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HomeMy WebLinkAbout24177 RESOLUTION NO. 24177 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING A MAJOR ARCHITECTURAL APPLICATION FOR A 64 UNIT CONDOMINIUM PROJECT NAMED 64@RIV LOCATED AT 2000 NORTH INDIAN CANYON DRIVE. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS FINDS AND DETERMINES AS FOLLOWS: A. Palm Springs Modern Construction ("Applicant") filed an application pursuant to Palm Springs Zoning Code (PSZC) Chapter 94 for Major Architectural approval of a 64- unit residential condominium development on a 5.22-acre site (APN: 501-090-019) ("Project"). B. The Applicant submitted related Project applications, including; a Planned Development District as a requirement of the General Plan Land Use Designation of Tourist Resort Commercial (TRC) (Case 5.1395 PD-383); a Tentative Tract Map application (Case TTM 37210)for condominium purposes. 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 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 unanimously to recommend approval to City Council of the Project. D. On February 15, 2017, a public hearing on the applications for the Project was held by the City Council in accordance with applicable law. The City Council has carefully reviewed and considered all of the evidence presented in connection with the hearing on the Project including, but not limited to the staff reports and all written and oral testimony presented. The City Council specifically finds the following pursuant to the criteria listed in Palm Springs Zoning Code (PSZC) Section 94.04.00: 1. Site layout, orientation, location of structures and relationship to one another and to open spaces and topography. Definition of pedestrian and vehicular areas; i.e., sidewalks as distinct from parking areas. The development proposal consists of sixty-four (64) condominium units in eight (8) two-story buildings with eight (8) units in each building. The flat site is zoned R-3 and the proposed buildings meet the required setbacks based upon their twenty-four (24') foot height. The gated complex will include two entrances; one from North Resolution No. 24177 Page 2 Indian Canyon Drive and the second from East Via Escuela. A long connected driveway will wrap around the development and link both entrances for the use of the residents and guests. Off-street parking will be provided throughout the development with a total of 112 spaces. Parking spaces are accessed from the complex driveway and are evenly distributed throughout the development. Carports are proposed covering sixty-four (64) spaces located on the outer ring of the parking lots. The inner ring of parking will remain uncovered. Existing sidewalks along North Indian Canyon Drive and Via Escuela will remain with pedestrian connections from within the development located at the two vehicular entrances. 2. Harmonious relationship with existing and proposed adjoining developments and in the context of the immediate neighborhood community, avoiding both excessive variety and monotonous repetition, but allowing similarity of style, if warranted. The proposed project located within the R-3 zone is surrounded on two sides by similar condominiums complexes and will be an appropriate adaptive reuse for the corner lot. The use of varying building elevations and color schemes will provide variety in the overall development. The immediate area is a mix of multi-family residential developments, and the Riviera Hotel. The removal of a blighted building and tennis club to be replaced with the 64@Riv project development will be harmonious and consistent with adjacent properties. 3. Maximum height, area, setbacks and overall mass, as well as parts of any structure (buildings, walls, screens towers or signs) and effective concealment of all mechanical equipment; The proposed development will be two-story with a maximum height of twenty-four (24) feet with several building elements extending higher to conceal mechanical equipment. Each building will contain eight (8) units with four (4) units on the first floor and four 4 units on the second. The building setbacks are consistent and conform to the R-3 zone development standards. The development as proposed will provide an appropriately scaled project with buildings that face the street and anchor the corner of North Indian Canyon Drive and Via Escuela. The massing and scale of the buildings on the site is consistent with adjacent multi-family residential developments. A perimeter wall and new landscaping will provide an interesting streetscape with two vehicular and pedestrian entrances. Resolution No. 24177 Page 3 4. Building design, materials and colors to be sympathetic with desert surroundings. AND 5. Harmony of materials, colors and composition of those elements of a structure, including overhangs, roofs, and substructures which are visible simultaneously, AND 6. Consistency of composition and treatment, The proposed condo complex will have a unique architectural style with two building types, and three different paint schemes. Three condo buildings will front along Indian Canyon Drive and provide a defined street edge. Building materials include the use of La Habra stucco for all surfaces with differing color schemes utilizing a consistent shade of light gray for the main body with an alternative color for accents. All windows frames, doors, railings, and canopy frames are black. Carports consisting of a simple steel support post with metal roof are proposed in the outer ring of parking lots. 7. Location and type of planting, with regard for desert climate conditions. Preservation of specimen and landmark trees upon a site, with proper irrigation to insure maintenance of all plant materials. The proposed landscape plan includes the use of internal walkways and sidewalks circling each building with a main plaza leading to the pool. Proposed plantings include a variety of palms in 36" boxes with trunk heights of 18'-25' feet; multiple species of Acacia trees and Palo Verde trees. Other plants include shrubs, cactus, and succulents as accents. The trees in the parking lot islands will be multi-trunk Palo Verde and will provide the required shading. A six (6') feet tall masonry perimeter wall is proposed painted to match the new buildings with ficus plants evenly spaced along the streetscape to provide visual relief. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS RESOLVES AS FOLLOWS: SECTION 1. CEQA. The Project is considered a "project" pursuant to the California Environmental Quality Act (CEQA). An IS/MND has been prepared for the Project that evaluates the potential environmental impacts of the Project. The City Council has reviewed and considered Resolution No. 24177 Page 4 the information in the final IS/MND and has, by separate resolution, adopt the final Mitigated Negative Declaration in accordance with CEQA. SECTION 2. Major Architectural Application. The City Council approves the Major Architectural application (Case 5.1395 PDD-383 / 3.39693 MAJ) with conditions as outlined in attached Exhibit "A." ADOPTED THIS 15T" DAY OF FEBRUARY, 2017. David H. Ready, Esq. City Manager ATTEST: 1J Kathleen D. Hart, MMC Interim City Clerk Resolution No. 24177 Page 5 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. 24177 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 , by the following vote: AYES: Councilmembers Kors, Mills, Roberts, Mayor Pro Tern Foat, and Mayor Moon NOES: None ABSENT: None ABSTAIN: None RECUSED: None nAaia Kathleen D. MMC Interim City Clerk RESOLUTION NO. 24177 EXHIBIT A Planned Development District 5.1395 PD 383 Major Architectural 3.3963 MAJ Tentative Tract Map 37210 TTM Sixty-Four Unit Condominium Complex located at 2000 North Indian Canyon Drive February 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 5.1395 PD 383; 3.3963 MAJ and TTM 37210; ADM 2. Reference Documents. The site shall be developed and maintained in accordance with the approved plans, date stamped December 21, 2016, including site plans, architectural elevations, exterior materials and colors, landscaping, and grading on file in the Planning Division. 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 Tentative Tract Map 37210 and will delineate Lot 1 (Riviera Hotel) and Lot 2 (64@Riv) with the removal of two notes from Parcel Map 9475. TTM 37210 will add a new note as stated: Resolution No. 24177 Page 2 Conditions of Approval "Lot 2 shall be burdened by a non-exclusive easement for open space for the benefit of Lot 1 (the "open space easement'), for planning and zoning purposes only and without any rights of use, over Lot 2, consisting of a non-specified land area of 52,700-square feet of open space located on Lot 2, which land area shall be credited to the amount of open space required for Lot 1 under the Planning and Zoning ordinances of the City of Palm Springs, to preserve the open space easement for the benefit of Lot 1, no development shall be permitted on Lot 2 which would reduce the open space on Lot 2 to less than 131,250-square feet": The approval and recording of the tract map will link the two properties together and limit any future development or redevelopment on the two parcels thus preserving the required open space. Parcel 2 is not being developed to its maximum coverage leaving a surplus of 13% open space (or 52,700-square feet) to the benefit of Parcel 1 in line with the original concept of Parcel Map 9475. 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 5.1395 PD 383 / 3,3963 MAJ & TTM 37210. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attorney. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse 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 Resolution No. 24177 Page 3 Conditions of Approval 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 (PDD) Tentative Tract Map (TTM) 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 may be granted by the Planning Commission upon demonstration of good cause. Extensions of time 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 (Tentative Tract Map). ADM 9. Right tolAppeal. Decisions of an administrative officer orIagency of the City of Palm Springs may be appealed in accordance with Municipal Code Chapter 2.05.00. Permits will not be issued until the appeal period has concluded. ADM 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 Resolution No. 24177 Page 4 Conditions of Approval (unless such systems are directly linked to the City's community-wide system and shown on the City's master plan). ADM 12. Comply with City Noise Ordinance. This use 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. ADM 13. CC&R's The applicant prior to issuance of building permits 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. These CC&R's may be enforceable by the City, shall not be amended without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances. ADM 14. 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 succe sso r-in-inte rest. 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 without City approval, and shall require maintenance of all property in a good condition and in accordance with all ordinances, ADM 15. CC&R's Deposits & Fees. The applicant shall submit to the City of Palm Springs, a deposit in the amount of $3,500, for the review of the CC&R's by the City Attorney. A $675 filing fee shall also be paid to the City Planning Department for administrative review purposes. ADM 16. CC&R's Noise Disclosure. The CC&R's shall have a disclosure statement regarding the location of the project relative to roadway noise, City special events, roadway closures for special events and other activities which may occur in the Central Business District, Desert Museum and Desert Fashion Plaza. Said disclosure shall inform perspective buyers about traffic, noise and other activities which may occur in this area. Resolution No. 24177 Page 5 Conditions of Approval ADM 17. Notice to Tenants. The applicant shall provide all tenants with a copy of the Conditions of Approval for this project. ENVIRONMENTAL ASSESSMENT CONDITIONS ENV 1. Coachella Valley Multiple-Species Habitat Conservation Plan (CVMSHCP) Local Development Mitigation Fee (LDMF) required. All projects within the City of Palm Springs, not within the Agua Caliente Band of Cahuilla Indians reservation are subject to payment of the CVMSHCP LDMF prior to the issuance of certificate of occupancy. ENV 2. 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 negative declaration or EIR will be included in the plans prior to Planning Commission consideration of the environmental assessment. Mitilgation measures are defined in the CEQA Evaluation and summarized here as follows: Biological Resources: MM 4-1 Prior to the approval of the Grading Plan, the City's Building and Safety Department shall verify that the following note is included on the contractor specifications to ensure compliance with the Migratory Bird Treaty Act (MBTA): To avoid impacts on nesting birds, vegetation on the project site should be cleared between September 1 and February 28 of the following year. If vegetation clearing will occur during the peak nesting season (between March 1 and August 31), a pre- construction survey shall be conducted by a qualified Biologist to identify if there are any active nesting locations. If the Biologist does not find any active nests in the impact area, then vegetation clearing and construction work will be allowed. If the Biologist finds an active nest in the construction area and determines that the nest may be impacted by construction activities, the Biologist shall delineate an appropriate buffer zone around the nest depending on the species and the type of construction activity. Construction activities shall be prohibited in the buffer zone until a qualified Biologist determines that the nest has been abandoned. Cultural Resources: MM 5-1 In the event of an unanticipated discovery of historic or prehistoric archaeological and paleontological resources, a qualified archaeologist and/or paleontologist shall be contacted and given the opportunity to examine and evaluate the discovery. The archaeologist/paleontologist shall first determine whether an Resolution No. 24177 Page 6 Conditions of Approval archaeological resource uncovered during construction is a unique archaeological resource pursuant to Section 21083.2(g) of the California Public Resources Code or a historical resource pursuant to Section 15064.5(a) of the State CEQA Guidelines. If the discovered resource is determined to be a unique archaeological or paleontological resource or a historical resource, the Archaeologist shall formulate a Mitigation Plan in consultation with the City of Palm Springs that satisfies the requirements of the above-listed regulations. The Mitigation Plan can include, but is not necessarily limited to, excavation of the deposit in accordance with a cultural resource mitigation or data recovery plan that makes provisions for adequately recovering the scientifically consequential information from and about the resource (see California Code of Regulations, Title 4[3], Section 15126.4[b][3][C]). The data recovery plan shall be prepared prior` to any excavation and shall include provisions for sharing of information with interested Tribes. The data recovery plan shall employ standard archaeological field methods and procedures; laboratory and technical analyses of recovered archaeological materials; production of a report detailing the methods, findings, and significance of the cultural site and associated materials; curation of archaeological materials at an appropriate facility for future research and/or display; an interpretive display of recovered cultural materials at a local school, museum, or library; and public lectures at local schools and/or historical societies on the findings and significance of the site and recovered materials. The data recovery plan shall be implemented and the results of the data recovery plan shall be deposited with the regional California Historical Resources Information Center (CHRIS) repository. Noise: MM 12-1 Prior to the issuance of the grading permit, the Project Developer shall submit plans and/or contract specifications to the City Engineer that include noise reduction measures to be implemented during demolition and construction activities, as feasible, including the following: • All construction equipment (fixed or mobile) shall be equipped with properly operating and maintained mufflers, consistent with or exceeding manufacturers' standards. • Construction equipment engine enclosures and covers, as provided by manufacturers, shall be in place during operation. Resolution No. 24177 Page 7 Conditions of Approval • Stationary construction equipment shall be placed as far as feasible from the residences to the east so that the emitted noise is directed away from these residences. • Equipment and materials staging areas shall be located farthest from existing residences, as feasible • Construction equipment shall be shut down when not in use. • Haul truck deliveries shall be limited to the construction time limits allowed by the City. • The use of large bulldozers or large loaded trucks shall be prohibited within 25 feet of existing residences to the east. MM 12-2 The following interior noise reduction elements shall be incorporated into the design and construction of the condominium units in buildings located along Indian Canyon Drive and that have exterior walls facing Indian Canyon Drive to ensure that the interior noise level does not exceed 45 dBA Community Noise Equivalent Level (CNEL): • Air conditioning or a mechanical ventilation system shall be provided in each unit; • Windows and sliding glass doors shall be double-paned glass and mounted in low air infiltration rate frames (0.5 cfm or less, per American National Standard Institute [ANSI] specifications); • Solid core exterior doors shall have perimeter weather stripping and threshold seals; • Exterior walls shall consist of stucco or brick veneer. Wood siding with a '/z-inch minimum thickness fiberboard underlayer shall be used as an alternative; • Glass in windows and doors facing Indian Canyon Drive shall not exceed 20 percent of the floor area in a room; and • Roof or attic vents facing Indian Canyon Drive shall be baffled. Traffic: MM 16-1 As part of the proposed median improvements on Indian Canyon Drive, a right-in/right-out only access with a raised median along North Indian Canyon Drive prohibiting left-turns in/out of the project site. Full turning movements permitted at secondary entrance from Via Esceula. ENV 3. 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 Resolution No. 24177 Page 8 Conditions of Approval Riverside County Clerk prior to the final City action on the project (either Planning Commission or City Council determination). 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.dfq.ca.gov for more information. ENV 4. Cultural Resource Survey Required. Prior to any ground disturbing activity, including clearing and grubbing, installation of utilities, and/or any construction related excavation, an Archaeologist qualified according to the Secretary of the Interior's Standards and Guidelines, shall be employed to surrey the area for the presence of cultural resources identifiable on the ground surface. ENV 5. Cultural Resource Site Monitoring. There is a poss'bility of buried cultural or Native American tribal resources on the site. A Native American Monitor shall be present during all ground-disturbing activities. (check for duplication in engineering conditions) a). A Native American Monitor(s) shall be present during all ground disturbing activities including clearing and grubbing, excavation, burial of utilities, planting of rooted plants, etc. Contact the Agua Caliente Band of Cahuilla Indian Cultural Office for additional information on the use and availability of Cultural Resource Monitors. Should buried cultural deposits be encountered, the Monitor shall contact the Director of Planning. After consultation the Director shall have the authority to halt destructive construction and shall notify a Qualified Archaeologist to further investigate the site. If necessary, the Qualified Archaeologist shall prepare a treatment plan for submission to the State Historic Preservation Officer and Agua Caliente Cultural Resource Coordinator for approval. b). Two copies of any cultural resource documentation generated in connection with this project, including reports of investigations, record search results and site records/updates shall be forwarded to the Tribal Planning, Building, and Engineering Department and one copy to the City Planning Department prior to final inspection. PLANNING DEPARTMENT CONDITIONS PLN 1. Water Efficient Landscaping Conformance. The project is subject to the Water Efficient Landscape Ordinance (Chapter 8.60.00) of the Palm Springs Municipal Code and all other water efficient landscape ordinances. The applicant shall submit a landscape and irrigation plan to the Director of Planning for review and approval prior to the issuance of a building permit. Resolution No. 24177 Page 9 Conditions of Approval 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 State's Water Efficient Landscape Ordinances. 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. The applicant shall submit a sign program to the Department of Planning Services prior to the issuance of building permits. PLN 3. Notice to future buyers on views. All prospective buyers of units shall be notified that there are no written or implied rights to the preservation of scenic views from the parcel. PLN 4. Prior to recordation of the final subdivision map, the developer shall submit for review and approval the following documents to the Planning Department which shall demonstrate that the project will be developed and maintained in accordance with the intent and purpose of the approved tentative map: a. The document to convey title. b. Deed restrictions, easements, covenant conditions and restrictions that are to be recorded. c. The approved documents shall be recorded at the same time that the subdivision map is recorded. The documents shall contain provisions for joint access to the proposed parcels and open space restrictions. The approved documents shall contain a provision which provides that they may not be terminated or substantially amended without the consent of the City and the developer's successor-in-interest. PLN 5. Pedestrian gates to be provided at the two main entrances to the development. PLN 6. The project shall be required to provide secure bicycle parking facilities on site for use by residents and visitors. Location and design shall be approved by the Director of Planning. PLN 7. CC&R's to restrict short term rental to no less than thirty (30) days. Conditions imposed by Planning Commission PLN 8. A total of 52,700-square feet shall remain as open space and recorded as a deed restriction. PLN 9. Carports to be painted to match the main body of the buildings. Resolution No. 24177 Page 10 Conditions of Approval PLN 10. Planning Commission approves the use of vehicular entry/exit access gates. PLN 11. Pedestrian gates to be open and unlocked from sun-up to sun-down. Developer may request that the Planning Commission reexamine this condition after one year of build-out. PLN 12. Planning Commission has determined that the Planned Development District approval to conform to the General Plan does not require a public benefit. Conditions imposed by City Council PLN 13. Palm Springs Modern Homes as the owner/developer of 64@Riv and the Riviera Gardens Homeowners Association to grant each other easements necessary for construction, maintenance, and repair of existing masonry wall and wrought iron fence between both properties. PLN 14. Easements to be shown on Tentative Tract Map 37210. PLN 15. Palm Springs Modern Homes to repair existing masonry wall separating the 64@Riv property and the Riviera Gardens to be completed before a Certificate of Occupancy can be granted for Building #4. 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. 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. Resolution No. 24177 Page 11 Conditions of Approval 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 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. Surface (CFC 503.2.3): 24 foot minimum fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus (73,000 lbs. GVW) and shall be surfaced so as to provide all-weather driving capabilities. • Fire Lanes — signage and/or curb markings required. Project Note — all private streets within the project are designated fire apparatus access roads with no parking on either side. Resolution No. 24177 Page 12 Conditions of Approval FID 6. 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 Strobeswitch TM, 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. Secured non- automated vehicle gates or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of/< inch). 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. FID 7. Key Box Required (CFC 506.1): Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be flush mount type and shall contain keys to gain necessary access as required by the fire code official. FID 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. Shall comply with Palm Springs Fire Code Appendix L. FID 9 Require Fire Flow (CFC B101.0): Fire flow requirements for this project = 2,000 GPM; 2-hour duration. Resolution No. 24177 Page 13 Conditions of Approval FID 10 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 11 Fire Extinguisher Requirements (CFC 906): Provide one (1) 2A-10B: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. I I FID 12 Residential Smoke and Carbon Monoxide Alarms Installation (CFC 907.2.11.2/3/4; CRC R314 & R315; and California Health & Safety Code 17926): Provide and install Residential Smoke and Carbon Monoxide Alarms. Alarms shall receive their primary power from the building wiring, and shall be equipped with a battery backup. In new construction, alterations, repairs and additions, smoke and carbon monoxide alarms shall be interconnected. The operation of any smoke alarm will cause all smoke alarms within the dwelling to sound. The operation of any carbon monoxide alarm will cause all carbon monoxide alarms within the dwelling to sound. FID 13 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 Resolution No. 24177 Page 14 Conditions of Approval Project Note: Show pool chemical storage room on plans. FID 14 Building and Facilities (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. FID 15 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 16 Traffic Calming Devices (CFC 503.4.1): Traffic calming devices shall be prohibited unless approved by the fire code official. 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. STREETS ENG 1. 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. NORTH INDIAN CANYON DRIVE ENG 2. Remove existing driveway improvements and replace with a 6 inch curb and gutter and applicable sidewalk to match existing, 38 feet east of centerline along the entire frontage in accordance with City of Palm Springs Standard Drawing No. 200. ENG 3. Construct a 50 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located a minimum of 152 feet north of the most southerly property line. Resolution No. 24177 Page 15 Conditions of Approval ENG 4. Remove existing curb ramp and construct a type A curb ramp meeting current California State Accessibility standards at the southeast corner of the intersection of North Indian Canyon Drive and Via Escuela in accordance with City of Palm Springs Standard Drawing No. 212. ENG 5. Construct a 14-feet wide raised, landscaped median island as specified by the City Engineer across the entire frontage. Landscaping and irrigation plans for the median shall be submitted to the City Engineer for review and approval, in conjunction with the associated street improvement plans. ENG 6. The irrigation system shall be separately metered from the parkway landscaping to be maintained by the applicant, for future use by the City upon acceptance of the median landscaping by the City. ENG 7. All median landscaping shall be guaranteed for a period of one year from the date of acceptance by the City Engineer. Any landscaping that fails during the one year landscape maintenance period shall be replaced with similar plant material to the satisfaction of the City Engineer, and shall be subject to a subsequent one year landscape maintenance period. ENG 8. All broken or off grade street improvements along the project frontage shall be repaired or replaced. VIA ESCUELA ENG 9. The existing driveway location is to be used for proposed 'fire exit" approach, and to be reconstructed in accordance with City of Palm Springs Standard Drawing No. 205. ENG 10. Construct a 50 feet wide driveway approach in accordance with City of Palm Springs Standard Drawing No. 205. The centerline of the driveway approach shall be located a minimum of 150 feet west of the centerline of Indian Canyon Drive. ENG 11 . All broken or off grade street improvements along the project frontage shall be repaired or replaced. ON-SITE ENG 12. The minimum pavement section for all on-site pavement (specify drive aisles, parking spaces, etc.) shall be 2-1/2 inches asphalt concrete pavement over 4 inches crushed miscellaneous base with a minimum subgrade of 24 inches at 95% relative compaction, or equal. If an alternative pavement section is proposed, the proposed pavement Resolution No. 24177 Page 16 Conditions of Approval section shall be designed by a California registered Geotechnical Engineer using "R" values from the project site and submitted to the City Engineer for approval. ENG 13. On-site drive aisles (or parking lot) shall be constructed with curbs, gutters, and cross-gutters, as necessary to accept and convey street surface drainage of the on-site streets to the on-site drainage system, in accordance with applicable City standards. ENG 14. Parking shall be restricted along both sides of the 26 feet wide drive aisles. Regulatory Type R26 "No Parking" signs or red curb shall be installed along the drive aisles as necessary to enforce parking restrictions. A Home Owners Association shall be responsible for regulating and maintaining required no parking restrictions, which shall be included in Covenants, Conditions, and Restrictions required Ifor the development. I SANITARY SEWER ENG 15. All on-site sewer systems shall be privately maintained by a Home Owners Association (HOA). Provisions for maintenance of the on- site sewer system acceptable to the City Engineer shall be included in the Covenants, Conditions and Restrictions (CC&R's) required for this project. ENG 16. 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 Submit a Precise Grading Plan prepared by a California registered Civil engineer to the Engineering Division for review and approval. The Precise Grading Plan shall be approved by the City Engineer prior to issuance of grading permit. Resolution No. 24177 Page 17 Conditions of Approval a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading contractor and submitted to the Engineering Division for review and approval. The applicant and/or its grading contractor shall be required to comply with Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required to utilize one or more "Coachella Valley Best Available Control Measures" as identified in the Coachella Valley Fugitive Dust Control Handbook for each fugitive dust source such that the applicable performance standards are met. The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by staff that has completed the South Coast Air Quality Management District (AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its grading contractor shall provide the Engineering Division with current and valid Certificate(s) of Completion from AQMD for staff that 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 Division prior to approval of the Grading plan. b. The first submittal of the Grading Plan shall include the following information: a copy of final approved conformed copy of Conditions of Approval; a copy of a final approved conformed copy of the Site Plan; a copy of current Title Report; a copy of Soils Report; a copy of the associated Hydrology Study and a copy of the project-specific Water Quality Management Plan. ENG 17. Prior to approval of 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. The applicant shall contact the Tribal Historic Preservation Officer or the Tribal Archaeologist at ACBCI- THPOCa)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 18. In accordance with an approved PM-10 Dust Control Plan, temporary dust control perimeter fencing shall be installed. Fencing shall have screening that is tan in color; green screening will not be allowed. Temporary dust control perimeter fencing shall be installed after issuance of Grading Permit, and immediately prior to commencement of grading operations. Resolution No. 24177 Page 18 Conditions of Approval ENG 19. Temporary dust control perimeter fence screening shall be appropriately maintained, as required by the City Engineer. Cuts (vents) made into the perimeter fence screening shall not be allowed. Perimeter fencing shall be adequately anchored into the ground to resist wind loading. ENG 20. 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. ENG 21. A Notice of Intent (NOI) to comply with the California General Construction Stormwater Permit (Water Quality Order 2009-0009-DWQ as modified September 2, 2009) is required for the proposed development via the California Regional Water Quality Control Board online SMARTS system. A copy of the executed letter issuing a Waste Discharge Identification (WDID) number shall be provided to the City Engineer prior to issuance of a grading or building permit. ENG 22. In accordance with City of Palm Springs Municipal Code, Section 8.50.022 (h), the applicant shall post with the City a cash bond of two thousand dollars ($2,000.00) per disturbed acre (if there is disturbance of 5,000 square feet or more) at the time of issuance of grading permit for mitigation measures for erosionlblowsand relating to this property and development. ENG 23. A Geotechnical/Soils Report prepared by a California registered Geotechnical Engineer shall be required for and incorporated as an integral part of the grading plan for the proposed development. A copy of the Geotechnical/Soils Report shall be submitted to the Engineering Division with the first submittal of a grading plan (if required) or prior to issuance of any permit. ENG 24. The applicant shall provide pad elevation certifications for all building pads in conformance with the approved grading plan (if required), to the Engineering Division prior to construction of any building foundation. ENG 25. 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 Resolution No. 24177 Page 19 Conditions of Approval 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 26. 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 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 27. A Final Project-Specific Water Quality Management Plan (WQMP) shall be submitted to and approved by the City Engineer prior to issuance of a grading or building permit. The WQMP shall address the implementation of operational Best Management Practices (BMP's) necessary to accommodate nuisance water and storm water runoff from within the underground parking garage and the on-site private drive aisles. Direct release of nuisance water to adjacent public streets is prohibited. Construction of operational BMP's shall be incorporated into the Precise Grading and Paving Plan. a. Prior to issuance of any grading or building permits, the property owner shall record a "Covenant and Agreement" with the County-Clerk Recorder or other instrument on a standardized form to inform future property owners of the requirement to implement the approved Final Project- Specific Water Quality Management Plan (WQMP). Other alternative instruments for requiring implementation of the approved Final Project- Specific WQMP include: requiring the implementation of the Final Project- Specific WQMP in Home Owners Association or Property Owner Association Covenants, Conditions, and Restrictions (CC&Rs); formation of Landscape, Lighting and Maintenance Districts, Assessment Districts or Resolution No. 24177 Page 20 Conditions of Approval Community Service Areas responsible for implementing the Final Project- Specific WQMP; or equivalent. Alternative instruments must be approved by the City Engineer prior to issuance of any grading or building permits. b. Prior to issuance of certificate of occupancy or final City approvals (OR of "final" approval by City), the applicant shall: c. Demonstrate that all structural BMPs have been constructed and installed in conformance with approved plans and specifications; d. Demonstrate that applicant is prepared to implement all non-structural BMPs included in the approved Final Project-Specific Water Quality Management Plan (WQMP), conditions of approval, or grading/building permit conditions; and e. Demonstrate Ithat an adequate number of copies of the approved Final Project-Specific WQMP are available for the future owners (where applicable). DRAINAGE ENG 28. All stormwater runoff passing through the site shall be accepted and conveyed across the property in a manner acceptable to the City Engineer. For all stormwater runoff falling on the site, on-site retention or other facilities approved by the City Engineer shall be required to contain the increased stormwater runoff generated by the development of the property. Provide a hydrology study to determine the volume of increased stormwater runoff due to development of the site, and to determine required stormwater runoff mitigation measures for the proposed development. Final retention basin sizing and other stormwater runoff mitigation measures shall be determined upon review and approval of the hydrology study by the City Engineer and may require redesign or changes to site configuration or layout consistent with the findings of the final hydrology study. No more than 40-50% of the street frontage parkway/setback areas should be designed as retention basins. On-site open space, in conjunction with dry wells and other subsurface solutions should be considered as alternatives to using landscaped parkways for on-site retention. Hydrology study shall be expanded to determine impacts to off-site properties affected by historic drainage and drainage from the proposed site. ENG 29. The project is subject to flood control and drainage implementation fees. The acreage drainage fee at the present time is $ 6511.00 per acre in accordance with Resolution No. 15189. Fees shall be paid prior to issuance of a building permit. Resolution No. 24177 Page 21 Conditions of Approval ENG 30. All on-site storm drain systems shall be privately maintained by a Homeowners Association (HOA). Provisions for maintenance of the on- site storm drain systems acceptable to the City Engineer shall be included in Covenants, Conditions and Restrictions (CC&R's) required for this project. GENERAL ENG 31. Any utility trenches or other excavations within existing asphalt concrete pavement of off-site streets required by the proposed development shall be backfilled and repaired in accordance with City of Palm Springs Standard Drawing No. 115. The developer shall be responsible for removing, grinding, paving and/or overlaying existing asphalt concrete pavement of off-site streets as required by and at the discretion of the City Engineer, including additional pavement repairs to pavement repairs made by utility companies for utilities installed for the benefit of the proposed development (i.e. Desert Water Agency, Southern California Edison, Southern California Gas Company, Time Warner, Verizon, Mission Springs Water District, etc.). Multiple excavations, trenches, and other street cuts within existing asphalt concrete pavement of off-site streets required by the proposed development may require complete grinding and asphalt concrete overlay of the affected off-site streets, at the discretion of the City Engineer. The pavement condition of the existing off-site streets shall be returned to a condition equal to or better than existed prior to construction of the proposed development. ENG 32. All proposed utility lines shall be installed underground. ENG 33. 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 34. Upon approval of any improvement plan (if required) by the City Engineer, the improvement plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD 2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data to be submitted to the City may be authorized, upon prior approval by the City Engineer. ENG 35. 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 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. Resolution No. 24177 Page 22 Conditions of Approval ENG 36. Nothing shall be constructed or planted in the corner cut-off area of any driveway which does or will exceed the height required to maintain an appropriate sight distance per City of Palm Springs Zoning Code Section 93.02.00, D. ENG 37. All proposed trees within the public right-of-way and within 10 feet of the public sidewalk and/or curb shall have City approved deep root barriers installed in accordance with City of Palm Springs Standard Drawing No. 904. ENG 38. This property is subject to the Coachella Valley Multiple Species Habitat Conservation Plan Local Development Mitigation Fee (CVMSHCP-LDMF). The LDMF shall be paid prior to issuance of Building Permit. MAP ENG 39. 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 40. In accordance with Government Code 66426 (c), an application for a Tentative Tract Map shall be submitted to the Planning Department if the subject property is proposed to be subdivided for purposes of sale, lease, or financing of residential condominium units within the proposed development. No building permit shall be issued until a Final Map for condominium purposes has been approved by the City Council. ENG 41 . A Final Map shall be prepared by a California registered Land Surveyor or qualified Civil Engineer and submitted to the Engineering Division for review and approval. A Title Report prepared for subdivision guarantee for the subject property, the traverse closures for the existing parcel and all lots created therefrom, and copies of record documents shall be submitted with the Final Map to the Engineering Division as part of the review of the Map. The Final Map shall be approved by the City Council prior to issuance of building permits. ENG 42. 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. Resolution No. 24177 Page 23 Conditions of Approval The CC&R's shall be approved by the City Attorney prior to approval of the Final Map by the City Council, or in the absence of a Final Map, shall be submitted and approved by the City Attorney prior to issuance of Certificate of Occupancy. ENG 43. 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, DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe Acrobat 6.0 or greater) formats. Variations of the type and format of G.I.S. digital data to be submitted to the City may be authorized, upon prior approval of the City Engineer. TRAFFIC ENG 44. As determined by the traffic study submitted by Kunzman Associates on October 31, 2016, the following mitigation measure(s) will be required: • As part of the proposed median improvements on Indian Canyon Drive, a right-in/right-out only access with a raised median along North Indian Canyon Drive prohibiting left-turns in/out of the project site. Full turning movements permitted at secondary entrance from Via Esceula. ENG 45. A minimum of 48 inches of clearance for accessibility shall be provided on public sidewalks or pedestrian paths of travel. 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 frontage of the subject property. ENG 46. 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. Resolution No. 24177 Page 24 Conditions of Approval ENG 47. 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 48. This property is subject to the Transportation Uniform Mitigation Fee which shall be paid prior to issuance of building permit. END OF CONDITIONS I I