City Council, 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 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 18. All existing utilities shall be shown on the improvement plans if required for the project. The existing and proposed service laterals shall be shown from the main line to the property line. ENG 19. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, Resolution No. 24193 Conditions of Approval— Page 12 consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 20. The original improvement plans prepared for the proposed development and approved by the City Engineer (if required) shall be documented with record drawing "as-built" information and returned to the Engineering Services Department prior to issuance of a final certificate of occupancy. Any modifications or changes to approved improvement plans shall be submitted to the City Engineer for approval prior to construction. ENG 21. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. TRAFFIC ENG 22. 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 23. Construction signing, lighting and barricading shall be provided during all phases of construction as required by City Standards or as directed by the City Engineer. As a minimum, all construction signing, lighting and barricading shall be in accordance with Part 6 'Temporary Traffic Control' of the California Manual on Uniform Traffic Control Devices (CAMUTCD), dated November 7, 2014, or subsequent editions in force at the time of construction. ENG 24. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS